Senate Record, February 4, 2021 — Congressional Record
Summary
Page S476 of the Senate section of the Congressional Record for February 4, 2021, with statements on introduced bills and cosponsor additions, in interleaved columns. S. 218 from Mr. Thune and Mrs. Shaheen would approve certain advanced biofuel registrations, and Mr. Thune asks that its text be printed. Cosponsors are added to amendment No. 475 to the budget resolution S. Con. Res. 5 and to S. 64 on entrepreneurial ecosystems in underserved communities. A resolution, S. Res. 33, applauds Catholic schools and their national association, and bill text on document fraud rulemaking appears at the end.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Senate Record, February 4, 2021 — Congressional Record.”
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S476 CONGRESSIONAL RECORD — SENATE February 4, 2021
and setting forth the appropriate budg- strengthen the development of small STATEMENTS ON INTRODUCED
etary levels for fiscal years 2022 business concerns in emerging mar- BILLS AND JOINT RESOLUTION
through 2030. kets, including those owned by women, By Mr. THUNE (for himself and
AMENDMENT NO. 475 minorities, veterans, and those located Mrs. SHAHEEN):
At the request of Mr. INHOFE, the in rural areas, and for other purposes. S. 218. A bill to approve certain ad-
names of the Senator from North Da- S. 64 vanced biofuel registrations, to require
kota (Mr. CRAMER) and the Senator the consideration of certain advanced
from North Dakota (Mr. HOEVEN) were At the request of Mr. CARDIN, the
biofuel pathways, and to reduce green-
added as cosponsors of amendment No. name of the Senator from Delaware
house gas emissions, and for other pur-
475 intended to be proposed to S. Con. (Mr. COONS) was added as a cosponsor
poses; to the Committee on Environ-
Res. 5, a concurrent resolution setting of S. 64, a bill to amend the Small Busi-
ment and Public Works.
forth the congressional budget for the ness Act to spur entrepreneurial eco- Mr. THUNE. Mr. President, I ask
United States Government for fiscal systems in underserved communities. unanimous consent that the text of the
year 2021 and setting forth the appro- S. 225 bill be printed in the RECORD.
priate budgetary levels for fiscal years There being no objection, the text of
At the request of Ms. KLOBUCHAR, the
2022 through 2030. the bill was ordered to be printed in
names of the Senator from Vermont
AMENDMENT NO. 514 the RECORD, as follows:
(Mr. LEAHY) and the Senator from Ha-
At the request of Mr. INHOFE, the S. 218
waii (Ms. HIRONO) were added as co-
names of the Senator from Kansas (Mr. Be it enacted by the Senate and House of Rep-
sponsors of S. 225, a bill to reform the
MARSHALL), the Senator from North resentatives of the United States of America in
antitrust laws to better protect com- Congress assembled,
Dakota (Mr. CRAMER), the Senator petition in the American economy, to SECTION 1. APPROVAL OF ADVANCED BIOFUEL
from Iowa (Ms. ERNST), the Senator amend the Clayton Act to modify the REGISTRATIONS.
from North Carolina (Mr. TILLIS), the standard for an unlawful acquisition, (a) DEFINITIONS.—In this section:
Senator from Florida (Mr. RUBIO), the to deter anticompetitive exclusionary (1) APPLICATION.—The term ‘‘application’’
Senator from Kansas (Mr. MORAN), the conduct that harms competition and means an application for registration under
Senator from Oklahoma (Mr. consumers, to enhance the ability of section 80.1450 of title 40, Code of Federal
LANKFORD), the Senator from Lou- Regulations (as in effect on February 4,
the Department of Justice and the Fed- 2021)—
isiana (Mr. CASSIDY) and the Senator eral Trade Commission to enforce the (A) that was submitted for approval before
from Missouri (Mr. HAWLEY) were antitrust laws, and for other purposes. February 4, 2021;
added as cosponsors of amendment No. (B) for which not less than 180 days have
S. 247
514 intended to be proposed to S. Con. elapsed since the date on which application
Res. 5, a concurrent resolution setting At the request of Mr. LEE, the name was submitted for approval; and
forth the congressional budget for the of the Senator from Pennsylvania (Mr. (C) that has not been denied by the Admin-
United States Government for fiscal TOOMEY) was added as a cosponsor of S. istrator of the Environmental Protection
year 2021 and setting forth the appro- 247, a bill to amend the Fair Labor Agency (referred to in this Act as the ‘‘Ad-
priate budgetary levels for fiscal years Standards Act of 1938 to provide com- ministrator’’) before February 4, 2021.
(2) TRANSPORTATION FUEL.—The term
2022 through 2030. pensatory time for employees in the ‘‘transportation fuel’’ has the meaning given
AMENDMENT NO. 542 private sector. the term in section 211(o)(1) of the Clean Air
At the request of Mr. JOHNSON, the AMENDMENT NO. 786 Act (42 U.S.C. 7545(o)(1)).
name of the Senator from Tennessee (b) ACTION ON APPLICATIONS.—
(Mr. HAGERTY) was added as a cospon- At the request of Mr. INHOFE, the (1) IN GENERAL.—For the purposes of car-
sor of amendment No. 542 proposed to name of the Senator from Texas (Mr. rying out the Renewable Fuel Program
CRUZ) was added as a cosponsor of under section 211(o) of the Clean Air Act (42
S. Con. Res. 5, a concurrent resolution U.S.C. 7545(o)) (referred to in this Act as the
setting forth the congressional budget amendment No. 786 proposed to S. Con.
Res. 5, a concurrent resolution setting ‘‘Renewable Fuel Program’’), an application
for the United States Government for shall be considered approved if not less than
fiscal year 2021 and setting forth the forth the congressional budget for the
1 State has approved the sale of fuel pro-
appropriate budgetary levels for fiscal United States Government for fiscal duced using the processes described in the
years 2022 through 2030. year 2021 and setting forth the appro- application under a program designed to re-
priate budgetary levels for fiscal years duce the carbon intensity of transportation
AMENDMENT NO. 546
2022 through 2030. fuel.
At the request of Ms. COLLINS, the (2) FINAL ACTION ON CERTAIN APPLICA-
names of the Senator from Kansas (Mr. AMENDMENT NO. 852
TIONS.—For the purposes of carrying out the
MORAN), the Senator from West Vir- At the request of Mrs. BLACKBURN, Renewable Fuel Program, in a case in which
ginia (Mrs. CAPITO), the Senator from the names of the Senator from Ohio no State has approved the sale of fuel pro-
Ohio (Mr. PORTMAN), the Senator from (Mr. PORTMAN) and the Senator from duced using the processes described in the
Maine (Mr. KING), the Senator from application under a program designed to re-
Indiana (Mr. YOUNG) were added as co-
New Hampshire (Mrs. SHAHEEN), the duce the carbon intensity of transportation
sponsors of amendment No. 852 in- fuel, not later than 90 days after the date of
Senator from West Virginia (Mr. tended to be proposed to S. Con. Res. 5, enactment of this Act, the Administrator
MANCHIN) and the Senator from Alaska a concurrent resolution setting forth shall take final action on the application.
(Ms. MURKOWSKI) were added as cospon- the congressional budget for the United SEC. 2. REQUIREMENT FOR ACTION ON PENDING
sors of amendment No. 546 proposed to States Government for fiscal year 2021 ADVANCED BIOFUEL PATHWAYS.
S. Con. Res. 5, a concurrent resolution and setting forth the appropriate budg- For purposes of carrying out the Renew-
setting forth the congressional budget etary levels for fiscal years 2022 able Fuel Program, not later than 180 days
for the United States Government for after the date of enactment of this Act, the
through 2030. Administrator shall take final action on a
fiscal year 2021 and setting forth the
AMENDMENT NO. 878 petition for a renewable fuel pathway under
appropriate budgetary levels for fiscal section 80.1416 of title 40, Code of Federal
years 2022 through 2030. At the request of Mr. LUJÁN, the Regulations (as in effect on February 4, 2021),
f names of the Senator from Alaska (Ms. if—
MURKOWSKI) and the Senator from (1) the petition was submitted for approval
ADDITIONAL COSPONSORS ON Oklahoma (Mr. INHOFE) were added as and deemed complete in accordance with sec-
FEBRUARY 5, 2021 cosponsors of amendment No. 878 in- tion 80.1416 of title 40, Code of Federal Regu-
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S. 63 tended to be proposed to S. Con. Res. 5, lations (as in effect on February 4, 2021), be-
At the request of Mr. CARDIN, the a concurrent resolution setting forth fore February 4, 2021; and
(2) not less than 180 days have elapsed
name of the Senator from Delaware the congressional budget for the United
since the date on which the petition was sub-
(Mr. COONS) was added as a cosponsor States Government for fiscal year 2021 mitted for approval and deemed complete in
of S. 63, a bill to establish an Office of and setting forth the appropriate budg- accordance with section 80.1416 of title 40,
Emerging Markets within the Small etary levels for fiscal years 2022 Code of Federal Regulations (as in effect on
Business Administration that will through 2030. February 4, 2021).
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February 4, 2021 CONGRESSIONAL RECORD — SENATE S477
SEC. 3. FUNDING. the CARES Act, which provided states sources they need to save lives and
(a) IN GENERAL.—Out of any funds in the with $150 billion in Coronavirus Relief livelihoods and get the economy work-
Treasury not otherwise appropriated, the
Funds, I am reintroducing the State ing again. I urge each of my colleagues
Secretary of the Treasury shall transfer to
the Administrator to carry out this Act and Local Emergency Stabilization to join me in working to enact this leg-
$2,000,000, to remain available until ex- Fund Act to help state and local gov- islation so that we can get more crit-
pended. ernments shoulder the costs of the ical federal resources to our states and
(b) RECEIPT AND ACCEPTANCE.—The Admin- coronavirus and its devastating impact local governments who are on the front
istrator shall be entitled to receive, shall ac- on lives, livelihoods, and the economy. lines of battling this public health and
cept, and shall use to carry out this Act the The State and Local Emergency Sta- economic emergency.
funds transferred under subsection (a), with- bilization Fund Act has three critical
out further appropriation. By Mrs. FEINSTEIN (for herself,
components: authorizing new funding,
assuring flexibility in spending the Mr. GRASSLEY, Mr. SCHATZ, Mr.
By Mr. REED:
S. 242. A bill to provide for an exten- funds, and extending the time period DURBIN, Ms. KLOBUCHAR, Mr.
sion of temporary financing of short- for which the funding can be spent. TILLIS, Mr. KAINE,, Ms. ERNST,
time compensation programs; to the Specifically, the bill would provide Mr. TESTER, and Ms. MUR-
State and local governments an addi- KOWSKI):
Committee on Finance.
