Congressional Record, Senate, February 12, 2021 — Bills Including S. 308, PPE in America Act
Summary
This Senate page of the Congressional Record (page S707, February 12, 2021) prints additional cosponsor notices and statements on introduced bills. The cosponsor entries cover S. 248 on paid family and medical leave benefits, S. 255 on a $120,000,000,000 fund for food service or drinking establishments, S. 278 on assistance for socially disadvantaged farmers and ranchers, S. Res. 34 on the 200th anniversary of the independence of Greece, and S. Res. 45 celebrating Black History Month. Durbin, for himself and Cassidy, introduces S. 308, with text on domestic end products for personal protective equipment in the stockpile. Peters submits a resolution authorizing expenditures by the Committee on Homeland Security and Governmental Affairs.
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“Congressional Record, Senate, February 12, 2021 — Bills Including S. 308, PPE in America Act.”
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February 12, 2021 CONGRESSIONAL RECORD — SENATE S707
enforce the antitrust laws, and for that the April 21, 2020, Navigable 1303(a)(1) of title 41, United States Code (or
other purposes. Waters Protection Rule should not be any successor regulations)) manufactured by
withdrawn or vacated. an entity or entities that enter into a con-
S. 248
tract with the Secretary to sell such equip-
At the request of Mrs. GILLIBRAND, S. RES. 34 ment to the Secretary for such purpose; and
the name of the Senator from Michigan At the request of Mr. MENENDEZ, the ‘‘(II) that additional amounts made avail-
(Ms. STABENOW) was added as a cospon- names of the Senator from Massachu- able under this section for the purposes de-
sor of S. 248, a bill to provide paid fam- setts (Mr. MARKEY), the Senator from scribed in subclause (I), up to 100 percent of
ily and medical leave benefits to cer- Rhode Island (Mr. REED), the Senator such amounts, are allocated to procurement
from Oregon (Mr. WYDEN), the Senator of domestic end products as described in sub-
tain individuals, and for other pur-
clause (I), provided that, with respect to any
poses. from Pennsylvania (Mr. TOOMEY), the such procurement of domestic end products
S. 255 Senator from Wyoming (Ms. LUMMIS) in excess of the amount required under sub-
At the request of Mr. WICKER, the and the Senator from Florida (Mr. clause (I), domestic supply exists and the
names of the Senator from North Caro- SCOTT) were added as cosponsors of S. costs of procuring equipment that is a do-
lina (Mr. TILLIS), the Senator from Or- Res. 34, a resolution recognizing the mestic end product are not unreasonably
200th anniversary of the independence high compared to other equipment that is
egon (Mr. MERKLEY), the Senator from not a domestic end product.
Arizona (Mr. KELLY), the Senator from of Greece and celebrating democracy in
‘‘(ii) EXCEPTION.—In the event that there is
Nevada (Ms. CORTEZ MASTO) and the Greece and the United States. insufficient domestic end product available
Senator from Illinois (Ms. DUCKWORTH) S. RES. 45 for procurement to meet the needs for cer-
were added as cosponsors of S. 255, a At the request of Mr. BOOKER, the tain covered testing equipment and personal
bill to establish a $120,000,000,000 Res- names of the Senator from Tennessee protective equipment for the stockpile under
taurant Revitalization Fund to provide (Mr. HAGERTY), the Senator from Okla- paragraph (1) while satisfying the require-
ment of clause (i)(I), or that the cost of pro-
structured relief to food service or homa (Mr. LANKFORD), the Senator
curing equipment that is a domestic end
drinking establishments, and for other from Indiana (Mr. BRAUN), the Senator product in quantities required under clause
purposes. from South Carolina (Mr. GRAHAM), the (i)(I) would be unreasonably high compared
S. 278 Senator from Indiana (Mr. YOUNG), the to other equipment that is not a domestic
At the request of Mr. WARNOCK, the Senator from New Mexico (Mr. LUJÁN), end product, clause (i)(I) shall apply with re-
the Senator from Mississippi (Mrs. spect to the applicable equipment only to
names of the Senator from Ohio (Mr. the extent that such equipment that is a do-
BROWN) and the Senator from New HYDE-SMITH) and the Senator from
South Dakota (Mr. ROUNDS) were added mestic end product is available and to the
York (Mrs. GILLIBRAND) were added as extent that the cost is not unreasonable, as
cosponsors of S. 278, a bill to require as cosponsors of S. Res. 45, a resolution applicable.
