Congressional Record — Senate, S1195 (March 4, 2021)
Summary
This Congressional Record, Senate, March 4, 2021 section lists amendments submitted to SA 891, proposed by Mr. Schumer to H.R. 1319, a bill to provide for reconciliation pursuant to title II of S. Con. Res. 5, each ordered to lie on the table. Submitters named include Mr. Marshall (SA 911, SA 912), Mr. Cornyn for himself and Mr. Scott of South Carolina (SA 915), Ms. Ernst (SA 916, SA 917, SA 918) and Mr. Toomey (SA 922). Printed amendment text includes a section on CFAP payments reinstated, $50,000,000 for rural broadband expansion in school districts, and a provision making the 2017 modifications to the child tax credit permanent.
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“Congressional Record — Senate, S1195 (March 4, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-04-crec-2021-03-04-pt1-pgs1195-9-e11d09925a/
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1195
the Secretary, that may receive, store, proc- mitted an amendment intended to be until expended. Amounts appropriated pursu-
ess, and distribute food items; proposed to amendment SA 891 pro- ant to this section for fiscal year 2021 shall
(3) to make payments to producers of ad- posed by Mr. SCHUMER to the bill H.R. be subject to the requirements contained in
vanced biofuel, biomass-based diesel, cellu- division H of Public Law 116–260 for funds for
1319, to provide for reconciliation pur-
losic biofuel, conventional biofuel, or renew- programs authorized under such section
able fuel (as those terms are defined in sec- suant to title II of S. Con. Res. 5; which 393A.
tion 211(o)(1) of the Clean Air Act (42 U.S.C. was ordered to lie on the table; as fol-
7545(o)(1))) produced in the United States for lows:
unexpected market losses as a result of On page 584, insert the following after line SA 917. Ms. ERNST submitted an
COVID–19; 17: amendment intended to be proposed to
(4) to make grants and loans for small or ‘‘(4) REQUIREMENT TO FUND STATE, TERRI- amendment SA 891 proposed by Mr.
midsized food processors or distributors, sea- TORIAL, AND LOCAL LAW ENFORCEMENT.—Not- SCHUMER to the bill H.R. 1319, to pro-
food processing facilities and processing ves- withstanding any other provision of this vide for reconciliation pursuant to title
sels, farmers markets, producers, or other title, a State or territory shall use not less II of S. Con. Res. 5; which was ordered
organizations to respond to COVID–19, in- than 10 percent of any payment received by to lie on the table; as follows:
cluding for measures to protect workers the State or territory under this section to
against COVID–19; and fund State, territorial, and local law enforce- At the appropriate place, insert the fol-
(5) to make loans and grants and provide ment agencies. lowing:
other assistance to maintain and improve In section 6002(a), strike ‘‘$100,000,000,’’ and
food and agricultural supply chain resil- SA 915. Mr. CORNYN (for himself and all that follows through ‘‘(2) $50,000,000 shall
iency. Mr. SCOTT of South Carolina) sub- be for’’ and insert the following: ‘‘$50,000,000,
SA 911. Mr. MARSHALL submitted mitted an amendment intended to be to remain available until expended, to ad-
an amendment intended to be proposed proposed to amendment SA 891 pro- dress health outcome disparities from pollu-
posed by Mr. SCHUMER to the bill H.R. tion and the COVID–19 pandemic through’’.
to amendment SA 891 proposed by Mr.
SCHUMER to the bill H.R. 1319, to pro- 1319, to provide for reconciliation pur- In section 6002(b), strike ‘‘FUNDS.—’’ and
suant to title II of S. Con. Res. 5; which all that follows through ‘‘(a)(2),’’ and insert
vide for reconciliation pursuant to title the following: ‘‘FUNDS.—Of the funds made
II of S. Con. Res. 5; which was ordered was ordered to lie on the table; as fol-
lows: available pursuant to subsection (a),’’.
to lie on the table; as follows:
At the end of subtitle G of title IX, insert At the end of subtitle D of title VII, add
At the end of section 5001, add the fol- the following:
lowing: the following:
(e) ELIGIBILITY FOR CERTAIN FARMERS AND SEC. 96lll. 2017 MODIFICATIONS TO CHILD TAX SEC. 7405. FUNDING FOR RURAL BROADBAND EX-
RANCHERS.—Section 7(a)(36)(V)(i)(I) of the CREDIT MADE PERMANENT. PANSION.
