Amendments to SA 891 on H.R. 1319 — Congressional Record, Senate, March 5, 2021

Summary

Page S1291 of the Senate section of the Congressional Record for March 5, 2021, listing amendments to the reconciliation bill H.R. 1319 and to the Schumer substitute, in interleaved columns. Mr. Schumer proposes SA 1398, Mr. Moran submits an amendment appropriating $50,000,000 for programs under the Public Health Service Act, and Mr. Toomey and Mr. Daines submit another. Amendment text includes striking $128,554,800,000 and inserting $49,799,388,000 in section 2001(a), a provision capping paid leave at 64 hours per full-time employee, and a section on an Inspector General audit and investigation.

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“Amendments to SA 891 on H.R. 1319 — Congressional Record, Senate, March 5, 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1291-ec9a6901fd/, SHA-256 c025397ad26c7337cb03007cfed0c9dba0d6c7beb6acc78891ef01351e9ae849.

Full text

March 5, 2021 CONGRESSIONAL RECORD — SENATE S1291
BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANT- In section 2001(a), strike ‘‘$128,554,800,000’’ propriated to the Secretary for fiscal year
WELL, Ms. STABENOW, Mr. TESTER, Mr. and insert ‘‘$49,799,388,000’’. 2021, out of any money in the Treasury not
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. otherwise appropriated, $50,000,000, to remain
LEAHY, and Mr. SANDERS) to the bill H.R. SA 1002. Mr. MORAN submitted an available until expended, for carrying out
1319, supra; which was ordered to lie on the amendment intended to be proposed to section 520E and 520E–2 of the Public Health
table.
amendment SA 891 proposed by Mr. Service Act (42 U.S.C. 290bb–36, 290bb–36b).
SA 1398. Mr. SCHUMER proposed an
amendment to amendment SA 891 proposed SCHUMER (for himself, Mr. WYDEN, Mrs.
by Mr. SCHUMER (for himself, Mr. WYDEN, MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Mrs. MURRAY, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, SA 1004. Mr. TOOMEY (for himself
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. and Mr. DAINES) submitted an amend-
TESTER, Mr. MENENDEZ, Mr. SCHATZ, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and ment intended to be proposed to
CARPER, Mr. LEAHY, and Mr. SANDERS) to the Mr. SANDERS) to the bill H.R. 1319, to amendment SA 891 proposed by Mr.
bill H.R. 1319, supra.
provide for reconciliation pursuant to SCHUMER (for himself, Mr. WYDEN, Mrs.
f title II of S. Con. Res. 5; which was or- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
TEXT OF AMENDMENTS dered to lie on the table; as follows: CARDIN, Ms. CANTWELL, Ms. STABENOW,
At the end of section 2001(e)(2), add the fol- Mr. TESTER, Mr. MENENDEZ, Mr.
SA 1001. Mr. MORAN submitted an lowing:
amendment intended to be proposed to SCHATZ, Mr. CARPER, Mr. LEAHY, and
(T) Paying the utility bills of the local
amendment SA 891 proposed by Mr. educational agency. Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SA 1003. Mrs. BLACKBURN sub- title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, mitted an amendment intended to be dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. proposed to amendment SA 891 pro-
Strike section 9661 and insert the fol-
SCHATZ, Mr. CARPER, Mr. LEAHY, and posed by Mr. SCHUMER (for himself, Mr.
lowing:
Mr. SANDERS) to the bill H.R. 1319, to WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
provide for reconciliation pursuant to PETERS, Mr. CARDIN, Ms. CANTWELL, SEC. 9661. IMPROVING AFFORDABILITY BY EX-
title II of S. Con. Res. 5; which was or- PANDING PREMIUM ASSISTANCE
Ms. STABENOW, Mr. TESTER, Mr. FOR CONSUMERS.
dered to lie on the table; as follows: MENENDEZ, Mr. SCHATZ, Mr. CARPER,
At the appropriate place, insert the fol- Mr. LEAHY, and Mr. SANDERS) to the (a) IN GENERAL.—Section 36B(b)(3)(A) of
lowing: bill H.R. 1319, to provide for reconcili- the Internal Revenue Code of 1986 is amended
SEC. lll. FUNDING FOR IDEA. ation pursuant to title II of S. Con. by adding at the end the following new
In addition to amounts otherwise avail- Res. 5; which was ordered to lie on the clause:
able, there is appropriated to the Depart- ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021
table; as follows:
ment of Education for fiscal year 2021, out of AND 2022.—In the case of a taxable year be-
any money in the Treasury not otherwise ap- Strike section 2605 and insert the fol- ginning in 2021 or 2022—
propriated, $78,755,412,000, for grants to lowing: ‘‘(I) clause (ii) shall not apply for purposes
States under part B of the Individuals with SEC. 2605. ADDITIONAL FUNDING FOR YOUTH of adjusting premium percentages under this
Disabilities Education Act (20 U.S.C. 1411 et SUICIDE PREVENTION. subparagraph, and
seq.), to remain available through september In addition to amounts otherwise avail- ‘‘(II) the following table shall be applied in
30, 2023. able, including under this title, there is ap- lieu of the table contained in clause (i):

‘‘In the case of household The initial The final
income (expressed as premium premium
a percent of poverty line) percentage percentage
within the following income tier: is— is—

Up to 150.0 percent ................................................................................................................................................... 0.0 0.0
150.0 percent up to 200.0 percent ............................................................................................................................... 0.0 2.0
200.0 percent up to 250.0 percent ............................................................................................................................... 2.0 4.0
250.0 percent up to 300.0 percent ............................................................................................................................... 4.0 6.0
300.0 percent up to 400.0 percent ............................................................................................................................... 6.0 8.5
400.0 percent up to 750.0 percent ............................................................................................................................... 8.5 8.5’’.

(b) CONFORMING AMENDMENT.—Section ment intended to be proposed to SEC. 9661. IMPROVING AFFORDABILITY BY EX-
36B(c)(1) of the Internal Revenue Code of 1986 PANDING PREMIUM ASSISTANCE
amendment SA 891 proposed by Mr. FOR CONSUMERS.
is amended by adding at the end the fol- SCHUMER (for himself, Mr. WYDEN, Mrs.
lowing new subparagraph: (a) IN GENERAL.—Section 36B(b)(3)(A) of
‘‘(E) TEMPORARY RULE FOR 2021 AND 2022.—
MURRAY, Mr. BROWN, Mr. PETERS, Mr.
the Internal Revenue Code of 1986 is amended
In the case of a taxable year beginning in CARDIN, Ms. CANTWELL, Ms. STABENOW, by adding at the end the following new
2021 or 2022, subparagraph (A) shall be ap- Mr. TESTER, Mr. MENENDEZ, Mr. clause:
plied by substituting ‘750 percent’ for ‘400 SCHATZ, Mr. CARPER, Mr. LEAHY, and ‘‘(iii) TEMPORARY PERCENTAGES FOR 2021.—
percent’.’’. Mr. SANDERS) to the bill H.R. 1319, to In the case of a taxable year beginning in
(c) EFFECTIVE DATE.—The amendments provide for reconciliation pursuant to 2021—
made by this section shall apply to taxable title II of S. Con. Res. 5; which was or- ‘‘(I) clause (ii) shall not apply for purposes
years beginning after December 31, 2020. of adjusting premium percentages under this
dered to lie on the table; as follows:
subparagraph, and
SA 1005. Mr. TOOMEY (for himself Strike section 9661 and insert the fol- ‘‘(II) the following table shall be applied in
and Mr. RUBIO) submitted an amend- lowing: lieu of the table contained in clause (i):

‘‘In the case of household The initial The final
income (expressed as premium premium
a percent of poverty line) percentage percentage
within the following income tier: is— is—

ctelli on DSK11ZRN23PROD with SENATE
200.0 percent up to 250.0 percent ............................................................................................................................... 2.0 4.0

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S1292 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘In the case of household The initial The final
income (expressed as premium premium
a percent of poverty line) percentage percentage
within the following income tier: is— is—

250.0 percent up to 300.0 percent ............................................................................................................................... 4.0 6.0
300.0 percent up to 400.0 percent ............................................................................................................................... 6.0 8.5
400.0 percent and higher ........................................................................................................................................... 8.5 8.5’’.

(b) CONFORMING AMENDMENT.—Section (b) FEDERAL PANDEMIC UNEMPLOYMENT ‘‘(I) The amount of the wages the indi-
36B(c)(1) of the Internal Revenue Code of 1986 COMPENSATION.—Section 2104(b) of the vidual receives from the employer for the
is amended by adding at the end the fol- CARES Act (15 U.S.C. 9023(b)) is amended— week for the reduced hours under the short-
lowing new subparagraph: (1) in paragraph (1), in the matter pre- time compensation plan under the agree-
‘‘(E) TEMPORARY RULE FOR 2021.—In the ceding subparagraph (A), by striking ‘‘Any ment.
case of a taxable year beginning in 2021, sub- agreement’’ and inserting ‘‘Subject to para- ‘‘(II) The amount of the regular compensa-
paragraph (A) shall be applied without re- graph (4), any agreement’’; and tion (including dependents’ allowances) pay-
gard to ‘but does not exceed 400 percent’.’’. (2) by adding at the end the following: able to such individual for the week under
(c) EFFECTIVE DATE.—The amendments ‘‘(4) LIMITATION.—For weeks of unemploy- such short-time compensation plan.
made by this section shall apply to taxable ment ending after March 14, 2021, and ending ‘‘(III) The amount of Federal Pandemic Un-
years beginning after December 31, 2020. on or before August 29, 2021, the sum of the employment Compensation under section
weekly amount described in subparagraphs 2104 payable to such individual for the week
SA 1006. Mr. TOOMEY (for himself, (A) (regular compensation), (B) (Federal pan- under such short-time compensation plan.’’.
Mr. YOUNG, and Mr. BRAUN) submitted demic unemployment compensation), and (C)
(Mixed Earner Unemployment Compensa-
an amendment intended to be proposed tion) of paragraph (1) with respect to an indi- SA 1008. Mr. TOOMEY submitted an
to amendment SA 891 proposed by Mr. vidual may not exceed the amount of the in- amendment intended to be proposed to
SCHUMER (for himself, Mr. WYDEN, Mrs. dividual’s average weekly wages on which amendment SA 891 proposed by Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. the amount described in such subparagraph SCHUMER (for himself, Mr. WYDEN, Mrs.
CARDIN, Ms. CANTWELL, Ms. STABENOW, (A) is based.’’. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Mr. TESTER, Mr. MENENDEZ, Mr. (c) PANDEMIC EMERGENCY UNEMPLOYMENT CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHATZ, Mr. CARPER, Mr. LEAHY, and COMPENSATION.—Section 2107(b)(3) of the Mr. TESTER, Mr. MENENDEZ, Mr.
Mr. SANDERS) to the bill H.R. 1319, to CARES Act (15 U.S.C. 9025(b)(3)) is amended
by adding at the end the following new sen-
SCHATZ, Mr. CARPER, Mr. LEAHY, and
provide for reconciliation pursuant to Mr. SANDERS) to the bill H.R. 1319, to
tence: ‘‘The limitation under section
title II of S. Con. Res. 5; which was or- 2104(b)(4) shall apply for purposes of deter- provide for reconciliation pursuant to
dered to lie on the table; as follows: mining the weekly benefit amount under the title II of S. Con. Res. 5; which was or-
Strike section 9816. preceding sentence.’’. dered to lie on the table; as follows:
(d) SHORT-TIME COMPENSATION.—
In section 2001(a) strike ‘‘$125,804,800,000’’
SA 1007. Mr. TOOMEY submitted an (1) STATES WITH PROGRAMS IN LAW.—Sec-
and insert ‘‘$6,500,000,000’’.
amendment intended to be proposed to tion 2108(a) of the CARES Act (15 U.S.C.
amendment SA 891 proposed by Mr. 9026(a)) is amended by adding at the end the
following new paragraph: SA 1009. Mr. TOOMEY submitted an
SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘(4) TOTAL PAYMENT MAY NOT EXCEED WEEK- amendment intended to be proposed to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. LY WAGES.—
CARDIN, Ms. CANTWELL, Ms. STABENOW, ‘‘(A) IN GENERAL.—For weeks of unemploy-
amendment SA 891 proposed by Mr.
Mr. TESTER, Mr. MENENDEZ, Mr. ment ending after March 14, 2021, and ending SCHUMER (for himself, Mr. WYDEN, Mrs.
SCHATZ, Mr. CARPER, Mr. LEAHY, and on or before August 29, 2021, the sum of the MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Mr. SANDERS) to the bill H.R. 1319, to amounts described in subparagraph (B) with CARDIN, Ms. CANTWELL, Ms. STABENOW,
provide for reconciliation pursuant to respect to an individual for a week may not Mr. TESTER, Mr. MENENDEZ, Mr.
title II of S. Con. Res. 5; which was or- exceed the amount of the individual’s aver- SCHATZ, Mr. CARPER, Mr. LEAHY, and
age weekly wages on which the amount de- Mr. SANDERS) to the bill H.R. 1319, to
dered to lie on the table; as follows: scribed in subparagraph (B)(ii) is based.
At the end of part 1 of subtitle A of title provide for reconciliation pursuant to
‘‘(B) AMOUNTS.—The amounts described in
IX, insert the following: this subparagraph are the following with re- title II of S. Con. Res. 5; which was or-
SEC. ll. CAP ON TEMPORARY INCREASED UN- spect to a week: dered to lie on the table; as follows:
EMPLOYMENT COMPENSATION BEN- ‘‘(i) The amount of the wages the indi- Strike section 4001.
EFITS AT PRIOR WAGES. vidual receives from the employer for the
(a) PANDEMIC UNEMPLOYMENT ASSIST- week for the reduced hours under the short-
ANCE.—Section 2102(d) of the CARES Act (15 time compensation program. SA 1010. Mr. TOOMEY proposed an
U.S.C. 9021(d)) is amended— ‘‘(ii) The amount of the regular compensa- amendment to amendment SA 891 pro-
(1) in paragraph (1), in the matter pre- tion (including dependents’ allowances) pay- posed by Mr. SCHUMER (for himself, Mr.
ceding subparagraph (A), by striking ‘‘The able to such individual for the week under
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
assistance’’ and inserting ‘‘Subject to para- the short-time compensation program.
graph (4), the assistance’’; ‘‘(iii) The amount of Federal Pandemic Un- PETERS, Mr. CARDIN, Ms. CANTWELL,
(2) in paragraph (2), by striking ‘‘In the employment Compensation under section Ms. STABENOW, Mr. TESTER, Mr.
case’’ and inserting ‘‘Subject to paragraph 2104 payable to such individual for the week MENENDEZ, Mr. SCHATZ, Mr. CARPER,
(4), in the case’’; and under the short-time compensation pro- Mr. LEAHY, and Mr. SANDERS) to the
(3) by adding at the end the following new gram.’’. bill H.R. 1319, to provide for reconcili-
paragraph: (2) AGREEMENTS.—Section 2109(b)(2) of the ation pursuant to title II of S. Con.
‘‘(5) LIMITATION.—For weeks of unemploy- CARES Act (15 U.S.C. 9027(b)(2)) is amended
Res. 5; as follows:
ment ending after March 14, 2021, and ending by adding at the end the following new para-
on or before August 29, 2021, the total graph: Strike section 1005.
amount of the weekly assistance applicable ‘‘(C) TOTAL PAYMENT MAY NOT EXCEED
to an individual under paragraph (1) or (2) WEEKLY WAGES.—
(including the increase under section 2104) ‘‘(i) IN GENERAL.—For weeks of unemploy- SA 1011. Mr. TOOMEY submitted an
may not exceed— ment ending after March 14, 2021, and ending amendment intended to be proposed to
‘‘(A) in the case of paragraph (1), the on or before August 29, 202, the sum of the amendment SA 891 proposed by Mr.
amount of the individual’s average weekly amounts described in clause (ii) with respect SCHUMER (for himself, Mr. WYDEN, Mrs.

ctelli on DSK11ZRN23PROD with SENATE
wages on which the individual’s weekly ben- to an individual for a week may not exceed MURRAY, Mr. BROWN, Mr. PETERS, Mr.
efit is based; and the amount of the individual’s average week-
CARDIN, Ms. CANTWELL, Ms. STABENOW,
‘‘(B) in the case of paragraph (2), the ly wages on which the amount described in
amount of the individual’s average weekly clause (ii)(II) is based. Mr. TESTER, Mr. MENENDEZ, Mr.
wages for an appropriate period prior to the ‘‘(ii) AMOUNTS.—The amounts described in SCHATZ, Mr. CARPER, Mr. LEAHY, and
receipt of assistance under such section, as this clause are the following with respect to Mr. SANDERS) to the bill H.R. 1319, to
determined by the Secretary of Labor.’’. a week: provide for reconciliation pursuant to