Mr. REED. Mr. President, today I am tional $600 billion in funding, includes S. 253. A bill to expand research on
introducing the Layoff Prevention Act. a protective $5 billion small state min- the cannabidiol and marihuana; to the
This bill would extend the financing imum, treats the District of Columbia Committee on the Judiciary.
and grant provisions for work sharing and the Commonwealth of Puerto Rico Mrs. FEINSTEIN. Mr. President, I
that I authored and worked to include as States, and reserves funds for terri- rise today to introduce the Cannabidiol
in the Middle Class Tax Relief and Job tories and Tribes. In addition, $59 bil- and Marijuana Research Expansion Act
Creation Act of 2012, and, most re- lion would be allocated to States based with my colleagues. This bill is iden-
cently, the Coronavirus Aid, Relief, on their relative coronavirus infection tical to our bill which was unani-
and Economic Security Act. rates, and $205 billion would be re- mously passed by the Senate during
The concept of work sharing is sim- served exclusively for local govern- the last session of Congress.
ple. It helps people who are currently ments. The bill makes it crystal clear While anecdotal evidence suggests
employed—but in danger of being laid that Coronavirus Relief Funds are that marijuana and its derivatives, like
off—to keep their jobs. By giving strug- flexible and may be used to maintain cannabidiol, commonly known as CBD,
gling companies the flexibility to re- state and local services. And it gives may be helpful in treating serious med-
duce hours instead of their workforce, State and local governments until ical conditions, anecdotes alone cannot
work sharing programs prevent layoffs June 30, 2022 to spend the money in be the basis for developing new medica-
and help employers save money on re- order to ensure funding can be equi- tions. Rather, medication development
hiring costs. Employees who partici- tably allocated and disbursed to help must be based on science.
pate in work sharing keep their jobs communities combat COVID–19 and re- That is why our bill seeks to stream-
and receive a portion of Unemployment cover. line the process associated with re-
Insurance benefits to make up for lost According to a November 29, 2020 searching marijuana that may have un-
wages. This prevents layoffs, saves em- Wall Street Journal article, ‘‘State and intentionally stymied important re-
ployers rehiring costs, and costs states local government spending on public search. It does so by requiring the Drug
only a fraction of what it would if services fell at a seasonally adjusted Enforcement Administration (DEA) to
workers went on unemployment full- annual rate of 3.7% in the third quarter quickly approve or deny applications
time. from the second, according to the Com- to research CBD or marijuana and by
Financing for work sharing programs merce Department. That followed a 6% establishing a process through which
was included in the CARES Act and ex- decline in the second quarter, the applicants may submit supplemental
tended through March 14, 2021 in the sharpest since 1952. By October, the information, if necessary. It also im-
most recent COVID–19 relief legislation sector had roughly 1.2 million fewer proves regulations related to changes
enacted in December. The legislation I jobs than a year earlier. It could take to approved quantities of marijuana
am introducing today would build upon four to eight years for the national needed for research and approved re-
what is currently in law, by enacting a economy to recover from the pan- search protocols.
five-year extension of financing for demic, estimates Dan White, director In addition, the CBD and Marijuana
permanent work sharing programs, and of fiscal-policy research at Moody’s Research Expansion Act seeks to in-
a two-year extension for temporary Analytics. State and local governments crease medical research and reduce re-
programs. This revised Layoff Preven- could take up to 10 or 15 years, he liance on a single source of marijuana
tion Act will also double funding to said.’’ or CBD for research purposes. It au-
support states that are implementing Mr. President, we should all let that thorizes medical and osteopathic
work sharing programs, from $100 mil- sink in. ‘‘State and local government schools, research universities, practi-
lion, as provided in the CARES Act, to could take up to 10 or 15 years’’ to re- tioners and pharmaceutical companies
$200 million. cover from the pandemic. The scale and to produce the marijuana they need for
I urge my colleagues to join me in pace of this public health emergency approved medical research that can
supporting passage of this bill—which and its impact on our economy re- then be used to develop proven, effec-
will continue to spur our recovery from quires each of us to swiftly set aside tive medicines. Upon FDA approval of
the pandemic—by keeping American ideology and work urgently to address these medications, pharmaceutical
workers on the job, saving taxpayers these generational challenges head on companies are permitted to manufac-
money, and providing employers with a with additional fiscal relief. We all ture and distribute them.
practical and cost-effective alternative have a common interest in ensuring Our bill also facilitates better com-
to layoffs. that state and local governments can munication between doctors and pa-
continue to provide health care, edu- tients.
By Mr. REED: cation, public safety, and other vital It is my understanding that some
S. 252. A bill to amend the VI of the services, just when they are needed doctors and patients are hesitant to
Social Security Act to provide addi- most. Any economic recovery needs re- have frank conversations regarding the
tional funding for States, Tribal gov- use or marijuana, CBD, or other mari-
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liable state and local governments that
ernments, and local communities due provide the business certainty that juana derivatives because of mari-
to the Coronavirus Disease 2019 make our country attractive to busi- juana’s status as a schedule I drug.
(COVID–19) public health emergency, nesses and investors throughout the This can adversely impact patient care,
and for other purposes; to the Com- world. especially if patients are using mari-
mittee on Finance. Nobody is immune from this crisis. juana or its derivatives without their
Mr. REED. Mr. President, in order to Congress should come together, do the doctor’s knowledge. That is why our
build on a key provision I authored in right thing, and provide states the re- bill specifically authorizes doctors to
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S478 CONGRESSIONAL RECORD — SENATE February 4, 2021
discuss the potential harms and bene- Mr. REED. Mr. President, along with Community Development Agencies,
fits of using such products with their Senators BROWN, LEAHY and many or Rhode Island Housing; and the Rhode
patients. my colleagues, I am reintroducing leg- Island Association of Realtors.
Finally, to broaden our under- islation that would create a $75 biilion I urge all of my colleagues to join in
standing of marijuana and CBD even Homeowner Assistance Fund that pressing for inclusion of the Home-
further, our bill directs the Secretary builds on the success of the Hardest Hit owner Assistance Fund in our contin-
of Health and Human Services to ex- Fund at the Treasury Department that ued response to the coronavirus pan-
pand and coordinate research to deter- I championed in 2010. demic.
mine the potential medical benefits of The Hardest Hit Fund provided funds
CBD or other marijuana-derived medi- to 18 state-level Housing Finance Agen- By Mr. DURBIN (for himself, Ms.
cations on serious medical conditions. cies, directing targeted foreclosure pre- CORTEZ MASTO, Mrs. SHAHEEN,
I have heard from many parents and vention assistance to households and Mr. MERKLEY, Mr. BENNET, Ms.
adults who have turned to CBD and neighborhoods in states like Rhode Is- DUCKWORTH, Mr. BLUMENTHAL,
marijuana as a last resort to treat land hit hard by the economic and Mr. MENENDEZ, Mr. REED, Mr.
medical conditions. In many cases, housing market downturn. BROWN, Ms. ROSEN, Ms. SMITH,
these individuals have seen positive re- The Homeowner Assistance Fund ex- and Ms. KLOBUCHAR):
sults. pands this model to provide a flexible S. 263. A bill to preserve health bene-
Despite this, however, many are also source of Federal aid to all State-level fits for workers; to the Committee on
concerned about the lack of science- Housing Finance Agencies. This Fed- Finance.
based information related to proper de- eral funding could then be used to help Mr. DURBIN. Mr. President, I ask
livery mechanisms, dosing, or potential struggling households remain in their unanimous consent that the text of the
interactions that CBD or marijuana homes while they search for new em- bill be printed in the RECORD.
may have with other medications. ployment or wait to get back to work. There being no objection, the text of
Some also worry because these prod- Financial assistance could go towards the bill was ordered to be printed in
ucts aren’t well regulated or factory preventing eviction, mortgage delin- the RECORD, as follows:
sealed, and often are labeled incor- quency, default, foreclosures, or loss of S. 263
rectly. utility services, such as water, gas, Be it enacted by the Senate and House of Rep-
Additional research will increase our electricity, and the Internet as well as resentatives of the United States of America in
ability to adequately address these paying property taxes. Congress assembled,
concerns. Not only are patients asking One of the key lessons COVID–19 has SECTION 1. SHORT TITLE.
for additional research, but so too is taught us is that for many families, This Act may be cited as the ‘‘Worker
the medical community. In fact, the their homes may be the single most ef- Health Coverage Protection Act’’.
need for additional research, along fective and accessible form of personal SEC. 2. PRESERVING HEALTH BENEFITS FOR
with the need to increase the supply of WORKERS.
protective equipment. The last thing (a) PREMIUM ASSISTANCE FOR COBRA CON-
CBD and marijuana for research pur- we should be doing is making housing TINUATION COVERAGE AND FURLOUGHED CON-
poses was underscored in the National less stable at the worst possible time. TINUATION COVERAGE FOR INDIVIDUALS AND
Academy of Sciences report, titled According to a January 2021 National THEIR FAMILIES.—
‘‘The Health Effects of Cannabis and Bureau of Economic Research working (1) PROVISION OF PREMIUM ASSISTANCE.—
Cannabinoids: The Current State of paper, ‘‘policies that limit evictions (A) REDUCTION OF PREMIUMS PAYABLE.—
Evidence and Recommendations for are found to reduce COVID–19 infec- (i) COBRA CONTINUATION COVERAGE.—In the
Research.’’ tions by 3.8% and reduce deaths by case of any premium for a period of coverage
If the science shows that marijuana during the period beginning on March 1, 2020,
11%. Moratoria on utility disconnec- and ending on September 30, 2021 for COBRA
and its derivatives, including CBD can
tions reduce COVID–19 infections by continuation coverage with respect to any
effectively treat serious medical ill-
4.4% and mortality rates by 7.4%. Had assistance eligible individual described in
nesses, we should enable products con-
such policies been in place across all paragraph (3)(A), such individual shall be
taining these substances to be brought
counties (i.e., adopted as Federal pol- treated for purposes of any COBRA continu-
to the market with FDA approval. But ation provision as having paid the amount of
in order to make this determination, icy) from early March 2020 through the
end of November 2020, our estimated such premium if such individual pays (and
we must reduce the barriers that cur- any person other than such individual’s em-
rently impede important research. I counterfactuals show that policies that
ployer pays on behalf of such individual) 0
hope my fellow Senators will join me limit evictions could have reduced percent of the amount of such premium owed
in supporting this important piece of COVID–19 infections by 14.2% and by such individual (as determined without
legislation again, and I look forward to deaths by 40.7%. For moratoria on util- regard to this subsection).
working with my House colleagues to ity disconnections, COVID–19 infec- (ii) FURLOUGHED CONTINUATION COVERAGE.—
tions rates could have been reduced by In the case of any premium for a period of
ensure it is enacted. coverage during the period beginning on
Thank you, Mr. President. I yield the 8.7% and deaths by 14.8%.’’ In short,
keeping families housed saves lives, March 1, 2020, and ending on September 30,
floor. 2021, for coverage under a group health plan
which is precisely the goal of our
with respect to any assistance eligible indi-
By Mr. REED (for himself, Mr. Homeowner Assistance Fund legisla- vidual described in paragraph (3)(B), such in-
BROWN, Mr. LEAHY, Mr. MENEN- tion. dividual shall be treated for purposes of cov-
DEZ, Ms. WARREN, Mr. VAN HOL- I thank the Independent Community erage under the plan offered by the plan
LEN, Ms. CORTEZ MASTO, Ms. Bankers of America; Credit Union Na- sponsor in which the individual is enrolled as
SINEMA, Mrs. MURRAY, Mr. tional Association; National Associa- having paid the amount of such premium if
WYDEN, Mr. DURBIN, Mr. CAR- tion of Realtors; National Low Income such individual pays (and any person other
PER, Mr. SANDERS, Mr. CASEY, Housing Coalition; National Council of than such individual’s employer pays on be-
State Housing Agencies; Habitat for half of such individual) 0 percent of the
Ms. KLOBUCHAR, Mr. WHITE-
amount of such premium owed by such indi-
HOUSE, Mr. MERKLEY, Mrs. Humanity International; National
vidual (as determined without regard to this
GILLIBRAND, Mr. BLUMENTHAL, Housing Conference; National Commu- subsection).