the Secretary of Agriculture to provide celebrating Black History Month. ‘‘(B) SALE OR TRANSFER OF PPE.—
assistance for socially disadvantaged f ‘‘(i) IN GENERAL.—With respect to any cov-
farmers and ranchers and socially dis- ered testing equipment and personal protec-
STATEMENTS ON INTRODUCED tive equipment in the stockpile under para-
advantaged groups, and for other pur- BILLS AND JOINT RESOLUTION graph (1), the Secretary—
poses. ‘‘(I) shall assess the stock of such equip-
By Mr. DURBIN (for himself and
S.J. RES. 3 ment on a regular basis, and not less fre-
Mr. CASSIDY):
At the request of Mr. CRUZ, the name quently than—
S. 308. A bill to establish a pilot pro- ‘‘(aa) twice per year, other than during pe-
of the Senator from Wyoming (Ms. gram to address shortages of testing
LUMMIS) was added as a cosponsor of riods described in item (bb); or
equipment and personal protective ‘‘(bb) monthly, during any period in which
S.J. Res. 3, a joint resolution proposing equipment through enhanced domestic the Secretary determines it likely that such
an amendment to the Constitution of production, and for other purposes; to equipment will be deployed, such as during a
the United States relative to limiting the Committee on Health, Education, public health emergency;
the number of terms that a Member of Labor, and Pensions. ‘‘(II) shall communicate to manufacturers
Congress may serve. and suppliers of such equipment to the
Mr. DURBIN. Mr. President, I ask
S.J. RES. 4
stockpile under paragraph (1) if an assess-
unanimous consent that the text of the ment under subclause (I) indicates that there
At the request of Mr. RUBIO, the bill be printed in the RECORD. will be an increased need for such equipment;
name of the Senator from Nebraska There being no objection, the text of ‘‘(III) may, at appropriate intervals and
(Mrs. FISCHER) was added as a cospon- the bill was ordered to be printed in with respect to any such equipment in such
sor of S.J. Res. 4, a joint resolution the RECORD, as follows: stockpile—
proposing an amendment to the Con- S. 308 ‘‘(aa) transfer such equipment to other
stitution of the United States to re- agencies or operating divisions within the
Be it enacted by the Senate and House of Rep- Department of Health and Human Services,
quire that the Supreme Court of the resentatives of the United States of America in or to the Department of Defense, the Depart-
United States be composed of not more Congress assembled, ment of Homeland Security, the Department
than 9 justices. SECTION 1. SHORT TITLE. of Veterans Affairs, or any other Federal
S. CON. RES. 3 This Act may be cited as the ‘‘Protecting agency or department, in accordance with
At the request of Mr. MANCHIN, the Providers Everywhere in America Act’’ or the needs of such agencies, divisions, or de-
the ‘‘PPE in America Act’’. partments; or
names of the Senator from Montana
SEC. 2. DOMESTIC PPE PROCUREMENT PILOT ‘‘(bb) sell such equipment to health care fa-
(Mr. TESTER) and the Senator from Illi- PROGRAM. cilities at a competitive price, as determined
nois (Ms. DUCKWORTH) were added as (a) IN GENERAL.—Section 319F–2(a) of the by the Secretary, taking into account the
cosponsors of S. Con. Res. 3, a concur- Public Health Service Act (42 U.S.C. 247d– current market pricing for the applicable
rent resolution authorizing the use of 6b(a)) is amended by adding at the end the equipment and the operational budget for
the rotunda of the Capitol for the lying following: the stockpile; and
in state of the remains of the last ‘‘(6) DOMESTIC PROCUREMENT PILOT PRO- ‘‘(IV) may enter into a contract or cooper-
Medal of Honor recipient of World War GRAM.— ative agreement with an entity that has ex-
II, in order to honor the Greatest Gen- ‘‘(A) IN GENERAL.— pertise in supply chain logistics and manage-
‘‘(i) REQUIREMENT TO PURCHASE DOMESTIC ment to carry out the activities described in
eration and the more than 16,000,000 END PRODUCTS.—For the period of fiscal years this subparagraph.
men and women who served in the 2022 through 2026, subject to clause (ii), the ‘‘(ii) GROUP PURCHASING ORGANIZATIONS AND
Armed Forces of the United States Secretary shall ensure— MEDICAL PRODUCT DISTRIBUTORS.—In making
from 1941 to 1945. ‘‘(I) that not less than 40 percent of sales under clause (i)(II)(bb), the Secretary
S. RES. 17 amounts made available under this section may transact with group purchasing organi-
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At the request of Ms. ERNST, the for purposes of procuring covered testing zations and medical product distributors to
equipment and personal protective equip- facilitate timeliness, logistical assistance,
name of the Senator from South Da-
ment for the stockpile under paragraph (1) and appropriate pricing, and to determine
kota (Mr. THUNE) was added as a co- are allocated to procurement of such equip- appropriate amounts of covered testing
sponsor of S. Res. 17, a resolution ex- ment that is a domestic end product (as de- equipment and personal protective equip-
pressing the sense of the Senate that fined in part 25.003 of the Federal Acquisition ment for applicable health care facilities.