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1293
title II of S. Con. Res. 5; which was or- amendment SA 891 proposed by Mr. ment under this subsection, the Secretary
dered to lie on the table; as follows: SCHUMER (for himself, Mr. WYDEN, Mrs. shall make the payment required for the
In subsection (a)(2) of section 1005 (relating MURRAY, Mr. BROWN, Mr. PETERS, Mr. State or territory not later than 60 days
to farm loan assistance for socially dis- after the date on which the certification re-
CARDIN, Ms. CANTWELL, Ms. STABENOW,
advantaged farmers and ranchers), in the quired under subsection (d)(1) is provided to
Mr. TESTER, Mr. MENENDEZ, Mr. the Secretary.
matter preceding subparagraph (A), strike
SCHATZ, Mr. CARPER, Mr. LEAHY, and ‘‘(B) TRIBAL GOVERNMENTS.—To the extent
‘‘120 percent’’ and insert ‘‘100 percent’’.
Mr. SANDERS) to the bill H.R. 1319, to practicable, with respect to each Tribal gov-
SA 1012. Mr. TOOMEY submitted an provide for reconciliation pursuant to ernment for which an amount is allocated
amendment intended to be proposed to title II of S. Con. Res. 5; which was or- under this subsection, the Secretary shall
amendment SA 891 proposed by Mr. dered to lie on the table; as follows: make the payment required for the Tribal
SCHUMER (for himself, Mr. WYDEN, Mrs. Strike section 9704. government not later than 60 days after the
date of enactment of this section.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO-
CARDIN, Ms. CANTWELL, Ms. STABENOW, SA 1016. Mr. TILLIS submitted an
LUMBIA.—The Secretary shall pay the
Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to
amount allocated under paragraph (3)(B)(ii)
SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment SA 891 proposed by Mr. to the District of Columbia not later than 15
Mr. SANDERS) to the bill H.R. 1319, to SCHUMER (for himself, Mr. WYDEN, Mrs. days after the date of enactment of this sec-
provide for reconciliation pursuant to MURRAY, Mr. BROWN, Mr. PETERS, Mr. tion.
title II of S. Con. Res. 5; which was or- CARDIN, Ms. CANTWELL, Ms. STABENOW, ‘‘(D) WITHHOLDING OF PAYMENT.—The Sec-
dered to lie on the table; as follows: Mr. TESTER, Mr. MENENDEZ, Mr. retary shall withhold 50 percent of the
In subsection (a)(2) of section 1005 (relating SCHATZ, Mr. CARPER, Mr. LEAHY, and amount otherwise payable to each State
to farm loan assistance for socially dis- Mr. SANDERS) to the bill H.R. 1319, to under this section if, for the most recent
advantaged farmers and ranchers), in the provide for reconciliation pursuant to month for which data is available on the
matter preceding subparagraph (A), strike date of enactment of this section, the na-
title II of S. Con. Res. 5; which was or- tional unemployment rate is less than 7 per-
‘‘indebtedness of each socially disadvantaged dered to lie on the table; as follows:
farmer or rancher as of January 1, 2021,’’ and cent, and shall only pay such withheld
insert ‘‘indebtedness incurred during the pe- Beginning on page 581, strike line 20 and amount to each State if the national unem-
riod beginning on March 13, 2021, and ending all that follows through page 582, line 15, and ployment rate for any month during the pe-
on the date of enactment of this Act of each insert the following: riod beginning on such date and ending on
socially disadvantaged farmer or rancher’’. ‘‘(6) TIMING.— December 31, 2024, is at least 7 percent.
‘‘(A) IN GENERAL.—Subject to subparagraph
SA 1013. Mr. TOOMEY (for himself (D), to the extent practicable, with respect SA 1018. Mr. LANKFORD submitted
and Mrs. FISCHER) submitted an to each State and territory allocated a pay- an amendment intended to be proposed
amendment intended to be proposed to ment under this subsection, the Secretary to amendment SA 891 proposed by Mr.
shall make the payment required for the
amendment SA 891 proposed by Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
State or territory not later than 60 days
SCHUMER (for himself, Mr. WYDEN, Mrs. after the date on which the certification re- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. quired under subsection (d)(1) is provided to CARDIN, Ms. CANTWELL, Ms. STABENOW,
CARDIN, Ms. CANTWELL, Ms. STABENOW, the Secretary. Mr. TESTER, Mr. MENENDEZ, Mr.
Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘(B) TRIBAL GOVERNMENTS.—To the extent SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHATZ, Mr. CARPER, Mr. LEAHY, and practicable, with respect to each Tribal gov- Mr. SANDERS) to the bill H.R. 1319, to
Mr. SANDERS) to the bill H.R. 1319, to ernment for which an amount is allocated provide for reconciliation pursuant to
provide for reconciliation pursuant to under this subsection, the Secretary shall title II of S. Con. Res. 5; which was or-
title II of S. Con. Res. 5; which was or- make the payment required for the Tribal
dered to lie on the table; as follows:
dered to lie on the table; as follows: government not later than 60 days after the
date of enactment of this section. At the end of subtitle M of title IX, insert
On page 346, between lines 16 and 17, insert the following:
‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO-
the following: SEC. 9902. LIMITATION ON OUTLAYS.
LUMBIA.—The Secretary shall pay the
‘‘(3) ELIMINATION OF CREDIT FOR INDIVID- Title VI of the Social Security Act (42
amount allocated under paragraph (3)(B)(ii)
UALS WITH NO REDUCTION IN INCOME.— U.S.C. 801 et seq.), as amended by this title,
to the District of Columbia not later than 15
‘‘(A) IN GENERAL.—In the case of any tax- is further amended by adding at the end the
days after the date of enactment of this sec-
payer whose adjusted gross income for the following:
first taxable year beginning in 2020 is equal tion.
‘‘(D) WITHHOLDING OF PAYMENT.—In the ‘‘SEC. 605. LIMITATION ON OUTLAYS.
to or greater than such taxpayer’s adjusted
case of a State, the Secretary shall withhold ‘‘If the Secretary, acting on the basis of
gross income for the first taxable year begin-
50 percent of the amount otherwise payable issued court opinions, determines that a
ning in 2019, the amount of the credit al-
to the State under this section if, for the State (including the District of Columbia) or
lowed by subsection (a) shall be reduced to
most recent month for which data is avail- other government imposes limits on the con-
zero.
able on the date of enactment of this section, tent of speech, or the religious exercise or
‘‘(B) REGULATIONS.—The Secretary shall
the unemployment rate for the State is less belief, of houses of worship and faith-based
issue such regulations or other guidance as
than 7 percent, and shall only pay such with- organizations that are more restrictive than
the Secretary determines necessary or ap-
held amount to such State if the unemploy- the corresponding limits for secular organi-
propriate to carry out the purposes of sub-
ment rate for the State for any month dur- zations, and the Secretary makes a payment
paragraph (A), including regulations or other
ing the period beginning on such date and to that government under section 602, 603, or
guidance which provides for the application
ending on December 31, 2024, is at least 7 per- 604, the Secretary shall make that payment
of such subparagraph where the filing status
cent. at one-half the usual outlay rate.’’.
of the taxpayer for the first taxable year be-
ginning in 2019 is different from the status of
SA 1017. Mr. TILLIS submitted an SA 1019. Mr. LANKFORD submitted
such taxpayer for the first taxable year be-
ginning in 2020.’’. amendment intended to be proposed to an amendment intended to be proposed
amendment SA 891 proposed by Mr. to amendment SA 891 proposed by Mr.
SA 1014. Mr. PAUL proposed an SCHUMER (for himself, Mr. WYDEN, Mrs. SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment to amendment SA 891 pro- MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
posed by Mr. SCHUMER (for himself, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW,
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
PETERS, Mr. CARDIN, Ms. CANTWELL, SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and
Ms. STABENOW, Mr. TESTER, Mr. Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to
MENENDEZ, Mr. SCHATZ, Mr. CARPER, provide for reconciliation pursuant to provide for reconciliation pursuant to
Mr. LEAHY, and Mr. SANDERS) to the title II of S. Con. Res. 5; which was or- title II of S. Con. Res. 5; which was or-
bill H.R. 1319, to provide for reconcili- dered to lie on the table; as follows: dered to lie on the table; as follows:

ctelli on DSK11ZRN23PROD with SENATE
ation pursuant to title II of S. Con. Beginning on page 581, strike line 20 and At the appropriate place in title V, insert
Res. 5; which was ordered to lie on the all that follows through page 582, line 15, and the following:
table; as follows: insert the following: SEC. ll. PAYCHECK PROTECTION PROGRAM
Strike section 5001. ‘‘(6) TIMING.— FOR FAITH-BASED ORGANIZATIONS.
‘‘(A) IN GENERAL.—Subject to subparagraph (a) ELIGIBILITY.—For purposes of deter-
SA 1015. Mr. PAUL submitted an (D), to the extent practicable, with respect mining the eligibility of a faith-based orga-
amendment intended to be proposed to to each State and territory allocated a pay- nization (including a house of worship) for

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S1294 CONGRESSIONAL RECORD — SENATE March 5, 2021
assistance under the paycheck protection Mr. SANDERS) to the bill H.R. 1319, to tor of the Centers for Disease Control and
program in section 7(a)(36) of the Small Busi- provide for reconciliation pursuant to Prevention shall publish the technical in-
ness Act (15 U.S.C. 636(a)(36)), the Adminis- title II of S. Con. Res. 5; which was or- structions or orders issued under subsection
trator of the Small Business Administration (b). The Director may update or modify such
dered to lie on the table; as follows:
shall apply section 121.103 of title 13, Code of technical instructions or orders as necessary
Federal Regulations and related provisions Beginning on page 578, strike line 22 and based on specific public health or other con-
of part 121 of that title, as in effect on the all that follows through page 579, line 15, and
siderations.
date of enactment of this section. insert the following:
(b) FREE EXERCISE OF RELIGION.—In car- ‘‘(iii) an amount equal to the remainder of SA 1025. Mr. SULLIVAN submitted
rying out the paycheck protection program, the amount reserved under subparagraph (A)
after the application of clauses (i) and (ii) of
an amendment intended to be proposed
the Administrator of the Small Business Ad- to amendment SA 891 proposed by Mr.
ministration may not require that receipt of this subparagraph shall be allocated by the
funding under section 5001(d)(2) or section Secretary as an additional amount to each of SCHUMER (for himself, Mr. WYDEN, Mrs.
7(a)(36) of the Small Business Act (15 U.S.C. the 50 States and the District of Columbia in MURRAY, Mr. BROWN, Mr. PETERS, Mr.
636(a)(36))— an amount which bears the same proportion CARDIN, Ms. CANTWELL, Ms. STABENOW,
(1) limits the authority of a faith-based or- to such remainder as the relative loss in tax Mr. TESTER, Mr. MENENDEZ, Mr.
ganization to define the standards, respon- revenue of the State or District of Columbia SCHATZ, Mr. CARPER, Mr. LEAHY, and
sibilities, and duties for membership in the during the 12-month period ending on Feb- Mr. SANDERS) to the bill H.R. 1319, to
organization; ruary 28, 2021 (as determined by the Sec-
retary based on the most recent available
provide for reconciliation pursuant to
(2) limits the freedom of a faith-based or- title II of S. Con. Res. 5; which was or-
ganization to select individuals to perform data from the Department of the Treasury)
work connected to the organization’s free ex- bears to the sum of the relative losses in tax dered to lie on the table; as follows:
ercise of religion; or revenue for all 50 States and the District of Beginning on page 227, strike line 15 and
(3) constitutes a waiver of any right under Columbia during such period (as so deter- all that follows through page 228, line 2, and
Federal law, including rights to religious au- mined). insert the following:
tonomy and religious exercise, under the Re- (a) IN GENERAL.—In addition to amounts
ligious Freedom Restoration Act of 1993 (42 SA 1023. Mr. SULLIVAN submitted otherwise available, there is appropriated to
U.S.C. 2000bb et seq.), section 702 of the Civil an amendment intended to be proposed the Environmental Protection Agency for
Rights Act of 1964 (42 U.S.C. 2000e–1(a)), or to amendment SA 891 proposed by Mr. fiscal year 2021, out of any money in the
the First Amendment to the Constitution of SCHUMER (for himself, Mr. WYDEN, Mrs. Treasury not otherwise appropriated,
the United States. MURRAY, Mr. BROWN, Mr. PETERS, Mr. $99,500,000, to remain available until ex-
CARDIN, Ms. CANTWELL, Ms. STABENOW, pended, to address health outcome dispari-
SA 1020. Mr. LANKFORD submitted ties from pollution and the COVID–19 pan-
Mr. TESTER, Mr. MENENDEZ, Mr.
an amendment intended to be proposed demic, of which—
SCHATZ, Mr. CARPER, Mr. LEAHY, and (1) $49,500,000, shall be for grants, con-
to amendment SA 891 proposed by Mr. Mr. SANDERS) to the bill H.R. 1319, to tracts, and other agency activities that iden-
SCHUMER (for himself, Mr. WYDEN, Mrs. provide for reconciliation pursuant to tify and address disproportionate environ-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. title II of S. Con. Res. 5; which was or- mental or public health harms and risks in
CARDIN, Ms. CANTWELL, Ms. STABENOW, dered to lie on the table; as follows: minority populations, low-income popu-
Mr. TESTER, Mr. MENENDEZ, Mr. On page 578, line 12, strike ‘‘$25,500,000,000’’ lations, and rural populations under—
SCHATZ, Mr. CARPER, Mr. LEAHY, and and insert ‘‘$63,750,000,000’’.
Mr. SANDERS) to the bill H.R. 1319, to SA 1026. Mr. RUBIO (for himself, Mr.
provide for reconciliation pursuant to SA 1024. Mr. SULLIVAN submitted SCOTT, of South Carolina, Mr.
title II of S. Con. Res. 5; which was or- an amendment intended to be proposed HAGERTY, Ms. ERNST, Mr. TILLIS, Mr.
dered to lie on the table; as follows: to amendment SA 891 proposed by Mr. DAINES, Mr. CRAMER, Mr. BLUNT, Mrs.
Strike section 2605 (relating to family SCHUMER (for himself, Mr. WYDEN, Mrs. BLACKBURN, and Mr. KENNEDY) pro-
planning). MURRAY, Mr. BROWN, Mr. PETERS, Mr. posed an amendment to amendment SA
CARDIN, Ms. CANTWELL, Ms. STABENOW, 891 proposed by Mr. SCHUMER (for him-
SA 1021. Mr. SULLIVAN submitted Mr. TESTER, Mr. MENENDEZ, Mr. self, Mr. WYDEN, Mrs. MURRAY, Mr.
an amendment intended to be proposed SCHATZ, Mr. CARPER, Mr. LEAHY, and BROWN, Mr. PETERS, Mr. CARDIN, Ms.
to amendment SA 891 proposed by Mr. Mr. SANDERS) to the bill H.R. 1319, to CANTWELL, Ms. STABENOW, Mr. TESTER,
SCHUMER (for himself, Mr. WYDEN, Mrs. provide for reconciliation pursuant to Mr. MENENDEZ, Mr. SCHATZ, Mr. CAR-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. title II of S. Con. Res. 5; which was or- PER, Mr. LEAHY, and Mr. SANDERS) to
CARDIN, Ms. CANTWELL, Ms. STABENOW, dered to lie on the table; as follows: the bill H.R. 1319, to provide for rec-
Mr. TESTER, Mr. MENENDEZ, Mr. At the end of subtitle G of title II, add the onciliation pursuant to title II of S.
SCHATZ, Mr. CARPER, Mr. LEAHY, and following: Con. Res. 5; as follows:
Mr. SANDERS) to the bill H.R. 1319, to SEC. 2606. FUNDING FOR COVID–19 MITIGATION
Strike section 2001 and insert the fol-
provide for reconciliation pursuant to INSTRUCTIONS FOR CRUISE SHIPS.
(a) IN GENERAL.—Notwithstanding section lowing:
title II of S. Con. Res. 5; which was or- SEC. 2001.ELEMENTARY AND SECONDARY
2403, of the amounts appropriated under that
dered to lie on the table; as follows: section, $1,000,000 shall be made available to SCHOOL EMERGENCY RELIEF FUND.
In subsection (b) of section 6002 (relating to the Secretary to develop and provide instruc- (a) IN GENERAL.—In addition to amounts
funding for pollution and disparate impacts tions for activities to detect, diagnose, trace, otherwise available, there is appropriated to
of the COVID–19 pandemic), strike paragraph monitor, and report on SARS–CoV–2 and the Department of Education for fiscal year
(1) and insert the following: COVID–19 infections, and related strategies 2021, out of any money in the Treasury not
(1) Of the funds made available pursuant to to mitigate the spread of SARS–CoV–2, otherwise appropriated, $125,804,800,000, to re-
subsection (a)(1), the Administrator of the aboard cruise ships. main available through September 30, 2023,
Environmental Protection Agency shall re- (b) USE OF FUNDS.—From amounts made to carry out this section.
serve— available under subsection (a), the Sec- (b) GRANTS.—From funds provided under
(A) 33 percent for grants, contracts, and retary, through the Director of the Centers subsection (a), the Secretary shall make
other agency activities that identify and ad- for Disease Control and Prevention, shall grants to each State educational agency in
dress disproportionate environmental or pub- issue all technical instructions or orders for accordance with this section.
lic health harms and risks in rural popu- cruise ships covered by the order entitled (c) ALLOCATION TO STATES.—The amount of
lations; and ‘‘No Sail Order and Suspension of Further each grant under subsection (b) shall be allo-
(B) 2 percent for administrative costs nec- Embarkation’’ issued by the Director effec- cated by the Secretary to each State in the
essary to carry out activities funded pursu- tive on March 14, 2020 (85 Fed. Reg. 16628), or same proportion as each State received
ant to such subsection. any modification to or extension of such under part A of title I of the Elementary and
order, to resume operating in waters of the Secondary Education Act of 1965 in the most
SA 1022. Mr. SULLIVAN submitted United States in compliance with the order recent fiscal year.
an amendment intended to be proposed entitled ‘‘Framework for Conditional Sailing (d) SUBGRANTS TO LOCAL EDUCATIONAL

ctelli on DSK11ZRN23PROD with SENATE
to amendment SA 891 proposed by Mr. and Initial Phase COVID–19 Testing Require- AGENCIES.—
ments for Protection of Crew’’, issued by the (1) IN GENERAL.—Each State shall allocate
SCHUMER (for himself, Mr. WYDEN, Mrs.
Director effective on October 30, 2020, under not less than 95 percent of the grant funds
MURRAY, Mr. BROWN, Mr. PETERS, Mr. awarded to the State under this section as
sections 361 and 365 of the Public Health
CARDIN, Ms. CANTWELL, Ms. STABENOW, Service Act (42 U.S.C. 264; 268). subgrants to local educational agencies (in-
Mr. TESTER, Mr. MENENDEZ, Mr. (c) TIMELINE.—Not later than 30 days after cluding charter schools that are local edu-
SCHATZ, Mr. CARPER, Mr. LEAHY, and the date of enactment of this Act, the Direc- cational agencies in the State) in proportion

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1295
to the amount of funds such local edu- SA 1028. Mr. SCOTT, of South Caro- any monies in the Treasury not otherwise
cational agencies and charter schools that lina (for himself and Mr. CRAMER) sub- appropriated, $250,000,000, to remain avail-
are local educational agencies received under mitted an amendment intended to be able until expended, for purposes of allo-
part A of title I of the Elementary and Sec- cating such amount among the States (in-
proposed to amendment SA 891 pro-
ondary Education Act of 1965 in the most re- cluding the District of Columbia and each
cent fiscal year. posed by Mr. SCHUMER (for himself, Mr. territory of the United States) for such a
(2) AVAILABILITY OF FUNDS.—Each State WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. State to establish and implement a strike
shall make allocations under paragraph (1) PETERS, Mr. CARDIN, Ms. CANTWELL, team that will be deployed to a nursing facil-
to local educational agencies in accordance Ms. STABENOW, Mr. TESTER, Mr. ity in the State with diagnosed or suspected
with the following: MENENDEZ, Mr. SCHATZ, Mr. CARPER, cases of COVID–19 among residents or staff
(A) A local educational agency shall re- Mr. LEAHY, and Mr. SANDERS) to the for the purposes of assisting with clinical
ceive 25 percent of its allocation under para- bill H.R. 1319, to provide for reconcili- care, infection control, or staffing during the
graph (1) not later than 30 days after the emergency period described in section
ation pursuant to title II of S. Con.
date of enactment of this title. 1135(g)(1)(B) and the 1-year period imme-
(B) A local educational agency shall re- Res. 5; which was ordered to lie on the diately following the end of such emergency
ceive an additional 15 percent of its alloca- table; as follows: period.
tion under paragraph (1) for each school day In section 2001(g)(1), strike ‘‘(e)(1)’’ and in- ‘‘(l) LIMITATION.—The Secretary shall not
in a 5-day school week that public elemen- sert ‘‘(e)’’. make an allocation under subsection (k) to a
tary and secondary schools served by the State unless the State, for each month that
local educational agency are open for in-per- SA 1029. Mr. SCOTT, of South Caro- occurs during the period that begins on Octo-
son instruction for 100 percent of students lina (for himself and Mr. CRAMER) sub- ber 1, 2020, and ends on the last day of the 1-
within the local educational agency, as cer- mitted an amendment intended to be year period described in such subsection,
tified by the local educational agency to the proposed to amendment SA 891 pro- provides accurate monthly reporting to the
State. Secretary on the number of COVID–19 deaths
posed by Mr. SCHUMER (for himself, Mr.
(e) STATE FUNDING.—With funds not other- of residents of nursing facilities and skilled
wise allocated under subsection (d), a State WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. nursing facilities (as defined in 1819(a)) and
may carry out, directly or through grants or PETERS, Mr. CARDIN, Ms. CANTWELL, certifies that such deaths are not included in
contracts, activities necessary to support Ms. STABENOW, Mr. TESTER, Mr. counts of COVID–19 deaths in other settings.
the safe reopening of schools. MENENDEZ, Mr. SCHATZ, Mr. CARPER, The Secretary shall rescind any amounts
(f) EQUITABLE SERVICES.—Each local edu- Mr. LEAHY, and Mr. SANDERS) to the previously allocated to a State under sub-
cational agency that receives funds from a bill H.R. 1319, to provide for reconcili- section (k) if the State fails to comply with
subgrant under subsection (d) shall reserve ation pursuant to title II of S. Con. the requirement of this subsection.’’.
funds to provide equitable services in the
same manner as provided under section 1117
Res. 5; which was ordered to lie on the SA 1031. Mr. LANKFORD (for himself
of the Elementary and Secondary Education table; as follows: and Mr. DAINES) proposed an amend-
Act of 1965 (20 U.S.C. 6320) to students and In section 2001(d), add at the end the fol- ment to amendment SA 891 proposed
teachers in non-public schools, as deter- lowing:
by Mr. SCHUMER (for himself, Mr.
mined in consultation with representatives (3) LIMITATION.—
(A) IN GENERAL.—None of the funds made WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
of non-public schools.
(g) PUBLIC CONTROL OF FUNDS.—The con- available under this section may be provided PETERS, Mr. CARDIN, Ms. CANTWELL,
trol of funds for the services or assistance to a local educational agency unless in-per- Ms. STABENOW, Mr. TESTER, Mr.
provided to a non-public school under sub- son instruction is available to all students at MENENDEZ, Mr. SCHATZ, Mr. CARPER,
section (f), and title to materials, equip- each of the public elementary and secondary Mr. LEAHY, and Mr. SANDERS) to the
ment, and property purchased with such schools under the jurisdiction of the local bill H.R. 1319, to provide for reconcili-
funds, shall be in a public agency, and a pub- educational agency. ation pursuant to title II of S. Con.
lic agency shall administer such funds, serv- (B) EDUCATION SAVINGS ACCOUNTS.—Each
Res. 5; which was ordered to lie on the
ices, assistance, materials, equipment, and State that receives a grant under this sec-
property. tion shall establish an education savings ac- table; as follows:
(h) REALLOCATION.—A State shall return to count for each student enrolled in a public Strike section 2204 and all that follows
the Secretary any funds received under this elementary or secondary school served by a through the end of subtitle H of title II and
section that the State does not award within local educational agency that does not meet insert the following:
1 year of receiving such funds and the Sec- the requirement under subparagraph (A). SEC. 2204. PROGRAMS FOR SURVIVORS.
retary shall reallocate such funds to the re- From the funds that are prohibited from Section 301 of division BB of the Consoli-
maining States in accordance with sub- being provided to a local educational agency dated Appropriations Act, 2021, as amended
section (c). under subparagraph (A), the State shall de- by this Act, is amended by adding at the end
posit a per-pupil amount in the account of the following subsection:
SA 1027. Mr. RUBIO (for himself, Mr. each such student. The State shall provide ‘‘(g) PROGRAMS FOR SURVIVORS.—
SCOTT, of South Carolina, Mr. each such student with the funds in the ac- ‘‘(1) IN GENERAL.—Section 303 of the Fam-
HAGERTY, Ms. ERNST, Mr. TILLIS, Mr. count of the student, which such student ily Violence Prevention and Services Act (42
shall use for educational expenses. U.S.C. 10403) is amended by adding at the end
DAINES, Mr. CRAMER, and Mr. BLUNT) the following:
submitted an amendment intended to ‘‘ ‘(d) ADDITIONAL FUNDING.—For the pur-
SA 1030. Mr. SCOTT, of South Caro-
be proposed to amendment SA 891 pro- poses of carrying out this title, in addition
lina (for himself, Mr. BARRASSO, Mr.
posed by Mr. SCHUMER (for himself, Mr. to amounts otherwise made available for
DAINES, and Mr. LANKFORD) proposed such purposes, there are appropriated, out of
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
an amendment to amendment SA 891 any amounts in the Treasury not otherwise
PETERS, Mr. CARDIN, Ms. CANTWELL,
proposed by Mr. SCHUMER (for himself, appropriated, for fiscal year 2021, to remain
Ms. STABENOW, Mr. TESTER, Mr.
Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, available until expended except as otherwise
MENENDEZ, Mr. SCHATZ, Mr. CARPER, provided in this subsection, each of the fol-
Mr. PETERS, Mr. CARDIN, Ms. CANT-
Mr. LEAHY, and Mr. SANDERS) to the lowing:
WELL, Ms. STABENOW, Mr. TESTER, Mr.
bill H.R. 1319, to provide for reconcili- ‘‘ ‘(1) $180,000,000 to carry out sections 301
MENENDEZ, Mr. SCHATZ, Mr. CARPER,
ation pursuant to title II of S. Con. through 312, to be allocated in the manner
Mr. LEAHY, and Mr. SANDERS) to the
Res. 5; which was ordered to lie on the described in subsection (a)(2), except that—
bill H.R. 1319, to provide for reconcili- ‘‘ ‘(A) a reference in subsection (a)(2) to an
table; as follows:
ation pursuant to title II of S. Con. amount appropriated under subsection (a)(1)
At the end of section 7104, insert the fol-
lowing:
Res. 5; which was ordered to lie on the shall be considered to be a reference to an
SEC. 7105. PROHIBITION ON USE OF FUNDS FOR table; as follows: amount appropriated under this paragraph;
A FEDERALLY MANDATED DOMES- Strike section 9818 and insert the fol- ‘‘ ‘(B) the matching requirement in section
TIC TRAVEL BAN WITHIN THE lowing: 306(c)(4) and condition in section 308(d)(3)
UNITED STATES. SEC. 9818. FUNDING FOR STATE STRIKE TEAMS shall not apply; and
None of the funds made available by this FOR RESIDENT AND EMPLOYEE ‘‘ ‘(C) each reference in section 305(e) to

