Congressional Record — Senate, March 4, 2021, Page S1213
Summary
This Congressional Record, Senate, March 4, 2021 section carries amendment text and amendments submitted to SA 891, proposed by Mr. Schumer to H.R. 1319. SA 985, by Mr. Risch for himself and Mr. Wicker, would add at the end of section 10003 a requirement that not more than $1,000,000,000 of a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria may be obligated until the Secretary of State certifies that contributions from other donors have surpassed $1,000,000,000. SA 986 and SA 987 are by Mr. Sasse, and SA 990 and SA 991 by Mr. Braun. Amendment text also covers qualified health plans and an advance refund payment determination date.
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“Congressional Record — Senate, March 4, 2021, Page S1213.”
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1213
‘‘(i) IN GENERAL.—In the case of any indi- year for which a credit under subsection (a) health plan as of the first day of such month,
vidual who files, before the additional pay- is determined. twice the dollar amount under subparagraph
ment determination date, a return of tax for ‘‘(i) OUTREACH.—The Secretary shall carry (A)’’, and
such individual’s first taxable year beginning out a robust and comprehensive outreach (B) in paragraph (8)—
in 2020, the Secretary shall make a payment program to ensure that all taxpayers de- (i) in subparagraph (A)(ii), by striking
(in addition to any payment made under scribed in subsection (h)(1) learn of their eli- ‘‘high deductible health plan’’ and inserting
paragraph (1)) to such individual equal to the gibility for the advance refunds and credits ‘‘qualified health plan’’, and
excess (if any) of— under subsection (g); are advised of the op- (ii) in the heading of subparagraph (B), by
‘‘(I) the amount which would be deter- portunity to receive such advance refunds striking ‘‘HIGH DEDUCTIBLE HEALTH PLAN’’
mined under paragraph (1) (after the applica- and credits as provided under subsection and inserting ‘‘QUALIFIED HEALTH PLAN’’,
tion of subparagraph (A)) by applying para- (h)(1); and are provided assistance in apply- (2) in subsection (c)—
graph (1) as of the additional payment deter- ing for such advance refunds and credits.’’. (A) in paragraph (1)(A), by striking ‘‘high
mination date, over deductible health plan’’ each place is appears
‘‘(II) the amount of any payment made SA 985. Mr. RISCH (for himself and and inserting ‘‘qualified health plan’’, and
with respect to such individual under para- Mr. WICKER) submitted an amendment (B) in paragraph (2)—
graph (1). intended to be proposed to amendment (i) in the heading, by striking ‘‘HIGH DE-
‘‘(ii) ADDITIONAL PAYMENT DETERMINATION SA 891 proposed by Mr. SCHUMER to the DUCTIBLE HEALTH PLAN’’ and inserting
DATE.—The term ‘additional payment deter-
bill H.R. 1319, to provide for reconcili- ‘‘QUALIFIED HEALTH PLAN’’,
mination date’ means the earlier of— (ii) by amending subparagraph (A) to read
ation pursuant to title II of S. Con.
