Congressional Record, Senate, March 4, 2021, Page S1196
Summary
A page of the Congressional Record, Senate, dated March 4, 2021, at page S1196, carrying text of amendments to SA 891, the American Rescue Plan substitute to H.R. 1319. The page lists SA 920 and SA 921, submitted by Ms. Ernst, and SA 922 and SA 923, submitted by Mr. Toomey. The amendment texts include limiting increases in the Federal medical assistance percentage where a State's Medicaid payment error rate exceeds 10 percent, higher taxation of Federal payments to perpetrators of sexual assault, termination of the credit for new qualified plug-in electric drive motor vehicles, and a certification requirement tied to Federal Pandemic Unemployment Compensation.
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“Congressional Record, Senate, March 4, 2021, Page S1196.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-04-crec-2021-03-04-pt1-pgs1196-2-a1fa990919/
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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).
SSpencer on DSK126QN23PROD with SENATE
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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