ctelli on DSK11ZRN23PROD with SENATE
Act shall be used by the Secretary of Trans- SAFETY IN NURSING FACILITIES. ‘‘the end of the following fiscal year’’ shall
portation or the Administrator of the Fed- Section 1919 of the Social Security Act (42 be considered to be a reference to ‘‘the end of
eral Aviation Administration to plan, de- U.S.C. 1396r) is amended by adding at the end fiscal year 2025’’; and
velop, carry out, or enforce, or assist in the the following new subsections: ‘‘ ‘(D) funds made available to a State in a
planning, development, carrying out, or en- ‘‘(k) FUNDING FOR STATE STRIKE TEAMS.— grant under section 306(a) and obligated in a
forcement of a Federally mandated domestic In addition to amounts otherwise available, timely manner shall be available for expend-
travel ban within the United States. there is appropriated to the Secretary, out of iture, by the State or a recipient of funds

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S1296 CONGRESSIONAL RECORD — SENATE March 5, 2021
from the grant, through the end of fiscal ‘‘(h) ADDITIONAL FUNDING FOR CHILD ABUSE cluding awards to State Commissions on Na-
year 2025. PREVENTION AND TREATMENT.—The Child tional and Community Service, under sec-
‘‘ ‘(2) $18,000,000 to carry out section 309. Abuse Prevention and Treatment Act (42 tion 126(a).
‘‘ ‘(3) $2,000,000 to carry out section 313, of U.S.C. 5101 et seq.) is amended by adding at ‘‘ ‘(3) VOLUNTEER GENERATION FUND.—
which $1,000,000 shall be allocated to support the end the following: $20,000,000 shall be used for expenses author-
Indian communities.’. ‘‘ ‘TITLE III—ADDITIONAL FUNDING ized under section 501(a)(4)(F), which, not-
‘‘(2) GRANT PROGRAMS.—The Family Vio- ‘‘ ‘SEC. 301. CHILD ABUSE PREVENTION AND withstanding section 198P(d)(1)(B), shall be
lence Prevention and Services Act is amend- TREATMENT. for grants awarded by the Corporation for
ed by inserting after section 314 of such Act ‘‘ ‘In addition to amounts otherwise avail- National and Community Service on a com-
(42 U.S.C. 10414) the following: able, there is appropriated to the Secretary petitive basis.
‘‘ ‘SEC. 315. GRANTS TO SUPPORT CULTURALLY of Health and Human Services for fiscal year ‘‘ ‘(4) AMERICORPS VISTA.—$80,000,000 shall
SPECIFIC POPULATIONS AND be used for the purposes described in section
2021, out of any money in the Treasury not
GRANTS TO SUPPORT SURVIVORS 101 of the Domestic Volunteer Service Act of
OF SEXUAL ASSAULT. otherwise appropriated, the following
amounts, to remain available through Sep- 1973 (42 U.S.C. 4951), including to increase the
‘‘ ‘(a) COVID–19 PUBLIC HEALTH EMERGENCY living allowances of volunteers, described in
DEFINED.—In this section, the term ‘‘COVID– tember 30, 2023:
‘‘ ‘(1) $250,000,000 for carrying out the pro- section 105(b) of the Domestic Volunteer
19 public health emergency’’ means the pub- Service Act of 1973 (42 U.S.C. 4955(b)).
lic health emergency declared by the Sec- gram authorized under section 201, which
shall be allocated without regard to section ‘‘ ‘(5) NATIONAL SENIOR SERVICE CORPS.—
retary of Health and Human Services under $30,000,000 shall be used for the purposes de-
section 319 of the Public Health Service Act 204(4) and shall be allotted to States in ac-
cordance with section 203, except that— scribed in section 200 of the Domestic Volun-
(42 U.S.C. 247d) on January 31, 2020, with re- teer Service Act of 1973 (42 U.S.C. 5000).
spect to COVID–19, including any renewal of ‘‘ ‘(A) in subsection (b)(1)(A) of section 203,
‘‘70 percent’’ shall be deemed to be ‘‘100 per- ‘‘ ‘(6) ADMINISTRATIVE COSTS.—$73,000,000
the declaration. shall be used for the Corporation for Na-
‘‘ ‘(b) GRANTS TO SUPPORT CULTURALLY SPE- cent’’; and
‘‘ ‘(B) subsections (b)(1)(B) and (c) of sec- tional and Community Service for adminis-
CIFIC POPULATIONS.—
tion 203 shall not apply; and trative expenses to carry out programs and
‘‘ ‘(1) IN GENERAL.—In addition to amounts
‘‘ ‘(2) $100,000,000 for carrying out the State activities funded by subsection (a).
otherwise made available, there is appro-
grant program authorized under section 106, ‘‘ ‘(7) OFFICE OF INSPECTOR GENERAL.—
priated, out of any amounts in the Treasury
which shall be allocated without regard to $9,000,000 shall be used for the Office of In-
not otherwise appropriated, to the Secretary
section 112(a)(2).’. spector General of the Corporation for Na-
of Health and Human Services (in this sec-
SEC. 2206. CORPORATION FOR NATIONAL AND tional and Community Service for salaries
tion referred to as the ‘‘Secretary’’),
COMMUNITY SERVICE AND THE NA- and expenses necessary for oversight and
$49,500,000 for fiscal year 2021, to be available
TIONAL SERVICE TRUST. audit of programs and activities funded by
until expended, to carry out this subsection
Section 301 of division BB of the Consoli- subsection (a).
(excluding Federal administrative costs, for
dated Appropriations Act, 2021, as amended ‘‘ ‘(c) NATIONAL SERVICE TRUST.—In addi-
which funds are appropriated under sub-
by this Act, is amended by adding at the end tion to amounts otherwise made available,
section (d)).
the following new subsection: there is appropriated for fiscal year 2021, out
‘‘ ‘(2) USE OF FUNDS.—From amounts appro-
‘‘(i) CORPORATION FOR NATIONAL AND COM- of any money in the Treasury not otherwise
priated under paragraph (1), the Secretary
MUNITY SERVICE AND THE NATIONAL SERVICE appropriated, $148,000,000, to remain avail-
acting through the Director of the Family
TRUST.—Title V of the National and Commu- able until expended, for administration of
Violence Prevention and Services Program,
nity Service Act of 1990 is amended by in- the National Service Trust, and for payment
shall—
serting after section 501 (42 U.S.C. 12681) the to the Trust for the provision of educational
‘‘ ‘(A) support culturally specific commu-
following: awards pursuant to section 145(a)(1)(A).’.
nity-based organizations to provide cul-
turally specific activities for survivors of ‘‘ ‘SEC. 502. ADDITIONAL AMOUNTS. Subtitle D—Public Health
sexual assault and domestic violence, to ad- ‘‘ ‘(a) CORPORATION FOR NATIONAL AND COM- SEC. 2301. PUBLIC HEALTH.
dress emergent needs resulting from the MUNITY SERVICE.—In addition to amounts
Section 301 of division BB of the Consoli-
COVID–19 public health emergency and other otherwise made available, there is appro- dated Appropriations Act, 2021, as amended
public health concerns; and priated for fiscal year 2021, out of any money by this Act, is amended by adding at the end
‘‘ ‘(B) support culturally specific commu- in the Treasury not otherwise appropriated, the following new subsections:
nity-based organizations that provide cul- to the Corporation for National and Commu- ‘‘(j) PHSA.—Title II of the Public Health
turally specific activities to promote stra- nity Service, $852,000,000, to remain available Service Act (42 U.S.C. 202 et seq.) is amended
tegic partnership development and collabo- through September 30, 2024, to carry out sub- by adding at the end the following:
ration in responding to the impact of section (b), except that amounts to carry out
subsection (b)(7) shall remain available until ‘‘ ‘PART E—MISCELLANEOUS FUNDING
COVID–19 and other public health concerns
on survivors of sexual assault and domestic September 30, 2026. ‘‘ ‘Subpart 1—Vaccines and Therapeutics
violence. ‘‘ ‘(b) ALLOCATION OF AMOUNTS.—Amounts ‘‘ ‘SEC. 281A. FUNDING FOR COVID–19 VACCINE
‘‘ ‘(c) GRANTS TO SUPPORT SURVIVORS OF provided by subsection (a) shall be allocated ACTIVITIES AT THE CENTERS FOR
SEXUAL ASSAULT.— as follows: DISEASE CONTROL AND PREVEN-
‘‘ ‘(1) IN GENERAL.—In addition to amounts ‘‘ ‘(1) AMERICORPS STATE AND NATIONAL.— TION.
otherwise made available, there is appro- $620,000,000 shall be used— ‘‘ ‘(a) IN GENERAL.—In addition to amounts
priated, out of any amounts in the Treasury ‘‘ ‘(A) to increase the living allowances of otherwise available, there is appropriated to
not otherwise appropriated, to the Sec- participants in national service programs; the Secretary of Health and Human Services
retary, $198,000,000 for fiscal year 2021, to be and (in this part referred to as the ‘‘Secretary’’)
available until expended, to carry out this ‘‘ ‘(B) to make funding adjustments to ex- for fiscal year 2021, out of any money in the
subsection (excluding Federal administrative isting (as of the date of enactment of this Treasury not otherwise appropriated,
costs, for which funds are appropriated under section) awards and award new and addi- $7,500,000,000, to remain available until ex-
subsection (d)). tional awards to entities to support pro- pended, to carry out activities to plan, pre-
‘‘ ‘(2) USE OF FUNDS.—From the amounts grams described in paragraphs (1)(B), (2)(B), pare for, promote, distribute, administer,
appropriated under paragraph (1), the Sec- (3)(B), (4)(B), and (5)(B) of subsection (a), and monitor, and track COVID–19 vaccines.
retary, acting through the Director of the subsection (b)(2), of section 122, whether or ‘‘ ‘(b) USE OF FUNDS.—The Secretary, act-
Family Violence Prevention and Services not the entities are already grant recipients ing through the Director of the Centers for
Program, shall assist rape crisis centers in under such provisions on the date of enact- Disease Control and Prevention, and in con-
transitioning to virtual services and meeting ment of this Act, and notwithstanding sec- sultation with other agencies, as applicable,
the emergency needs of survivors. tion 122(a)(1)(B)(vi), by— shall, in conducting activities referred to in
‘‘ ‘(d) ADMINISTRATIVE COSTS.—In addition ‘‘ ‘(i) prioritizing entities serving commu- subsection (a)—
to amounts otherwise made available, there nities disproportionately impacted by ‘‘ ‘(1) conduct activities to enhance, ex-
is appropriated to the Secretary, out of any COVID–19 and utilizing culturally competent pand, and improve nationwide COVID–19 vac-
amounts in the Treasury not otherwise ap- and multilingual strategies in the provision cine distribution and administration, includ-
propriated, $2,500,000 for fiscal year 2021, to of services; and ing activities related to distribution of ancil-
remain available until expended, for the Fed- ‘‘ ‘(ii) taking into account the diversity of lary medical products and supplies related to
eral administrative costs of carrying out communities and participants served by such vaccines; and

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subsections (b) and (c).’. entities, including racial, ethnic, socio- ‘‘ ‘(2) provide technical assistance, guid-
SEC. 2205. CHILD ABUSE PREVENTION AND economic, linguistic, or geographic diver- ance, and support to, and award grants or co-
TREATMENT. sity. operative agreements to, State, local, Tribal,
Section 301 of division BB of the Consoli- ‘‘ ‘(2) STATE COMMISSIONS.—$20,000,000 shall and territorial public health departments for
dated Appropriations Act, 2021, as amended be used to make adjustments to existing (as enhancement of COVID–19 vaccine distribu-
by this Act, is amended by adding at the end of the date of enactment of this section) tion and administration capabilities, includ-
the following new subsection: awards and new and additional awards, in- ing—

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1297
‘‘ ‘(A) the distribution and administration 564 of the Federal Food, Drug, and Cosmetic related strategies and activities to mitigate
of vaccines licensed under section 351 or au- Act (21 U.S.C. 360bbb–3); and the spread of COVID–19;
thorized under section 564 of the Federal ‘‘ ‘(3) to improve rates of vaccination ‘‘ ‘(3) support the development, manufac-
Food, Drug, and Cosmetic Act (21 U.S.C. throughout the United States, including its turing, procurement, distribution, and ad-
360bbb–3) and ancillary medical products and territories and possessions, including ministration of tests to detect or diagnose
supplies related to vaccines; through activities described in section 313, as SARS–CoV–2 and COVID–19, including
‘‘ ‘(B) the establishment and expansion, in- amended by section 311 of division BB of the through—
cluding staffing support, of community vac- Consolidated Appropriations Act, 2021 (Pub- ‘‘ ‘(A) support for the development, manu-
cination centers, particularly in underserved lic Law 116–260). facture, procurement, and distribution of
areas; ‘‘ ‘SEC. 281C. FUNDING FOR SUPPLY CHAIN FOR supplies necessary for administering tests,
‘‘ ‘(C) the deployment of mobile vaccina- COVID–19 VACCINES, THERA- such as personal protective equipment; and
tion units, particularly in underserved areas; PEUTICS, AND MEDICAL SUPPLIES. ‘‘ ‘(B) support for the acquisition, construc-
‘‘ ‘(D) information technology, standards- ‘‘ ‘In addition to amounts otherwise avail- tion, alteration, or renovation of non-Feder-
based data, and reporting enhancements, in- able, there is appropriated to the Secretary ally owned facilities for the production of
cluding improvements necessary to support for fiscal year 2021, out of any money in the diagnostics and ancillary medical products
standards-based sharing of data related to Treasury not otherwise appropriated, and supplies where the Secretary determines
vaccine distribution and vaccinations and $6,050,000,000, to remain available until ex- that such an investment is necessary to en-
systems that enhance vaccine safety, effec- pended, for necessary expenses with respect sure the production of sufficient amounts of
tiveness, and uptake, particularly among un- to research, development, manufacturing, such supplies;
derserved populations; production, and the purchase of vaccines, ‘‘ ‘(4) establish and expand Federal, State,
‘‘ ‘(E) facilities enhancements; therapeutics, and ancillary medical products local, and territorial testing and contact
‘‘ ‘(F) communication with the public re- and supplies to prevent, prepare, or respond tracing capabilities, including—
garding when, where, and how to receive to— ‘‘ ‘(A) ‘‘through investments in laboratory
COVID–19 vaccines; and ‘‘ ‘(1) SARS–CoV–2 or any viral variant mu- capacity, such as—
‘‘ ‘(G) transportation of individuals to fa- tating therefrom with pandemic potential; ‘‘ ‘(i) academic and research laboratories,
cilitate vaccinations, including at commu- and or other laboratories that could be used for
nity vaccination centers and mobile vaccina- ‘‘ ‘(2) COVID–19 or any disease with poten- processing of COVID–19 testing;
tion units, particularly for underserved pop- tial for creating a pandemic. ‘‘ ‘(ii) community-based testing sites and
ulations. ‘‘ ‘SEC. 281D. FUNDING FOR COVID–19 VACCINE,
community-based organizations; or
‘‘ ‘(c) SUPPLEMENTAL FUNDING FOR STATE THERAPEUTIC, AND DEVICE ACTIVI- ‘‘ ‘(iii) mobile health units, particularly in
VACCINATION GRANTS.— TIES AT THE FOOD AND DRUG AD- medically underserved areas; and
‘‘ ‘(1) DEFINITIONS.—In this subsection: MINISTRATION. ‘‘ ‘(B) with respect to quarantine and isola-
‘‘ ‘(A) BASE FORMULA.—The term ‘‘base for- ‘‘ ‘In addition to amounts otherwise avail- tion of contacts;
mula’’ means the allocation formula that ap- able, there is appropriated to the Secretary ‘‘ ‘(5) enhance information technology, data
plied to the Public Health Emergency Pre- for fiscal year 2021, out of any money in the modernization, and reporting, including im-
paredness cooperative agreement in fiscal Treasury not otherwise appropriated, provements necessary to support sharing of
year 2020. $500,000,000, to remain available until ex- data related to public health capabilities;
‘‘ ‘(B) ALTERNATIVE ALLOCATION.—The term pended, to be used for the evaluation of the ‘‘ ‘(6) award grants to, or enter into cooper-
‘‘alternative allocation’’ means an allocation continued performance, safety, and effective- ative agreements or contracts with, State,
to each State, territory, or locality cal- ness, including with respect to emerging local, and territorial public health depart-
culated using the percentage derived from COVID–19 variants, of vaccines, therapeutics, ments to establish, expand, and sustain a
the allocation received by such State, terri- and diagnostics approved, cleared, licensed, public health workforce; and
tory, or locality of the aggregate amount of or authorized for use for the treatment, pre- ‘‘ ‘(7) to cover administrative and program
fiscal year 2020 Public Health Emergency vention, or diagnosis of COVID–19; facilita- support costs necessary to conduct activities
Preparedness cooperative agreement awards tion of advanced continuous manufacturing related to subparagraph (a).
under section 319C–1 of the Public Health activities related to production of vaccines ‘‘ ‘SEC. 282B. FUNDING FOR SARS-COV-2 GENOMIC
and related materials; facilitation and con- SEQUENCING AND SURVEILLANCE.
Service Act (42 U.S.C. 247d–3a).
‘‘ ‘(2) SUPPLEMENTAL FUNDING.— duct of inspections related to the manufac- ‘‘ ‘(a) IN GENERAL.—In addition to amounts
turing of vaccines, therapeutics, and devices otherwise available, there is appropriated to
‘‘ ‘(A) IN GENERAL.—Not later than 21 days
delayed or cancelled for reasons related to the Secretary for fiscal year 2021 out of any
after the date of enactment of this Act, the
COVID–19; review of devices authorized for money in the Treasury not otherwise appro-
Secretary shall use amounts described in
use for the treatment, prevention, or diag- priated, $1,750,000,000, to remain available
subsection (a) to provide supplemental fund-
nosis of COVID–19; and oversight of the sup- until expended, to strengthen and expand ac-
ing to any State, locality, or territory that tivities and workforce related to genomic se-
received less of the amounts that were ap- ply chain and mitigation of shortages of vac-
cines, therapeutics, and devices approved, quencing, analytics, and disease surveil-
propriated under title III of division M of lance.
Public Law 116–260 for vaccination grants to cleared, licensed, or authorized for use for
‘‘ ‘(b) USE OF FUNDS.—From amounts ap-
be issued by the Centers for Disease Control the treatment, prevention, or diagnosis of propriated by subsection (a), the Secretary,
and Prevention than such State, locality, or COVID–19 by the Food and Drug Administra- acting through the Director of the Centers
territory would have received had such tion. for Disease Control and Prevention, shall—
amounts been allocated using the alternative ‘‘ ‘Subpart 2—Testing ‘‘ ‘(1) conduct, expand, and improve activi-
allocation. ‘‘ ‘SEC. 282A. FUNDING FOR COVID–19 TESTING, ties to sequence genomes, identify
‘‘ ‘(B) AMOUNT.—The amount of supple- CONTRACT TRACING, AND MITIGA- mutations, and survey the circulation and
mental funding provided under this sub- TION ACTIVITIES. transmission of viruses and other organisms,
section shall be equal to the difference be- ‘‘ ‘(a) IN GENERAL.—In addition to amounts including strains of SARS–CoV–2;
tween— otherwise available, there is appropriated to ‘‘ ‘(2) award grants or cooperative agree-
‘‘ ‘(i) the amount the State, locality, or ter- the Secretary for fiscal year 2021, out of any ments to State, local, Tribal, or territorial
ritory received, or would receive, under the money in the Treasury not otherwise appro- public health departments or public health
base formula; and priated, $47,800,000,000, to remain available laboratories—
‘‘ ‘(ii) the amount the State, locality, or until expended, to carry out activities to de- ‘‘ ‘(A) to increase their capacity to se-
territory would receive under the alternative tect, diagnose, trace, and monitor SARS– quence genomes of circulating strains of vi-
allocation. CoV–2 and COVID–19 infections and related ruses and other organisms, including SARS–
‘‘ ‘SEC. 281B. FUNDING FOR VACCINE CON- strategies to mitigate the spread of COVID– CoV–2;
FIDENCE ACTIVITIES. 19. ‘‘ ‘(B) to identify mutations in viruses and
‘‘ ‘In addition to amounts otherwise avail- ‘‘ ‘(b) USE OF FUNDS.—From amounts ap- other organisms, including SARS–CoV–2;
able, there is appropriated to the Secretary propriated by subsection (a), the Secretary ‘‘ ‘(C) to use genomic sequencing to iden-
for fiscal year 2021, out of any money in the shall— tify outbreaks and clusters of diseases or in-
Treasury not otherwise appropriated, ‘‘ ‘(1) implement a national, evidence-based fections, including COVID–19; and
$1,000,000,000, to remain available until ex- strategy for testing, contact tracing, surveil- ‘‘ ‘(D) to develop effective disease response
pended, to carry out activities, acting lance, and mitigation with respect to SARS– strategies based on genomic sequencing and
through the Director of the Centers for Dis- CoV–2 and COVID–19, including through ac- surveillance data;