‘‘(I) the date which is 90 days after the 2020 as follows:
calendar year filing deadline, or Res. 5; which was ordered to lie on the ‘‘(A) IN GENERAL.—The term ‘qualified
‘‘(II) September 1, 2021. table; as follows: health plan’ means a health plan that pro-
‘‘(iii) 2020 CALENDAR YEAR FILING DEAD- At the end of section 10003, add the fol- vides a level of coverage that is designed to
LINE.—The term ‘2020 calendar year filing lowing: provide benefits that are actuarially equiva-
deadline’ means the date specified in section (c) REQUIREMENT FOR CONTRIBUTION.—Of lent to not greater than 80 percent of the full
6072(a) with respect to returns for calendar funds made available by subsection (a)(2) for actuarial value of the benefits provided
year 2020. Such date shall be determined a contribution to the Global Fund to Fight under the plan.’’,
after taking into account any period dis- AIDS, Tuberculosis and Malaria, not more (iii) by amending subparagraph (C) to read
regarded under section 7508A if such dis- than $1,000,000,000 may be obligated until the as follows:
regard applies to substantially all returns Secretary of State certifies to Congress that ‘‘(C) ABSENCE OF DEDUCTIBLE.—A health
for calendar year 2020 to which section the cumulative contributions from other do- plan shall not fail to be treated as a qualified
6072(a) applies. nors to the Global Fund to Fight AIDS, Tu- health plan by reason of failing to have a de-
‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS berculosis and Malaria’s COVID–19 Response ductible for any care, services, or coverage,
WHO HAVE NOT FILED A RETURN OF TAX FOR 2019 Mechanism have surpassed $1,000,000,000. such as preventive care, primary care, or
OR 2020 AT TIME OF DETERMINATION.—In the prescription drug coverage.’’,
case of any individual who, at the time of SA 986. Mr. SASSE submitted an (iv) by striking ‘‘high deductible’’ in sub-
any determination made pursuant to para- amendment intended to be proposed to paragraph (E) and inserting ‘‘qualified’’,
graph (3), has filed a tax return for neither amendment SA 891 proposed by Mr. (v) by striking subparagraph (D), and
the year described in paragraph (1) nor for SCHUMER to the bill H.R. 1319, to pro- (vi) by redesignating subparagraphs (E) (as
the year described in paragraph (5)(A), the vide for reconciliation pursuant to title so amended) and (F) as subparagraphs (D)
Secretary shall, consistent with rules simi- II of S. Con. Res. 5; which was ordered and (E), respectively.
lar to the rules of section 6428A(f)(5)(H)(i), (3) in subsection (g)(1)—
apply paragraph (1) on the basis of informa-
to lie on the table; as follows: (A) by striking ‘‘Each dollar amount in
On page 33, line 13, strike ‘‘September 30,
tion available to the Secretary and shall, on subsections (b)(2) and (c)(2)(A)’’ and inserting
2023’’ and insert ‘‘June 30, 2022’’.
the basis of such information, determine the ‘‘The dollar amount in subsection (b)(2)(A)’’,
advance refund amount with respect to such SA 987. Mr. SASSE submitted an (B) by amending subparagraph (B) to read
individual without regard to subsection (d) as follows:
unless the Secretary has reason to know that
amendment intended to be proposed to ‘‘(B) the cost-of-living adjustment deter-
such amount would otherwise be reduced by amendment SA 891 proposed by Mr. mined under section 1(f)(3) for the calendar
reason of such subsection. SCHUMER to the bill H.R. 1319, to pro- year in which such taxable year begins, de-
‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL- vide for reconciliation pursuant to title termined by substituting ‘2003’ for ‘2016’ in
ING RETURN.—Solely for purposes of this sub- II of S. Con. Res. 5; which was ordered subparagraph (A)(ii) thereof.’’, and
section, a return of tax shall not be treated to lie on the table; as follows: (C) by striking ‘‘adjusted amounts under
as filed until such return has been processed On page 46, between lines 20 and 21, insert subsections (b)(2) and (c)(2)(A)’’ and inserting
by the Internal Revenue Service. the following: ‘‘adjusted amounts under subsection (b)(2)’’,
‘‘(8) RESTRICTION ON USE OF CERTAIN PRE- (8) an institution shall not be eligible for and
VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay- an allocation under this section if the insti- (4) in subsection (h)(2), by striking ‘‘high
ments made by the Secretary to individuals tution is determined by the Secretary of deductible health plan’’ and inserting ‘‘quali-
under this section shall not be in the form of Education to not be in compliance with the fied health plan’’.
an increase in the balance of any previously requirements under section 117 of the Higher (b) CONFORMING AMENDMENTS.—
issued prepaid debit card if, as of the time of Education Act of 1965 (20 U.S.C. 1011f) in fis- (1) Section 26(b)(2)(S) of the Internal Rev-
the issuance of such card, such card was cal year 2021 or 2022. enue Code of 1986 is amended by striking
issued solely for purposes of making pay- ‘‘high deductible health plan’’ and inserting
ments under section 6428 or 6428A. SA 988. Mr. SASSE submitted an ‘‘qualified health plan’’.