clean water is a national priority and Regulations maintained under section ‘‘(iii) COMPENSATION TO HHS.—
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S708 CONGRESSIONAL RECORD — SENATE February 12, 2021
‘‘(I) TRANSFERS FROM OTHER AGENCIES.—A By Mr. DURBIN (for himself, Mr. sicians from being eligible to receive
Federal agency receiving equipment as de- LEE, and Mr. COONS): loan forgiveness by requiring that bor-
scribed in clause (i)(II)(aa) shall transfer to S. 309. A bill to give Federal courts rowers be classified as employees in
the Secretary such amounts as the Secretary additional discretion to determine order to be eligible for loan forgive-
and head of the applicable agency determine ness.
whether pretrial detention is appro-
to be fair compensation for such equipment. The problem is that under state law
‘‘(II) SALES OF PPE.—There shall be trans-
priate for defendants charged with non-
violent drug offenses in Federal crimi- in California and Texas, doctors are
ferred from the Treasury to the Secretary
each fiscal year, for purposes of procuring nal cases; to the Committee on the Ju- prevented from being directly em-
covered testing equipment and personal pro- diciary. ployed by corporations, including non-
tective equipment for the stockpile under Mr. DURBIN. Mr. President, I ask profit organizations. As a result, physi-
paragraph (1), an amount equal to the sum of unanimous consent that the text of the cians in California and Texas who pro-
the amount received in the previous fiscal bill be printed in the RECORD. vide medical services at nonprofit hos-
year from sales described in clause (i)(II)(bb). There being no objection, the text of pitals do not currently qualify for the
‘‘(C) VENDOR-MANAGED INVENTORY.—For the bill was ordered to be printed in Public Service Loan Forgiveness pro-
purposes of meeting the goals under subpara- the RECORD, as follows: gram.
graph (A), and to promote efficient and pre-
S. 309 To make matters worse, the United
dictable operations of the stockpile while States is facing a shortage of physi-
mitigating the risk of product expiration or Be it enacted by the Senate and House of Rep-
resentatives of the United States of America in cians, especially in California.
shortages, the Secretary may enter into ar- The Council on Graduate Medical
rangements, through a competitive bidding Congress assembled,
SECTION 1. SHORT TITLE. Education recommends 60 to 80 pri-
process, with one or more manufacturers of
This Act may be cited as the ‘‘Smarter mary care physicians per 100,000 people.
domestic end products to establish and uti-
lize revolving stockpiles of covered testing Pretrial Detention for Drug Charges Act of However, statewide in California, the
equipment and personal protective equip- 2021’’. number is already down to just 50 per
ment managed and operated by such manu- SEC. 2. RELEASE CONDITIONS AND DETENTION 100,000 people. And in some places, it is
IN FEDERAL CRIMINAL CASES. even lower: down to 35 primary care
facturer. Under such an arrangement—
‘‘(i) the manufacturer (or a subcontractor Section 3142 of title 18, United States Code, physicians per 100,000 people and 39 per
or agent of the manufacturer)— is amended— 100,000 people in the Inland Empire and
‘‘(I) shall— (1) by striking ‘‘(42 U.S.C. 14135a)’’ each San Joaquin Valley, respectively.
‘‘(aa) produce or procure covered testing place it appears and inserting ‘‘(34 U.S.C. During this difficult and challenging
equipment or personal protective equipment 40702)’’; and
(2) in subsection (e)(3)—
time, it is clear that more medical pro-
for the stockpile under paragraph (1); fessionals are needed. And long after
‘‘(bb) maintain constant supply, posses- (A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B), this pandemic ends, we will still need
sion, and re-stocking capacity of such equip- more doctors to provide high-quality
ment in such quantities as the Secretary re- (C), (D), and (E) as subparagraphs (A), (B),
(C), and (D), respectively. care, in both rural and urban areas.
quires for purposes of the stockpile under
paragraph (1); and
That is why I am pleased to intro-
‘‘(cc) fulfill or support the deployment, dis-
By Mrs. FEINSTEIN (for herself duce the bipartisan ‘‘Stopping Doctor
tribution, or dispensing functions of the and Mr. CORNYN): Shortages Act.’’ This legislation would
stockpile at the State and local levels, con- S. 311. A bill to amend the Higher help attract more doctors to public
sistent with paragraph (3); and Education Act of 1965 to include cer- service and address the looming physi-
‘‘(II) may sell or transfer such equipment tain employment as a health care prac- cian shortage by fixing a loophole that
for the purposes of the manufacturer’s exist- titioner as eligible for public service prevents thousands of doctors from
ing inventory and commercial contracts; and loan forgiveness, and for other pur- participating in the Public Service
‘‘(ii) the Secretary shall— poses; to the Committee on Health, Loan Forgiveness Program.