Ms. BALDWIN, Mr. KAINE, Ms. nity Reinvestment Coalition; National (B) PLAN ENROLLMENT OPTION.—
DUCKWORTH, Mr. CARDIN, Mr. Association of Affordable Housing (i) IN GENERAL.—Notwithstanding the
BOOKER, Mr. TESTER, Mr. Lenders; National Leased Housing As- COBRA continuation provisions, any assist-
sociation; Americans for Financial Re- ance eligible individual who is enrolled in a
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OSSOFF, Ms. SMITH, Mrs. SHA-
HEEN, Ms. HIRONO, Mr. SCHATZ, form; National Consumer Law Center, group health plan offered by a plan sponsor,
on behalf of its low-income clients; not later than 90 days after the date of no-
and Mr. WARNER):
tice of the plan enrollment option described
S. 254. A bill to establish a Home- Center for Responsible Lending; Amer-
in this subparagraph, may elect to enroll in
owner Assistance Fund at the Depart- ican Public Gas Association; National coverage under a plan offered by such plan
ment of the Treasury; to the Com- Rural Electric Cooperative Associa- sponsor that is different than coverage under
mittee on Banking, Housing, and tion; National Energy Assistance Di- the plan in which such individual was en-
Urban Affairs. rectors’ Association, Council of State rolled at the time—
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February 4, 2021 CONGRESSIONAL RECORD — SENATE S479
(I) in the case of any assistance eligible in- (aa) the date following the expiration of vidual described in paragraph (3)(A) if such
dividual described in paragraph (3)(A), the the maximum period of continuation cov- election were so in effect; or
qualifying event specified in section 603(2) of erage required under the applicable COBRA (ii) an individual who elected COBRA con-
the Employee Retirement Income Security continuation coverage provision; or tinuation coverage on or after March 1, 2020,
Act of 1974 (29 U.S.C. 1163(2)), section (bb) the date following the expiration of and discontinued from such coverage before
4980B(f)(3)(B) of the Internal Revenue Code of the period of continuation coverage allowed the date of the enactment of this Act,
1986, section 2203(2) of the Public Health under paragraph (4)(B)(ii); or such individual may elect the COBRA con-
Service Act (42 U.S.C. 300bb–3(2)), or section (ii) any assistance eligible individual de- tinuation coverage under the COBRA con-
8905a of title 5, United States Code (except scribed in paragraph (3)(B) for months of cov- tinuation coverage provisions containing
for the voluntary termination of such indi- erage beginning on or after the earlier of— such provisions during the period beginning
vidual’s employment by such individual), oc- (I) the first date that such individual is eli- on the date of the enactment of this Act and
curred, and such coverage shall be treated as gible for coverage under any other group ending 60 days after the date on which the
COBRA continuation coverage for purposes health plan (other than coverage consisting notification required under paragraph (7)(C)
of the applicable COBRA continuation cov- of only dental, vision, counseling, or referral is provided to such individual.
erage provision; or services (or a combination thereof), coverage (B) COMMENCEMENT OF COBRA CONTINUATION
(II) in the case of any assistance eligible under a flexible spending arrangement (as COVERAGE.—Any COBRA continuation cov-
individual described in paragraph (3)(B), the defined in section 106(c)(2) of the Internal erage elected by a qualified beneficiary dur-
furlough period began with respect to such Revenue Code of 1986), coverage of treatment ing an extended election period under sub-
individual. that is furnished in an on-site medical facil- paragraph (A)—
(ii) REQUIREMENTS.—Any assistance eligi- ity maintained by the employer and that (i) shall apply as if such qualified bene-
ble individual may elect to enroll in dif- consists primarily of first-aid services, pre- ficiary had been covered as of the date of a
ferent coverage as described in clause (i) vention and wellness care, or similar care (or qualifying event specified in section 603(2) of
only if— a combination thereof)), or eligible for bene- the Employee Retirement Income Security
(I) the employer involved has made a de- fits under the Medicare program under title Act of 1974 (29 U.S.C. 1163(2)), section
termination that such employer will permit XVIII of the Social Security Act (42 U.S.C. 4980B(f)(3)(B) of the Internal Revenue Code of
such assistance eligible individual to enroll 1395 et seq.); or 1986, section 2203(2) of the Public Health
in different coverage as provided under this (II) the first date that such individual is no Service Act (42 U.S.C. 300bb–3(2)), or section
subparagraph; longer in the furlough period. 8905a of title 5, United States Code, except
(II) the premium for such different cov- (B) NOTIFICATION REQUIREMENT.—Any as- for the voluntary termination of such bene-
erage does not exceed the premium for cov- sistance eligible individual shall notify the ficiary’s employment by such beneficiary,
erage in which such individual was enrolled group health plan with respect to which that occurs no earlier than March 1, 2020 (in-
at the time such qualifying event occurred paragraph (1)(A) applies if such paragraph cluding the treatment of premium payments
or immediately before such furlough began; ceases to apply by reason of clause (i)(I) or under paragraph (1)(A) and any cost-sharing
(III) the different coverage in which the in- (ii)(I) of subparagraph (A) (as applicable). requirements for items and services under a
dividual elects to enroll is coverage that is Such notice shall be provided to the group group health plan); and
also offered to the active employees of the health plan in such time and manner as may (ii) shall not extend beyond the period of
employer, who are not in a furlough period, be specified by the Secretary of Labor. COBRA continuation coverage that would
at the time at which such election is made; (C) SPECIAL ENROLLMENT PERIOD FOLLOWING have been required under the applicable
and EXPIRATION OF PREMIUM ASSISTANCE.—Not- COBRA continuation coverage provision if
(IV) the different coverage in which the in- withstanding section 1311 of the Patient Pro- the coverage had been elected as required
dividual elects to enroll is not— tection and Affordable Care Act (42 U.S.C. under such provision.
(aa) coverage that provides only dental, vi- 18031), the expiration of premium assistance (5) EXPEDITED REVIEW OF DENIALS OF PRE-
sion, counseling, or referral services (or a pursuant to a limitation specified under sub- MIUM ASSISTANCE.—In any case in which an
combination of such services); paragraph (A) shall be treated as a quali- individual requests treatment as an assist-
(bb) a qualified small employer health re- fying event for which any assistance eligible ance eligible individual described in subpara-
imbursement arrangement (as defined in sec- individual is eligible to enroll in a qualified graph (A) or (B) of paragraph (3) and is de-
tion 9831(d)(2) of the Internal Revenue Code health plan offered through an Exchange nied such treatment by the group health
of 1986); under title I of such Act (42 U.S.C. 18001 et plan, the Secretary of Labor (or the Sec-
(cc) a flexible spending arrangement (as de- seq.) during a special enrollment period. retary of Health and Human Services in con-
fined in section 106(c)(2) of the Internal Rev- (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For nection with COBRA continuation coverage
enue Code of 1986); or purposes of this section, the term ‘‘assist- which is provided other than pursuant to
(dd) benefits that provide coverage for ance eligible individual’’ means, with respect part 6 of subtitle B of title I of the Employee
services or treatments furnished in an on- to a period of coverage during the period be- Retirement Income Security Act of 1974 (29
site medical facility maintained by the em- ginning on March 1, 2020, and ending on Sep- U.S.C. 1161 et seq.)), in consultation with the
ployer and that consists primarily of first- tember 30, 2021— Secretary of the Treasury, shall provide for
aid services, prevention and wellness care, or (A) any individual that is a qualified bene- expedited review of such denial. An indi-
similar care (or a combination of such care). ficiary that— vidual shall be entitled to such review upon
(C) PREMIUM REIMBURSEMENT.—For provi- (i) is eligible for COBRA continuation cov- application to such Secretary in such form
sions providing the payment of such pre- erage by reason of a qualifying event speci- and manner as shall be provided by such Sec-
mium, see section 6432 of the Internal Rev- fied in section 603(2) of the Employee Retire- retary, in consultation with the Secretary of
enue Code of 1986, as added by paragraph (14). ment Income Security Act of 1974 (29 U.S.C. Treasury. Such Secretary shall make a de-
(2) LIMITATION OF PERIOD OF PREMIUM AS- 1163(2)), section 4980B(f)(3)(B) of the Internal termination regarding such individual’s eli-
SISTANCE.— Revenue Code of 1986, section 2203(2) of the gibility within 15 business days after receipt
(A) ELIGIBILITY FOR ADDITIONAL COV- Public Health Service Act (42 U.S.C.300bb– of such individual’s application for review
ERAGE.—Paragraph (1)(A) shall not apply 3(2)), or section 8905a of title 5, United States under this paragraph. Either Secretary’s de-
with respect to— Code (except for the voluntary termination termination upon review of the denial shall
(i) any assistance eligible individual de- of such individual’s employment by such in- be de novo and shall be the final determina-
scribed in paragraph (3)(A) for months of dividual); and tion of such Secretary. A reviewing court
coverage beginning on or after the earlier (ii) elects such coverage; or shall grant deference to such Secretary’s de-
of— (B) any covered employee that is in a fur- termination. The provisions of this para-
(I) the first date that such individual is eli- lough period that remains eligible for cov- graph, paragraphs (1) through (4), and para-
gible for coverage under any other group erage under a group health plan offered by graphs (7) through (9) shall be treated as pro-
health plan (other than coverage consisting the employer of such covered employee. visions of title I of the Employee Retirement
of only dental, vision, counseling, or referral (4) EXTENSION OF ELECTION PERIOD AND EF- Income Security Act of 1974 (29 U.S.C. 1001 et
services (or a combination thereof), coverage FECT ON COVERAGE.— seq.) for purposes of part 5 of subtitle B of
under a flexible spending arrangement (as (A) IN GENERAL.—For purposes of applying such title.
defined in section 106(c)(2) of the Internal section 605(a) of the Employee Retirement (6) DISREGARD OF SUBSIDIES FOR PURPOSES
Revenue Code of 1986), coverage of treatment Income Security Act of 1974 (29 U.S.C. OF FEDERAL AND STATE PROGRAMS.—Notwith-
that is furnished in an on-site medical facil- 1165(a)), section 4980B(f)(5)(A) of the Internal standing any other provision of law, any pre-
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ity maintained by the employer and that Revenue Code of 1986, section 2205(a) of the mium assistance with respect to an assist-
consists primarily of first-aid services, pre- Public Health Service Act (42 U.S.C. 300bb– ance eligible individual under this sub-
vention and wellness care, or similar care (or 5(a)), and section 8905a(c)(2) of title 5, United section shall not be considered income, in-
a combination thereof)), or eligible for bene- States Code, in the case of— kind support, or resources for purposes of de-
fits under the Medicare program under title (i) an individual who does not have an elec- termining the eligibility of the recipient (or
XVIII of the Social Security Act (42 U.S.C. tion of COBRA continuation coverage in ef- the recipient’s spouse or family) for benefits
1395 et seq.); or fect on the date of the enactment of this Act or assistance, or the amount or extent of
(II) the earlier of— but who would be an assistance eligible indi- benefits or assistance, or any other benefit
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S480 CONGRESSIONAL RECORD — SENATE February 4, 2021
provided under any Federal program or any (aa) an individual who is eligible for con- (A) IN GENERAL.—With respect to any as-
program of a State or political subdivision tinuation coverage may also be eligible to sistance eligible individual described in para-
thereof financed in whole or in part with enroll, with financial assistance, in a quali- graph (3)(B) who, during the period described
Federal funds. fied health plan offered through such Ex- in such paragraph, becomes eligible for as-
(7) COBRA-SPECIFIC NOTICE.— change, but, in the case that such individual sistance pursuant to paragraph (1)(A)(ii), the
(A) GENERAL NOTICE.— elects to enroll in such continuation cov- requirements of section 606(a)(4) of the Em-
(i) IN GENERAL.—In the case of notices pro- erage and subsequently elects to terminate ployee Retirement Income Security Act of
vided under section 606(a)(4) of the Employee such continuation coverage before the period 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D)
Retirement Income Security Act of 1974 (29 of such continuation coverage expires, such of the Internal Revenue Code of 1986, section
U.S.C. 1166(4)), section 4980B(f)(6)(D) of the termination does not initiate a special en- 2206(4) of the Public Health Service Act (42
Internal Revenue Code of 1986, section 2206(4) rollment period (absent a qualifying event U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) of
of the Public Health Service Act (42 U.S.C. specified in section 603(2) of the Employee title 5, United States Code, shall not be
300bb–6(4)), or section 8905a(f)(2)(A) of title 5, Retirement Income Security Act of 1974 (29 treated as met unless the group health plan
United States Code, with respect to individ- U.S.C. 1163(2)), section 4980B(f)(3)(B) of the administrator, in accordance with the tim-
uals who, during the period described in Internal Revenue Code of 1986, section 2203(2) ing requirement specified under subpara-
paragraph (3), become entitled to elect of the Public Health Service Act (42 U.S.C. graph (B), provides to the individual a writ-
COBRA continuation coverage, the require- 300bb–3(2)), or section 8905a of title 5, United ten notice in clear and understandable lan-
ments of such provisions shall not be treated States Code, with respect to such indi- guage of—
as met unless such notices include an addi- vidual); and (i) the availability of premium assistance
tional notification to the recipient a written (bb) an individual who elects to enroll in with respect to such coverage under this sub-
notice in clear and understandable language continuation coverage will remain eligible to section;
of— enroll in a qualified health plan offered (ii) the option of the qualified beneficiary
(I) the availability of premium assistance through such Exchange during an open en- to enroll in different coverage if the em-
with respect to such coverage under this sub- rollment period and may be eligible for fi- ployer permits such beneficiary to elect to
section; and nancial assistance with respect to enrolling enroll in such different coverage under para-
(II) the option to enroll in different cov- in such a qualified health plan; graph (1)(B); and
erage if the employer permits assistance eli- (IV) information on consumer protections (iii) the information specified under para-
gible individuals described in paragraph with respect to enrolling in a qualified graph (7)(B) (as applicable).
