Congressional Record — Senate, March 4, 2021, Page S1197

Summary

Page S1197 of the Senate section of the Congressional Record for March 4, 2021, listing amendments to the Schumer substitute for H.R. 1319, in interleaved columns. SA 924 from Mr. Toomey and an amendment from Mr. Marshall are ordered to lie on the table, and the text includes a section prohibiting PPP loans for abortion providers and a provision making $100,000,000 available to purchase medical supplies made in the United States. Other amendment text sets an expertise requirement for public health department awards, addresses review of emergency use devices under the Federal Food, Drug, and Cosmetic Act, and refers to a presidential permit for the Keystone pipeline.

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“Congressional Record — Senate, March 4, 2021, Page S1197.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-04-crec-2021-03-04-pt1-pgs1197-6-ee5c25339b/, SHA-256 9ff2547e601ad606d0c9ea4164771faf3c5efcbbbf21599893c399137ca7069e.

Full text

March 4, 2021 CONGRESSIONAL RECORD — SENATE S1197
SA 924. Mr. TOOMEY submitted an 360c(f), or 360e) for such device, unless the to amendment SA 891 proposed by Mr.
amendment intended to be proposed to Secretary (taking into account any applica- SCHUMER to the bill H.R. 1319, to pro-
amendment SA 891 proposed by Mr. ble conditions specified pursuant to sub- vide for reconciliation pursuant to title
section (m)(2) of section 564 of the Federal
SCHUMER to provide for reconciliation II of S. Con. Res. 5; which was ordered
Food, Drug, and Cosmetic Act (21 U.S.C.
pursuant to title II of S. Con. Res. 5; 360bbb–3)) identifies new information not in- to lie on the table; as follows:
which was ordered to lie on the table; At the end of title V, add the following:
cluded in the request for authorization that
SEC. 5007. PROHIBITION ON PPP LOANS FOR
as follows: indicates that the criteria under section ABORTION PROVIDERS.
In section 2301, add at the end the fol- 353(d)(3) of the Public Health Service Act (42 (a) IN GENERAL.—Section 7(a)(36) of the
lowing: U.S.C. 262) are not met. Small Business Act (15 U.S.C. 636(a)(36)) is
‘‘(d) EXPERTISE REQUIREMENT.—Any (c) RULE OF CONSTRUCTION.—Nothing in
amended by adding at the end the following:
amount awarded to a State, local, Tribal, or this section shall be construed as altering
‘‘(T) PROHIBITION ON COVERED LOANS FOR
territorial public health department pursu- the review standards or otherwise affecting
ABORTION PROVIDERS.—
ant to subsection (b)(2) shall be conditioned the requirements under section 505, 510(k),
‘‘(i) IN GENERAL.—Except as provided in
on such public health department agreeing 513(f), or 515 of the Federal Food, Drug, and
clause (ii), no individual or entity that pro-
to make such award funds available— Cosmetic Act (21 U.S.C. 21 U.S.C. 355, 360(k),
vides abortions shall be eligible to receive a
‘‘(1) only to entities with which the public 360c(f), or 360e) or under section 351 of the
covered loan.
health department has an established rela- Public Health Service Act (42 U.S.C. 262) for
‘‘(ii) EXCEPTIONS.—Clause (i) shall not
tionship, and based on demonstrated exper- the clearance or approval of a device, ap-
apply to—
tise of such entities in vaccine distribution proval of a drug, or licensure of a biological
‘‘(I) a hospital, as defined in section 1861(e)
and administration; and product.
of the Social Security Act (42 U.S.C.
‘‘(2) with special consideration given to 1395x(e)); or
SA 927. Mr. MARSHALL submitted
such entities serving medically underserved ‘‘(II) an entity that exclusively provides
areas.’’. an amendment intended to be proposed
abortions described in section 507(a) of the
to amendment SA 891 proposed by Mr. Further Consolidated Appropriations Act,
SA 925. Mr. TOOMEY submitted an SCHUMER to the bill H.R. 1319, to pro- 2020 (Public Law 116–94).’’.
amendment intended to be proposed to vide for reconciliation pursuant to title (b) EFFECTIVE DATE.—The amendment
amendment SA 891 proposed by Mr. II of S. Con. Res. 5; which was ordered made by this section shall be effective as if
SCHUMER to the bill H.R. 1319, to pro- to lie on the table; as follows: included in the enactment of the CARES Act
Strike section 9301 and insert the fol- (Public Law 116–136).
vide for reconciliation pursuant to title (c) INSPECTOR GENERAL REPORT.—Not later
lowing:
II of S. Con. Res 5; which was ordered SEC. 9301. ADDITIONAL FUNDING FOR AGING than 6 months after the date of enactment of
to lie on the table; as follows: AND DISABILITY SERVICES PRO- this Act, the Inspector General of the Small
Strike section 9662. GRAMS. Business Administration shall conduct an in-
Subtitle A of title XX of the Social Secu- vestigation and submit to Congress a report
SA 926. Mr. MARSHALL submitted rity Act (42 U.S.C. 1397-1397h) is amended by on the number of loans made to the Planned
an amendment intended to be proposed adding at the end the following: Parenthood Federation of America pursuant
to amendment SA 891 proposed by Mr. ‘‘SEC. 2010. ADDITIONAL FUNDING FOR AGING to section 7(a)(36) of the Small Business Act
SCHUMER to the bill H.R. 1319, to pro- AND DISABILITY SERVICES PRO- (15 U.S.C. 636(a)(36)) and to other individuals
GRAMS. or entities that provide abortions.
vide for reconciliation pursuant to title ‘‘(a) APPROPRIATION.—In addition to