‘‘(I) compensate the manufacturer for the Education, Labor, and Pensions. According to the California Medical
covered testing equipment or personal pro- Ms. FEINSTEIN. Mr. President, I rise Association, this bill alone could bring
tective equipment; and as many as 10,000 physicians to Cali-
‘‘(II) pay a management fee, as appro-
today to talk about an issue of critical
importance to California: doctor short- fornia over the next ten years.
priate.
ages. Similar legislation, soon to be intro-
‘‘(D) EVALUATION AND REPORT.—
‘‘(i) IN GENERAL.—The Secretary shall— First, I want to express my deepest duced in the House by Representatives
‘‘(I) conduct an evaluation of the program appreciation and gratitude to the en- JOSH HARDER, JAY OBERNOLTE, JOAQUIN
under this paragraph; tire medical community, particularly CASTRO, and VAN TAYLOR, also enjoys
‘‘(II) not later than 2 years after the date the doctors, nurses, and support staff bipartisan support.
of enactment of this paragraph, submit an who have been on the frontlines of the I would like to thank Senator JOHN
interim report to Congress on such program; coronavirus pandemic. Amidst a severe CORNYN for his support on this critical
and issue and for cosponsoring the bill.
shortage of protective equipment, they
‘‘(III) not later than 5 years after the date I ask my colleagues to join us to pass
of enactment of this paragraph, complete nevertheless continue to work around
the ‘‘Stopping Doctor Shortages Act’’
such evaluation and submit to Congress a the clock to save countless lives. I—
in a timely manner as we continue to
final report on the program. and my colleagues—are eternally
find ways to combat the coronavirus
‘‘(ii) CONSIDERATIONS.—The evaluation and grateful.
reports under clause (i) shall consider how I have heard from countless Califor- pandemic and save lives.
the program has impacted the continuity of
Thank you, Mr. President, I yield the
nians who have said the same thing: we
stockpiling and readiness for the stockpile floor.
need more doctors.
under paragraph (1), implications of the pro- That is why Congress established the
gram on the domestic supply chain, cost ef-
By Mr. DURBIN (for himself, Mr.
Public Service Loan Forgiveness Pro- GRASSLEY, Mr. WHITEHOUSE,
fectiveness of the program, and access to
gram in 2007 to encourage doctors to Mr. TILLIS, Mr. COONS, Mr.
covered testing equipment and personal pro-
tective equipment for the Federal agencies pursue careers at public and nonprofit CRAMER, Mr. BOOKER, and Mr.
and health care facilities pursuant to sub- facilities, especially in areas experi- WICKER):
paragraph (B)(i)(II). encing physician shortages. As a re- S. 312. A bill to expand eligibility for
‘‘(E) COVERED TESTING EQUIPMENT AND PER- sult, physicians who provide care in a and provide judicial review for the El-
SONAL PROTECTIVE EQUIPMENT.—For purposes nonprofit or public hospital can have derly Home Detention Pilot Program,
of this paragraph, the term ‘covered testing their student debt forgiven by the Pub- provide for compassionate release
equipment and personal protective equip- lic Service Loan Forgiveness Program based on COVID–19 vulnerability,
ment’ means diagnostic supplies (which may after making 120 qualifying monthly shorten the waiting period for judicial
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include test kits, reagents, and swabs), res-
payments under a qualifying repay- review during the COVID–19 pandemic,
pirators, masks, gloves, eye and face protec-
tion, gowns, and any other appropriate ancil- ment plan. and make other technical corrections;
lary medical equipment or supplies related However, when the Department of to the Committee on the Judiciary.
to testing or personal protection that meet Education issued implementing guid- Mr. DURBIN. Mr. President, I ask
the Secretary’s requirements for inclusion in ance for the program, it unintention- unanimous consent that the text of the
the stockpile under paragraph (1).’’. ally excluded California and Texas phy- bill be printed in the RECORD.
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February 12, 2021 CONGRESSIONAL RECORD — SENATE S709
There being no objection, the text of (i) by inserting ‘‘, on or after the date de- SEC. 2. ONLINE PORTAL FOR SNAP BENEFIT RE-
scribed in subsection (d)’’ after ‘‘upon mo- DEMPTION.
the bill was ordered to be printed in
tion of a defendant’’; and Section 7(h)(14) of the Food and Nutrition
the RECORD, as follows: Act of 2008 (7 U.S.C. 2016(h)(14)) is amended—
(ii) by striking ‘‘after the defendant has
S. 312 fully exhausted all administrative rights to (1) in subparagraph (A), by striking ‘‘Sub-
Be it enacted by the Senate and House of Rep- appeal a failure of the Bureau of Prisons to ject to subparagraph (B), the’’ and inserting
resentatives of the United States of America in bring a motion on the defendant’s behalf or ‘‘The’’; and
Congress assembled, the lapse of 30 days from the receipt of such (2) by striking subparagraph (B) and insert-
a request by the warden of the defendant’s ing the following:
SECTION 1. SHORT TITLE.