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ease Control and Prevention— tivities authorized under section 319(a); ‘‘ ‘(3) enhance and expand the informatics
‘‘ ‘(1) to strengthen vaccine confidence in ‘‘ ‘(2) provide technical assistance, guid- capabilities of the public health workforce;
the United States, including its territories ance, and support, and award grants or coop- and
and possessions; erative agreements to State, local, and terri- ‘‘ ‘(4) award grants for the construction, al-
‘‘ ‘(2) to provide further information and torial public health departments for activi- teration, or renovation of facilities to im-
education with respect to vaccines licensed ties to detect, diagnose, trace, and monitor prove genomic sequencing and surveillance
under section 351 or authorized under section SARS–CoV–2 and COVID–19 infections and capabilities at the State and local level.

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S1298 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘ ‘SEC. 282C. FUNDING FOR GLOBAL HEALTH. for fiscal year 2021, out of any money in the $100,000,000 shall be made available for pro-
‘‘ ‘In addition to amounts otherwise avail- Treasury not otherwise appropriated, viding primary health services through
able, there is appropriated to the Secretary $100,000,000, to remain available until ex- grants to States under section 338I(a).
for fiscal year 2021, out of any amounts in pended, for carrying out section 2813. ‘‘ ‘(2) CONDITIONS.—With respect to grants
the Treasury not otherwise appropriated, ‘‘ ‘Subpart 4—Public Health Investments described in paragraph (1) using funds made
$750,000,000, to remain available until ex- available under such paragraph:
‘‘ ‘SEC. 284A. FUNDING FOR COMMUNITY HEALTH
pended, for activities to be conducted acting CENTERS AND COMMUNITY CARE. ‘‘ ‘(A) Section 338I(b) shall not apply.
through the Director of the Centers for Dis- ‘‘ ‘(a) IN GENERAL.—In addition to amounts ‘‘ ‘(B) Notwithstanding section 338I(d)(2),
ease Control and Prevention to combat otherwise available, there is appropriated to not more than 10 percent of an award to a
SARS–CoV– 2, COVID–19, and other emerging the Secretary for fiscal year 2021, out of any State from such amounts, may be used by
infectious disease threats globally, including money in the Treasury not otherwise appro- the State for costs of administering the
efforts related to global health security, priated, $7,600,000,000, to remain available State loan repayment program.
global disease detection and response, global until expended, for necessary expenses for ‘‘ ‘SEC. 284C. FUNDING FOR NURSE CORPS.
health protection, global immunization, and awarding grants and cooperative agreements ‘‘ ‘In addition to amounts otherwise avail-
global coordination on public health. under section 330 to be awarded without re- able, there is appropriated to the Secretary
‘‘ ‘SEC. 282D. FUNDING FOR DATA MODERNIZA- gard to the time limitation in subsection for fiscal year 2021, out of any money in the
TION AND FORECASTING CENTER.
(e)(3) and subsections (e)(6)(A)(iii), Treasury not otherwise appropriated,
‘‘ ‘In addition to amounts otherwise avail- (e)(6)(B)(iii), and (r)(2)(B) of such section 330, $200,000,000, to remain available until ex-
able, there is appropriated to the Secretary and for necessary expenses for awarding pended, for carrying out section 846.
for fiscal year 2021, out of any money in the grants to Federally qualified health centers, ‘‘ ‘SEC. 284D. FUNDING FOR TEACHING HEALTH
Treasury not otherwise appropriated, as described in section 1861(aa)(4)(B) of the CENTERS THAT OPERATE GRAD-
$500,000,000, to remain available until ex- Social Security Act (42 UATE MEDICAL EDUCATION.
pended, for activities to be conducted acting U.S.C.1395x(aa)(4)(B)), and for awarding ‘‘ ‘(a) IN GENERAL.—In addition to amounts
through the Director of the Centers for Dis- grants or contracts to Papa Ola Lokahi and otherwise available, and notwithstanding the
ease Control and Prevention to support pub- to qualified entities under sections 4 and 6 of capped amount referenced in sections
lic health data surveillance and analytics in- the Native Hawaiian Health Care Improve- 340H(b)(2) and 340H(d)(2), there is appro-
frastructure modernization initiatives at the ment Act (42 U.S.C. 11703, 11705). Of the total priated to the Secretary for fiscal year 2021,
Centers for Disease Control and Prevention, amount appropriated by the preceding sen- out of any money in the Treasury not other-
and establish, expand, and maintain efforts tence, not less than $20,000,000 shall be for wise appropriated, $330,000,000, to remain
to modernize the United States disease warn- grants or contracts to Papa Ola Lokahi and available until September 30, 2023, for the
ing system to forecast and track hotspots for to qualified entities under sections 4 and 6 of program of payments to teaching health cen-
COVID–19, its variants, and emerging bio- the Native Hawaiian Health Care Improve-
logical threats, including academic and ters that operate graduate medical education
ment Act (42 U.S.C. 11703, 11705). under section 340H and for teaching health
workforce support for analytics and ‘‘ ‘(b) USE OF FUNDS.—Amounts made avail-
informatics infrastructure and data collec- center development grants authorized under
able to an awardee pursuant to subsection section 749A.
tion systems. (a) shall be used— ‘‘ ‘(b) USE OF FUNDS.—Amounts made avail-
‘‘ ‘Subpart 3—Public Health Workforce ‘‘ ‘(1) to plan, prepare for, promote, dis- able pursuant to subsection (a) shall be used
‘‘ ‘SEC. 283A. FUNDING FOR PUBLIC HEALTH tribute, administer, and track COVID–19 vac- for the following activities:
WORKFORCE. cines, and to carry out other vaccine-related ‘‘ ‘(1) For making payments to establish
‘‘ ‘(a) IN GENERAL.—In addition to amounts activities; new approved graduate medical residency
otherwise available, there is appropriated to ‘‘ ‘(2) to detect, diagnose, trace, and mon- training programs pursuant to section
the Secretary for fiscal year 2021, out of any itor COVID–19 infections and related activi- 340H(a)(1)(C).
money in the Treasury not otherwise appro- ties necessary to mitigate the spread of ‘‘ ‘(2) To provide an increase to the per resi-
priated, $7,660,000,000, to remain available COVID–19, including activities related to, dent amount described in section 340H(a)(2)
until expended, to carry out activities re- and equipment or supplies purchased for, of $10,000.
lated to establishing, expanding, and sus- testing, contact tracing, surveillance, miti- ‘‘ ‘(3) For making payments under section
taining a public health workforce, including gation, and treatment of COVID–19; 340H(a)(1)(A) to qualified teaching health
by making awards to State, local, and terri- ‘‘ ‘(3) to purchase equipment and supplies centers for maintenance of filled positions at
torial public health departments. to conduct mobile testing or vaccinations for
‘‘ ‘(b) USE OF FUNDS FOR PUBLIC HEALTH DE- existing approved graduate medical resi-
COVID–19, to purchase and maintain mobile dency training programs.
PARTMENTS.—Amounts made available to an
vehicles and equipment to conduct such test- ‘‘ ‘(4) For making payments under section
awardee pursuant to subsection (a) shall be ing or vaccinations, and to hire and train
used for the following: 340H(a)(1)(B) for the expansion of existing ap-
laboratory personnel and other staff to con- proved graduate medical residency training
‘‘ ‘(1) Costs, including wages and benefits, duct such mobile testing or vaccinations,
related to the recruiting, hiring, and train- programs.
particularly in medically underserved areas; ‘‘ ‘(5) For making awards under section
ing of individuals— ‘‘ ‘(4) to establish, expand, and sustain the
‘‘ ‘(A) to serve as case investigators, con- 749A to teaching health centers for the pur-
health care workforce to prevent, prepare pose of establishing new accredited or ex-
tact tracers, social support specialists, com- for, and respond to COVID–19, and to carry
munity health workers, public health nurses, panded primary care residency programs.
out other health workforce-related activi- ‘‘ ‘(6) To cover administrative costs and ac-
disease intervention specialists, epidemiolo- ties;
gists, program managers, laboratory per- tivities necessary for qualified teaching
‘‘ ‘(5) to modify, enhance, and expand health centers receiving payments under sec-
sonnel, informaticians, communication and health care services and infrastructure; and
policy experts, and any other positions as tion 340H to carry out activities under such
‘‘ ‘(6) to conduct community outreach and section.
may be required to prevent, prepare for, and education activities related to COVID–19.
respond to COVID–19; and ‘‘ ‘SEC. 284E. FUNDING FOR FAMILY PLANNING.
‘‘ ‘(c) PAST EXPENDITURES.—An awardee ‘‘ ‘In addition to amounts otherwise avail-
‘‘ ‘(B) who are employed by— may use amounts awarded pursuant to sub-
‘‘ ‘(i) the State, territorial, or local public able, there is appropriated to the Secretary
section (a) to cover the costs of the awardee
health department involved; or for fiscal year 2021, out of any money in the
carrying out any of the activities described
‘‘ ‘(ii) a nonprofit private or public organi- Treasury not otherwise appropriated,
in subsection (b) during the period beginning
zation with demonstrated expertise in imple- $50,000,000, to remain available until ex-
on the date of the declaration of a public
menting public health programs and estab- pended, for necessary expenses for making
health emergency by the Secretary under
lished relationships with such State, terri- grants and contracts under section 1001.
section 319 on January 31, 2020, with respect
torial, or local public health departments, to COVID–19 and ending on the date of such ‘‘ ‘PART F—MENTAL HEALTH AND
particularly in medically underserved areas. award. SUBSTANCE USE DISORDER
‘‘ ‘(2) Personal protective equipment, data ‘‘ ‘SEC. 284B. FUNDING FOR NATIONAL HEALTH ‘‘ ‘SEC. 286A. FUNDING FOR BLOCK GRANTS FOR
management and other technology, or other SERVICE CORPS. COMMUNITY MENTAL HEALTH SERV-
necessary supplies. ‘‘ ‘(a) IN GENERAL.—In addition to amounts ICES.
‘‘ ‘(3) Administrative costs and activities otherwise available, there is appropriated to ‘‘ ‘In addition to amounts otherwise avail-
necessary for awardees to implement activi- the Secretary for fiscal year 2021, out of any able, there is appropriated to the Secretary
ties funded under this section. money in the Treasury not otherwise appro- of Health and Human Services (in this part
‘‘ ‘(4) Subawards from recipients of awards priated, $800,000,000, to remain available referred to as the ‘‘Secretary’’) for fiscal

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under subsection (a) to local health depart- until expended, for carrying out sections year 2021, out of any money in the Treasury
ments for the purposes of the activities fund- 338A, 338B, and 338I with respect to the not otherwise appropriated, $1,500,000,000, to
ed under this section. health workforce. remain available until expended, for car-
‘‘ ‘SEC. 283B. FUNDING FOR MEDICAL RESERVE ‘‘ ‘(b) STUDENT LOAN REPAYMENT PRO- rying out subpart I of part B of title XIX,
CORPS. GRAMS.— subpart III of part B of title XIX, and section
‘‘ ‘ In addition to amounts otherwise avail- ‘‘ ‘(1) IN GENERAL.—Of the amount made 505(c) with respect to mental health. Not-
able, there is appropriated to the Secretary available pursuant to subsection (a), withstanding section 1952, any amount

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1299
awarded to a State out of amounts appro- ‘‘ ‘SEC. 286E. FUNDING FOR GRANTS FOR HEALTH nation among local entities; training the
priated by this section shall be expended by CARE PROVIDERS TO PROMOTE mental and behavioral health workforce, rel-
the State by September 30, 2025. MENTAL HEALTH AMONG THEIR
evant stakeholders, and community mem-
HEALTH PROFESSIONAL WORK-
‘‘ ‘SEC. 286B. FUNDING FOR BLOCK GRANTS FOR
FORCE. bers; expanding evidence-based integrated
PREVENTION AND TREATMENT OF models of care; addressing surge capacity for
SUBSTANCE ABUSE. ‘‘ ‘(a) IN GENERAL.—In addition to amounts
mental and behavioral health needs; pro-
‘‘ ‘In addition to amounts otherwise avail- otherwise available, there is appropriated to
viding mental and behavioral health services
able, there is appropriated to the Secretary the Secretary for fiscal year 2021, out of any
to individuals with mental health needs (in-
for fiscal year 2021, out of any money in the money in the Treasury not otherwise appro-
cluding co-occurring substance use dis-
Treasury not otherwise appropriated, priated, $40,000,000, to remain available until
orders) as delivered by behavioral and men-
$1,500,000,000, to remain available until ex- expended, for the purpose described in sub-
tal health professionals utilizing telehealth
pended, for carrying out subpart II of part B section (b).
‘‘ ‘(b) USE OF FUNDS.—The Secretary, act- services; and supporting, enhancing, or ex-
of title XIX, subpart III of part B of title panding mental and behavioral health pre-
XIX, section 505(d) with respect to substance ing through the Administrator of the Health
Resources and Services Administration, ventive and crisis intervention services.
abuse, and section 515(d). Notwithstanding
shall, taking into consideration the needs of ‘‘ ‘SEC. 286H. FUNDING FOR THE NATIONAL CHILD
section 1952, any amount awarded to a State TRAUMATIC STRESS NETWORK.
out of amounts appropriated by this section rural and medically underserved commu-
nities, use amounts appropriated by sub- ‘‘ ‘In addition to amounts otherwise avail-
shall be expended by the State by September
section (a) to award grants or contracts to able, there is appropriated to the Secretary
30, 2025.
entities providing health care, including for fiscal year 2021, out of any money in the
‘‘ ‘SEC. 286C. FUNDING FOR MENTAL HEALTH AND
SUBSTANCE USE DISORDER TRAIN- health care providers associations and Feder- Treasury not otherwise appropriated,
ING FOR HEALTH CARE PROFES- ally qualified health centers, to establish, $10,000,000, to remain available until ex-
SIONALS, PARAPROFESSIONALS, enhance, or expand evidence-informed pro- pended, for carrying out section 582 with re-
AND PUBLIC SAFETY OFFICERS.
grams or protocols to promote mental health spect to addressing the problem of high-risk
‘‘ ‘(a) IN GENERAL.—In addition to amounts among their providers, other personnel, and or medically underserved persons who expe-
otherwise available, there is appropriated to rience violence-related stress.
members.
the Secretary for fiscal year 2021, out of any ‘‘ ‘SEC. 286I. FUNDING FOR PROJECT AWARE.
‘‘ ‘SEC. 286F. FUNDING FOR COMMUNITY-BASED
money in the Treasury not otherwise appro- ‘‘ ‘In addition to amounts otherwise avail-
FUNDING FOR LOCAL SUBSTANCE
priated, $80,000,000, to remain available until USE DISORDER SERVICES. able, there is appropriated to the Secretary
expended, for the purpose described in sub- for fiscal year 2021, out of any money in the
‘‘ ‘(a) IN GENERAL.—In addition to amounts
section (b). Treasury not otherwise appropriated,
‘‘ ‘(b) USE OF FUNDING.—The Secretary, act- otherwise available, there is appropriated to
the Secretary for fiscal year 2021, out of any $30,000,000, to remain available until ex-
ing through the Administrator of the Health pended, for carrying out section 520A with
Resources and Services Administration, money in the Treasury not otherwise appro-
priated, $30,000,000, to remain available until respect to advancing wellness and resiliency
shall, taking into consideration the needs of
expended, to carry out the purpose described in education.
rural and medically underserved commu-
in subsection (b). ‘‘ ‘SEC. 286J. FUNDING FOR YOUTH SUICIDE PRE-
nities, use amounts appropriated by sub- VENTION.
section (a) to award grants or contracts to ‘‘ ‘(b) USE OF FUNDS.—
‘‘ ‘(1) IN GENERAL.—The Secretary, acting ‘‘ ‘In addition to amounts otherwise avail-
health professions schools, academic health
centers, State or local governments, Indian through the Assistant Secretary for Mental able, there is appropriated to the Secretary
Tribes and Tribal organizations, or other ap- Health and Substance Use and in consulta- for fiscal year 2021, out of any money in the
propriate public or private nonprofit entities tion with the Director of the Centers for Dis- Treasury not otherwise appropriated,
(or consortia of entities, including entities ease Control and Prevention, shall award $20,000,000, to remain available until ex-
promoting multidisciplinary approaches), to grants to support States; local, Tribal, and pended, for carrying out sections 520E and
plan, develop, operate, or participate in territorial governments; Tribal organiza- 520E–2.
health professions and nursing training ac- tions; nonprofit community-based organiza- ‘‘ ‘SEC. 286K. FUNDING FOR BEHAVIORAL HEALTH
tivities for health care students, residents, tions; and primary and behavioral health or- WORKFORCE EDUCATION AND
TRAINING.
professionals, paraprofessionals, trainees, ganizations to support community-based
and public safety officers, and employers of overdose prevention programs, syringe serv- ‘‘ ‘In addition to amounts otherwise avail-
such individuals, in evidence-informed strat- ices programs, and other harm reduction able, there is appropriated to the Secretary
egies for reducing and addressing suicide, services. for fiscal year 2021, out of any money in the
burnout, mental health conditions, and sub- ‘‘ ‘(2) USE OF FUNDS.—Grant funds awarded Treasury not otherwise appropriated,
stance use disorders among health care pro- under this section to eligible entities shall $100,000,000, to remain available until ex-
fessionals. be used for preventing and controlling the pended, for carrying out section 756.
‘‘ ‘SEC. 286D. FUNDING FOR EDUCATION AND spread of infectious diseases and the con- ‘‘ ‘SEC. 286L. FUNDING FOR PEDIATRIC MENTAL
AWARENESS CAMPAIGN ENCOUR- HEALTH CARE ACCESS.
sequences of such diseases for individuals
AGING HEALTHY WORK CONDITIONS with substance use disorder, distributing ‘‘ ‘In addition to amounts otherwise avail-
AND USE OF MENTAL HEALTH AND able, there is appropriated to the Secretary
opioid overdose reversal medication to indi-
SUBSTANCE USE DISORDER SERV- for fiscal year 2021, out of any money in the
ICES BY HEALTH CARE PROFES- viduals at risk of overdose, connecting indi-
viduals at risk for, or with, a substance use Treasury not otherwise appropriated,
SIONALS.
disorder to overdose education, counseling, $80,000,000, to remain available until ex-
‘‘ ‘(a) IN GENERAL.—In addition to amounts
and health education, and encouraging such pended, for carrying out section 330M of the
otherwise available, there is appropriated to
individuals to take steps to reduce the nega- Public Health Service Act (42 U.S.C. 254c–19).
the Secretary for fiscal year 2021, out of any
tive personal and public health impacts of ‘‘ ‘SEC. 286M. FUNDING FOR EXPANSION GRANTS
money in the Treasury not otherwise appro- FOR CERTIFIED COMMUNITY BE-
priated, $20,000,000, to remain available until substance use or misuse.
HAVIORAL HEALTH CLINICS.
expended, for the purpose described in sub- ‘‘ ‘SEC. 286G. FUNDING FOR COMMUNITY-BASED
FUNDING FOR LOCAL BEHAVIORAL
‘‘ ‘In addition to amounts otherwise avail-
section (b). able, there is appropriated to the Secretary,
‘‘ ‘(b) USE OF FUNDS.—The Secretary, act- HEALTH NEEDS.
‘‘ ‘(a) IN GENERAL.—In addition to amounts acting through the Assistant Secretary for
ing through the Director of the Centers for
otherwise available, there is appropriated to Mental Health and Substance Use, for fiscal
Disease Control and Prevention and in con-
the Secretary for fiscal year 2021, out of any year 2021, out of any money in the Treasury
sultation with the medical professional com-
money in the Treasury not otherwise appro- not otherwise appropriated, $420,000,000, to
munity, shall use amounts appropriated by
priated, $50,000,000, to remain available until remain available until expended, for grants
subsection (a) to carry out a national evi-
dence-based education and awareness cam- expended, to carry out the purpose described to communities and community organiza-
paign directed at health care professionals in subsection (b). tions that meet the criteria for Certified
and first responders (such as emergency med- ‘‘ ‘(b) USE OF FUNDS.— Community Behavioral Health Clinics pursu-
ical service providers), and employers of ‘‘ ‘(1) IN GENERAL.—The Secretary, acting ant to section 223(a) of the Protecting Access
such professionals and first responders. Such through the Assistant Secretary for Mental to Medicare Act of 2014 (42 U.S.C. 1396a note).
awareness campaign shall— Health and Substance Use, shall award ’.
‘‘ ‘(1) encourage primary prevention of grants to State, local, Tribal, and territorial Subtitle E—Reduced Cost Sharing
mental health conditions and substance use governments, Tribal organizations, nonprofit SEC. 2401. REDUCED COST-SHARING.
disorders and secondary and tertiary preven- community-based entities, and primary care (a) IN GENERAL.—Section 1402 of the Pa-