II of S. Con. Res. 5; which was ordered amounts otherwise available, there is appro- SA 930. Mr. MARSHALL (for himself,
to lie on the table; as follows: priated for fiscal year 2021, out of any money Mr. KENNEDY, Mrs. BLACKBURN, Mr.
At the end of title II, insert the following: in the Treasury not otherwise appropriated, BRAUN, Mr. ROMNEY, Mr. YOUNG, Mr.
Subtitle M—Food and Drug Administration $276,000,000, to remain available until ex- GRASSLEY, and Mr. COTTON) submitted
SEC. 2931. USING EMERGENCY USE AUTHORIZA- pended, to carry out the programs described an amendment intended to be proposed
TION DATA AND REAL WORLD EVI- in subtitle B. by him to the bill H.R. 1319, to provide
DENCE GATHERED DURING AN ‘‘(b) USE OF FUNDS.—Subject to subsection
EMERGENCY TO SUPPORT DRUG, BI- (c), of the amounts made available by sub- for reconciliation pursuant to title II
OLOGICAL PRODUCT, AND PRE- section (a)— of S. Con. Res. 5; which was ordered to
MARKET DEVICE APPLICATIONS. ‘‘(1) $88,000,000 shall be made available to lie on the table; as follows:
(a) IN GENERAL.—Data generated to sup- carry out the programs described in subtitle In section 2003, add at the end the fol-
port an authorization under section 564 of B in fiscal year 2021, of which not less than lowing:
the Federal Food, Drug, and Cosmetic Act an amount equal to $100,0000,000 minus the (8) an institution shall not be eligible to
(21 U.S.C. 360bbb–3) with respect to a drug, amount previously provided in fiscal year receive an allocation under this section un-
biological product, or device, and real world 2021 to carry out section 2042(b) shall be less, not later than 60 days after the date of
evidence relating to such drug, biological made available to carry out such section; enactment of this Act, that institution cer-
product, or device used pursuant to such au- and tifies to the Secretary of Education that the
thorization, may constitute valid scientific ‘‘(2) $188,000,000 shall be made available to institution does not have a partnership in ef-
evidence, and shall be considered for pur- carry out the programs described in subtitle fect with a cultural institute directly or in-
poses of— B in fiscal year 2022, of which not less than directly funded by the Government of the
(1) reviewing submissions pursuant to sec- People’s Republic of China (referred to as a
$100,000,000 shall be for activities described in
tion 505 of the Federal Food, Drug, and Cos- ‘‘Confucius Institute’’).
section 2042(b).
metic Act (21 U.S.C. 355) and section 351 of ‘‘(c) LIMITATION ON USE OF FUNDS.—None of
the Public Health Service Act (42 U.S.C. 262); the amounts made available by subsection
SA 931. Mr. MARSHALL submitted
(2) reviewing submissions pursuant to sec- (a) may be paid, obligated, or otherwise ex- an amendment intended to be proposed
tions 510(k), 513(f), and 515 of the Federal pended to carry out the programs described to amendment SA 891 proposed by Mr.
Food, Drug, and Cosmetic Act (21 U.S.C. 21 in subtitle B in a State that does not have SCHUMER to the bill H.R. 1319, to pro-
U.S.C. 360(k), 360c(f), or 360e); and COVID–19 medical liability protections for vide for reconciliation pursuant to title
(3) otherwise meeting the requirements of any health care provider who works in a long II of S. Con. Res. 5; which was ordered
such Act and such section 351 of the Public term care facility or nursing facility (as such to lie on the table; as follows:
Health Service Act. terms are defined in section 2011).’’. At the end of title VII, add the following:
(b) APPLICABILITY OF CERTAIN CATEGORIZA- Subtitle G—Limitation on Use of Funds
TIONS FOR PREMARKET DEVICE REVIEW.—In SA 928. Mr. MARSHALL submitted
SEC. 7701. RELIEF FUND FOR CERTAIN PIPELINE
the case of a device receiving an authoriza- an amendment intended to be proposed WORKERS.
tion under section 564 of the Federal Food, to amendment SA 891 proposed by Mr. None of the funds provided by this title
Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) SCHUMER to the bill H.R. 1319, to pro- may be expended until a relief fund is estab-
for which the Secretary has determined, in vide for reconciliation pursuant to title lished to compensate individuals who have
accordance with subsection (m) of such sec- lost employment due to the cancellation of
II of S. Con. Res. 5; which was ordered
tion, that a laboratory examination or pro-

SSpencer on DSK126QN23PROD with SENATE
to lie on the table; as follows: the Keystone XL Pipeline pursuant to sec-
cedure associated with such device is deemed tion 6 of Executive Order 13990 (86 Fed. Reg.
to be in the category of examinations and On page 278, line 22, strike the period and 7041 (January 25, 2021)), which revoked the
procedures described in section 353(d)(3) of insert ‘‘, and $100,000,000 shall be available to Presidential Permit of March 29, 2019 (84 Fed.
the Public Health Service Act (42 U.S.C. 262), purchase medical supplies that are made in Reg. 13101 (April 3, 2019)) authorizing Trans-
such determination shall apply with regard the United States.’’. Canada Keystone Pipeline, L.P., to con-
to a submission pursuant to section 510(k), struct, connect, operate, and maintain pipe-
513(f), or 515 of the Federal Food, Drug, and SA 929. Mr. MARSHALL submitted line facilities at the international border of
Cosmetic Act (21 U.S.C. 21 U.S.C. 360(k), an amendment intended to be proposed the United States and Canada.

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