facility, whichever is earlier,’’; ‘‘(B) EBT ONLINE REDEMPTION PORTAL.—
This Act may be cited as the ‘‘COVID–19 ‘‘(i) PURPOSE.—The purpose of this sub-
Safer Detention Act of 2021’’. (2) by redesignating subsections (d) and (e)
as subsections (e) and (f), respectively; and paragraph is to expand options for and access
SEC. 2. DEFINITION OF COVERED EMERGENCY
(3) by inserting after subsection (c) the fol- to food for eligible households by making the
PERIOD. online redemption of program benefits, in-
lowing:
Section 12003(a)(2) of the CARES Act (18 ‘‘(d) DATE DESCRIBED.—For purposes of cluding the acceptance of EBT cards, more
U.S.C. 3621 note) is amended— subsection (c)(1)(A), the date described in widely available to grocery stores, small re-
(1) by striking ‘‘ending on the date’’ and this subsection is the earlier of— tailers, and farmers who face barriers in im-
inserting the following: ‘‘ending on the later ‘‘(1) the date on which the defendant fully plementing their own online payment por-
of— exhausts all administrative rights to appeal tals.
‘‘(A) the date’’; a failure of the Bureau of Prisons to bring a ‘‘(ii) CONTRACTS.—Not later than 180 days
(2) in subparagraph (A), as so designated, motion on the defendant’s behalf; or after the date of enactment of the Expanding
by striking the ‘‘and’’ at the end and insert- ‘‘(2) the expiration of the 30-day period be- SNAP Options Act of 2021, the Secretary
ing ‘‘or’’; and ginning on the date on which the defendant shall award on a competitive basis 1 or more
(3) by adding at the end the following: submits a request for a reduction in sentence contracts to 1 or more eligible entities de-
‘‘(B) the date that is 30 days after the date scribed in clause (iii) to develop an online
to the warden of the facility in which the de-
on which the Bureau of Prisons ceases modi- portal, to be known as the ‘EBT Online Re-
fendant is imprisoned, regardless of the sta-
fied operations in response to COVID–19; demption Portal’—
tus of the request.’’.
and’’. ‘‘(I) to allow program participants to use
SEC. 5. TEMPORARY SHORTENING OF ADMINIS-
TRATIVE EXHAUSTION.
online or mobile electronic benefits trans-
SEC. 3. HOME DETENTION FOR CERTAIN ELDER-
LY NONVIOLENT OFFENDERS. actions, including through the acceptance of
Section 12003 of the CARES Act (18 U.S.C.
EBT cards, to purchase program foods from,
Section 231(g) of the Second Chance Act of 3621 note) is amended by adding at the end
and make online payments to, authorized
2007 (34 U.S.C. 60541(g)) is amended— the following:
‘‘(e) COMPASSIONATE RELEASE.—For pur- program retailers under the supplemental
(1) in paragraph (1), by adding at the end nutrition assistance program; and
the following: poses of a motion filed under section
3582(c)(1) of title 18, United States Code, dur- ‘‘(II) to facilitate food purchase delivery
‘‘(D) JUDICIAL REVIEW.— for program participants using the trans-
‘‘(i) IN GENERAL.—Upon motion of a defend- ing the covered emergency period—
actions described in subclause (I).
ant, on or after the date described in clause ‘‘(1) the 30-day waiting period requirement
‘‘(iii) ELIGIBLE ENTITY.—An eligible entity
(ii), a court may reduce an imposed term of in section 3582(d)(2) shall be reduced to not
referred to in clause (ii) is any for-profit or
imprisonment of the defendant and sub- more than 10 days; and
nonprofit entity with demonstrable expertise
stitute a term of supervised release with the ‘‘(2) in the case of a defendant who is, ac-
in the development, operation, or mainte-
condition of home detention for the unserved cording to guidance from the Centers for Dis-
nance of electronic payment systems (in-
portion of the original term of imprison- ease Control and Prevention, considered to
cluding systems with advanced security pro-
ment, after considering the factors set forth be at a higher risk for severe illness from
tocols), which may include expertise in bene-
in section 3553(a) of title 18, United States COVID–19, including because the defendant is
fits management or administration of State
Code, if the court finds the defendant is an 60 years of age or older or has an underlying
systems, as determined by the Secretary.
eligible elderly offender or eligible termi- medical condition, such risk shall be consid-
‘‘(iv) APPLICATION; PORTAL FEATURES.—
nally ill offender. ered to be an extraordinary and compelling
‘‘(I) APPLICATION.—An eligible entity shall
‘‘(ii) DATE DESCRIBED.—The date described reason under subparagraph (A)(i) of such sec-
submit to the Secretary an application at
in this clause is the earlier of— tion 3582(c)(1).