ctelli on DSK11ZRN23PROD with SENATE
tion by encouraging health care profes- and behavioral health organizations to ad- tient Protection and Affordable Care Act is
sionals to seek support and treatment for dress increased community behavioral amended by redesignating subsection (f) as
their own mental health and substance use health needs worsened by the COVID–19 pub- subsection (g) and by inserting after sub-
concerns; and lic health emergency. section (e) the following new subsection:
‘‘ ‘(2) help such professionals to identify ‘‘ ‘(2) USE OF GRANT FUNDS.—Grant funds ‘‘(f) SPECIAL RULE FOR INDIVIDUALS WHO
risk factors in themselves and others and re- awarded under this section to eligible enti- RECEIVE UNEMPLOYMENT COMPENSATION DUR-
spond to such risks. ties shall be used for promoting care coordi- ING 2021.—For purposes of this section, in the

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S1300 CONGRESSIONAL RECORD — SENATE March 5, 2021
case of an individual who has received, or ‘‘ ‘(5) construct temporary or permanent SA 1037. Mr. JOHNSON submitted an
has been approved to receive, unemployment structures to provide health care services, amendment intended to be proposed to
compensation for any week beginning during including vaccine administration or testing; amendment SA 891 proposed by Mr.
2021, for the plan year in which such week be- ‘‘ ‘(6) support staffing needs for vaccine ad-
gins— SCHUMER (for himself, Mr. WYDEN, Mrs.
ministration or testing; and
‘‘(1) such individual shall be treated as ‘‘ ‘(7) engage in any other efforts to support MURRAY, Mr. BROWN, Mr. PETERS, Mr.
meeting the requirements of subsection rural development determined to be critical CARDIN, Ms. CANTWELL, Ms. STABENOW,
(b)(2), and to address the COVID–19 pandemic, including Mr. TESTER, Mr. MENENDEZ, Mr.
‘‘(2) for purposes of subsections (c) and (d), nutritional assistance to vulnerable individ- SCHATZ, Mr. CARPER, Mr. LEAHY, and
there shall not be taken into account any uals, as approved by the Secretary. Mr. SANDERS) to the bill H.R. 1319, to
household income of the individual in excess ‘‘(c) FUNDING.—In addition to amounts oth- provide for reconciliation pursuant to
of 133 percent of the poverty line for a family erwise available, there is appropriated to the
title II of S. Con. Res. 5; which was or-
of the size involved.’’. Secretary for fiscal year 2021, out of any
(b) EFFECTIVE DATE.—The amendment money in the Treasury not otherwise appro- dered to lie on the table; as follows:
made by this section shall apply to plan priated, $500,000,000, to remain available On page 21 of the amendment, line 7, strike
years beginning after December 31, 2020. until September 30, 2023, to carry out this ‘‘$800,000,000’’ and insert ‘‘$128,000,000’’.
section, of which not more than 3 percent
SA 1032. Mr. WICKER (for himself, may be used by the Secretary for adminis- SA 1038. Mr. JOHNSON submitted an
Mr. LANKFORD, and Mr. DAINES) sub- trative purposes and not more than 2 percent amendment intended to be proposed to
mitted an amendment intended to be may be used by the Secretary for technical amendment SA 891 proposed by Mr.
proposed to amendment SA 891 pro- assistance as defined in section 306(a)(26).’’. SCHUMER (for himself, Mr. WYDEN, Mrs.
posed by Mr. SCHUMER (for himself, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. SA 1033. Mr. JOHNSON submitted an
amendment intended to be proposed to CARDIN, Ms. CANTWELL, Ms. STABENOW,
PETERS, Mr. CARDIN, Ms. CANTWELL, Mr. TESTER, Mr. MENENDEZ, Mr.
Ms. STABENOW, Mr. TESTER, Mr. amendment SA 891 proposed by Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHATZ, Mr. CARPER, Mr. LEAHY, and
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. SANDERS) to the bill H.R. 1319, to
Mr. LEAHY, and Mr. SANDERS) to the MURRAY, Mr. BROWN, Mr. PETERS, Mr.
CARDIN, Ms. CANTWELL, Ms. STABENOW, provide for reconciliation pursuant to
bill H.R. 1319, to provide for reconcili- title II of S. Con. Res. 5; which was or-
ation pursuant to title II of S. Con. Mr. TESTER, Mr. MENENDEZ, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and dered to lie on the table; as follows:
Res. 5; which was ordered to lie on the
Mr. SANDERS) to the bill H.R. 1319, to On page 21 of the amendment, line 22,
table; as follows: strike ‘‘$1,150,000,000’’ and insert
Strike section 1002 and insert the fol- provide for reconciliation pursuant to
‘‘$345,000,000’’.
lowing: title II of S. Con. Res. 5; which was or-
SEC. 1002. EMERGENCY RURAL DEVELOPMENT dered to lie on the table; as follows: SA 1039. Mr. JOHNSON submitted an
GRANTS FOR RURAL HEALTH CARE. On page 10 of the amendment, line 10 amendment intended to be proposed to
Section 301 of division BB of the Consoli- ‘‘$4,000,000,000’’ and insert ‘‘$3,744,000,000’’.
dated Appropriations Act, 2021 is amended by amendment SA 891 proposed by Mr.
adding at the end the following new sub- SA 1034. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
section: amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(f) EMERGENCY GRANTS FOR RURAL amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
HEALTH CARE.—Subtitle A of the Consoli- Mr. TESTER, Mr. MENENDEZ, Mr.
dated Farm and Rural Development Act is
SCHUMER (for himself, Mr. WYDEN, Mrs.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amended by inserting after section 306E (7
U.S.C. 1926e) the following: CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
‘‘ ‘SEC. 306F. EMERGENCY RURAL DEVELOPMENT Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
GRANTS FOR RURAL HEALTH CARE. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
‘‘ ‘(a) GRANTS.—The Secretary of Agri- Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
culture (in this section referred to as the provide for reconciliation pursuant to On page 23 of the amendment, line 14 strike
‘‘Secretary’’) shall use the funds made avail- ‘‘$75,000,000’’ and insert ‘‘$3,000,000’’.
able by this section to establish an emer-
title II of S. Con. Res. 5; which was or-
gency pilot program for rural development dered to lie on the table; as follows:
SA 1040. Mr. JOHNSON submitted an
not later than 150 days after the date of en- On page of the amendment, line 24
‘‘$500,000,000’’ and insert ‘‘$200,000,000’’.
amendment intended to be proposed to
actment of this section to provide grants to
eligible applicants (as defined in section
amendment SA 891 proposed by Mr.
3570.61(a) of title 7, Code of Federal Regula- SA 1035. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
tions) to be awarded by the Secretary based amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
on rural development needs related to the amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
COVID–19 pandemic. SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
‘‘ ‘(b) USES.—An eligible applicant to whom MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
a grant is awarded under this section may
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
use the grant funds for costs, including those
incurred prior to the issuance of the grant, Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
as determined by the Secretary, of facilities SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con Res. 5; which was or-
which primarily serve rural areas (as defined Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
in section 343(a)(13)(C)), which are located in provide for reconciliation pursuant to On page 24 of the amendment, line 24,
a rural area, the median household income of title II of S. Con. Res. 5; which was or- strike ‘‘$1,000,000,000’’ and insert
the population to be served by which is less dered to lie on the table; as follows: ‘‘$500,000,000’’.
than the greater of the poverty line or the
On page 15 of the amendment, line 9, strike
applicable percentage (determined under sec- SA 1041. Mr. JOHNSON submitted an
‘‘$47,500,000’’ and insert ‘‘$41,000,000’’.
tion 3570.63(b) of title 7, Code of Federal Reg- amendment intended to be proposed to
ulations) of the State nonmetropolitan me- SA 1036. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr.
dian household income, and for which the
performance of any construction work com-
amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs.
pleted with grant funds shall meet the condi- amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
tion set forth in section 9003(f) of the Farm SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW,
Security and Rural Investment Act of 2002 (7 MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
U.S.C. 8103(f)), to— CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and
‘‘ ‘(1) increase capacity for vaccine dis- Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to
tribution; SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to
‘‘ ‘(2) provide medical supplies to increase
Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or-

ctelli on DSK11ZRN23PROD with SENATE
medical surge capacity;
‘‘ ‘(3) reimburse for revenue lost during the provide for reconciliation pursuant to dered to lie on the table; as follows:
COVID–19 pandemic, including revenue losses title II of S. Con. Res. 5; which was or- On page 25 of the amendment, line 10,
incurred prior to the awarding of the grant; dered to lie on the table; as follows: strike ‘‘$37,000,000’’ and insert ‘‘$11,000,000’’.
‘‘ ‘(4) increase telehealth capabilities, in- On page 17 of the amendment, line 21,
cluding underlying health care information strike ‘‘$1,010,000,000’’ and insert SA 1042. Mr. JOHNSON submitted an
systems; ‘‘$475,000,000’’. amendment intended to be proposed to

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1301
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to On page 54 of the amendment, line 8, strike
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- ‘‘$91,130,000’’ and insert ‘‘$9,000,000’’.
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
provide for reconciliation pursuant to On page 58 of the amendment, line 22, SA 1053. Mr. JOHNSON submitted an
title II of S. Con. Res. 5; which was or- strike ‘‘$135,000,000’’ and insert ‘‘$30,000,000’’. amendment intended to be proposed to
dered to lie on the table; as follows: amendment SA 891 proposed by Mr.
On page 28 of the amendment, line 21, SA 1048. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
strike ‘‘$390,000,000’’ and insert ‘‘$59,000,000’’. amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SA 1043. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to On page 55 of the amendment, line 24,
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- strike ‘‘$100,000,000’’ and insert ‘‘$1,000,000’’.
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
provide for reconciliation pursuant to On page 60 of the amendment, line 16, SA 1054. Mr. JOHNSON submitted an
title II of S. Con. Res. 5; which was or- strike ‘‘$200,000,000’’ and insert ‘‘$97,000,000’’. amendment intended to be proposed to
dered to lie on the table; as follows: amendment SA 891 proposed by Mr.
On page 33 of the amendment, line 12, SA 1049. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
strike ‘‘$125,804,800,000’’ and insert amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘$6,427,000,000’’. amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
SA 1044. Mr. JOHNSON submitted an MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment intended to be proposed to CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
amendment SA 891 proposed by Mr. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
CARDIN, Ms. CANTWELL, Ms. STABENOW, provide for reconciliation pursuant to On page 63 of the amendment, line 20,
Mr. TESTER, Mr. MENENDEZ, Mr. title II of S. Con. Res. 5; which was or- strike ‘‘$23,975,000,000’’ and insert
SCHATZ, Mr. CARPER, Mr. LEAHY, and dered to lie on the table; as follows: ‘‘$4,555,000,000’’.
Mr. SANDERS) to the bill H.R. 1319, to On page 61 of the amendment, line 21,
provide for reconciliation pursuant to strike ‘‘$14,990,000,000’’ and insert SA 1055. Mr. JOHNSON submitted an
title II of S. Con. Res. 5; which was or- ‘‘$2,998,000,000’’. amendment intended to be proposed to
dered to lie on the table; as follows: amendment SA 891 proposed by Mr.
On page 44 of the amendment, line 5, strike SA 1050. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘$39,584,570,000’’ and insert ‘‘$5,938,000,000’’. amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SA 1045. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to On page 69 of the amendment, line 22,
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- strike ‘‘$1,000,000,000’’ and insert
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: ‘‘$300,000,000’’.
provide for reconciliation pursuant to On page 62 of the amendment, line 16,
title II of S. Con. Res. 5; which was or- strike ‘‘$35,000,000’’ and insert ‘‘$4,000,000’’. SA 1056. Mr. JOHNSON submitted an
dered to lie on the table; as follows: amendment intended to be proposed to
On page 56 of the amendment, line 13, SA 1051. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr.
strike ‘‘$15,000,000’’ and insert ‘‘$1,000,000’’. amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SA 1046. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or-
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to dered to lie on the table; as follows:
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- On page 75 of the amendment, line 9, strike
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: ‘‘$852,000,000’’ and insert ‘‘$200,000,000’’.
provide for reconciliation pursuant to On page 53 of the amendment, line 8, strike
title II of S. Con. Res. 5; which was or- ‘‘$850,000,000’’ and insert ‘‘$43,000,000’’. SA 1057. Mr. JOHNSON submitted an
dered to lie on the table; as follows: amendment intended to be proposed to
On page 57 of the amendment, line 25, SA 1052. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr.
strike ‘‘$135,000,000’’ and insert ‘‘$30,000,000’’. amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs.

ctelli on DSK11ZRN23PROD with SENATE
amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SA 1047. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to

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S1302 CONGRESSIONAL RECORD — SENATE March 5, 2021
title II of S. Con. Res. 5; which was or- On page 90 of the amendment, line 11, SA 1068. Mr. JOHNSON submitted an
dered to lie on the table; as follows: strike ‘‘750,000,000’’ and insert ‘‘$150,000,000’’. amendment intended to be proposed to
On page 78 of the amendment, line 22, amendment SA 891 proposed by Mr.
strike ‘‘$7,500,000’’ and insert ‘‘$1,500,000,000’’.
SA 1063. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SA 1058. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to
On page 77 of the amendment, line 7, strike
Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or- ‘‘$200,000,000’’ and insert ‘‘$46,000,000’’.
provide for reconciliation pursuant to dered to lie on the table; as follows:
title II of S. Con. Res. 5; which was or- On page 90 of the amendment, line 24, SA 1069. Mr. JOHNSON submitted an
dered to lie on the table; as follows: strike ‘‘$500,000,000’’ and insert ‘‘$100,000,000’’. amendment intended to be proposed to
On page 82 of the amendment, line 18, amendment SA 891 proposed by Mr.
strike ‘‘1,000,000,000’’ and insert SA 1064. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘$200,000,000’’. amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SA 1059. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
On page 97 of the amendment, line 19,
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- strike ‘‘$330,000,000’’ and insert ‘‘$66,000,000’’.
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
provide for reconciliation pursuant to On page 91 of the amendment, line 17, SA 1070. Mr. JOHNSON submitted an
title II of S. Con. Res. 5; which was or- strike ‘‘$7,660,000,000’’ and insert amendment intended to be proposed to
dered to lie on the table; as follows: ‘‘$1,532,000,000’’. amendment SA 891 proposed by Mr.
On page 83 of the amendment, line 18, SCHUMER (for himself, Mr. WYDEN, Mrs.
strike ‘‘$6,050,000,000’’ and insert SA 1065. Mr. JOHNSON submitted an
MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘$2,033,000,000’’. amendment intended to be proposed to
CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment SA 891 proposed by Mr.
Mr. TESTER, Mr. MENENDEZ, Mr.
SA 1060. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Mr. SANDERS) to the bill H.R. 1319, to
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
provide for reconciliation pursuant to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
title II of S. Con. Res. 5; which was or-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
dered to lie on the table; as follows:
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
On page 99 of the amendment, line 25,
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
strike ‘‘$1,500,000,000’’ and insert
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- ‘‘$315,000,000’’.
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
provide for reconciliation pursuant to On page 93 of the amendment, line 11, SA 1071. Mr. JOHNSON submitted an
title II of S. Con. Res. 5; which was or- strike ‘‘$100,000,000’’ and insert ‘‘$20,000,000’’. amendment intended to be proposed to
dered to lie on the table; as follows: amendment SA 891 proposed by Mr.
On page 84 of the amendment, line 9, strike SA 1066. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘$500,000,000’’ and insert ‘‘$165,000,000’’. amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SA 1061. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to On page 100 of the amendment, line 15,
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- strike ‘‘$1,500,000,000’’ and insert
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: ‘‘$315,000,000’’.
provide for reconciliation pursuant to On page 93 of the amendment, line 22,
title II of S. Con. Res. 5; which was or- strike ‘‘$7,600,000,000’’ and insert SA 1072. Mr. JOHNSON submitted an
dered to lie on the table; as follows: ‘‘$1,520,000,000’’. amendment intended to be proposed to
On page 89 of the amendment, line 1, strike amendment SA 891 proposed by Mr.
‘‘$1,750,000,000’’ and insert ‘‘$350,000,000’’. SA 1067. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SA 1062. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-

ctelli on DSK11ZRN23PROD with SENATE
Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to On page 101 of the amendment, line 9,
Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or- strike ‘‘$80,000,000’’ and insert ‘‘$18,000,000’’.
provide for reconciliation pursuant to dered to lie on the table; as follows:
title II of S. Con. Res. 5; which was or- On page 96 of the amendment, line 6, strike SA 1073. Mr. JOHNSON submitted an
dered to lie on the table; as follows: ‘‘$800,000,000’’ and insert ‘‘$160,000,000’’. amendment intended to be proposed to