(3)(A) to elect enrollment in different cov- health plan offered through such Exchange, (B) TIMING SPECIFIED.—For purposes of sub-
erage (as described in paragraph (1)(B)). including the requirement for such a quali- paragraph (A), the timing requirement speci-
(ii) ALTERNATIVE NOTICE.—In the case of fied health plan to provide coverage for es- fied in this subparagraph is—
COBRA continuation coverage to which the sential health benefits (as defined in section (i) with respect to such an individual who
notice provision under such sections does not 1302(b) of such Act (42 U.S.C. 18022(b))) and is within a furlough period during the period
apply, the Secretary of Labor, in consulta- the requirements applicable to such a quali- beginning on March 1, 2020, and ending on
tion with the Secretary of the Treasury and fied health plan under part A of title XXVII the date of the enactment of this Act, 30
the Secretary of Health and Human Services, of the Public Health Service Act (42 U.S.C. days after the date of such enactment; and
shall, in consultation with administrators of 300gg et seq.); (ii) with respect to such an individual who
the group health plans (or other entities) (V) information on the availability of fi- is within a furlough period during the period
that provide or administer the COBRA con- nancial assistance with respect to enrolling beginning on the first day after the date of
tinuation coverage involved, provide rules in a qualified health plan, including the the enactment of this Act and ending on Sep-
requiring the provision of such notice. maximum income limit for eligibility for the tember 30, 2021, 30 days after the date of the
(iii) FORM.—The requirement of the addi- premium tax credit under section 36B of the beginning of such furlough period.
tional notification under this subparagraph Internal Revenue Code of 1986; and (C) MODEL NOTICES.—Not later than 30 days
may be met by amendment of existing notice (VI) information on any special enrollment after the date of enactment of this Act, with
forms or by inclusion of a separate document periods during which any assistance eligible respect to any assistance eligible individual
with the notice otherwise required. individual described in paragraph (3)(A)(i) described in paragraph (3)(B)—
(B) SPECIFIC REQUIREMENTS.—Each addi- may be eligible to enroll, with financial as- (i) the Secretary of Labor, in consultation
tional notification under subparagraph (A) sistance, in a qualified health plan offered with the Secretary of the Treasury and the
shall include— through such Exchange (including a special Secretary of Health and Human Services,
(i) the forms necessary for establishing eli- enrollment period for which an individual shall prescribe models for the notification
gibility for premium assistance under this may be eligible due to the expiration of pre- required under this paragraph (other than
subsection; mium assistance pursuant to a limitation the notification described in clause (ii)); and
(ii) the name, address, and telephone num- specified under paragraph (2)(A)). (ii) in the case of any notification provided
ber necessary to contact the plan adminis- (C) NOTICE IN CONNECTION WITH EXTENDED pursuant to subparagraph (A) under section
trator and any other person maintaining rel- ELECTION PERIODS.—In the case of any assist- 8905a(f)(2)(A) of title 5, United States Code,
evant information in connection with such ance eligible individual described in para- the Office of Personnel Management shall
premium assistance; graph (3)(A) (or any individual described in prescribe a model for such notification.
(iii) a description of the extended election paragraph (4)(A)) who became entitled to (9) NOTICE OF EXPIRATION OF PERIOD OF PRE-
period provided for in paragraph (4)(A); elect COBRA continuation coverage before MIUM ASSISTANCE.—
(iv) a description of the obligation of the the date of the enactment of this Act, the (A) IN GENERAL.—With respect to any as-
qualified beneficiary under paragraph (2)(B) administrator of the applicable group health sistance eligible individual, subject to sub-
and the penalty provided under section 6720C plan (or other entity) shall provide (within 60 paragraph (B), the requirements of section
of the Internal Revenue Code of 1986 for fail- days after the date of enactment of this Act) 606(a)(4) of the Employee Retirement Income
ure to carry out the obligation; for the additional notification required to be Security Act of 1974 (29 U.S.C. 1166(4)), sec-
(v) a description, displayed in a prominent provided under subparagraph (A) and failure tion 4980B(f)(6)(D) of the Internal Revenue
manner, of the qualified beneficiary’s right to provide such notice shall be treated as a Code of 1986, section 2206(4) of the Public
to a reduced premium and any conditions on failure to meet the notice requirements Health Service Act (42 U.S.C. 300bb–6(4)), or
entitlement to the reduced premium; under the applicable COBRA continuation section 8905a(f)(2)(A) of title 5, United States
(vi) a description of the option of the quali- provision. Code, shall not be treated as met unless the
fied beneficiary to enroll in different cov- (D) MODEL NOTICES.—Not later than 30 days employer of the individual, during the period
erage if the employer permits such bene- after the date of enactment of this Act, with specified under subparagraph (C), provides to
ficiary to elect to enroll in such different respect to any assistance eligible individual such individual a written notice in clear and
coverage under paragraph (1)(B); and described in paragraph (3)(A)— understandable language—
(vii) information regarding any Exchange (i) the Secretary of Labor, in consultation (i) that the premium assistance for such
established under title I of the Patient Pro- with the Secretary of the Treasury and the individual will expire soon and the promi-
tection and Affordable Care Act (42 U.S.C. Secretary of Health and Human Services, nent identification of the date of such expi-
18001 et seq.) through which a qualified bene- shall prescribe models for the additional no- ration;
ficiary may be eligible to enroll in a quali- tification required under this paragraph (ii) that such individual may be eligible for
fied health plan, including— (other than the additional notification de- coverage without any premium assistance
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(I) the publicly accessible internet website scribed in clause (ii)); and through—
address for such Exchange; (ii) in the case of any additional notifica- (I) COBRA continuation coverage; or
(II) the publicly accessible internet website tion provided pursuant to subparagraph (A) (II) coverage under a group health plan;
address for the Find Local Help directory under section 8905a(f)(2)(A) of title 5, United (iii) that the expiration of premium assist-
maintained by the Department of Health and States Code, the Office of Personnel Manage- ance is treated as a qualifying event for
Human Services on the healthcare.gov inter- ment shall prescribe a model for such addi- which any assistance eligible individual is
net website (or a successor website); tional notification. eligible to enroll in a qualified health plan
(III) a clear explanation that— (8) FURLOUGH-SPECIFIC NOTICE.— offered through an Exchange under title I of
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February 4, 2021 CONGRESSIONAL RECORD — SENATE S481
such Act (42 U.S.C. 18001 et seq.) during a (B) COBRA CONTINUATION COVERAGE.—The mittee on Energy and Commerce of the
special enrollment period; and term ‘‘COBRA continuation coverage’’ House of Representatives and the Committee
(iv) the information specified in paragraph means continuation coverage provided pur- on Health, Education, Labor, and Pensions
(7)(B)(vii). suant to part 6 of subtitle B of title I of the and the Committee on Finance of the Senate
(B) EXCEPTION.—The requirement for the Employee Retirement Income Security Act regarding the premium assistance provided
group health plan administrator to provide of 1974 (other than under section 609), title under this subsection that includes—
the written notice under subparagraph (A) XXII of the Public Health Service Act, sec- (i) the number of individuals provided such
shall be waived in the case the premium as- tion 4980B of the Internal Revenue Code of assistance as of the date of the report; and
sistance for such individual expires pursuant 1986 (other than subsection (f)(1) of such sec- (ii) the total amount of expenditures in-
to clause (i)(I) or (ii)(I) of paragraph (2)(A). tion insofar as it relates to pediatric vac- curred (with administrative expenditures
(C) PERIOD SPECIFIED.—For purposes of sub- cines), or section 8905a of title 5, United noted separately) in connection with such
paragraph (A), the period specified in this States Code, or under a State program that assistance as of the date of the report.
subparagraph is, with respect to the date of provides comparable continuation coverage. (B) FINAL REPORT.—As soon as practicable
expiration of premium assistance for any as- Such term does not include coverage under a after the last period of COBRA continuation
sistance eligible individual pursuant to a health flexible spending arrangement under coverage for which premium assistance is
limitation requiring a notice under this a cafeteria plan within the meaning of sec- provided under this section, the Secretary of
paragraph, the period beginning on the day tion 125 of the Internal Revenue Code of 1986. the Treasury and the Secretary of Labor
that is 45 days before the date of such expira- (C) COBRA CONTINUATION PROVISION.—The shall jointly submit a final report to each
term ‘‘COBRA continuation provision’’ Committee referred to in subparagraph (A)
tion and ending on the day that is 15 days be-
means the provisions of law described in sub- that includes—
fore the date of such expiration.
paragraph (B). (i) the number of individuals provided pre-
(D) MODEL NOTICES.—Not later than 30 days
(D) COVERED EMPLOYEE.—The term ‘‘cov- mium assistance under this section;
after the date of enactment of this Act, with
ered employee’’ has the meaning given such (ii) the average dollar amount (monthly
respect to any assistance eligible indi-
term in section 607(2) of the Employee Re- and annually) of premium assistance pro-
vidual—
tirement Income Security Act of 1974. vided to such individuals; and
(i) the Secretary of Labor, in consultation (E) QUALIFIED BENEFICIARY.—The term
with the Secretary of the Treasury and the (iii) the total amount of expenditures in-
‘‘qualified beneficiary’’ has the meaning curred (with administrative expenditures
Secretary of Health and Human Services, given such term in section 607(3) of the Em-
shall prescribe models for the notification noted separately) in connection with pre-
ployee Retirement Income Security Act of mium assistance under this section.
required under this paragraph (other than 1974.
the notification described in clause (ii)); and (14) COBRA PREMIUM ASSISTANCE.—
(F) GROUP HEALTH PLAN.—The term ‘‘group (A) IN GENERAL.—Subchapter B of chapter
(ii) in the case of any notification provided health plan’’ has the meaning given such
pursuant to subparagraph (A) under section 65 of the Internal Revenue Code of 1986 is
term in section 607(1) of the Employee Re- amended by adding at the end the following
8905a(f)(2)(A) of title 5, United States Code, tirement Income Security Act of 1974.
the Office of Personnel Management shall new section:
(G) STATE.—The term ‘‘State’’ includes the ‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM
prescribe a model for such notification. District of Columbia, the Commonwealth of ASSISTANCE.
(10) REGULATIONS.—The Secretary of the Puerto Rico, the Virgin Islands, Guam,
Treasury and the Secretary of Labor may ‘‘(a) IN GENERAL.—The person to whom pre-
American Samoa, and the Commonwealth of miums are payable for continuation cov-
jointly prescribe such regulations or other the Northern Mariana Islands.
guidance as may be necessary or appropriate erage under section 2(a)(1) of the Worker
(H) PERIOD OF COVERAGE.—Any reference in Health Coverage Protection Act shall be al-
to carry out the provisions of this sub- this subsection to a period of coverage shall lowed as a credit against the tax imposed by
section, including the prevention of fraud be treated as a reference to a monthly or section 3111(a), or so much of the taxes im-
and abuse under this subsection, except that shorter period of coverage with respect to posed under section 3221(a) as are attrib-
the Secretary of Labor and the Secretary of which premiums are charged with respect to utable to the rate in effect under section
Health and Human Services may prescribe such coverage. 3111(a), for each calendar quarter an amount
such regulations (including interim final (I) PLAN SPONSOR.—The term ‘‘plan spon- equal to the premiums not paid by assistance
regulations) or other guidance as may be sor’’ has the meaning given such term in sec- eligible individuals for such coverage by rea-
necessary or appropriate to carry out the tion 3(16)(B) of the Employee Retirement In- son of such section 2(a)(1) with respect to
provisions of paragraphs (5), (7), (8), (9), and come Security Act of 1974. such calendar quarter.