such time, in such manner, and containing
‘‘(I) the date on which the defendant fully ‘‘(f) NONVIOLENT ELDERLY OFFENDERS.—For
the purpose of a motion filed under subpara- such information as the Secretary may re-
exhausts all administrative rights to appeal quire, including—
a failure of the Bureau of Prisons to place graph (D) of section 231(g)(1) of the Second
Chance Act of 2007 (34 U.S.C. 60541(g)(1)), dur- ‘‘(aa) a description of how the eligible enti-
the defendant on home detention; or ty plans to implement the requirements de-
‘‘(II) the expiration of the 30-day period be- ing the covered emergency period, the 30-day
waiting period requirement clause (ii)(II) of scribed in clause (v); and
ginning on the date on which the defendant ‘‘(bb) a beta plan that has been user-tested.
submits to the warden of the facility in such subparagraph (D) shall be reduced to 10
days.’’. ‘‘(II) PORTAL FEATURES.—In awarding a
which the defendant is imprisoned a request contract to an eligible entity under clause
for placement of the defendant on home de- (ii), the Secretary shall give preference to an
tention, regardless of the status of the re- By Mr. DURBIN (for himself, Ms.
eligible entity that demonstrates an ability
quest.’’; and DUCKWORTH, Mr. BOOKER, Ms. to implement the following features of an
(2) in paragraph (5)— SMITH, Ms. BALDWIN, Mr. SAND- EBT Online Redemption Portal:
(A) in subparagraph (A)(ii)— ERS, Mrs. GILLIBRAND, Mrs. ‘‘(aa) Client-facing technology with a pri-
(i) by inserting ‘‘including offenses under SHAHEEN, Ms. ROSEN, Ms. mary preference for mobile device or
the laws of the District of Columbia,’’ after HIRONO, Mr. MERKLEY, and Mr. smartphone application.
‘‘offense or offenses,’’; and HEINRICH): ‘‘(bb) Fail-safe systems to maintain pri-
(ii) by striking ‘‘2/3 of the term of impris- vacy and online security of data.
S. 313. A bill to amend the Food and
onment to which the offender was sen- ‘‘(cc) Ability to redirect a consumer to an
tenced’’ and inserting ‘‘1/2 of the term of im- Nutrition Act of 2008 to expand online
existing online platform of a vendor, if appli-
prisonment reduced by any credit toward the benefit redemption options under the
cable.
service of the offender’s sentence awarded supplemental nutrition assistance pro- ‘‘(dd) Ability to update as technologies
under section 3624(b) of title 18, United gram, and for other purposes; to the evolve.
States Code’’; and Committee on Agriculture, Nutrition, ‘‘(ee) Ease of operation for program par-
(B) in subparagraph (D)(i), by inserting ‘‘, and Forestry. ticipants, including multilingual
including offenses under the laws of the Dis- Mr. DURBIN. Mr. President, I ask functionality.
trict of Columbia,’’ after ‘‘offense or of- unanimous consent that the text of the ‘‘(ff) Interoperability with delivery tech-
fenses,’’. nologies and interfaces.
bill be printed in the RECORD.
SEC. 4. COMPASSIONATE RELEASE TECHNICAL ‘‘(gg) Identification of participating retail-
There being no objection, the text of
CORRECTION. ers within geographic proximity to the user.
the bill was ordered to be printed in
Section 3582 of title 18, United States Code, ‘‘(hh) Ability to perform single trans-
is amended—
the RECORD, as follows: actions using mixed tender, including a sin-
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(1) in subsection (c)(1)— S. 313 gle transaction for eligible food items using
(A) in the matter preceding subparagraph Be it enacted by the Senate and House of Rep- an EBT card and noneligible items using an-
(A), by inserting after ‘‘case’’ the following: resentatives of the United States of America in other form of payment.
‘‘, including, notwithstanding any other pro- Congress assembled, ‘‘(ii) Adherence to a comprehensive busi-
vision of law, any case involving an offense SECTION 1. SHORT TITLE. ness continuity and disaster recovery plan—
committed before November 1, 1987’’; and This Act may be cited as the ‘‘Expanding ‘‘(AA) to allow the portal to recover from
(B) in subparagraph (A)— SNAP Options Act of 2021’’. any interruption of service; and
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S710 CONGRESSIONAL RECORD — SENATE February 12, 2021
‘‘(BB) that includes sufficient back-up sys- (3) by striking paragraph (4) and inserting S. RES. 48
tems, equipment, facilities, and trained per- the following: Resolved,
sonnel to implement the plan. ‘‘(4) TECHNICAL ASSISTANCE.— SECTION 1. GENERAL AUTHORITY.