VerDate Sep 11 2014 09:39 Mar 07, 2021 Jkt 019060 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\CR\FM\A05MR6.134 S05MRPT1
March 5, 2021 CONGRESSIONAL RECORD — SENATE S1303
amendment SA 891 proposed by Mr. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to
CARDIN, Ms. CANTWELL, Ms. STABENOW, provide for reconciliation pursuant to provide for reconciliation pursuant to
Mr. TESTER, Mr. MENENDEZ, Mr. title II of S. Con. Res. 5; which was or- title II of S. Con. Res. 5; which was or-
SCHATZ, Mr. CARPER, Mr. LEAHY, and dered to lie on the table; as follows: dered to lie on the table; as follows:
Mr. SANDERS) to the bill H.R. 1319, to On page 114 of the amendment, line 18, On page 134 of the amendment, line 16,
provide for reconciliation pursuant to strike ‘‘$4,500,000,000’’ and insert strike ‘‘$5,000,000,000’’ and insert
title II of S. Con. Res. 5; which was or- ‘‘$1.508,000,000’’. ‘‘$250,000,000’’.
dered to lie on the table; as follows:
On page 102 of the amendment, line 20, SA 1079. Mr. JOHNSON submitted an SA 1084. Mr. JOHNSON submitted an
strike ‘‘$20,000,000’’ and insert ‘‘$4,000,000’’. amendment intended to be proposed to amendment intended to be proposed to
amendment SA 891 proposed by Mr. amendment SA 891 proposed by Mr.
SA 1074. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to provide for reconciliation pursuant to
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- title II of S. Con. Res. 5; which was or-
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: dered to lie on the table; as follows:
provide for reconciliation pursuant to On page 115 of the amendment, line 11, On page 138 of the amendment, line 22,
title II of S. Con. Res. 5; which was or- strike ‘‘$500,000,000’’ and insert ‘‘$50,000,000’’. strike ‘‘$100,000,000’’ and insert ‘‘$35,000,000’’.
dered to lie on the table; as follows:
On page 103 of the amendment, line 13, SA 1080. Mr. JOHNSON submitted an SA 1085. Mr. JOHNSON submitted an
strike ‘‘$40,000,000’’ and insert ‘‘$9,000,000’’. amendment intended to be proposed to amendment intended to be proposed to
amendment SA 891 proposed by Mr. amendment SA 891 proposed by Mr.
SA 1075. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to provide for reconciliation pursuant to
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- title II of S. Con. Res. 5; which was or-
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: dered to lie on the table; as follows:
provide for reconciliation pursuant to On page 716 of the amendment, line 18, On page 141 of the amendment, line 11,
title II of S. Con. Res. 5; which was or- strike ‘‘$1,444,000,000’’ and insert strike ‘‘$5,000,000,000’’ and insert ‘‘$0’’.
dered to lie on the table; as follows: ‘‘$745,000,000’’.
On page 104 of the amendment, line 7, SA 1086. Mr. JOHNSON submitted an
strike ‘‘$30,000,000’’ and insert ‘‘$6,000,000’’. SA 1081. Mr. JOHNSON submitted an amendment intended to be proposed to
amendment intended to be proposed to amendment SA 891 proposed by Mr.
SA 1076. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SANDERS) to the bill H.R. 1319, to
Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to provide for reconciliation pursuant to
SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to title II of S. Con. Res. 5; which was or-
Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or- dered to lie on the table; as follows:
provide for reconciliation pursuant to dered to lie on the table; as follows: On page 147 of the amendment, line 4,
title II of S. Con. Res. 5; which was or- On page 121 of the amendment, line 1, strike ‘‘$9,961,000,000’’ and insert
dered to lie on the table; as follows: strike ‘‘$10,000,000,000’’ and insert ‘‘$9,925,000,000’’.
On page 105 of the amendment, line 13, ‘‘$2,600,000,000’’.
strike ‘‘$50,000,000’’ and insert ‘‘$9,000,000’’. SA 1087. Mr. JOHNSON submitted an
SA 1082. Mr. JOHNSON submitted an amendment intended to be proposed to
SA 1077. Mr. JOHNSON submitted an amendment intended to be proposed to amendment SA 891 proposed by Mr.
amendment intended to be proposed to amendment SA 891 proposed by Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment SA 891 proposed by Mr. SCHUMER (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
MURRAY, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
Mr. TESTER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SANDERS) to the bill H.R. 1319, to
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SANDERS) to the bill H.R. 1319, to provide for reconciliation pursuant to
Mr. SANDERS) to the bill H.R. 1319, to provide for reconciliation pursuant to title II of S. Con. Res. 5; which was or-
provide for reconciliation pursuant to title II of S. Con. Res. 5; which was or- dered to lie on the table; as follows:
title II of S. Con. Res. 5; which was or- dered to lie on the table; as follows: On page 156 of the amendment, line 24,
dered to lie on the table; as follows: On page 123 of the amendment, line 10, strike ‘‘$39,000,000’’ and insert ‘‘$29,000,000’’.
On page 107 of the amendment, line 21, strike ‘‘$21,550,000,000’’ and insert
strike ‘‘$100,000,000’’ and insert ‘‘$23,000,000’’. ‘‘$12,025,000,000’’. SA 1088. Mr. JOHNSON submitted an
amendment intended to be proposed to

ctelli on DSK11ZRN23PROD with SENATE
SA 1078. Mr. JOHNSON submitted an SA 1083. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr.
amendment intended to be proposed to amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment SA 891 proposed by Mr. amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW,
MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and

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S1304 CONGRESSIONAL RECORD — SENATE March 5, 2021
Mr. SANDERS) to the bill H.R. 1319, to (B) in subparagraph (A)(ii), by striking 9024(c)) is repealed and such section shall be
provide for reconciliation pursuant to ‘‘March 14, 2021’’ and inserting ‘‘July 18, applied to weeks of unemployment to which
title II of S. Con. Res. 5; which was or- 2021’’; and an agreement under section 2105 of such Act
(2) by striking paragraph (3) and redesig- applies as if such paragraph had not been en-
dered to lie on the table; as follows:
nating paragraph (4) as paragraph (3). acted.
On page 163 of the amendment, line 14, (b) INCREASE IN NUMBER OF WEEKS.—Sec- SEC. 9015. EXTENSION OF EMERGENCY STATE
strike ‘‘$10,000,000,000’’ and insert tion 2102(c)(2) of such Act (15 U.S.C. STAFFING FLEXIBILITY.
‘‘$825,000,000’’. 9021(c)(2)) is amended— If a State modifies its unemployment com-
(1) by striking ‘‘50 weeks’’ and inserting pensation law and policies, subject to the
SA 1089. Mr. JOHNSON submitted an ‘‘74 weeks’’; and succeeding sentence, with respect to per-
amendment intended to be proposed to (2) by striking ‘‘50-week period’’ and insert- sonnel standards on a merit basis on an
amendment SA 891 proposed by Mr. ing ‘‘74-week period’’. emergency temporary basis as needed to re-
SCHUMER (for himself, Mr. WYDEN, Mrs. (c) HOLD HARMLESS FOR PROPER ADMINIS- spond to the spread of COVID–19, such modi-
TRATION.—In the case of an individual who is
MURRAY, Mr. BROWN, Mr. PETERS, Mr. fications shall be disregarded for the pur-
eligible to receive pandemic unemployment poses of applying section 303 of the Social
CARDIN, Ms. CANTWELL, Ms. STABENOW, assistance under section 2102 of the CARES
Mr. TESTER, Mr. MENENDEZ, Mr. Security Act and section 3304 of the Internal
Act (15 U.S.C. 9021) as of the day before the Revenue Code of 1986 to such State law. Such
SCHATZ, Mr. CARPER, Mr. LEAHY, and date of enactment of this Act and on the modifications shall only apply through July
Mr. SANDERS) to the bill H.R. 1319, to date of enactment of this Act becomes eligi- 18, 2021, and shall be limited to engaging of
provide for reconciliation pursuant to ble for pandemic emergency unemployment temporary staff, rehiring of retirees or
title II of S. Con. Res. 5; which was or- compensation under section 2107 of the former employees on a non-competitive
dered to lie on the table; as follows: CARES Act (15 U.S.C. 9025) by reason of the
basis, and other temporary actions to quick-
amendments made by section 9016(b) of this
On page 172 of the amendment, line 4, ly process applications and claims.
title, any payment of pandemic unemploy-
strike ‘‘$30,461,355,534’’ and insert ment assistance under such section 2102 SEC. 9016.
EXTENSION OF PANDEMIC EMER-
‘‘$10,100,000,000’’. GENCY UNEMPLOYMENT COM-
made after the date of enactment of this Act PENSATION.
to such individual during an appropriate pe-
SA 1090. Mr. JOHNSON submitted an riod of time, as determined by the Secretary
(a) IN GENERAL.—Section 2107(g) of the
amendment intended to be proposed to CARES Act (15 U.S.C. 9025(g)) is amended to
of Labor, that should have been made under
amendment SA 891 proposed by Mr. read as follows:
such section 2107 shall not be considered to
‘‘(g) APPLICABILITY.—An agreement en-
SCHUMER (for himself, Mr. WYDEN, Mrs. be an overpayment of assistance under such
tered into under this section shall apply to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. section 2102, except that an individual may
weeks of unemployment—
CARDIN, Ms. CANTWELL, Ms. STABENOW, not receive payment for assistance under
‘‘(1) beginning after the date on which such
Mr. TESTER, Mr. MENENDEZ, Mr. section 2102 and a payment for assistance
agreement is entered into; and
under section 2107 for the same week of un-
SCHATZ, Mr. CARPER, Mr. LEAHY, and employment.
‘‘(2) ending on or before July 18, 2021.’’.
Mr. SANDERS) to the bill H.R. 1319, to (d) EFFECTIVE DATE.—The amendments (b) INCREASE IN NUMBER OF WEEKS.—Sec-
provide for reconciliation pursuant to made by subsections (a) and (b) shall apply tion 2107(b)(2) of such Act (15 U.S.C.
title II of S. Con. Res. 5; which was or- as if included in the enactment of the 9025(b)(2)) is amended by striking ‘‘24’’ and
CARES Act (Public Law 116–136), except that inserting ‘‘48’’.
dered to lie on the table; as follows: (c) COORDINATION OF PANDEMIC EMERGENCY
On page 186 of the amendment, line 15, no amount shall be payable by virtue of such
amendments with respect to any week of un- UNEMPLOYMENT COMPENSATION WITH EX-
strike ‘‘$570,000,000’’ and insert ‘‘$230,000,000’’.
TENDED COMPENSATION.—Section 2107(a)(5)(B)
employment commencing before the date of
the enactment of this Act. of such Act (15 U.S.C. 9025(a)(5)(B)) is amend-
SA 1091. Mr. JOHNSON submitted an ed by inserting ‘‘or for the week that in-
SEC. 9012. EXTENSION OF EMERGENCY UNEM-
amendment intended to be proposed to PLOYMENT RELIEF FOR GOVERN- cludes the date of enactment of the Amer-
amendment SA 891 proposed by Mr. MENTAL ENTITIES AND NONPROFIT ican Rescue Plan Act of 2021 (without regard
SCHUMER (for himself, Mr. WYDEN, Mrs. ORGANIZATIONS. to the amendments made by subsections (a)
MURRAY, Mr. BROWN, Mr. PETERS, Mr. (a) IN GENERAL.—Section 903(i)(1)(D) of the and (b) of section 9016 of such Act)’’ after
CARDIN, Ms. CANTWELL, Ms. STABENOW, Social Security Act (42 U.S.C. 1103(i)(1)(D)) is ‘‘2020)’’.
Mr. TESTER, Mr. MENENDEZ, Mr. amended by striking ‘‘March 14, 2021’’ and in- (d) EFFECTIVE DATE.—The amendments
serting ‘‘July 18, 2021’’. made by this section shall apply as if in-
SCHATZ, Mr. CARPER, Mr. LEAHY, and (b) INCREASE IN REIMBURSEMENT RATE.— cluded in the enactment of the CARES Act
Mr. SANDERS) to the bill H.R. 1319, to Section 903(i)(1)(B) of such Act (42 U.S.C. (Public Law 116–136), except that no amount
provide for reconciliation pursuant to 1103(i)(1)(B)) is amended— shall be payable by virtue of such amend-
title II of S. Con. Res. 5; which was or- (1) in the first sentence, by inserting ‘‘and ments with respect to any week of unem-
dered to lie on the table; as follows: except as otherwise provided in this subpara- ployment commencing before the date of the
On page 191 of the amendment, line 15, graph’’ after ‘‘as determined by the Sec- enactment of this Act.
strike ‘‘$50,000,000,000’’ and insert retary of Labor’’; and SEC. 9017. EXTENSION OF TEMPORARY FINANC-
‘‘$11,480,000,000’’. (2) by inserting after the first sentence the ING OF SHORT-TIME COMPENSATION
following: ‘‘With respect to the amounts of PAYMENTS IN STATES WITH PRO-
such compensation paid for weeks of unem- GRAMS IN LAW.
SA 1092. Mr. PORTMAN (for himself,
ployment beginning after March 31, 2021, and Section 2108(b)(2) of the CARES Act (15
Mr. BRAUN, Mr. CASSIDY, Mr. YOUNG, U.S.C. 9026(b)(2)) is amended by striking
ending on or before July 18, 2021, the pre-
Ms. COLLINS, Ms. MURKOWSKI, Mr. ROM- ceding sentence shall be applied by sub- ‘‘March 14, 2021’’ and inserting ‘‘July 18,
NEY, Mr. ROUNDS, Mr. TILLIS, and Mrs. stituting ‘75 percent’ for ‘one-half’.’’. 2021’’.
CAPITO) proposed an amendment to SEC. 9013. EXTENSION OF FEDERAL PANDEMIC SEC. 9018. EXTENSION OF TEMPORARY FINANC-
amendment SA 891 proposed by Mr. UNEMPLOYMENT COMPENSATION. ING OF SHORT-TIME COMPENSATION
SCHUMER (for himself, Mr. WYDEN, Mrs. (a) IN GENERAL.—Section 2104(e)(2) of the AGREEMENTS FOR STATES WITHOUT
CARES Act (15 U.S.C. 9023(e)(2)) is amended PROGRAMS IN LAW.
MURRAY, Mr. BROWN, Mr. PETERS, Mr.
by striking ‘‘March 14, 2021’’ and inserting Section 2109(d)(2) of the CARES Act (15
CARDIN, Ms. CANTWELL, Ms. STABENOW, U.S.C. 9027(d)(2)) is amended by striking
‘‘July 18, 2021’’.
Mr. TESTER, Mr. MENENDEZ, Mr. (b) AMOUNT.—Section 2104(b)(3)(A) of such ‘‘March 14, 2021’’ and inserting ‘‘July 18,
SCHATZ, Mr. CARPER, Mr. LEAHY, and Act (15 U.S.C. 9023(b)(3)(A)) is amended by 2021’’.
Mr. SANDERS) to the bill H.R. 1319, to adding at the end the following: PART 2—EXTENSION OF FFCRA
provide for reconciliation pursuant to ‘‘(iii) For weeks of unemployment ending UNEMPLOYMENT PROVISIONS
title II of S. Con. Res. 5; as follows: after March 14, 2021, and ending on or before
SEC. 9021. EXTENSION OF TEMPORARY ASSIST-
Strike parts 1 and 2 of subtitle A of title IX July 18, 2021, $300.’’. ANCE FOR STATES WITH ADVANCES.
and insert the following: SEC. 9014. EXTENSION OF FULL FEDERAL FUND-
Section 1202(b)(10)(A) of the Social Secu-
ING OF THE FIRST WEEK OF COM-
PART 1—EXTENSION OF CARES ACT rity Act (42 U.S.C. 1322(b)(10)(A)) is amended
PENSABLE REGULAR UNEMPLOY-
UNEMPLOYMENT PROVISIONS MENT FOR STATES WITH NO WAIT- by striking ‘‘March 14, 2021’’ and inserting

ctelli on DSK11ZRN23PROD with SENATE
SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY- ING WEEK. ‘‘July 18, 2021’’.
MENT ASSISTANCE. (a) IN GENERAL.—Section 2105(e)(2) of the SEC. 9022. EXTENSION OF FULL FEDERAL FUND-
(a) IN GENERAL.—Section 2102(c) of the CARES Act (15 U.S.C. 9024(e)(2)) is amended ING OF EXTENDED UNEMPLOYMENT
CARES Act (15 U.S.C. 9021(c)) is amended— by striking ‘‘March 14, 2021’’ and inserting COMPENSATION.
(1) in paragraph (1)— ‘‘July 18, 2021’’. Section 4105 of the Families First
(A) by striking ‘‘paragraphs (2) and (3)’’ (b) FULL REIMBURSEMENT.—Paragraph (3) Coronavirus Response Act (26 U.S.C. 3304
and inserting ‘‘paragraph (2)’’; and of section 2105(c) of such Act (15 U.S.C. note) is amended by striking ‘‘March 14,

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1305
2021’’ each place it appears and inserting amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
‘‘July 18, 2021’’. SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
SA 1093. Mr. JOHNSON submitted an
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
amendment intended to be proposed to
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
amendment SA 891 proposed by Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
SCHUMER (for himself, Mr. WYDEN, Mrs.
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
MURRAY, Mr. BROWN, Mr. PETERS, Mr. On page 231 of the amendment, line 19,
provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW, strike ‘‘$729,611,840’’ and insert ‘‘$607,500,000’’.
title II of S. Con. Res. 5; which was or-
Mr. TESTER, Mr. MENENDEZ, Mr.
dered to lie on the table; as follows:
SCHATZ, Mr. CARPER, Mr. LEAHY, and On page 225 of the amendment, line 20, SA 1104. Mr. JOHNSON submitted an
Mr. SANDERS) to the bill H.R. 1319, to strike ‘‘$460,000,000’’ and insert ‘‘$168,378,000’’. amendment intended to be proposed to
provide for reconciliation pursuant to amendment SA 891 proposed by Mr.
title II of S. Con. Res. 5; which was or- SA 1099. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs.
dered to lie on the table; as follows: amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
On page 205 of the amendment, line 16, amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
strike ‘‘$15,000,000’’ and insert ‘‘$14,800,000’’. SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
SA 1094. Mr. JOHNSON submitted an MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment intended to be proposed to CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
amendment SA 891 proposed by Mr. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
CARDIN, Ms. CANTWELL, Ms. STABENOW, provide for reconciliation pursuant to On page 235 of the amendment, line 11,
Mr. TESTER, Mr. MENENDEZ, Mr. title II of S. Con Res. 5; which was or- strike ‘‘$8,000,000,000’’ and insert
dered to lie on the table; as follows: ‘‘$2,640,000,000’’.
SCHATZ, Mr. CARPER, Mr. LEAHY, and
On page 226 of the amendment, line 18,
Mr. SANDERS) to the bill H.R. 1319, to strike ‘‘$3,000,000,000’’ and insert SA 1105. Mr. JOHNSON submitted an
provide for reconciliation pursuant to ‘‘$750,000,000’’. amendment intended to be proposed to
title II of S. Con. Res. 5; which was or-
amendment SA 891 proposed by Mr.
dered to lie on the table; as follows: SA 1100. Mr. JOHNSON submitted an
On page 221 of the amendment, line 14, SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment intended to be proposed to
strike ‘‘$100,000,000’’ and insert ‘‘$31,430,000’’. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SA 1095. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to On page 255 of the amendment, line 17,
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5. ; which was or- strike ‘‘$3,000,000,000’’ and insert
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: ‘‘$2,000,000,000’’.
provide for reconciliation pursuant to On page 227 of the amendment, line 18,
strike ‘‘$100,000,000’’ and insert ‘‘$10,000,000’’. SA 1106. Mr. JOHNSON submitted an
title II of S. Con. Res. 5; which was or-
dered to lie on the table; as follows: amendment intended to be proposed to
On page 222 of the amendment, line 21, SA 1101. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr.
strike ‘‘$75,000,000’’ and insert ‘‘$23,572,000’’. amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SA 1096. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or-
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to dered to lie on the table; as follows:
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- On page 267 of the amendment, line 19,
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: strike ‘‘$50,000,000’’ and insert ‘‘$4,000,000’’.
provide for reconciliation pursuant to On page 86 of the amendment, line 9, strike
title II of S. Con. Res. 5; which was or- ‘‘$47,800,000,000’’ and insert ‘‘$9,524,000,000’’. SA 1107. Mr. JOHNSON submitted an
dered to lie on the table; as follows: amendment intended to be proposed to
On page 223 of the amendment, line 5, SA 1102. Mr. JOHNSON submitted an amendment SA 891 proposed by Mr.
strike ‘‘$1,250,000,000’’ and insert amendment intended to be proposed to SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘$810,000,000’’. amendment SA 891 proposed by Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SA 1097. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
amendment SA 891 proposed by Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHUMER (for himself, Mr. WYDEN, Mrs. Mr. TESTER, Mr. MENENDEZ, Mr. Mr. SANDERS) to the bill H.R. 1319, to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. SANDERS) to the bill H.R. 1319, to title II of S. Con. Res. 5; which was or-
Mr. TESTER, Mr. MENENDEZ, Mr. provide for reconciliation pursuant to dered to lie on the table; as follows:
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- On page 271 of the amendment, line 14,
dered to lie on the table; as follows: strike ‘‘$7,171,000,000’’ and insert
Mr. SANDERS) to the bill H.R. 1319, to ‘‘$1,140,000,000’’.
On page 231 of the amendment, line 11,
provide for reconciliation pursuant to strike ‘‘$970,388,160’’ and insert ‘‘$742,500,000’’.