(11). (J) FURLOUGH PERIOD.— ‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY-
(11) OUTREACH.— (i) IN GENERAL.—The term ‘‘furlough pe- ABLE.—For purposes of subsection (a), except
(A) IN GENERAL.—The Secretary of Labor, riod’’ means, with respect to an individual as otherwise provided by the Secretary, the
in consultation with the Secretary of the and an employer of such individual, a pe- person to whom premiums are payable under
Treasury and the Secretary of Health and riod— such continuation coverage shall be treated
Human Services, shall provide outreach con- (I) beginning with the first month begin- as being—
sisting of public education and enrollment ning on or after March 1, 2020 and before Sep- ‘‘(1) in the case of any group health plan
assistance relating to premium assistance tember 30, 2021, during which such individ- which is a multiemployer plan (as defined in
provided under this subsection. Such out- ual’s employer reduces such individual’s section 3(37) of the Employee Retirement In-
reach shall target employers, group health work hours (due to a lack of work, funds, or come Security Act of 1974), the plan,
plan administrators, public assistance pro- other nondisciplinary reason) to an amount ‘‘(2) in the case of any group health plan
grams, States, insurers, and other entities as that is less than 70 percent of the base month not described in paragraph (1)—
determined appropriate by such Secretaries. amount; and ‘‘(A) which provides furlough continuation
Such outreach shall include an initial focus (II) ending with the earlier of— coverage described in section 2(a)(1)(A)(ii) of
on those individuals electing continuation (aa) the first month beginning after Sep- the Worker Health Coverage Protection Act
coverage who are referred to in paragraph tember 30, 2021; or or subject to the COBRA continuation provi-
(7)(C). Information on such premium assist- (bb) the month following the first month sions contained in—
ance, including enrollment, shall also be during which work hours of such employee ‘‘(i) this title,
made available on websites of the Depart- are greater than 80 percent of work hours of ‘‘(ii) the Employee Retirement Income Se-
ments of Labor, Treasury, and Health and the base month amount. curity Act of 1974,
Human Services. (ii) BASE MONTH AMOUNT.—For purposes of ‘‘(iii) the Public Health Service Act, or
(B) ENROLLMENT UNDER MEDICARE.—The clause (i), the term ‘‘base month amount’’ ‘‘(iv) title 5, United States Code, or
Secretary of Health and Human Services means, with respect to an individual and an ‘‘(B) under which some or all of the cov-
shall provide outreach consisting of public employer of such individual, the greater of— erage is not provided by insurance,
education. Such outreach shall target indi- (I) such individual’s work hours in the the employer maintaining the plan, and
viduals who lose health insurance coverage. month prior (or in the case such individual ‘‘(3) in the case of any group health plan
Such outreach shall include information re- had no work hours in the month prior and not described in paragraph (1) or (2), the in-
garding enrollment for benefits under title had work hours in the 3 months prior, the surer providing the coverage under the group
XVIII of the Social Security Act (42 U.S.C. last month with work hours within the prior health plan.
1395 et seq.) for purposes of preventing mis- 3 months); and ‘‘(c) LIMITATIONS AND REFUNDABILITY.—
taken delays of such enrollment by such in- (II) such individual’s work hours during ‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOY-
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dividuals, including lifetime penalties for the period beginning January 1, 2020 and end- MENT TAXES.—The credit allowed by sub-
failure of timely enrollment. ing January 31, 2020. section (a) with respect to any calendar
(12) DEFINITIONS.—For purposes of this sec- (13) REPORTS.— quarter shall not exceed the tax imposed by
tion: (A) INTERIM REPORT.—The Secretary of the section 3111(a), or so much of the taxes im-
(A) ADMINISTRATOR.—The term ‘‘adminis- Treasury and the Secretary of Labor shall posed under section 3221(a) as are attrib-
trator’’ has the meaning given such term in jointly submit an interim report to the Com- utable to the rate in effect under section
section 3(16)(A) of the Employee Retirement mittee on Education and Labor, the Com- 3111(a), for such calendar quarter (reduced by
Income Security Act of 1974. mittee on Ways and Means, and the Com- any credits allowed under subsections (e) and
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S482 CONGRESSIONAL RECORD — SENATE February 4, 2021
(f) of section 3111, sections 7001 and 7003 of and a designation with respect to each em- 1986 is amended by adding at the end the fol-
the Families First Coronavirus Response ployee as to whether the subsidy reimburse- lowing new section:
Act, section 2301 of the CARES Act, and sec- ment is for coverage of 1 individual or 2 or ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
tions 20204 and 20212 of the COVID–19 Tax Re- more individuals. HEALTH PLAN OF CESSATION OF
lief Act of 2020 for such quarter) on the wages ‘‘(g) REGULATIONS.—The Secretary shall ELIGIBILITY FOR CONTINUATION
paid with respect to the employment of all issue such regulations or other guidance as COVERAGE PREMIUM ASSISTANCE.
employees of the employer. may be necessary or appropriate to carry out ‘‘(a) IN GENERAL.—Except in the case of
‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— this section, including— failure described in subsection (b) or (c), any
‘‘(A) CREDIT IS REFUNDABLE.—If the amount ‘‘(1) the requirement to report information person required to notify a group health plan
of the credit under subsection (a) exceeds the or the establishment of other methods for under section 2(a)(2)(B) of the Worker Health
limitation of paragraph (1) for any calendar verifying the correct amounts of reimburse- Coverage Protection Act who fails to make
quarter, such excess shall be treated as an ments under this section, such a notification at such time and in such
overpayment that shall be refunded under ‘‘(2) the application of this section to group manner as the Secretary of Labor may re-
sections 6402(a) and 6413(b). health plans that are multiemployer plans quire shall pay a penalty of $250.
‘‘(B) CREDIT MAY BE ADVANCED.—In antici- (as defined in section 3(37) of the Employee ‘‘(b) INTENTIONAL FAILURE.—In the case of
pation of the credit, including the refundable Retirement Income Security Act of 1974), any such failure that is fraudulent, such per-
portion under subparagraph (A), the credit ‘‘(3) to allow the advance payment of the son shall pay a penalty equal to the greater
may be advanced, according to forms and in- credit determined under subsection (a), sub- of—
structions provided by the Secretary, up to ject to the limitations provided in this sec- ‘‘(1) $250, or
an amount calculated under subsection (a) tion, based on such information as the Sec- ‘‘(2) 110 percent of the premium assistance
through the end of the most recent payroll retary shall require, provided under section 2(a)(1)(A) of such Act
period in the quarter. ‘‘(4) to provide for the reconciliation of after termination of eligibility under such
‘‘(C) TREATMENT OF DEPOSITS.—The Sec- such advance payment with the amount of section.
retary shall waive any penalty under section the credit at the time of filing the return of ‘‘(c) REASONABLE CAUSE EXCEPTION.—No
6656 for any failure to make a deposit of the tax for the applicable quarter or taxable penalty shall be imposed under this section
tax imposed by section 3111(a), or so much of year, and with respect to any failure if it is shown that
‘‘(5) with respect to the application of the such failure is due to reasonable cause and
the taxes imposed under section 3221(a) as
credit to third party payors (including pro- not to willful neglect.’’.
are attributable to the rate in effect under
fessional employer organizations, certified (B) CLERICAL AMENDMENT.—The table of
section 3111(a), if the Secretary determines
professional employer organizations, or sections of part I of subchapter B of chapter
that such failure was due to the anticipation
agents under section 3504).’’. 68 of such Code is amended by adding at the
of the credit allowed under this section.
(B) SOCIAL SECURITY TRUST FUNDS HELD end the following new item:
‘‘(D) TREATMENT OF PAYMENTS.—For pur-
HARMLESS.—There are hereby appropriated
poses of section 1324 of title 31, United States ‘‘Sec. 6720C. Penalty for failure to notify
to the Federal Old-Age and Survivors Insur-
Code, any amounts due to an employer under health plan of cessation of eli-
ance Trust Fund and the Federal Disability
this paragraph shall be treated in the same gibility for continuation cov-
Insurance Trust Fund established under sec-
manner as a refund due from a credit provi- erage premium assistance.’’.
tion 201 of the Social Security Act (42 U.S.C.
sion referred to in subsection (b)(2) of such (16) COORDINATION WITH HCTC.—
401) and the Social Security Equivalent Ben-
section. (A) IN GENERAL.—Section 35(g)(9) of the In-
efit Account established under section 15A(a)
‘‘(3) LIMITATION ON REIMBURSEMENT FOR ternal Revenue Code of 1986 is amended to
of the Railroad Retirement Act of 1974 (45
FURLOUGHED EMPLOYEES.—In the case of an
U.S.C. 231n–1(a)) amounts equal to the reduc- read as follows:
individual who for any month is an assist- tion in revenues to the Treasury by reason of ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-
ance eligible individual described in section SISTANCE.—In the case of an assistance eligi-
this section (without regard to this subpara-
2(a)(3)(B) of the Worker Health Coverage graph). Amounts appropriated by the pre- ble individual who receives premium assist-
Protection Act with respect to any coverage, ceding sentence shall be transferred from the ance for continuation coverage under section
the credit determined with respect to such general fund at such times and in such man- 2(a)(1) of the Worker Health Coverage Pro-
individual under subsection (a) for any such ner as to replicate to the extent possible the tection Act for any month during the tax-
month ending during a calendar quarter transfers which would have occurred to such able year, such individual shall not be treat-
shall not exceed the amount of premium the Trust Fund or Account had this section not ed as an eligible individual, a certified indi-
individual would have paid for a full month been enacted. vidual, or a qualifying family member for
of such coverage for the month preceding the (C) CLERICAL AMENDMENT.—The table of purposes of this section or section 7527 with
first month for which an individual is such sections for subchapter B of chapter 65 of the respect to such month.’’.
an assistance eligible individual. Internal Revenue Code of 1986 is amended by (B) EFFECTIVE DATE.—The amendment
‘‘(d) GOVERNMENTAL ENTITIES.—For pur- adding at the end the following new item: made by subparagraph (A) shall apply to tax-
poses of this section, the term ‘person’ in- able years ending after the date of the enact-
‘‘Sec. 6432. Continuation coverage premium
cludes any governmental entity or Indian ment of this Act.
assistance.’’.
tribal government (as defined in section (17) EXCLUSION OF CONTINUATION COVERAGE
(D) EFFECTIVE DATE.—The amendments
139E(c)(1)). PREMIUM ASSISTANCE FROM GROSS INCOME.—
‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- made by this paragraph shall apply to pre-
miums to which paragraph (1)(A) applies. (A) IN GENERAL.—Part III of subchapter B
poses of chapter 1, the gross income of any of chapter 1 of the Internal Revenue Code of
person allowed a credit under this section (E) SPECIAL RULE IN CASE OF EMPLOYEE PAY-
MENT THAT IS NOT REQUIRED UNDER THIS SEC- 1986 is amended by inserting after section
shall be increased for the taxable year which 139H the following new section:
includes the last day of any calendar quarter TION.—
(i) IN GENERAL.—In the case of an assist- ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
with respect to which such credit is allowed ASSISTANCE.
by the amount of such credit. No amount for ance eligible individual who pays, with re-
spect any period of coverage to which para- ‘‘In the case of an assistance eligible indi-
which a credit is allowed under this section
graph (1)(A) applies, the amount of the pre- vidual (as defined in subsection (a)(3) of sec-
shall be taken into account as qualified
mium for such coverage that the individual tion 2 of the Worker Health Coverage Protec-
wages under section 2301 of the CARES Act
or as qualified health plan expenses under would have (but for this Act) been required tion Act), gross income does not include any
section 7001(d) or 7003(d) of the Families to pay, the person to whom such payment is premium assistance provided under sub-
First Coronavirus Response Act. payable shall reimburse such individual for section (a)(1) of such section.’’.