‘‘(v) REQUIREMENTS.— ‘‘(A) DEFINITIONS.—In this paragraph: In carrying out its powers, duties, and
‘‘(I) IN GENERAL.—The Online EBT Redemp- ‘‘(i) COVERED ENTITY.—The term ‘covered functions under the Standing Rules of the
tion Portal developed by the eligible entity entity’ means a public or private nonprofit Senate, in accordance with its jurisdiction
awarded the contract under clause (ii) entity. under rule XXV of the Standing Rules of the
shall— ‘‘(ii) ELIGIBLE ENTITY.—The term ‘eligible Senate and S. Res. 445 (108th Congress),
‘‘(aa) enable the integrated processing of entity’ means a retail food store or whole- agreed to October 9, 2004, including holding
an online EBT transaction by providing a sale food concern authorized under section 9 hearings, reporting such hearings, and mak-
platform and facilitating the purchasing to accept and redeem benefits under the sup- ing investigations as authorized by para-
interaction between the consumer, retailer, plemental nutrition assistance program. graphs 1 and 8 of rule XXVI of the Standing
third-party processors (for EBT card proc- ‘‘(B) TECHNICAL ASSISTANCE CENTER.—The Rules of the Senate, the Committee on
essing and the secure online entry of a per- Secretary, acting through the Administrator Homeland Security and Governmental Af-
sonal identification number), and delivery of the Food and Nutrition Service, shall, on fairs (in this resolution referred to as the
vendor, as applicable; a competitive basis, award 1 or more grants ‘‘committee’’) is authorized from March 1,
‘‘(bb) to deter fraud, have in place for pro- to, or enter into 1 or more cooperative agree- 2021 through February 28, 2023, in its discre-
gram participants privacy and security pro- ments with, 1 or more covered entities to es- tion, to—
tections, similar to protections provided tablish a technical assistance center, to be (1) make expenditures from the contingent
under existing electronic benefit transfer known as the ‘SNAP Online Purchasing fund of the Senate;
methods, including entry of a personal iden- Technical Assistance Center’, to provide— (2) employ personnel; and
tification number in a manner that complies ‘‘(i) to State agencies, eligible entities, and (3) with the prior consent of the Govern-
with the guidelines of leading national con- program participants information on and ment department or agency concerned and
sensus standards organizations, as deter- technical assistance with, as applicable— the Committee on Rules and Administration,
mined by the Secretary, for encrypting per- ‘‘(I) accepting program benefits through use on a reimbursable or nonreimbursable
sonal identification number entry; online transactions; basis the services of personnel of any such
‘‘(cc) be secure and operate in a manner ‘‘(II) using the EBT Online Redemption department or agency.
that maintains program integrity, including Portal described in subsection (h)(14)(B); SEC. 2. EXPENSES.
food item eligibility; ‘‘(III) in the case of State agencies, con- (a) EXPENSES FOR PERIOD ENDING SEP-
‘‘(dd) be available in an initial or beta ducting outreach to eligible entities to en- TEMBER 30, 2021.—The expenses of the com-
version not later than 120 days after the date sure that those eligible entities are informed mittee for the period March 1, 2021 through
on which the eligible entity is awarded the of the technical assistance provided by the September 30, 2021 under this resolution
contract; center; shall not exceed $6,430,401, of which
‘‘(ee) be ready to be fully deployed in all ‘‘(IV) research, training, and best practices amount—
States not later than 180 days after the date relating to redeeming program benefits (1) not to exceed $75,000 may be expended
described in item (dd); through online transactions; and for the procurement of the services of indi-
‘‘(ff) be available for use by any retail food vidual consultants, or organizations thereof
‘‘(V) facilitating communication between
store or wholesale food concern authorized (as authorized by section 202(i) of the Legis-
eligible entities, applicable State agencies,
under section 9 to accept and redeem bene- lative Reorganization Act of 1946 (2 U.S.C.
and the Department of Agriculture; and
fits under the supplemental nutrition assist- 4301(i))); and
‘‘(ii) to eligible entities direct grants to de-
ance program— (2) not to exceed $20,000 may be expended
fray the technological costs of carrying out
‘‘(AA) at no charge beyond a nominal fee for the training of the professional staff of
the activities described in subclauses (I) and
that is not more than reasonably necessary the committee (under procedures specified
(II) of clause (i).
to support maintenance of the portal and by section 202(j) of that Act).