ctelli on DSK11ZRN23PROD with SENATE
title II of S. Con. Res. 5; which was or-
SA 1108. Mr. JOHNSON submitted an
dered to lie on the table; as follows:
On page 225 of the amendment, line 10, SA 1103. Mr. JOHNSON submitted an amendment intended to be proposed to
strike ‘‘$840,000,000’’ and insert ‘‘$307,500,000’’. amendment intended to be proposed to amendment SA 891 proposed by Mr.
amendment SA 891 proposed by Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
SA 1098. Mr. JOHNSON submitted an SCHUMER (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment intended to be proposed to MURRAY, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,

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S1306 CONGRESSIONAL RECORD — SENATE March 5, 2021
Mr. TESTER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and Conservation, and Trade Act of 1990 (7 U.S.C.
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SANDERS) to the bill H.R. 1319, to 2279(a))).
Mr. SANDERS) to the bill H.R. 1319, to provide for reconciliation pursuant to (3) SOCIALLY DISADVANTAGED GROUP.—The
term ‘‘socially disadvantaged group’’ has the
provide for reconciliation pursuant to title II of S. Con. Res. 5; which was or- meaning given the term in section 355(e) of
title II of S. Con. Res. 5; which was or- dered to lie on the table; as follows: the Consolidated Farm and Rural Develop-
dered to lie on the table; as follows: On page 532 of the amendment, line 20, ment Act (7 U.S.C. 2003(e)).
On page 276 of the amendment, line 16, strike ‘‘$3,047,000,000’’ and insert
strike ‘‘$150,000,000’’ and insert ‘‘$25,000,000’’. ‘‘$73,000,000’’. SA 1117. Mr. DAINES (for himself
and Mr. LANKFORD) submitted an
SA 1109. Mr. JOHNSON submitted an SA 1114. Mr. JOHNSON submitted an amendment intended to be proposed to
amendment intended to be proposed to amendment intended to be proposed to amendment SA 891 proposed by Mr.
amendment SA 891 proposed by Mr. amendment SA 891 proposed by Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHUMER (for himself, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW, Mr. TESTER, Mr. MENENDEZ, Mr.
Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. SANDERS) to the bill H.R. 1319, to
Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to provide for reconciliation pursuant to
provide for reconciliation pursuant to provide for reconciliation pursuant to title II of S. Con. Res. 5; which was or-
title II of S. Con. Res. 5; which was or- title II of S. Con. Res. 5; which was or- dered to lie on the table; as follows:
dered to lie on the table; as follows: dered to lie on the table; as follows: Strike section 9901 and all that follows
On page 276 of the amendment, line 25, On page 612 of the amendment, line 21, through title X and insert the following:
strike ‘‘$600,000,000’’ and insert ‘‘$100,000,000’’. SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
strike ‘‘$8,675,000,000’’ and insert
CAL RECOVERY FUNDS.
‘‘$1,159,000,000’.
Section 301 of division BB of the Consoli-
SA 1110. Mr. JOHNSON submitted an dated Appropriations Act, 2021, as amended
amendment intended to be proposed to SA 1115. Mr. JOHNSON submitted an by this Act, is amended by adding at the end
amendment SA 891 proposed by Mr. amendment intended to be proposed to the following new subsection:
SCHUMER (for himself, Mr. WYDEN, Mrs. amendment SA 891 proposed by Mr. ‘‘(k) CORONAVIRUS STATE AND LOCAL FISCAL
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs. RECOVERY FUNDS.—
MURRAY, Mr. BROWN, Mr. PETERS, Mr. ‘‘(1) IN GENERAL.—Title VI of the Social Se-
CARDIN, Ms. CANTWELL, Ms. STABENOW, curity Act (42 U.S.C. 801 et seq.) is amended
Mr. TESTER, Mr. MENENDEZ, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
by adding at the end the following:
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘ ‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
Mr. SANDERS) to the bill H.R. 1319, to SCHATZ, Mr. CARPER, Mr. LEAHY, and ERY FUND.
provide for reconciliation pursuant to Mr. SANDERS) to the bill H.R. 1319, to ‘‘ ‘(a) APPROPRIATION.—In addition to
title II of S. Con. Res. 5; which was or- provide for reconciliation pursuant to amounts otherwise available, there is appro-
title II of S. Con. Res. 5; which was or- priated for fiscal year 2021, out of any money
dered to lie on the table; as follows:
dered to lie on the table; as follows: in the Treasury not otherwise appropriated—
On page 301 of the amendment, line 15, ‘‘ ‘(1) $219,800,000,000, to remain available
strike ‘‘$2,000,000,000’’ and insert On page 59 of the amendment, line 19, through December 31, 2024, for making pay-
‘‘602,000,000’’. strike ‘‘$200,000,000’’ and insert ‘‘$16,000,000’’. ments under this section to States, terri-
tories, and Tribal governments to mitigate
SA 1111. Mr. JOHNSON submitted an SA 1116. Mr. TILLIS submitted an the fiscal effects stemming from the public
amendment intended to be proposed to amendment intended to be proposed to health emergency with respect to the
amendment SA 891 proposed by Mr. amendment SA 891 proposed by Mr. Coronavirus Disease (COVID–19); and
SCHUMER (for himself, Mr. WYDEN, Mrs. ‘‘ ‘(2) $50,000,000, to remain available until
SCHUMER (for himself, Mr. WYDEN, Mrs. expended, for the costs of the Secretary for
MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
administration of the funds established
CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW,
under this title.
Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘ ‘(b) AUTHORITY TO MAKE PAYMENTS.—
SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and ‘‘ ‘(1) PAYMENTS TO TERRITORIES.—
Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to ‘‘ ‘(A) IN GENERAL.—The Secretary shall re-
provide for reconciliation pursuant to serve $4,500,000,000 of the amount appro-
provide for reconciliation pursuant to
title II of S. Con. Res. 5; which was or- priated under subsection (a)(1) to make pay-
title II of S. Con. Res. 5; which was or- ments to the territories.
dered to lie on the table; as follows: dered to lie on the table; as follows:
‘‘ ‘(B) ALLOCATION.—Of the amount re-
On page 306 of the amendment, line 19, At the appropriate place, insert the fol- served under subparagraph (A)—
strike ‘‘$1,000,000,000’’ and insert lowing: ‘‘ ‘(i) 50 percent of such amount shall be al-
‘‘$375,000,000’’. On page 17, strike lines 9 through 13 and in- located by the Secretary equally to each ter-
sert the following: ritory; and
(3) SOCIALLY DISADVANTAGED FARMER OR ‘‘ ‘(ii) 50 percent of such amount shall be al-
SA 1112. Mr. JOHNSON submitted an RANCHER.— located by the Secretary as an additional
amendment intended to be proposed to (A) IN GENERAL.—The term ‘‘socially dis- amount to each territory in an amount
amendment SA 891 proposed by Mr. advantaged farmer or rancher’’ has the which bears the same proportion to 1⁄2 of the
SCHUMER (for himself, Mr. WYDEN, Mrs. meaning given the term in section 355(e) of total amount reserved under subparagraph
MURRAY, Mr. BROWN, Mr. PETERS, Mr. the Consolidated Farm and Rural Develop- (A) as the population of the territory bears
CARDIN, Ms. CANTWELL, Ms. STABENOW, ment Act (7 U.S.C. 2003(e)). to the total population of all such terri-
Mr. TESTER, Mr. MENENDEZ, Mr. (B) INCLUSION.—The term ‘‘socially dis- tories.
SCHATZ, Mr. CARPER, Mr. LEAHY, and advantaged farmer or rancher’’ includes a ‘‘ ‘(C) PAYMENT.—The Secretary shall pay
veteran farmer or rancher (as defined in sec- each territory the total of the amounts allo-
Mr. SANDERS) to the bill H.R. 1319, to
tion 2501(a) of the Food, Agriculture, Con- cated for the territory under subparagraph
provide for reconciliation pursuant to servation, and Trade Act of 1990 (7 U.S.C. (B) in accordance with paragraph (6).
title II of S. Con. Res. 5; which was or- 2279(a))). ‘‘ ‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
dered to lie on the table; as follows: On page 20, strike lines 11 through 21 and ‘‘ ‘(A) IN GENERAL.—The Secretary shall re-
On page 313 of the amendment, line 6, insert the following: serve $20,000,000,000 of the amount appro-
strike ‘‘$276,000,000’’ and insert ‘‘$40,000,000’’. (2) SOCIALLY DISADVANTAGED FARMER, priated under subsection (a)(1) to make pay-
RANCHER, OR FOREST LANDOWNER.—The term ments to Tribal governments.
SA 1113. Mr. JOHSON submitted an ‘‘socially disadvantaged farmer, rancher, or ‘‘ ‘(B) ALLOCATION.—Of the amount re-

ctelli on DSK11ZRN23PROD with SENATE
amendment intended to be proposed to forest landowner’’ means a farmer, rancher, served under subparagraph (A)—
or owner or operator of nonindustrial private ‘‘ ‘(i) $1,000,000,000 shall be allocated by the
amendment SA 891 proposed by Mr.
forest land who is— Secretary equally among each of the Tribal
SCHUMER (for himself, Mr. WYDEN, Mrs. (A) a member of a socially disadvantaged governments; and
MURRAY, Mr. BROWN, Mr. PETERS, Mr. group; or ‘‘ ‘(ii) $19,000,000,000 shall be allocated by
CARDIN, Ms. CANTWELL, Ms. STABENOW, (B) a veteran farmer or rancher (as defined the Secretary to the Tribal governments in a
Mr. TESTER, Mr. MENENDEZ, Mr. in section 2501(a) of the Food, Agriculture, manner determined by the Secretary.

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1307
‘‘ ‘(C) PAYMENT.— The Secretary shall pay ‘‘ ‘(6) TIMING.— 603(c)(4), in compliance with subsection (c) of
each Tribal government the total of the ‘‘ ‘(A) IN GENERAL.—To the extent prac- this section.
amounts allocated for the Tribal government ticable, with respect to each State and terri- ‘‘ ‘(2) REPORTING.—Any State, territory, or
under subparagraph (B) in accordance with tory allocated a payment under this sub- Tribal government receiving a payment
paragraph (6). section, the Secretary shall make the pay- under this section shall provide to the Sec-
‘‘ ‘(3) PAYMENTS TO EACH OF THE 50 STATES ment required for the State or territory not retary periodic reports providing a detailed
AND THE DISTRICT OF COLUMBIA.— later than 60 days after the date on which accounting of—
‘‘ ‘(A) IN GENERAL.—The Secretary shall re- the certification required under subsection ‘‘ ‘(A) the uses of funds by such State, terri-
serve $195,300,000,000 of the amount appro- (d)(1) is provided to the Secretary. tory, or Tribal government, including, in the
priated under subsection (a)(1) to make pay- ‘‘ ‘(B) TRIBAL GOVERNMENTS.—To the extent case of a State or a territory, all modifica-
ments to each of the 50 States and the Dis- practicable, with respect to each Tribal gov- tions to the State’s or territory’s tax rev-
trict of Columbia. ernment for which an amount is allocated enue sources during the covered period; and
‘‘ ‘(B) ALLOCATIONS.—Of the amount re- under this subsection, the Secretary shall ‘‘ ‘(B) such other information as the Sec-
served under subparagraph (A)— make the payment required for the Tribal retary may require for the administration of
‘‘ ‘(i) $25,500,000,000 of such amount shall be government not later than 60 days after the this section.
allocated by the Secretary equally among date of enactment of this section. ‘‘ ‘(e) RECOUPMENT.—Any State, territory,
each of the 50 States and the District of Co- ‘‘ ‘(C) INITIAL PAYMENT TO DISTRICT OF CO- or Tribal government that has failed to com-
lumbia; LUMBIA.—The Secretary shall pay the ply with subsection (c) shall be required to
‘‘ ‘(ii) an amount equal to $1,250,000,000 less amount allocated under paragraph (3)(B)(ii) repay to the Secretary an amount equal to
the amount allocated for the District of Co- to the District of Columbia not later than 15 the amount of funds used in violation of such
lumbia pursuant to section 601(c)(6) shall be days after the date of enactment of this sec- subsection, provided that, in the case of a
allocated by the Secretary as an additional tion. violation of subsection (c)(2)(A), the amount
‘‘ ‘(c) REQUIREMENTS.— the State or territory shall be required to
amount to the District of Columbia; and
‘‘ ‘(1) USE OF FUNDS.—Subject to paragraph repay shall be lesser of—
‘‘ ‘(iii) an amount equal to the remainder of
(2), and except as provided in paragraph (3), ‘‘ ‘(1) the amount of the applicable reduc-
the amount reserved under subparagraph (A)
a State, territory, or Tribal government tion to net tax revenue attributable to such
after the application of clauses (i) and (ii) of
shall only use the funds provided under a violation; and
this subparagraph shall be allocated by the
payment made under this section, or trans- ‘‘ ‘(2) the amount of funds received by such
Secretary as an additional amount to each of
ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment
the 50 States and the District of Columbia in
costs incurred by the State, territory, or made under this section or a transfer made
an amount which bears the same proportion
Tribal government, by December 31, 2024— under section 603(c)(4).
to such remainder as the average estimated ‘‘ ‘(f) REGULATIONS.—The Secretary shall
‘‘ ‘(A) to respond to the public health emer-
number of seasonally-adjusted unemployed have the authority to issue such regulations
gency with respect to the Coronavirus Dis-
individuals (as measured by the Bureau of as may be necessary or appropriate to carry
ease 2019 (COVID–19) or its negative eco-
Labor Statistics Local Area Unemployment out this section.
nomic impacts, including assistance to
Statistics program) in the State or District ‘‘ ‘(g) DEFINITIONS.—In this section:
households, small businesses, and nonprofits,
of Columbia over the 3-month period ending ‘‘ ‘(1) COVERED PERIOD.—The term ‘‘covered
or aid to impacted industries such as tour-
with December 2020 bears to the average esti- period’’ means, with respect to a State, terri-
ism, travel, and hospitality;
mated number of seasonally-adjusted unem- tory, or Tribal government, the period that—
‘‘ ‘(B) for the provision of government serv-
ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue ‘‘ ‘(A) begins on March 3, 2021; and
the District of Columbia over the same pe- of such State, territory, or Tribal govern- ‘‘ ‘(B) ends on the last day of the fiscal year
riod. ment due to such emergency; or of such State, territory, or Tribal govern-
‘‘ ‘(C) PAYMENT.— ‘‘ ‘(C) to make necessary investments in ment in which all funds received by the
‘‘ ‘(i) IN GENERAL.—Subject to clause (ii), water, sewer, or broadband infrastructure. State, territory, or Tribal government from
the Secretary shall pay each of the 50 States ‘‘ ‘(2) FURTHER RESTRICTION ON USE OF a payment made under this section or a
and the District of Columbia, from the FUNDS.— transfer made under section 603(c)(4) have
amount reserved under subparagraph (A), the ‘‘ ‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered
total of the amounts allocated for the State shall not use the funds provided under this by, the Secretary.
and District of Columbia under subparagraph section or transferred pursuant to section ‘‘ ‘(2) SECRETARY.—The term ‘‘Secretary’’
(B) in accordance with paragraph (6). 603(c)(4) to either directly or indirectly offset means the Secretary of the Treasury.
‘‘ ‘(ii) MINIMUM PAYMENT REQUIREMENT.— a reduction in the net tax revenue of such ‘‘ ‘(3) STATE.—The term ‘‘State’’ means
‘‘ ‘(I) IN GENERAL.—The sum of— State or territory resulting from a change in each of the 50 States and the District of Co-
‘‘ ‘(aa) the total amounts allocated for 1 of law, regulation, or administrative interpre- lumbia.
the 50 States or the District of Columbia tation during the covered period that re- ‘‘ ‘(4) TERRITORY.—The term ‘‘territory’’
under subparagraph (B) (as determined with- duces any tax (by providing for a reduction means the Commonwealth of Puerto Rico,
out regard to this clause); and the United States Virgin Islands, Guam, the
in a rate, a rebate, a deduction, a credit, or
‘‘ ‘(bb) the amounts allocated under section Commonwealth of the Northern Mariana Is-
otherwise) or delays the imposition of any
603 to the State (for distribution by the lands, and American Samoa.
tax or tax increase.
State to nonentitlement units of local gov- ‘‘ ‘(5) TRIBAL GOVERNMENT.—The term
‘‘ ‘(B) PENSION FUNDS.—No State or terri-
ernment in the State) and to metropolitan ‘‘Tribal Government’’ means the recognized
tory may use funds made available under
cities and counties in the State; governing body of any Indian or Alaska Na-
this section for deposit into any pension
shall not be less than the amount paid to the tive tribe, band, nation, pueblo, village, com-
fund.
State or District of Columbia for fiscal year munity, component band, or component res-
‘‘ ‘(3) TRANSFER AUTHORITY.—A State, terri-
ervation, individually identified (including
2020 under section 601. tory, or Tribal government receiving a pay-
parenthetically) in the list published most
‘‘ ‘(II) PRO RATA ADJUSTMENT.—The Sec- ment from funds made available under this
recently as of the date of enactment of this
retary shall adjust on a pro rata basis the section may transfer funds to a private non- Act pursuant to section 104 of the Federally
amount of the allocations for each of the 50 profit organization (as that term is defined Recognized Indian Tribe List Act of 1994 (25
States and the District of Columbia deter- in paragraph (17) of section 401 of the McKin- U.S.C. 5131).
mined under subparagraph (B)(iii) (without ney-Vento Homeless Assistance Act (42 ‘‘ ‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
regard to this clause) to the extent necessary U.S.C. 11360(17)), a Tribal organization (as ERY FUND.
to comply with the requirement of subclause that term is defined in section 4 of the In- ‘‘ ‘(a) APPROPRIATION.—In addition to
(I). dian Self-Determination and Education As- amounts otherwise available, there is appro-
‘‘ ‘(4) PRO RATA ADJUSTMENT AUTHORITY.— sistance Act (25 U.S.C. 5304)), a public benefit priated for fiscal year 2021, out of any money
The amounts otherwise determined for allo- corporation involved in the transportation of in the Treasury not otherwise appropriated,
cation and payment under paragraphs (1), (2), passengers or cargo, or a special-purpose $120,200,000,000, to remain available through
and (3) may be adjusted by the Secretary on unit of State or local government. December 31, 2024, for making payments
a pro rata basis to the extent necessary to ‘‘ ‘(d) CERTIFICATIONS AND REPORTS.— under this section to metropolitan cities,
ensure that all available funds are allocated ‘‘ ‘(1) IN GENERAL.—In order for a State or nonentitlement units of local government,
to States, territories, and Tribal govern- territory to receive a payment under this and counties to mitigate the fiscal effects
ments in accordance with the requirements section, or a transfer of funds under section stemming from the public health emergency
specified in each such paragraph (as applica- 603(c)(4), the State or territory shall provide with respect to the Coronavirus Disease

ctelli on DSK11ZRN23PROD with SENATE
ble). the Secretary with a certification, signed by (COVID–19).
‘‘ ‘(5) POPULATION DATA.—For purposes of an authorized officer of such State or terri- ‘‘ ‘(b) AUTHORITY TO MAKE PAYMENTS.—
determining allocations for a territory under tory, that such State or territory requires ‘‘ ‘(1) METROPOLITAN CITIES.—
this section, the population of the territory the payment or transfer to carry out the ac- ‘‘ ‘(A) IN GENERAL.—Of the amount appro-
shall be determined based on the most recent tivities specified in subsection (c) of this sec- priated under subsection (a), the Secretary
data available from the Bureau of the Cen- tion and will use any payment under this shall reserve $42,070,000,000 to make pay-
sus. section, or transfer of funds under section ments to metropolitan cities.