‘‘(f) REPORTING.—Each person entitled to the amount of such premium paid. (B) CLERICAL AMENDMENT.—The table of
reimbursement under subsection (a) for any (ii) CREDIT OF REIMBURSEMENT.—A person sections for part III of subchapter B of chap-
period shall submit such reports (at such to which clause (i) applies shall be allowed a ter 1 of such Code is amended by inserting
time and in such manner) as the Secretary credit in the manner provided under section after the item relating to section 139H the
may require, including— 6432 of the Internal Revenue Code of 1986 for following new item:
‘‘(1) an attestation of involuntary termi- any payment made to the employee under ‘‘Sec. 139I. Continuation coverage premium
nation of employment, reduction of hours, or such clause. assistance.’’.
furloughing, for each assistance eligible indi- (iii) PAYMENT OF CREDITS.—Any person to (C) EFFECTIVE DATE.—The amendments
vidual on the basis of whose termination, re- which clause (i) applies shall make the pay- made by this paragraph shall apply to tax-
duction of hours, or furloughing entitlement ment required under such clause to the indi- able years ending after the date of the enact-
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to reimbursement is claimed under sub- vidual not later than 60 days after the date ment of this Act.
section (a), on which such individual elects continuation (18) DEADLINES WITH RESPECT TO NOTICES.—
‘‘(2) a report of the amount of payroll taxes coverage under paragraph (1). Notwithstanding section 518 of the Employee
offset under subsection (a) for the reporting (15) PENALTY FOR FAILURE TO NOTIFY Retirement Income Security Act of 1974 (29
period, and HEALTH PLAN OF CESSATION OF ELIGIBILITY U.S.C. 1148) and section 7508A of the Internal
‘‘(3) a report containing the TINs of all FOR PREMIUM ASSISTANCE.— Revenue Code of 1986, the Secretary of Labor
covered employees, the amount of subsidy (A) IN GENERAL.—Part I of subchapter B of and the Secretary of the Treasury, respec-
reimbursed with respect to each employee, chapter 68 of the Internal Revenue Code of tively, may not waive or extend any deadline
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February 4, 2021 CONGRESSIONAL RECORD — SENATE S483
with respect to the provision of notices de- SEC. 3. PERMANENT RESIDENT STATUS ON A offense to determine whether, under the par-
scribed in paragraphs (7), (8), and (9). CONDITIONAL BASIS FOR CERTAIN ticular circumstances, the Secretary deter-
(b) RULE OF CONSTRUCTION.—In all matters LONG-TERM RESIDENTS WHO EN- mines that the alien should be eligible for
of interpretation, rules, and operational pro- TERED THE UNITED STATES AS
CHILDREN.
cancellation of removal, adjustment to per-
cedures, the language of this section shall be manent resident status on a conditional
interpreted broadly for the benefit of work- (a) CONDITIONAL BASIS FOR STATUS.—Not-
basis, or other adjustment of status.
ers and their families. withstanding any other provision of law, an
(4) DACA RECIPIENTS.—The Secretary shall
alien shall be considered, at the time of ob-
cancel the removal of, and adjust to the sta-
By Mr. DURBIN (for himself and taining the status of an alien lawfully admit-
tus of an alien lawfully admitted for perma-
ted for permanent residence under this sec-
Mr. GRAHAM): nent residence on a conditional basis, an
tion, to have obtained such status on a con-
S. 264. A bill to authorize the can- ditional basis subject to the provisions under
alien who was granted DACA unless the alien
cellation of removal and adjustment of has engaged in conduct since the alien was
this Act.
status of certain individuals who are (b) REQUIREMENTS.— granted DACA that would make the alien in-
long-term United States residents and (1) IN GENERAL.—Notwithstanding any eligible for DACA.
(5) APPLICATION FEE.—
who entered the United States as chil- other provision of law, the Secretary shall
(A) IN GENERAL.—The Secretary may re-
dren, and for other purposes; to the cancel the removal of, and adjust to the sta-
quire an alien applying for permanent resi-
Committee on the Judiciary. tus of an alien lawfully admitted for perma-
dent status on a conditional basis under this
Mr. DURBIN. Mr. President, I ask nent residence on a conditional basis, an
section to pay a reasonable fee that is com-
unanimous consent that the text of the alien who is inadmissible or deportable from
mensurate with the cost of processing the
the United States or is in temporary pro-
bill be printed in the RECORD. application.
tected status under section 244 of the Immi-
There being no objection, the text of (B) EXEMPTION.—An applicant may be ex-
gration and Nationality Act (8 U.S.C. 1254a),
the bill was ordered to be printed in empted from paying the fee required under
if—
the RECORD, as follows: subparagraph (A) if the alien—
(A) the alien has been continuously phys-
S. 264 (i)(I) is younger than 18 years of age;
ically present in the United States since the (II) received total income, during the 12-
Be it enacted by the Senate and House of Rep- date that is 4 years before the date of the en- month period immediately preceding the
resentatives of the United States of America in actment of this Act; date on which the alien files an application
Congress assembled, (B) the alien was younger than 18 years of under this section, that is less than 150 per-
SECTION 1. SHORT TITLE. age on the date on which the alien initially cent of the poverty line; and
This Act may be cited as the ‘‘Dream Act entered the United States; (III) is in foster care or otherwise lacking
of 2021’’. (C) subject to paragraphs (2) and (3), the any parental or other familial support;
SEC. 2. DEFINITIONS. alien— (ii) is younger than 18 years of age and is
In this Act: (i) is not inadmissible under paragraph (2), homeless;
(1) IN GENERAL.—Except as otherwise spe- (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) (iii)(I) cannot care for himself or herself
cifically provided, any term used in this Act of section 212(a) of the Immigration and Na- because of a serious, chronic disability; and
that is used in the immigration laws shall tionality Act (8 U.S.C. 1182(a)); (II) received total income, during the 12-
have the meaning given such term in the im- (ii) has not ordered, incited, assisted, or month period immediately preceding the
migration laws. otherwise participated in the persecution of date on which the alien files an application
(2) DACA.—The term ‘‘DACA’’ means de- any person on account of race, religion, na- under this section, that is less than 150 per-
ferred action granted to an alien pursuant to tionality, membership in a particular social cent of the poverty line; or
the Deferred Action for Childhood Arrivals group, or political opinion; and (iv)(I) during the 12-month period imme-
program announced by President Obama on (iii) has not been convicted of— diately preceding the date on which the alien
June 15, 2012. (I) any offense under Federal or State law, files an application under this section, accu-
(3) DISABILITY.—The term ‘‘disability’’ has other than a State offense for which an es- mulated $10,000 or more in debt as a result of
the meaning given such term in section 3(1) sential element is the alien’s immigration unreimbursed medical expenses incurred by
of the Americans with Disabilities Act of status, that is punishable by a maximum the alien or an immediate family member of
1990 (42 U.S.C. 12102(1)). term of imprisonment of more than 1 year; the alien; and
(4) EARLY CHILDHOOD EDUCATION PRO- or (II) received total income, during the 12-
GRAM.—The term ‘‘early childhood education (II) 3 or more offenses under Federal or month period immediately preceding the
program’’ has the meaning given such term State law, other than State offenses for date on which the alien files an application
in section 103 of the Higher Education Act of which an essential element is the alien’s im- under this section, that is less than 150 per-
1965 (20 U.S.C. 1003). migration status, for which the alien was cent of the poverty line.
(5) ELEMENTARY SCHOOL; HIGH SCHOOL; SEC- convicted on different dates for each of the 3 (6) SUBMISSION OF BIOMETRIC AND BIO-
ONDARY SCHOOL.—The terms ‘‘elementary offenses and imprisoned for an aggregate of GRAPHIC DATA.—The Secretary may not grant
school’’, ‘‘high school’’, and ‘‘secondary 90 days or more; and an alien permanent resident status on a con-
school’’ have the meanings given such terms (D) the alien— ditional basis under this section unless the
in section 8101 of the Elementary and Sec- (i) has been admitted to an institution of alien submits biometric and biographic data,
ondary Education Act of 1965 (20 U.S.C. 7801). higher education; in accordance with procedures established by
(6) IMMIGRATION LAWS.—The term ‘‘immi- (ii) has earned a high school diploma or a the Secretary. The Secretary shall provide
gration laws’’ has the meaning given such commensurate alternative award from a pub- an alternative procedure for aliens who are
term in section 101(a)(17) of the Immigration lic or private high school, or has obtained a unable to provide such biometric or bio-
and Nationality Act (8 U.S.C. 1101(a)(17)). general education development certificate graphic data because of a physical impair-
(7) INSTITUTION OF HIGHER EDUCATION.—The recognized under State law or a high school ment.
term ‘‘institution of higher education’’— equivalency diploma in the United States; or (7) BACKGROUND CHECKS.—
(A) except as provided in subparagraph (B), (iii) is enrolled in secondary school or in an (A) REQUIREMENT FOR BACKGROUND
has the meaning given such term in section education program assisting students in— CHECKS.—The Secretary shall utilize biomet-
102 of the Higher Education Act of 1965 (20 (I) obtaining a regular high school diploma ric, biographic, and other data that the Sec-
U.S.C. 1002); and or its recognized equivalent under State law; retary determines appropriate—
(B) does not include an institution of high- or (i) to conduct security and law enforce-
er education outside of the United States. (II) in passing a general educational devel- ment background checks of an alien seeking
(8) PERMANENT RESIDENT STATUS ON A CON- opment exam, a high school equivalence di- permanent resident status on a conditional
DITIONAL BASIS.—The term ‘‘permanent resi- ploma examination, or other similar State- basis under this section; and
dent status on a conditional basis’’ means authorized exam. (ii) to determine whether there is any
status as an alien lawfully admitted for per- (2) WAIVER.—With respect to any benefit criminal, national security, or other factor
manent residence on a conditional basis under this Act, the Secretary may waive the that would render the alien ineligible for
under this Act. grounds of inadmissibility under paragraph such status.
(9) POVERTY LINE.—The term ‘‘poverty (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of (B) COMPLETION OF BACKGROUND CHECKS.—
line’’ has the meaning given such term in the Immigration and Nationality Act (8 The security and law enforcement back-
section 673 of the Community Services Block U.S.C. 1182(a)) for humanitarian purposes or ground checks of an alien required under
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Grant Act (42 U.S.C. 9902). family unity or if the waiver is otherwise in subparagraph (A) shall be completed, to the
(10) SECRETARY.—Except as otherwise spe- the public interest. satisfaction of the Secretary, before the date
cifically provided, the term ‘‘Secretary’’ (3) TREATMENT OF EXPUNGED CONVICTIONS.— on which the Secretary grants such alien
means the Secretary of Homeland Security. An expunged conviction shall not automati- permanent resident status on a conditional
(11) UNIFORMED SERVICES.—The term ‘‘Uni- cally be treated as an offense under para- basis under this section.
formed Services’’ has the meaning given the graph (1). The Secretary shall evaluate ex- (8) MEDICAL EXAMINATION.—
term ‘‘uniformed services’’ in section 101(a) punged convictions on a case-by-case basis (A) REQUIREMENT.—An alien applying for
of title 10, United States Code. according to the nature and severity of the permanent resident status on a conditional
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S484 CONGRESSIONAL RECORD — SENATE February 4, 2021
basis under this section shall undergo a med- upon application to the Secretary, be grant- (A) is described in paragraph (1)(C) of sec-
ical examination. ed an employment authorization document. tion 3(b), subject to paragraphs (2) and (3) of
(B) POLICIES AND PROCEDURES.—The Sec- (D) LIFT OF STAY.—The Secretary or Attor- that section;
retary, with the concurrence of the Sec- ney General may not lift the stay granted to (B) has not abandoned the alien’s residence
retary of Health and Human Services, shall an alien under subparagraph (A) unless the in the United States; and
prescribe policies and procedures for the na- alien ceases to meet the requirements under (C)(i) has acquired a degree from an insti-
ture and timing of the examination required such subparagraph. tution of higher education or has completed
under subparagraph (A). (e) EXEMPTION FROM NUMERICAL LIMITA- at least 2 years, in good standing, in a pro-
(9) MILITARY SELECTIVE SERVICE.—An alien TIONS.—Nothing in this section or in any gram for a bachelor’s degree or higher degree
applying for permanent resident status on a other law may be construed to apply a nu- in the United States;
conditional basis under this section shall es- merical limitation on the number of aliens (ii) has served in the Uniformed Services
tablish that the alien has registered under who may be granted permanent resident sta- for at least 2 years and, if discharged, re-
the Military Selective Service Act (50 U.S.C. tus on a conditional basis under this Act. ceived an honorable discharge; or
3801 et seq.), if the alien is subject to reg- SEC. 4. TERMS OF PERMANENT RESIDENT STA- (iii) has been employed for periods totaling
istration under such Act. TUS ON A CONDITIONAL BASIS. at least 3 years and at least 75 percent of the
(c) DETERMINATION OF CONTINUOUS PRES- (a) PERIOD OF STATUS.—Permanent resi- time that the alien has had a valid employ-
ENCE.— dent status on a conditional basis is— ment authorization, except that any period
(1) TERMINATION OF CONTINUOUS PERIOD.— (1) valid for a period of 8 years, unless such during which the alien is not employed while
Any period of continuous physical presence period is extended by the Secretary; and having a valid employment authorization
in the United States of an alien who applies (2) subject to termination under subsection and is enrolled in an institution of higher
for permanent resident status on a condi- (c). education, a secondary school, or an edu-
tional basis under this section shall not ter- (b) NOTICE OF REQUIREMENTS.—At the time cation program described in section
minate when the alien is served a notice to an alien obtains permanent resident status 3(b)(1)(D)(iii), shall not count toward the
appear under section 239(a) of the Immigra- on a conditional basis, the Secretary shall time requirements under this clause.