‘‘(C) QUALIFICATIONS.—At least 1 covered
subject to the approval of the Secretary; and (b) EXPENSES FOR FISCAL YEAR 2022 PE-
entity that receives a grant or enters into a
‘‘(BB) on an application-based and browser- RIOD.—The expenses of the committee for the
based platform for smartphones and a brows- cooperative agreement under subparagraph
period October 1, 2021 through September 30,
er-based online platform for tablets and com- (B) shall have expertise in providing tech- 2022 under this resolution shall not exceed
puters; nical assistance to food retailers operating $11,023,545, of which amount—
‘‘(gg) adhere to commercial standards for under a Federal nutrition program. (1) not to exceed $75,000 may be expended
service level availability to ensure the via- ‘‘(D) TECHNICAL ASSISTANCE PRIORITY.—In for the procurement of the services of indi-
bility of the portal and the use of the portal providing technical assistance to eligible en- vidual consultants, or organizations thereof
by retail food stores and wholesale food con- tities, the SNAP Online Purchasing Tech- (as authorized by section 202(i) of the Legis-
cerns authorized under section 9 to accept nical Assistance Center shall give priority to lative Reorganization Act of 1946 (2 U.S.C.
and redeem benefits under the supplemental eligible entities that are small and limited- 4301(i))); and
nutrition assistance program; and resource retailers. (2) not to exceed $20,000 may be expended
‘‘(hh) perform ongoing maintenance serv- ‘‘(E) FUNDING.—There is appropriated to for the training of the professional staff of
ices and retailer enrollment and termination the Secretary, out of funds of the Treasury the committee (under procedures specified
of enrollment activities to ensure continuous not otherwise appropriated, $75,000,000 to by section 202(j) of that Act).
operability of the portal. carry out this paragraph, to remain avail- (c) EXPENSES FOR PERIOD ENDING FEBRUARY
‘‘(II) EVALUATION OF BETA VERSION.—The able until expended, of which not more than 28, 2023.—The expenses of the committee for
Secretary shall conduct a review of the ini- 3 percent may be used by the Secretary for the period October 1, 2022 through February
tial or beta version of the Online EBT Re- administrative expenses. 28, 2023 under this resolution shall not exceed
demption Portal under subclause (I)(dd), in- ‘‘(5) PUBLICATION OF ONLINE VENDORS.—The $4,593,144, of which amount—
cluding by soliciting feedback from program Secretary shall maintain on the website of (1) not to exceed $75,000 may be expended
participants. the Department of Agriculture a publicly for the procurement of the services of indi-
‘‘(vi) REPORT TO CONGRESS.—Not later than available listing, organized and searchable vidual consultants, or organizations thereof
240 days after the date of enactment of the by region, locality, and State, of all ap- (as authorized by section 202(i) of the Legis-
Expanding SNAP Options Act of 2021, the proved retail food stores accepting benefits lative Reorganization Act of 1946 (2 U.S.C.
Secretary shall submit to Congress a report from recipients of supplemental nutrition as- 4301(i))); and
on the status of activities carried out under sistance, including through online trans- (2) not to exceed $20,000 may be expended
this subparagraph. actions.’’. for the training of the professional staff of
‘‘(vii) AUTHORIZATION OF APPROPRIATIONS.— f the committee (under procedures specified
There is appropriated to the Secretary, out by section 202(j) of that Act).
SUBMITTED RESOLUTIONS SEC. 3. EXPENSES AND AGENCY CONTRIBUTIONS.
of funds of the Treasury not otherwise appro-
priated, $25,000,000 to provide under the con- (a) EXPENSES OF THE COMMITTEE.—
tract described in clause (ii).’’. (1) IN GENERAL.—Except as provided in
SENATE RESOLUTION 48—AUTHOR- paragraph (2), expenses of the committee
SEC. 3. BROAD ACCEPTANCE OF SNAP BENEFITS
THROUGH ONLINE TRANSACTIONS. IZING EXPENDITURES BY THE under this resolution shall be paid from the
Section 7(k) of the Food and Nutrition Act COMMITTEE ON HOMELAND SE- contingent fund of the Senate upon vouchers
of 2008 (7 U.S.C. 2016(k)) is amended— CURITY AND GOVERNMENTAL approved by the chairman of the committee.
dlhill on DSK120RN23PROD with SENATE
(1) by striking ‘‘on-line’’ each place it ap- AFFAIRS (2) VOUCHERS NOT REQUIRED.—Vouchers
pears and inserting ‘‘online’’; shall not be required for—
Mr. PETERS submitted the following
(2) in paragraph (1)— (A) the disbursement of salaries of employ-
(A) by striking ‘‘Subject to paragraph (4), resolution; from the Committee on ees paid at an annual rate;
the’’ and inserting ‘‘The’’; and Homeland Security and Governmental (B) the payment of telecommunications
(B) by inserting ‘‘in any State’’ after Affairs; which was referred to the Com- provided by the Office of the Sergeant at
‘‘stores’’; and mittee on Rules and Administration: Arms and Doorkeeper;
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