‘‘(h) REGULATIONS.—The Secretary shall amendment intended to be proposed to (2) Section 106(e) of such Code is amended—
prescribe such regulations or other guidance amendment SA 891 proposed by Mr. (A) in the heading of paragraph (3), by
as may be necessary or appropriate to carry SCHUMER to the bill H.R. 1319, to pro- striking ‘‘HIGH DEDUCTIBLE HEALTH PLAN’’
out the purposes of this section, including— and inserting ‘‘QUALIFIED HEALTH PLAN’’, and
‘‘(1) regulations or other guidance pro-
vide for reconciliation pursuant to title (B) in paragraph (5)(B)(ii), by striking
viding taxpayers the opportunity to provide II of S. Con. Res. 5; which was ordered ‘‘high deductible health plan’’ and inserting
the Secretary information sufficient to allow to lie on the table; as follows: ‘‘qualified health plan’’.
the Secretary to make payments to such Strike sections 9661, 9662, and 9663 and in- (3) Section 408(d)(9) of such Code is amend-
taxpayers under subsection (g) (including the sert the following: ed—
determination of the amount of such pay- SEC. 9661. EXPANSION OF HEALTH SAVINGS AC- (A) in subparagraph (C)—
ment) if such information is not otherwise COUNT ELIGIBILITY. (i) in clause (i)(I), by striking ‘‘high de-
available to the Secretary, and (a) IN GENERAL.—Section 223 of the Inter- ductible health plan’’ and inserting ‘‘quali-
‘‘(2) regulations or other guidance to en- nal Revenue Code of 1986 is amended— fied health plan’’, and
sure to the maximum extent administra- (1) in subsection (b)— (ii) in clause (ii)(II), by striking ‘‘high de-
tively practicable that, in determining the (A) in paragraph (2)— ductible health plan’’ each place it appears
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amount of any credit under subsection (a) (i) in subparagraph (A), by striking ‘‘high and inserting ‘‘qualified health plan’’, and
and any credit or refund under subsection deductible health plan as of the first day of (B) in the heading of subparagraph (D), by
(g), an individual is not taken into account such month, $2,250’’ and inserting ‘‘qualified striking ‘‘HIGH DEDUCTIBLE HEALTH PLAN’’
more than once, including by different tax- health plan as of the first day of such month, and inserting ‘‘QUALIFIED HEALTH PLAN’’.
payers and including by reason of a change $5,000’’, and (4) Section 1906A(b)(2)(B) of the Social Se-
in joint return status or dependent status be- (ii) in subparagraph (B), by striking ‘‘high curity Act (42 U.S.C. 1396e-1(b)(2)(B)) is
tween the taxable year for which an advance deductible health plan as of the first day of amended by striking ‘‘high deductible health
refund amount is determined and the taxable such month, $4,500’’ and inserting ‘‘qualified plan’’ and inserting ‘‘qualified health plan’’.
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S1214 CONGRESSIONAL RECORD — SENATE March 4, 2021
(5) Section 1938(a)(3) of the Social Security protection of employees. The onsite visits amendment SA 891 proposed by Mr.
Act (42 U.S.C. 1396u-8(a)(3)) is amended by in- shall not result in enforcement of citations SCHUMER to the bill H.R. 1319, to pro-
serting ‘‘(as in effect on the day before the under the Occupational Safety and Health vide for reconciliation pursuant to title
date of the enactment of the American Res- Act of 1970 (29 U.S.C. 651 et seq.).
(iii) INFORMATION.—Employers who are ap-
II of S. Con. Res. 5; which was ordered
cue Plan Act of 2021)’’ after ‘‘section
223(c)(2)(C) of the Internal Revenue Code of proved by the Secretary of Labor for partici- to lie on the table; as follows:
1986’’. pation in the program shall assure the Sec- At the end of title V, add the following:
(6) Section 2105(c)(10)(B)(ii)(II) of the So- retary of Labor that information about the SEC. 5007. ADDING MOBILE AND TRAVELING
cial Security Act (42 U.S.C. safety and health program shall be made BUSINESSES THAT PROVIDE LIVE
1397ee(c)(10)(B)(ii)(II)) is amended by striking readily available to the Secretary of Labor ENTERTAINMENT THROUGH RECRE-
‘‘high deductible health plan’’ and inserting to share with employees. ATION, SPORTS, OR AMUSEMENT TO
‘‘qualified health plan’’. (iv) REEVALUATIONS.—Periodic reevalua- THE SHUTTERED VENUE OPERATOR
tions by the Secretary of Labor of the em- GRANT PROGRAM.