tion and Nationality Act (8 U.S.C. 1229(a)). provide notice to the alien regarding the pro- (2) HARDSHIP EXCEPTION.—The Secretary
(2) TREATMENT OF CERTAIN BREAKS IN PRES- shall remove the conditional basis of an
visions of this Act and the requirements to
alien’s permanent resident status and grant
ENCE.— have the conditional basis of such status re-
the alien status as an alien lawfully admit-
(A) IN GENERAL.—Except as provided in moved.
ted for permanent residence if the alien—
subparagraphs (B) and (C), an alien shall be (c) TERMINATION OF STATUS.—The Sec-
(A) satisfies the requirements under sub-
considered to have failed to maintain contin- retary may terminate the permanent resi-
paragraphs (A) and (B) of paragraph (1);
uous physical presence in the United States dent status on a conditional basis of an alien
(B) demonstrates compelling cir-
under subsection (b)(1)(A) if the alien has de- only if the Secretary—
cumstances for the inability to satisfy the
parted from the United States for any period (1) determines that the alien ceases to
requirements under subparagraph (C) of such
exceeding 90 days or for any periods, in the meet the requirements under paragraph
paragraph; and
aggregate, exceeding 180 days. (1)(C) of section 3(b), subject to paragraphs
(C) demonstrates that—
(B) EXTENSIONS FOR EXTENUATING CIR- (2) and (3) of that section; and (i) the alien has a disability;
CUMSTANCES.—The Secretary may extend the (2) prior to the termination, provides the (ii) the alien is a full-time caregiver of a
time periods described in subparagraph (A) alien— minor child; or
for an alien who demonstrates that the fail- (A) notice of the proposed termination; and (iii) the removal of the alien from the
ure to timely return to the United States (B) the opportunity for a hearing to pro- United States would result in extreme hard-
was due to extenuating circumstances be- vide evidence that the alien meets such re- ship to the alien or the alien’s spouse, par-
yond the alien’s control, including the seri- quirements or otherwise contest the termi- ent, or child who is a national of the United
ous illness of the alien, or death or serious nation. States or is lawfully admitted for permanent
illness of a parent, grandparent, sibling, or (d) RETURN TO PREVIOUS IMMIGRATION STA- residence.
child of the alien. TUS.— (3) CITIZENSHIP REQUIREMENT.—
(C) TRAVEL AUTHORIZED BY THE SEC- (1) IN GENERAL.—Except as provided in (A) IN GENERAL.—Except as provided in
RETARY.—Any period of travel outside of the paragraph (2), an alien whose permanent subparagraph (B), the conditional basis of an
United States by an alien that was author- resident status on a conditional basis expires alien’s permanent resident status granted
ized by the Secretary may not be counted to- under subsection (a)(1) or is terminated under this Act may not be removed unless
ward any period of departure from the under subsection (c) or whose application for the alien demonstrates that the alien satis-
United States under subparagraph (A). such status is denied shall return to the im- fies the requirements under section 312(a) of
(d) LIMITATION ON REMOVAL OF CERTAIN migration status that the alien had imme- the Immigration and Nationality Act (8
ALIENS.— diately before receiving permanent resident U.S.C. 1423(a)).
(1) IN GENERAL.—The Secretary or the At- status on a conditional basis or applying for (B) EXCEPTION.—Subparagraph (A) shall
torney General may not remove an alien who such status, as appropriate. not apply to an alien who is unable to meet
appears prima facie eligible for relief under (2) SPECIAL RULE FOR TEMPORARY PRO- the requirements under such section 312(a)
this section. TECTED STATUS.—An alien whose permanent due to disability.
(2) ALIENS SUBJECT TO REMOVAL.—The Sec- resident status on a conditional basis expires (4) APPLICATION FEE.—
retary shall provide a reasonable oppor- under subsection (a)(1) or is terminated (A) IN GENERAL.—The Secretary may re-
tunity to apply for relief under this section under subsection (c) or whose application for quire aliens applying for lawful permanent
to any alien who requests such an oppor- such status is denied and who had temporary resident status under this section to pay a
tunity or who appears prima facie eligible protected status under section 244 of the Im- reasonable fee that is commensurate with
for relief under this section if the alien is in migration and Nationality Act (8 U.S.C. the cost of processing the application.
removal proceedings, is the subject of a final 1254a) immediately before receiving or apply- (B) EXEMPTION.—An applicant may be ex-
removal order, or is the subject of a vol- ing for such permanent resident status on a empted from paying the fee required under
untary departure order. conditional basis, as appropriate, may not subparagraph (A) if the alien—
(3) CERTAIN ALIENS ENROLLED IN ELEMEN- return to such temporary protected status (i)(I) is younger than 18 years of age;
TARY OR SECONDARY SCHOOL.— if— (II) received total income, during the 12-
(A) STAY OF REMOVAL.—The Attorney Gen- (A) the relevant designation under section month period immediately preceding the
eral shall stay the removal proceedings of an 244(b) of the Immigration and Nationality date on which the alien files an application
alien who— Act (8 U.S.C. 1254a(b)) has been terminated; under this section, that is less than 150 per-
(i) meets all the requirements under sub- or cent of the poverty line; and
paragraphs (A), (B), and (C) of subsection (B) the Secretary determines that the rea- (III) is in foster care or otherwise lacking
(b)(1), subject to paragraphs (2) and (3) of son for terminating the permanent resident any parental or other familial support;
such subsection; status on a conditional basis renders the (ii) is younger than 18 years of age and is
(ii) is at least 5 years of age; and alien ineligible for such temporary protected homeless;
(iii) is enrolled in an elementary school, a status. (iii)(I) cannot care for himself or herself
secondary school, or an early childhood edu- SEC. 5. REMOVAL OF CONDITIONAL BASIS OF because of a serious, chronic disability; and
cation program. PERMANENT RESIDENT STATUS. (II) received total income, during the 12-
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(B) COMMENCEMENT OF REMOVAL PRO- (a) ELIGIBILITY FOR REMOVAL OF CONDI- month period immediately preceding the
CEEDINGS.—The Secretary may not com- TIONAL BASIS.— date on which the alien files an application
mence removal proceedings for an alien de- (1) IN GENERAL.—Subject to paragraph (2), under this section, that is less than 150 per-
scribed in subparagraph (A). the Secretary shall remove the conditional cent of the poverty line; or
(C) EMPLOYMENT.—An alien whose removal basis of an alien’s permanent resident status (iv)(I) during the 12-month period imme-
is stayed pursuant to subparagraph (A) or granted under this Act and grant the alien diately preceding the date on which the alien
who may not be placed in removal pro- status as an alien lawfully admitted for per- files an application under this section, the
ceedings pursuant to subparagraph (B) shall, manent residence if the alien— alien accumulated $10,000 or more in debt as
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February 4, 2021 CONGRESSIONAL RECORD — SENATE S485
a result of unreimbursed medical expenses (1) employment records that include the (2) is currently enrolled in the institution
incurred by the alien or an immediate family employer’s name and contact information; as a student.
member of the alien; and (2) records from any educational institu- (e) DOCUMENTS ESTABLISHING RECEIPT OF A
(II) received total income, during the 12- tion the alien has attended in the United DEGREE FROM AN INSTITUTION OF HIGHER
month period immediately preceding the States; EDUCATION.—To establish that an alien has
date on which the alien files an application (3) records of service from the Uniformed acquired a degree from an institution of
under this section, that is less than 150 per- Services; higher education in the United States, the
cent of the poverty line. (4) official records from a religious entity alien shall submit to the Secretary a di-
(5) SUBMISSION OF BIOMETRIC AND BIO- confirming the alien’s participation in a reli- ploma or other document from the institu-
GRAPHIC DATA.—The Secretary may not re- gious ceremony; tion stating that the alien has received such
move the conditional basis of an alien’s per- (5) passport entries; a degree.
manent resident status unless the alien sub- (6) a birth certificate for a child who was (f) DOCUMENTS ESTABLISHING RECEIPT OF
HIGH SCHOOL DIPLOMA, GENERAL EDU-
mits biometric and biographic data, in ac- born in the United States;
CATIONAL DEVELOPMENT CERTIFICATE, OR A
cordance with procedures established by the (7) automobile license receipts or registra-
RECOGNIZED EQUIVALENT.—To establish that
Secretary. The Secretary shall provide an al- tion;
an alien has earned a high school diploma or
ternative procedure for applicants who are (8) deeds, mortgages, or rental agreement
a commensurate alternative award from a
unable to provide such biometric data be- contracts; public or private high school, or has obtained
cause of a physical impairment. (9) tax receipts; a general educational development certifi-
(6) BACKGROUND CHECKS.— (10) insurance policies; cate recognized under State law or a high
(A) REQUIREMENT FOR BACKGROUND (11) remittance records; school equivalency diploma in the United
CHECKS.—The Secretary shall utilize biomet- (12) rent receipts or utility bills bearing States, the alien shall submit to the Sec-
ric, biographic, and other data that the Sec- the alien’s name or the name of an imme- retary—
retary determines appropriate— diate family member of the alien, and the (1) a high school diploma, certificate of
(i) to conduct security and law enforce- alien’s address; completion, or other alternate award;
ment background checks of an alien apply- (13) copies of money order receipts for (2) a high school equivalency diploma or
ing for removal of the conditional basis of money sent in or out of the United States; certificate recognized under State law; or
the alien’s permanent resident status; and (14) dated bank transactions; or (3) evidence that the alien passed a State-
(ii) to determine whether there is any (15) 2 or more sworn affidavits from indi- authorized exam, including the general edu-
criminal, national security, or other factor viduals who are not related to the alien who cational development exam, in the United
that would render the alien ineligible for re- have direct knowledge of the alien’s contin- States.
moval of such conditional basis. uous physical presence in the United States, (g) DOCUMENTS ESTABLISHING ENROLLMENT
(B) COMPLETION OF BACKGROUND CHECKS.— that contain— IN AN EDUCATIONAL PROGRAM.—To establish
The security and law enforcement back- (A) the name, address, and telephone num- that an alien is enrolled in any school or
ground checks of an alien required under ber of the affiant; and education program described in section
subparagraph (A) shall be completed, to the (B) the nature and duration of the relation- 3(b)(1)(D)(iii), 3(d)(3)(A)(iii), or 5(a)(1)(C), the
satisfaction of the Secretary, before the date ship between the affiant and the alien. alien shall submit school records from the
on which the Secretary removes the condi- (c) DOCUMENTS ESTABLISHING INITIAL United States school that the alien is cur-
tional basis of the alien’s permanent resident ENTRY INTO THE UNITED STATES.—To estab- rently attending that include—
status. lish under section 3(b)(1)(B) that an alien was (1) the name of the school; and
(b) TREATMENT FOR PURPOSES OF NATU- younger than 18 years of age on the date on (2) the alien’s name, periods of attendance,
RALIZATION.— which the alien initially entered the United and current grade or educational level.
(1) IN GENERAL.—For purposes of title III of States, an alien may submit documents to (h) DOCUMENTS ESTABLISHING EXEMPTION
the Immigration and Nationality Act (8 the Secretary, including— FROM APPLICATION FEES.—To establish that
U.S.C. 1401 et seq.), an alien granted perma- (1) an admission stamp on the alien’s pass- an alien is exempt from an application fee
nent resident status on a conditional basis port; under section 3(b)(5)(B) or 5(a)(4)(B), the
shall be considered to have been admitted to (2) records from any educational institu- alien shall submit to the Secretary the fol-
the United States, and be present in the lowing relevant documents:
tion the alien has attended in the United
United States, as an alien lawfully admitted (1) DOCUMENTS TO ESTABLISH AGE.—To es-
States;
for permanent residence. tablish that an alien meets an age require-
(3) any document from the Department of
(2) LIMITATION ON APPLICATION FOR NATU- ment, the alien shall provide proof of iden-
Justice or the Department of Homeland Se-
RALIZATION.—An alien may not apply for nat-
tity, as described in subsection (a), that es-
curity stating the alien’s date of entry into
uralization while the alien is in permanent tablishes that the alien is younger than 18
the United States;
resident status on a conditional basis. years of age.