Small Business Act (15 U.S.C. 636(a)(V)(i)(I)), (a) IN GENERAL.—Section 24(h) of the Inter-
In addition to amounts otherwise avail-
as amended by the Economic Aid to Hard-Hit nal Revenue Code of 1986 is amended—
able, there is appropriated to the Federal
Small Businesses, Nonprofits, and Venues (1) by striking ‘‘and before January 1,
Communications Commission for fiscal year
Act (title III of division N of Public Law 116– 2026,’’ in paragraph (1), and
2021, out of any money in the Treasury not
260), is amended by inserting ‘‘, is a partner- (2) by striking ‘‘2018 THROUGH 2025’’ in the
otherwise appropriated, $50,000,000, to remain
ship, is a single member limited liability heading and inserting ‘‘AFTER 2017’’
available until expended, to be used for rural
company,’’ after ‘‘independent contractor,’’. (b) EFFECTIVE DATE.—The amendments
broadband expansion in school districts that
made by this section shall apply to taxable
SA 912. Mr. MARSHALL submitted offer 100 percent in-person learning by not
years beginning after December 31, 2020.
later than March 1, 2021.
an amendment intended to be proposed SEC. 96lll. PERMANENT EXTENSION OF LIMI-
to amendment SA 891 proposed by Mr. TATION ON DEDUCTION FOR STATE
AND LOCAL, ETC., TAXES. SA 918. Ms. ERNST submitted an
SCHUMER to the bill H.R. 1319, to pro-
(a) IN GENERAL.—Paragraph (6) of section amendment intended to be proposed to
vide for reconciliation pursuant to title
164(b) of the Internal Revenue Code of 1986 is
II of S. Con. Res. 5; which was ordered amendment SA 891 proposed by Mr.
amended—
to lie on the table; as follows: (1) by striking ‘‘, and before January 1, SCHUMER to the bill H.R. 1319, to pro-
At the end of title I, add the following: 2026’’, and vide for reconciliation pursuant to title
Subtitle C—Other Matters (2) by striking ‘‘2018 THROUGH 2025’’ in the II of S. Con. Res. 5; which was ordered
SEC. 1201. CFAP PAYMENTS REINSTATED. heading and inserting ‘‘AFTER 2017’’. to lie on the table; as follows:
Funds appropriated under this title may (b) EFFECTIVE DATE.—The amendments
made by this section shall apply to taxable In section 2201(a), strike ‘‘9858n(4)).’’ and
not be made available for any purpose until insert ‘‘9858n(4)) (except that no individual or
the Secretary of Agriculture reinstates the years beginning after December 31, 2020.
family with an adjusted gross income of
processing and obligating of payments and $1,000,000 or more shall receive child care as-
additional payments under the coronavirus SA 916. Ms. ERNST submitted an
sistance under this subsection).’’.
food assistance program under part 9 of title amendment intended to be proposed to
7, Code of Federal Regulations. amendment SA 891 proposed by Mr.
SCHUMER to the bill H.R. 1319, to pro- SA 919. Ms. ERNST submitted an
SA 913. Mr. MARSHALL submitted vide for reconciliation pursuant to title amendment intended to be proposed to
an amendment intended to be proposed II of S. Con. Res. 5; which was ordered amendment SA 891 proposed by Mr.