(7) Section 1101(c)(2)(B)(ii) of the Patient
Protection and Affordable Care Act (42 ployers shall be required for continued par- Section 324 of the Economic Aid to Hard-
U.S.C. 18001(c)(2)(B)(ii)) is amended by strik- ticipation in the program. Hit Small Businesses, Nonprofits, and
ing ‘‘section 223(c)(2)’’ and inserting ‘‘section (C) MONITORING.—To ensure proper con- Venues Act (title III of division N of Public
223(b)(2)’’. trols and measurement of program perform- Law 116–260) is amended—
(c) EFFECTIVE DATE.—The amendments ance for the voluntary protection program (1) in subsection (a)—
made by this section shall apply to taxable under this subsection, the Secretary of (A) in paragraph (1)—
years beginning after December 31, 2020. Labor shall direct the Assistant Secretary of (i) in subparagraph (A)—
Labor for Occupational Safety and Health to (I) in the matter preceding clause (i), by in-
SA 989. Mr. BRAUN submitted an take the following actions: serting ‘‘an entertainment business oper-
amendment intended to be proposed to (i) Develop a documentation policy regard- ator,’’ after ‘‘theatre operator,’’;
amendment SA 891 proposed by Mr. ing information on follow-up actions taken (II) in clause (i)—
SCHUMER to the bill H.R. 1319, to pro- by the regional offices of the Occupational (aa) in the matter preceding subclause (I),
vide for reconciliation pursuant to title Safety and Health Administration in re- by inserting ‘‘the entertainment business op-
sponse to fatalities and serious injuries at erator,’’ after ‘‘theatre operator,’’;
II of S. Con. Res. 5; which was ordered worksites participating in the voluntary pro- (bb) in subclause (I), by inserting ‘‘an en-
to lie on the table; as follows: tection program. tertainment business operator,’’ after ‘‘the-
Strike section 2101(b) and insert the fol- (ii) Establish internal controls that ensure atre operator,’’; and
lowing: consistent compliance by the regional offices (cc) in subclause (II), by inserting ‘‘the en-
(b) ALLOCATION OF AMOUNTS.—Amounts ap- of the Occupational Safety and Health Ad- tertainment business operator,’’ after ‘‘the-
propriated under subsection (a) shall be allo- ministration with the voluntary protection atre operator,’’;
cated as follows: program policies of the Occupational Safety (III) in clause (ii)(III), by inserting ‘‘or en-
(1) Not less than $75,000,000 shall be for the and Health Administration for conducting tertainment business operator’’ after ‘‘oper-
Occupational Safety and Health Administra- onsite reviews and monitoring injury and ill- ator’’;
tion, of which $5,000,000 shall be for Susan ness rates, to ensure that only qualified (IV) in clause (vi)—
Harwood training grants, $5,000,000 shall be worksites participate in the program. (aa) in subclause (I)—
for a voluntary protection program under (iii) Establish a system for monitoring the (AA) in the matter preceding item (aa), by
subsection (c), and not less than $5,000,000 performance of the voluntary protection pro- inserting ‘‘the entertainment business oper-
shall be for enforcement activities relating gram by developing specific performance ator,’’ after ‘‘theatre operator,’’; and
to COVID–19 at high risk workplaces includ- goals and measures for the program. (BB) in item (bb), by inserting ‘‘the enter-
ing healthcare, meat and poultry processing (D) EXEMPTIONS.—A site with respect to tainment business operator,’’ after ‘‘theatre
facilities, agricultural workplaces and cor- which a voluntary protection program has operator,’’;
rectional facilities. been approved shall, during participation in (bb) in subclause (II)—
(2) $12,500,000 shall be for the Office of In- the program, be exempt from inspections or (AA) in the matter preceding item (aa), by
spector General. investigations and certain paperwork re-
(c) VOLUNTARY PROTECTION PROGRAM.— inserting ‘‘the entertainment business oper-
quirements to be determined by the Sec-
(1) COOPERATIVE AGREEMENTS.—By not ator,’’ after ‘‘theatre operator,’’; and
retary of Labor, except that this paragraph
later than 2 years after the date of enact- (BB) by inserting ‘‘entertainment busi-
shall not apply to inspections or investiga-
ment of this Act, the Secretary of Labor nesses,’’ after ‘‘theatres,’’ each place that
tions arising from employee complaints, fa-
shall establish a program of entering into co- term appears;
talities, catastrophes, or significant toxic re-
operative agreements with employers to en- (cc) in subclause (III)—
leases.