(4) hospital or medical records showing
(2) DOCUMENTS TO ESTABLISH INCOME.—To
SEC. 6. DOCUMENTATION REQUIREMENTS. medical treatment or hospitalization, the
establish the alien’s income, the alien shall
(a) DOCUMENTS ESTABLISHING IDENTITY.— name of the medical facility or physician, provide—
An alien’s application for permanent resi- and the date of the treatment or hospitaliza- (A) employment records that have been
dent status on a conditional basis may in- tion; maintained by the Social Security Adminis-
clude, as proof of identity— (5) rent receipts or utility bills bearing the tration, the Internal Revenue Service, or any
(1) a passport or national identity docu- alien’s name or the name of an immediate other Federal, State, or local government
ment from the alien’s country of origin that family member of the alien, and the alien’s agency;
includes the alien’s name and the alien’s address; (B) bank records; or
photograph or fingerprint; (6) employment records that include the (C) at least 2 sworn affidavits from individ-
(2) the alien’s birth certificate and an iden- employer’s name and contact information; uals who are not related to the alien and who
tity card that includes the alien’s name and (7) official records from a religious entity have direct knowledge of the alien’s work
photograph; confirming the alien’s participation in a reli- and income that contain—
(3) a school identification card that in- gious ceremony; (i) the name, address, and telephone num-
cludes the alien’s name and photograph, and (8) a birth certificate for a child who was ber of the affiant; and
school records showing the alien’s name and born in the United States; (ii) the nature and duration of the relation-
that the alien is or was enrolled at the (9) automobile license receipts or registra- ship between the affiant and the alien.
school; tion; (3) DOCUMENTS TO ESTABLISH FOSTER CARE,
(4) a Uniformed Services identification (10) deeds, mortgages, or rental agreement LACK OF FAMILIAL SUPPORT, HOMELESSNESS,
card issued by the Department of Defense; contracts; OR SERIOUS, CHRONIC DISABILITY.—To estab-
(5) any immigration or other document (11) tax receipts; lish that the alien was in foster care, lacks
issued by the United States Government (12) travel records; parental or familial support, is homeless, or
bearing the alien’s name and photograph; or (13) copies of money order receipts sent in has a serious, chronic disability, the alien
(6) a State-issued identification card bear- or out of the country; shall provide at least 2 sworn affidavits from
ing the alien’s name and photograph. (14) dated bank transactions; individuals who are not related to the alien
(b) DOCUMENTS ESTABLISHING CONTINUOUS (15) remittance records; or and who have direct knowledge of the cir-
PHYSICAL PRESENCE IN THE UNITED STATES.— (16) insurance policies. cumstances that contain—
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To establish that an alien has been continu- (d) DOCUMENTS ESTABLISHING ADMISSION TO (A) a statement that the alien is in foster
ously physically present in the United AN INSTITUTION OF HIGHER EDUCATION.—To care, otherwise lacks any parental or other
States, as required under section 3(b)(1)(A), establish that an alien has been admitted to familiar support, is homeless, or has a seri-
or to establish that an alien has not aban- an institution of higher education, the alien ous, chronic disability, as appropriate;
doned residence in the United States, as re- shall submit to the Secretary a document (B) the name, address, and telephone num-
quired under section 5(a)(1)(B), the alien may from the institution of higher education cer- ber of the affiant; and
submit documents to the Secretary, includ- tifying that the alien— (C) the nature and duration of the relation-
ing— (1) has been admitted to the institution; or ship between the affiant and the alien.
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S486 CONGRESSIONAL RECORD — SENATE February 4, 2021
(4) DOCUMENTS TO ESTABLISH UNPAID MED- Act, the Secretary shall publish regulations their academic excellence and provide stu-
ICAL EXPENSE.—To establish that the alien implementing this Act in the Federal Reg- dents with more than just an exceptional
has debt as a result of unreimbursed medical ister. Such regulations shall allow eligible scholastic education;
expenses, the alien shall provide receipts or individuals to immediately apply affirma- Whereas Catholic schools instill a broad,
other documentation from a medical pro- tively for the relief available under section 3 values-added education emphasizing the life-
vider that— without being placed in removal proceedings. long development of moral, intellectual,
(A) bear the provider’s name and address; (b) INTERIM REGULATIONS.—Notwith- physical, and social values in young people
(B) bear the name of the individual receiv- standing section 553 of title 5, United States in the United States;
ing treatment; and Code, the regulations published pursuant to Whereas Catholic schools serve the United
(C) document that the alien has accumu- subsection (a) shall be effective, on an in- States by providing a diverse student popu-
lated $10,000 or more in debt in the past 12 terim basis, immediately upon publication in lation, from all regions of the country and
months as a result of unreimbursed medical the Federal Register, but may be subject to all socioeconomic backgrounds, a strong aca-
expenses incurred by the alien or an imme- change and revision after public notice and demic and moral foundation, and of that stu-
diate family member of the alien. opportunity for a period of public comment. dent population—
(i) DOCUMENTS ESTABLISHING QUALIFICATION (c) FINAL REGULATIONS.—Not later than 180 (1) 22 percent of students are from racial
FOR HARDSHIP EXEMPTION.—To establish that days after the date on which interim regula- minority backgrounds;
an alien satisfies one of the criteria for the tions are published under this section, the
hardship exemption set forth in section Secretary shall publish final regulations im- (2) 18.1 percent of students are of Hispanic
5(a)(2)(C), the alien shall submit to the Sec- plementing this Act. heritage; and
retary at least 2 sworn affidavits from indi- (d) PAPERWORK REDUCTION ACT.—The re- (3) 24.5 percent of students are from non-
viduals who are not related to the alien and quirements under chapter 35 of title 44, Catholic families;
who have direct knowledge of the cir- United States Code (commonly known as the Whereas Catholic schools are an affordable
cumstances that warrant the exemption, ‘‘Paperwork Reduction Act’’), shall not option for parents, particularly in under-
that contain— apply to any action to implement this Act. served urban areas;
(1) the name, address, and telephone num- SEC. 8. CONFIDENTIALITY OF INFORMATION. Whereas Catholic schools produce students
ber of the affiant; and (a) IN GENERAL.—The Secretary may not who are strongly dedicated to their faith,
(2) the nature and duration of the relation- disclose or use information provided in appli- values, families, and communities by pro-
ship between the affiant and the alien. cations filed under this Act or in requests for viding an intellectually stimulating environ-
(j) DOCUMENTS ESTABLISHING SERVICE IN DACA for the purpose of immigration en- ment rich in spiritual, character, and moral
THE UNIFORMED SERVICES.—To establish that forcement. development;
an alien has served in the Uniformed Serv- (b) REFERRALS PROHIBITED.—The Secretary Whereas Catholic schools are committed to
ices for at least 2 years and, if discharged, re- may not refer any individual who has been community service, producing graduates who
ceived an honorable discharge, the alien granted permanent resident status on a con- hold ‘‘helping others’’ as a core value;
shall submit to the Secretary— ditional basis or who was granted DACA to Whereas the total Catholic school student
(1) a Department of Defense form DD–214; U.S. Immigration and Customs Enforcement, enrollment for the 2020–2021 academic year
(2) a National Guard Report of Separation U.S. Customs and Border Protection, or any was almost 1,650,000, and the student-teacher
and Record of Service form 22; designee of either such entity. ratio was 12 to 1;
(3) personnel records for such service from (c) LIMITED EXCEPTION.—Notwithstanding Whereas the graduation rate of students
the appropriate Uniformed Service; or subsections (a) and (b), information provided from Catholic high schools is 99 percent,
(4) health records from the appropriate in an application for permanent resident sta- with 86 percent of graduates attending 4-year
Uniformed Service. tus on a conditional basis or a request for colleges;
(k) DOCUMENTS ESTABLISHING EMPLOY- DACA may be shared with Federal security Whereas, in the 2005 pastoral message enti-
MENT.— and law enforcement agencies— tled ‘‘Renewing Our Commitment to Catho-
(1) IN GENERAL.—An alien may satisfy the (1) for assistance in the consideration of an lic Elementary and Secondary Schools in the
employment requirement under section application for permanent resident status on Third Millennium’’, the United States Con-
5(a)(1)(C)(iii) by submitting records that— a conditional basis; ference of Catholic Bishops stated, ‘‘Catholic
(A) establish compliance with such em- (2) to identify or prevent fraudulent schools are often the Church’s most effective
ployment requirement; and claims; contribution to those families who are poor
(B) have been maintained by the Social Se- (3) for national security purposes; or and disadvantaged, especially in poor inner
curity Administration, the Internal Revenue (4) for the investigation or prosecution of city neighborhoods and rural areas. Catholic
Service, or any other Federal, State, or local any felony not related to immigration sta- schools cultivate healthy interaction among
government agency. tus. the increasingly diverse populations of our
(2) OTHER DOCUMENTS.—An alien who is un- (d) PENALTY.—Any person who knowingly society.... Our Catholic schools have pro-
able to submit the records described in para- uses, publishes, or permits information to be duced countless numbers of well-educated
graph (1) may satisfy the employment re- examined in violation of this section shall be and moral citizens who are leaders in our
quirement by submitting at least 2 types of fined not more than $10,000. civic and ecclesial communities.’’;
reliable documents that provide evidence of SEC. 9. RESTORATION OF STATE OPTION TO DE-
Whereas National Catholic Schools Week
employment, including— TERMINE RESIDENCY FOR PUR- was first established in 1974 and has been
(A) bank records; POSES OF HIGHER EDUCATION BEN- celebrated annually for the past 46 years;
(B) business records; EFITS. Whereas 30 percent of Catholic schools
(C) employer records; (a) IN GENERAL.—Section 505 of the Illegal have waiting lists for admission, and new
(D) records of a labor union, day labor cen- Immigration Reform and Immigrant Respon- schools are opening across the United States;
ter, or organization that assists workers in sibility Act of 1996 (8 U.S.C. 1623) is repealed. and
employment; (b) EFFECTIVE DATE.—The repeal under Whereas the theme for National Catholic
(E) sworn affidavits from individuals who subsection (a) shall take effect as if included Schools Week 2021 of ‘‘Catholic Schools:
are not related to the alien and who have di- in the original enactment of the Illegal Im- Learn. Faith. Excellence. Service.’’ reflects
rect knowledge of the alien’s work, that con- migration Reform and Immigrant Responsi- Catholic schools’ purpose to form students to
tain— bility Act of 1996 (division C of Public Law be good citizens of the world, love God and
(i) the name, address, and telephone num- 104–208; 110 Stat. 3009–546). neighbor, and enrich society with the leaven
ber of the affiant; and of the gospel and by example of faith: Now,
f therefore, be it
(ii) the nature and duration of the relation-
ship between the affiant and the alien; and SUBMITTED RESOLUTIONS Resolved, That the Senate—
(F) remittance records. (1) supports the goals of National Catholic
(l) AUTHORITY TO PROHIBIT USE OF CERTAIN Schools Week, an event—
DOCUMENTS.—If the Secretary determines, (A) cosponsored by the National Catholic
SENATE RESOLUTION 33—SUP-
after publication in the Federal Register and Educational Association and the United
an opportunity for public comment, that any PORTING THE CONTRIBUTIONS
States Conference of Catholic Bishops; and
document or class of documents does not re- OF CATHOLIC SCHOOLS
(B) established to recognize the vital con-
liably establish identity or that permanent Mr. TOOMEY (for himself and Mr. tributions of the thousands of Catholic ele-
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resident status on a conditional basis is CASEY) submitted the following resolu- mentary and secondary schools in the United
being obtained fraudulently to an unaccept- States;
tion; which was referred to the Com-
able degree, the Secretary may prohibit or (2) applauds the National Catholic Edu-
restrict the use of such document or class of mittee on Health, Education, Labor,
cational Association and the United States
documents. and Pensions:
Conference of Catholic Bishops on the selec-
SEC. 7. RULEMAKING. S. RES. 33 tion of a theme that all people can celebrate;
(a) INITIAL PUBLICATION.—Not later than 90 Whereas Catholic schools in the United and
days after the date of the enactment of this States are internationally acclaimed for (3) supports—
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