to amendment SA 891 proposed by Mr. to lie on the table; as follows: SCHUMER to the bill H.R. 1319, to pro-
SCHUMER to the bill H.R. 1319, to pro- vide for reconciliation pursuant to title
On page 90, strike line 11 and all that fol-
vide for reconciliation pursuant to title lows through line 18 and insert the following: II of S. Con. Res. 5; which was ordered
II of S. Con. Res. 5; which was ordered $375,000,000, to remain available until ex- to lie on the table; as follows:
to lie on the table; as follows: pended, for activities to be conducted acting
On page 578, strike line 22 and all that fol- through the Director of the Centers for Dis- At the end of section 9013, insert the fol-
lows through page 579, line 15, and insert the ease Control and Prevention to combat lowing:
following: SARS–CoV–2, COVID–19, and other emerging (c) PROHIBITING THE PAYMENT OF FEDERAL
‘‘(iii) an amount equal to the remainder of infectious disease threats globally, including PANDEMIC UNEMPLOYMENT COMPENSATION TO
the amount reserved under subparagraph (A) efforts related to global health security, MILLIONAIRES.—
after the application of clauses (i) and (ii) of global disease detection and response, and (1) IN GENERAL.—Section 2104(b) of the
this subparagraph shall be allocated by the global immunization, subject to the require- CARES Act (15 U.S.C. 9023(b)) is amended by
Secretary as an additional amount to each of ments contained in divisions H and M of adding at the end the following new para-
the 50 States and the District of Columbia in Public Law 116–260 for such activities. graph:
an amount which bears the same proportion SEC. 2404. COVID–19 RESPONSE RESOURCES FOR ‘‘(5) PROHIBITION ON COMPENSATION TO MIL-
to such remainder as the population of the RAPE PREVENTION AND EDU- LIONAIRES.—
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State or District of Columbia (as determined CATION. ‘‘(A) IN GENERAL.—Federal Pandemic Un-
based on the most recent data available from To carry out section 393A of the Public employment Compensation shall not be pay-
the Bureau of the Census) bears to the total Health Service Act (42 U.S.C. 280b–1b), in ad- able to any individual whose adjusted gross
population of all 50 States and the District of dition to amounts otherwise made available income is equal to or greater than $1,000,000.
Columbia (as so determined). for such purpose, there is appropriated to the ‘‘(B) COMPLIANCE.—Any application for reg-
Secretary for fiscal year 2021, out of any ular compensation shall include a form or
SA 914. Mr. CORNYN (for himself and money in the Treasury not otherwise appro- procedure for an individual applicant to cer-
Mr. SCOTT of South Carolina) sub- priated, $375,000,0000, to remain available tify that such individual is not prohibited
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S1196 CONGRESSIONAL RECORD — SENATE March 4, 2021
from receiving Federal Pandemic Unemploy- ‘‘(4) OTHER DEFINITIONS.—For purposes of In section 2302, between paragraphs (1) and
ment Compensation pursuant to subpara- this subsection— (2), insert the following:
graph (A). ‘‘(A) FEDERAL EMPLOYEE.—The term ‘Fed- ‘‘(2) to educate and inform elected officials
‘‘(C) AUDITS.—The certifications required eral employee’ has the meaning given the in order to prevent the spread of misinforma-
by subparagraph (B) shall be auditable by term ‘employee’ in section 2105 of title 5, tion regarding the reliability of vaccine li-
the Department of Labor.’’. United States Code, without regard to censure under section 351 of the Public
(2) RULE OF CONSTRUCTION.—Nothing in the whether the employee is exempted from the Health Service Act (42 U.S.C. 262) or author-
amendment made by paragraph (1) may be application of some or all of such title 5. ization under section 564 of the Federal
construed to apply to regular compensation ‘‘(B) FEDERAL CONTRACTOR EMPLOYEE.—The Food, Drug, and Cosmetic Act (21 U.S.C.
or extended compensation (as such terms are term ‘Federal contractor employee’ includes 360bbb–3);’’.
defined by section 205 of the Federal-State any individual receiving monetary com-
Extended Unemployment Compensation Act pensation pursuant to work paid for, in SA 923. Mr. TOOMEY submitted an
(26 U.S.C. 3304 note)) to which an individual whole or in part, by a contract with the Fed- amendment intended to be proposed to
may be otherwise entitled. eral Government. amendment SA 891 proposed by Mr.