courage the establishment of comprehensive (AA) by inserting ‘‘(aa)’’ before ‘‘The live’’;
(E) NO PAYMENTS REQUIRED.—The Sec-
safety and health management systems that and
retary of Labor shall not require any form of
include— (BB) by adding at the end the following:
payment for an employer to qualify or par-
(A) requirements for systematic assess- ticipate in the voluntary protection pro- ‘‘(bb) In the case of an entertainment busi-
ment of hazards; gram. ness operator, the operator has not received,
(B) comprehensive hazard prevention, miti- (3) TRANSITION.—The Secretary of Labor on or after the date of enactment of this
gation, and control programs; shall take such steps as may be necessary for item, a loan guaranteed under paragraph (36)
(C) active and meaningful management the orderly transition from the cooperative or (37) of section 7(a) of the Small Business
and employee participation in the voluntary agreements and voluntary protection pro- Act (15 U.S.C. 636(a)).’’; and
program described in paragraph (2); and grams carried out by the Occupational Safe- (dd) in subclause (IV), by inserting ‘‘the en-
(D) employee safety and health training. ty and Health Administration as of the day tertainment business operator’’ after ‘‘the-
(2) VOLUNTARY PROTECTION PROGRAM.— before the date of enactment of this Act, to atre operator,’’ each place that term ap-
(A) IN GENERAL.—By not later than 2 years the cooperative agreements and voluntary pears; and
after the date of enactment of this Act, the protection program authorized under this (ii) in subparagraph (B), by inserting ‘‘en-
Secretary of Labor shall establish and carry subsection. In making such transition, the tertainment business operator,’’ after ‘‘the-
out a voluntary protection program (con- Secretary shall ensure that— atre operator,’’ each place that term ap-
sistent with paragraph (1)) to encourage ex- (A) the voluntary protection program pears; and
cellence and recognize the achievement of under this subsection is based upon and con- (B) by adding at the end the following:
excellence in both the technical and manage- sistent with the voluntary protection pro- ‘‘(11) ENTERTAINMENT BUSINESS OPERATOR.—
rial protection of employees from occupa- The term ‘entertainment business operator’
grams carried out on the day before the date
tional hazards. means an individual or entity that operates
of enactment of this Act; and
(B) PROGRAM REQUIREMENTS.—The vol- a business that provides live entertainment
(B) each employer that, as of the day be-
untary protection program shall include the through recreation, sports, or amusement,
fore the date of enactment of this Act, had
following: including a mobile entity such as a fair, car-
an active cooperative agreement under the
(i) APPLICATION.—Employers who volunteer nival, or circus.’’.
voluntary protection programs carried out
under the program shall be required to sub- by the Occupational Safety and Health Ad-
mit an application to the Secretary of Labor ministration and was in good standing with SA 991. Mr. BRAUN submitted an
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demonstrating that the worksite with re- respect to the duties and responsibilities amendment intended to be proposed to
spect to which the application is made meets under such agreement, shall have the option amendment SA 891 proposed by Mr.
such requirements as the Secretary of Labor to continue participating in the voluntary SCHUMER to the bill H.R. 1319, to pro-
may require for participation in the pro- protection program authorized under this vide for reconciliation pursuant to title
gram. subsection.
(ii) ONSITE EVALUATIONS.—There shall be
II of S. Con. Res. 5; which was ordered
onsite evaluations by representatives of the SA 990. Mr. BRAUN submitted an to lie on the table; as follows:
Secretary of Labor to ensure a high level of amendment intended to be proposed to At the end of title V, add the following:
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