(3) EFFECTIVE DATE.—The amendment ‘‘(C) SEXUAL ASSAULT CONVICTION.—The SCHUMER to the bill H.R. 1319, to pro-
made by subsection (a) shall apply to weeks term ‘sexual assault conviction’ means a vide for reconciliation pursuant to title
of unemployment beginning on or after the criminal conviction under Federal law or the II of S. Con. Res. 5; which was ordered
date of the enactment of this Act. law of a State that includes as an element of to lie on the table; as follows:
the underlying offense that the defendant en-
SA 920. Ms. ERNST submitted an Insert after section 9817 the following:
gaged in a nonconsensual sexual act upon an-
SEC. 9817A. LIMITATION ON INCREASES IN THE
amendment intended to be proposed to other person. FEDERAL MEDICAL ASSISTANCE
amendment SA 891 proposed by Mr. ‘‘(D) SUSTAINED COMPLAINT INVOLVING SEX- PERCENTAGE.
SCHUMER to the bill H.R. 1319, to pro- UAL ASSAULT.—The term ‘sustained com- (a) IN GENERAL.—With respect to each of
vide for reconciliation pursuant to title plaint involving sexual assault’ means an ad- fiscal years 2021 through 2030, if the most re-
II of S. Con. Res. 5; which was ordered ministrative or judicial determination that cently determined payment error rate meas-
an employer engaged in an unlawful employ- urement (PERM) for a State Medicaid pro-
to lie on the table; as follows:
ment practice under title VII of the Civil gram for the preceding fiscal year exceeds 10
At the appropriate place, insert the fol- Rights Act of 1964 (42 U.S.C. 2000e et seq.) percent, then, in the case of payments to the
lowing: which included, as part of the course of con- State under a State plan approved under
SEC. lll. TAXATION OF FEDERAL PAYMENTS
duct constituting the unlawful employment title XIX of the Social Security Act (42
TO PERPETRATORS OF SEXUAL AS-
SAULT. practice, that an employee of the employer U.S.C. 1396 et seq.) or a waiver of such plan
(a) IN GENERAL.—Section 1 of the Internal engaged in a nonconsensual sexual act upon for expenditures described in subsection (b)
Revenue Code of 1986 is amended by adding another person.’’. for any quarter of such fiscal year, the Fed-
(b) EFFECTIVE DATE.—The amendment eral medical assistance percentage deter-
at the end the following new subsection:
‘‘(k) INCOME OF PERPETRATORS OF SEXUAL made by this section shall apply to taxable mined for the State and fiscal year under
ASSAULT.— years beginning after December 31, 2020. section 1905(b) of the Social Security Act (42
‘‘(1) IN GENERAL.—In the case of any tax- U.S.C. 1396d(b)) (or, if applicable, under sec-
SA 921. Ms. ERNST submitted an tion 1905(ff) of such Act (42 U.S.C. 1396d(ff))
payer to whom this subsection applies, the
tax imposed by this section shall be equal to
amendment intended to be proposed to shall be substituted for the applicable FMAP
the greater of— amendment SA 891 proposed by Mr. increases described in subsection (c) that
SCHUMER to the bill H.R. 1319, to pro- would apply in the absence of this sub-
‘‘(A) the tax imposed by this section with-
vide for reconciliation pursuant to title section.
out regard to this subsection, or (b) EXPENDITURES DESCRIBED.—The expend-
‘‘(B) the sum of— II of S. Con. Res. 5; which was ordered itures described in this subsection are the
‘‘(i) the tax which would be imposed by to lie on the table; as follows: following:
this section if the taxable income of such At the appropriate place in title IX, insert (1) Amounts expended by the State for
taxpayer for the taxable year were reduced the following: medical assistance for qualifying commu-
by the applicable Federal payments to such SEC. lll. TERMINATION OF CREDIT FOR NEW nity-based mobile crisis intervention serv-
taxpayer, plus QUALIFIED PLUG-IN ELECTRIC ices under section 1947 of the Social Security
‘‘(ii) 100 percent of the applicable Federal DRIVE MOTOR VEHICLES. Act, as added by section 9813.
payments to such taxpayer. (a) IN GENERAL.—Subpart B of part IV of (2) Amount expended by a State that is a
‘‘(2) TAXPAYER TO WHOM THIS SUBSECTION subchapter A of chapter 1 of the Internal qualifying State (as defined in section
APPLIES.—This subsection shall apply to any Revenue Code of 1986 is amended by striking 1905(ii)(3) of the Social Security Act, as
taxpayer for any taxable year if such tax- section 30D (and by striking the item relat- added by section 9814) for all individuals de-
payer is Federal employee or Federal con- ing to such section in the table of sections scribed in section 1902(a)(10)(A)(i)(VIII) of the
tractor employee who is subject to a sus- for such subpart). Social Security Act under the State plan (or
tained complaint involving sexual assault or (b) CONFORMING AMENDMENTS.—
waiver of such plan) under title XIX of such
a sexual assault conviction. (1) Section 38(b) of the Internal Revenue
Act.
‘‘(3) APPLICABLE FEDERAL PAYMENT.—For Code of 1986 is amended by striking para-
(3) Amounts expended by a State that
purposes of this section— graph (30).
meets the HCBS program requirements
‘‘(A) IN GENERAL.—The term ‘applicable (2) Section 1016(a) of such Code is amend- under section 9817(b) for home and commu-
Federal payment’ means— ed— nity-based services (as defined in paragraph
‘‘(i) in the case of a taxpayer who is a Fed- (A) in paragraph (36), by adding ‘‘and’’ at (2)(B) of section 9817(a)) that are provided
eral employee, the amount of wages paid to the end, during the HCBS program improvement pe-
such taxpayer by the Federal government (B) by striking paragraph (37), and riod (as defined in paragraph (2)(A) of section
after the applicable date, and (C) by redesignating paragraph (38) as para- 9817(a)).
‘‘(ii) in the case of a taxpayer who is a Fed- graph (37). (c) APPLICABLE FMAP INCREASES DE-
eral contractor employee, the sum of— (3) Section 6501(m) of such Code is amended SCRIBED.—The applicable FMAP increases de-
‘‘(I) the amount of applicable wages paid to by striking ‘‘30D(e)(4),’’. scribed in this subsection are the following:
such taxpayer after the applicable date by (4) Section 166(b)(5)(A)(ii) of title 23, United (1) The Federal medical assistance percent-
any employer who has a contract with the States Code, is amended by inserting ‘‘, as in age applicable under subsection (c) of section
Federal government, plus effect on the day before the date of the en- 1947 of the Social Security Act, as added by
‘‘(II) any other amount received by such actment of the American Rescue Plan Act of section 9813.
taxpayer after the applicable date from the 2021’’ after ‘‘section 30D(d)(1) of the Internal (2) The increase to the Federal medical as-
Federal government in connection with a Revenue Code of 1986’’. sistance percentage applicable under section
contract with the Federal government. (c) EFFECTIVE DATE.—The amendments 1905(ii) of the Social Security Act, as added
‘‘(B) APPLICABLE DATE.—The term ‘applica- made by this section shall apply to vehicles by section 9814.
ble date’ means— placed in service after the date that is 30 (3) The increase to the Federal medical as-
‘‘(i) in the case of a sexual assault convic- days after the date of the enactment of this sistance percentage applicable under section
Act.
tion, the date that is 30 days after the later 9817(a).
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of the date of the sexual assault conviction SA 922. Mr. TOOMEY submitted an (4) Any Federal medical assistance per-
the date that all applicable appeals of the centage or increase to such percentage appli-
amendment intended to be proposed to
sexual assault conviction have been ex- cable under subsection (y), (z), or (aa) of sec-
hausted, and amendment SA 891 proposed by Mr. tion 1905 of the Social Security Act (42
‘‘(ii) in the case of a sustained complaint SCHUMER to the bill H.R. 1319, to pro- U.S.C. 1396d), section 1915(k) of such Act (42
involving sexual assault, the date that is 30 vide for reconciliation pursuant to title U.S.C. 1396n(k)), or section 6008(a) of the
days after such sustained complaint involv- II of S. Con. Res. 5; which was ordered Families First Coronavirus Response Act
ing sexual assault becomes final. to lie on the table; as follows: (Public Law 116–127).
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