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S1308 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘ ‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made and (3) may be adjusted by the Secretary on
amount reserved under subparagraph (A), the and granted subject to the requirements a pro rata basis to the extent necessary to
Secretary shall allocate and, in accordance specified in item (aa). ensure that all available funds are distrib-
with paragraph (7), pay to each metropolitan ‘‘ ‘(iii) CAPPED AMOUNT.—The total amount uted to metropolitan cities, counties, and
city an amount determined for the metro- distributed to a nonentitlement unit of local States in accordance with the requirements
politan city consistent with the formula government under this paragraph may not specified in each paragraph (as applicable)
under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the and the certification requirement specified
munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement in subsection (d).
5306(b)), except that, in applying such for- unit of local government as of January 27, ‘‘ ‘(6) POPULATION.—For purposes of deter-
mula, the Secretary shall substitute ‘‘all 2020. mining allocations under this section, the
metropolitan cities’’ for ‘‘all metropolitan ‘‘ ‘(iv) RETURN OF EXCESS AMOUNTS.—Any population of an entity shall be determined
areas’’ each place it appears. amounts not distributed to a nonentitlement based on the most recent data are available
‘‘ ‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the from the Bureau of the Census or, if not
ERNMENT.— application of clause (iii) shall be returned available, from such other data as a State
‘‘ ‘(A) IN GENERAL.—Of the amount appro- to the Secretary. determines appropriate.
priated under subsection (a), the Secretary ‘‘ ‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘ ‘(7) TIMING.—
shall reserve $18,030,000,000 to make pay- the end of the 120-day period that begins on ‘‘ ‘(A) FIRST TRANCHE AMOUNT.—To the ex-
ments to States for distribution by the State the date a State receives a payment from the tent practicable, with respect to each metro-
to nonentitlement units of local government amount allocated under subparagraph (B) or, politan city for which an amount is allocated
in the State. if later, the last day of the distribution pe- under paragraph (1), each State for which an
‘‘ ‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect amount is allocated under paragraph (2) for
amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)), distribution to nonentitlement units of local
Secretary shall allocate and, in accordance such State has failed to make all the dis- government, and each county for which an
with paragraph (7), pay to each State an tributions from such payment in accordance amount is allocated under paragraph (3), the
amount which bears the same proportion to with the terms of subparagraph (C) (includ- Secretary shall pay from such allocation the
such reserved amount as the total popu- ing any extensions of the distribution period First Tranche Amount for such city, State,
lation of all nonentitlement units of local granted in accordance with such subpara- or county not later than 60 days after the
government in the State bears to the total graph), an amount equal to the amount of date of enactment of this section.
population of all nonentitlement units of such payment that remains undistributed as ‘‘ ‘(B) SECOND TRANCHE AMOUNT.—The Sec-
local government in all such States. of such date shall be booked as a debt of such retary shall pay to each metropolitan city
‘‘ ‘(C) DISTRIBUTION TO NONENTITLEMENT State owed to the Federal Government, shall for which an amount is allocated under para-
UNITS OF LOCAL GOVERNMENT.— be paid back from the State’s allocation pro- graph (1), each State for which an amount is
‘‘ ‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu-
after a State receives a payment under sub- be deposited into the general fund of the tion to nonentitlement units of local govern-
paragraph (B), the State shall distribute to Treasury. ment, and each county for which an amount
each nonentitlement unit of local govern- ‘‘ ‘(3) COUNTIES.— is allocated under paragraph (3), the Second
ment in the State an amount that bears the ‘‘ ‘(A) AMOUNT.—From the amount appro- Tranche Amount for such city, State, or
same proportion to the amount of such pay- priated under subsection (a), the Secretary county not earlier than 12 months after the
ment as the population of the nonentitle- shall reserve and allocate $60,100,000,000 of date on which the First Tranche Amount is
ment unit of local government bears to the such amount to make payments directly to paid to the city, State, or county.
total population of all the nonentitlement counties in an amount which bears the same ‘‘ ‘(c) REQUIREMENTS.—
units of local government in the State, sub- proportion to the total amount reserved ‘‘ ‘(1) USE OF FUNDS.—Subject to paragraph
ject to clause (iii). under this paragraph as the population of (2), and except as provided in paragraphs (3)
‘‘ ‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu- and (4), a metropolitan city, nonentitlement
‘‘ ‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such unit of local government, or county shall
authorized officer of a State required to allocated amounts to such counties in ac- only use the funds provided under a payment
make distributions under clause (i) certifies cordance with paragraph (7). made under this section to cover costs in-
in writing to the Secretary before the end of ‘‘ ‘(B) SPECIAL RULES.— curred by the metropolitan city, nonentitle-
the 30-day distribution period described in ‘‘ ‘(i) URBAN COUNTIES.—No county that is ment unit of local government, or county, by
such clause that it would constitute an ex- an ‘‘urban county’’ (as defined in section 102 December 31, 2024—
cessive administrative burden for the State of the Housing and Community Development ‘‘ ‘(A) to respond to the public health emer-
to meet the terms of such clause with re- Act of 1974 (42 U.S.C. 5302)) shall receive less gency with respect to the Coronavirus Dis-
spect to 1 or more such distributions, the au- than the amount the county would otherwise ease 2019 (COVID–19) or its negative eco-
thorized officer may request, and the Sec- receive if the amount paid under this para- nomic impacts, including assistance to
retary shall grant, an extension of such pe- graph were allocated to metropolitan cities households, small businesses, and nonprofits,
riod of not more than 30 days to allow the and urban counties under section 106(b) of or aid to impacted industries such as tour-
State to make such distributions in accord- the Housing and Community Development ism, travel, and hospitality;
ance with clause (i). Act of 1974 (42 U.S.C. 5306(b)). ‘‘ ‘(B) for the provision of government serv-
‘‘ ‘(II) ADDITIONAL EXTENSIONS.— ‘‘ ‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- ices to the extent of the reduction in revenue
‘‘ ‘(aa) IN GENERAL.—If a State has been ERAL LOCAL GOVERNMENT.—In the case of an of such metropolitan city, nonentitlement
granted an extension to the distribution pe- amount to be paid to a county that is not a unit of local government, or county due to
riod under subclause (I) but is unable to unit of general local government, the such emergency; or
make all the distributions required under amount shall instead be paid to the State in ‘‘ ‘(C) to make necessary investments in
clause (i) before the end of such period as ex- which such county is located, and such State water, sewer, or broadband infrastructure.
tended, an authorized officer of the State shall distribute such amount to each unit of ‘‘ ‘(2) PENSION FUNDS.—No metropolitan
may request an additional extension of the general local government within such county city, nonentitlement unit of local govern-
distribution period of not more than 30 days. in an amount that bears the same proportion ment, or county may use funds made avail-
The Secretary may grant a request for an ad- to the amount to be paid to such county as able under this section for deposit into any
ditional extension of such period only if— the population of such units of general local pension fund.
‘‘ ‘(AA) the authorized officer making such government bears to the total population of ‘‘ ‘(3) TRANSFER AUTHORITY.—A metropoli-
request provides a written plan to the Sec- such county. tan city, nonentitlement unit of local gov-
retary specifying, for each distribution for ‘‘ ‘(iii) DISTRICT OF COLUMBIA.—For pur- ernment, or county receiving a payment
which an additional extension is requested, poses of this paragraph, the District of Co- from funds made available under this section
when the State expects to make such dis- lumbia shall be considered to consist of a may transfer funds to a private nonprofit or-
tribution and the actions the State has single county that is a unit of general local ganization (as that term is defined in para-
taken and will take in order to make all government. graph (17) of section 401 of the McKinney-
such distributions before the end of the dis- ‘‘ ‘(4) CONSOLIDATED GOVERNMENTS.—A unit Vento Homeless Assistance Act (42 U.S.C.
tribution period (as extended under sub- of general local government that has formed 11360(17)), a public benefit corporation in-
clause (I) and this subclause); and a consolidated government, or that is geo- volved in the transportation of passengers or
‘‘ ‘(BB) the Secretary determines that such graphically contained (in full or in part) cargo, or a special-purpose unit of State or
plan is reasonably designed to distribute all within the boundaries of another unit of gen- local government.

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such funds to nonentitlement units of local eral local government may receive a dis- ‘‘ ‘(4) TRANSFERS TO STATES.—Notwith-
government by the end of the distribution tribution under each of paragraphs (1), (2), standing paragraph (1), a metropolitan city,
period (as so extended). and (3), as applicable, based on the respective nonentitlement unit of local government, or
‘‘ ‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If formulas specified in such paragraphs. county receiving a payment from funds made
a State granted an additional extension of ‘‘ ‘(5) PRO RATA ADJUSTMENT AUTHORITY.— available under this section may transfer
the distribution period under item (aa) re- The amounts otherwise determined for allo- such funds to the State in which such entity
quires any further additional extensions of cation and payment under paragraphs (1), (2), is located.

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1309
‘‘ ‘(d) REPORTING.—Any metropolitan city, ‘‘ ‘(9) UNIT OF GENERAL LOCAL GOVERN- ‘‘ ‘(3) TRIBAL GOVERNMENT.—The term
nonentitlement unit of local government, or MENT.—The term ‘‘unit of general local gov- ‘‘Tribal government’’ has the meaning given
county receiving funds provided under a pay- ernment’’ has the meaning given that term such term in section 603(g).’.
ment made under this section shall provide in section 102(a)(1) of the Housing and Com- ‘‘(2) TECHNICAL AMENDMENT.—The heading
to the Secretary periodic reports providing a munity Development Act of 1974 (42 U.S.C. for title VI of the Social Security Act (42
detailed accounting of the uses of such funds 5302(a)(1)). U.S.C. 801 et seq.) is amended by striking
by such metropolitan city, nonentitlement ‘‘ ‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ‘FUND’ and inserting ‘AND FISCAL RECOV-
unit of local government, or county and in- FUND. ERY FUNDS’.’’.
cluding such other information as the Sec- ‘‘ ‘(a) APPROPRIATION.—In addition to Subtitle N—Other Provisions
retary may require for the administration of amounts otherwise available, there is appro-
this section. SEC. 9911. FUNDING FOR PROVIDERS RELATING
priated for fiscal year 2021, out of any money TO COVID–19.
‘‘ ‘(e) RECOUPMENT.—Any metropolitan
in the Treasury not otherwise appropriated, Section 301 of division BB of the Consoli-
city, nonentitlement unit of local govern-
ment, or county that has failed to comply $10,000,000,000, to remain available until ex- dated Appropriations Act, 2021, as amended
with subsection (c) shall be required to repay pended, for making payments to States, ter- by this Act, is amended by adding at the end
to the Secretary an amount equal to the ritories, and Tribal governments to carry the following new subsection:
amount of funds used in violation of such out critical capital projects directly ena- ‘‘(l) FUNDING FOR PROVIDERS RELATED TO
subsection. bling work, education, and health moni- COVID–19.—Part A of title XI of the Social
‘‘ ‘(f) REGULATIONS.—The Secretary shall toring, including remote options, in response Security Act (42 U.S.C. 1301 et seq.) is
have the authority to issue such regulations to the public health emergency with respect amended by adding at the end the following:
as may be necessary or appropriate to carry to the Coronavirus Disease (COVID–19). ‘‘ ‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT-
out this section. ‘‘ ‘(b) PAYMENTS TO EACH OF THE 50 STATES ING TO COVID–19.
‘‘ ‘(g) DEFINITIONS.—In this section: AND THE DISTRICT OF COLUMBIA.— ‘‘ ‘(a) FUNDING.—In addition to amounts
‘‘ ‘(1) COUNTY.—The term ‘‘county’’ means a ‘‘ ‘(1) MINIMUM AMOUNTS.—From the otherwise available, there is appropriated to
county, parish, or other equivalent county amount appropriated under subsection (a)— the Secretary, for fiscal year 2021, out of any
division (as defined by the Bureau of the ‘‘ ‘(A) the Secretary shall pay $100,000,000 to monies in the Treasury not otherwise appro-
Census). each State; priated, $8,500,000,000 for purposes of making
‘‘ ‘(2) COVERED PERIOD.—The term ‘‘covered ‘‘ ‘(B) the Secretary shall pay $100,000,000 to payments to eligible health care providers
period’’ means, with respect to a metropoli- the Commonwealth of Puerto Rico and for health care related expenses and lost rev-
tan city, nonentitlement unit of local gov- $100,000,000 to the District of Columbia; enues that are attributable to COVID–19.
ernment, or county receiving funds under ‘‘ ‘(C) the Secretary shall pay $100,000,000 of Amounts appropriated under the preceding
this section, the period that— such amount in equal shares to the United sentence shall remain available until ex-
‘‘ ‘(A) begins on March 3, 2021; and States Virgin Islands, Guam, American pended.
‘‘ ‘(B) ends on the last day of the fiscal year Samoa, the Commonwealth of the Northern ‘‘ ‘(b) SPECIAL RULE REGARDING PARENT OR-
of the metropolitan city, nonentitlement Mariana Islands, the Republic of the Mar- GANIZATIONS.—In the case of any payment
unit of local government, or county in which shall Islands, the Federated States of Micro- made under this section to an eligible health
all of the funds received by the metropolitan nesia, and the Republic of Palau; and care provider, but which is received by a par-
city, nonentitlement unit of local govern- ‘‘ ‘(D) the Secretary shall pay $100,000,000 of ent organization of such provider, such par-
ment, or county under this section have been such amount to Tribal governments and the ent organization shall allocate all of such
expended or returned to, or recovered by, the State of Hawaii (in addition to the amount payment to such provider.
Secretary. paid to the State of Hawaii under subpara- ‘‘ ‘(c) APPLICATION REQUIREMENT.—To be el-
‘‘ ‘(3) FIRST TRANCHE AMOUNT.—The term graph (A)), of which— igible for a payment under this section, an
‘‘First Tranche Amount’’ means, with re- ‘‘ ‘(i) not less than $50,000 shall be paid to eligible health care provider shall submit to
spect to each metropolitan city for which an each Tribal government; and the Secretary an application in such form
amount is allocated under subsection (b)(1), ‘‘ ‘(ii) not less than $50,000 shall be paid to and manner as the Secretary shall prescribe.
each State for which an amount is allocated the State of Hawaii for the exclusive use of Such application shall contain the following:
under subsection (b)(2) for distribution to the Department of Hawaiian Home Lands ‘‘ ‘(1) A statement justifying the need of
nonentitlement units of local government, and the Native Hawaiian Education Pro- the provider for the payment, including doc-
and each county for which an amount is allo- grams to assist Native Hawaiians in accord- umentation of the health care related ex-
cated under subsection (b)(3), 50 percent of ance with this section. penses attributable to COVID–19 and lost
the amount so allocated to such metropoli- ‘‘ ‘(2) REMAINING AMOUNTS.— revenues attributable to COVID–19.
tan city, State, or county (as applicable). ‘‘ ‘(A) IN GENERAL.—From the amount of ‘‘ ‘(2) The tax identification number of the
‘‘ ‘(4) METROPOLITAN CITY.—The term ‘‘met- the appropriation under subsection (a) that provider.
ropolitan city’’ has the meaning given that remains after the application of paragraph ‘‘ ‘(3) Such assurances as the Secretary de-
term in section 102(a)(4) of the Housing and (1), the Secretary shall make payments to termines appropriate that the eligible health
Community Development Act of 1974 (42 States based on population such that— care provider will maintain and make avail-
U.S.C. 5302(a)(4)) and includes cities that re- ‘‘ ‘(i) 50 percent of such amount shall be al- able such documentation and submit such re-
linquish or defer their status as a metropoli- located among the States based on the pro- ports (at such time, in such form, and con-
tan city for purposes of receiving allocations portion that the population of each State taining such information as the Secretary
under section 106 of such Act (42 U.S.C. 5306) bears to the population of all States; shall prescribe) as the Secretary determines
for fiscal year 2021. ‘‘ ‘(ii) 25 percent of such amount shall be al- is necessary to ensure compliance with any
‘‘ ‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- located among the States based on the pro- conditions imposed by the Secretary under
ERNMENT.—The term ‘‘nonentitlement unit portion that the number of individuals living this section.
of local government’’ means a ‘‘city’’, as in rural areas in each State bears to the ‘‘ ‘(4) Any other information determined
that term is defined in section 102(a)(5) of the number of individuals living in rural areas in appropriate by the Secretary.
Housing and Community Development Act of all States; and ‘‘ ‘(d) LIMITATION.—Payments made to an
1974 (42 U.S.C. 5302(a)(5))), that is not a met- ‘‘ ‘(iii) 25 percent of such amount shall be eligible health care provider under this sec-
ropolitan city. allocated among the States based on the pro- tion may not be used to reimburse any ex-
‘‘ ‘(6) SECOND TRANCHE AMOUNT.—The term portion that the number of individuals with pense or loss that—
‘‘Second Tranche Amount’’ means, with re- a household income that is below 150 percent ‘‘ ‘(1) has been reimbursed from another
spect to each metropolitan city for which an of the poverty line applicable to a family of source; or
amount is allocated under subsection (b)(1), the size involved in each State bears to the ‘‘ ‘(2) another source is obligated to reim-
each State for which an amount is allocated number of such individuals in all States. burse.
under subsection (b)(2) for distribution to ‘‘ ‘(B) DATA.—In determining the alloca- ‘‘ ‘(e) APPLICATION OF REQUIREMENTS,
nonentitlement units of local government, tions to be made to each State under sub- RULES, AND PROCEDURES.—The Secretary
and each county for which an amount is allo- paragraph (A), the Secretary of the Treasury shall apply any requirements, rules, or pro-
cated under subsection (b)(3), an amount not shall use the most recent data available from cedures as the Secretary deems appropriate
to exceed 50 percent of the amount so allo- the Bureau of the Census. for the efficient execution of this section.
cated to such metropolitan city, State, or ‘‘ ‘(c) TIMING.—The Secretary shall estab- ‘‘ ‘(f) DEFINITIONS.—In this section:
county (as applicable). lish a process of applying for grants to access ‘‘ ‘(1) ELIGIBLE HEALTH CARE PROVIDER.—
‘‘ ‘(7) SECRETARY.—The term ‘‘Secretary’’ funding made available under section (b) not The term ‘‘eligible health care provider’’

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means the Secretary of the Treasury. later than 60 days after enactment of this means—
‘‘ ‘(8) STATE.—The term ‘‘State’’ means section. ‘‘ ‘(A) a provider of services (as defined in
each of the 50 States, the District of Colum- ‘‘ ‘(d) DEFINITIONS.—In this section: section 1861(u)) or a supplier (as defined in
bia, the Commonwealth of Puerto Rico, the ‘‘ ‘(1) SECRETARY.—The term ‘‘Secretary’’ section 1861(d)) that—
United States Virgin Islands, Guam, the means the Secretary of the Treasury. ‘‘ ‘(i) is enrolled in the Medicare program
Commonwealth of the Northern Mariana Is- ‘‘ ‘(2) STATE.—The term ‘‘State’’ means 1 of under title XVIII under section 1866(j), in-
lands, and American Samoa. the 50 States. cluding temporarily enrolled during the

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S1310 CONGRESSIONAL RECORD — SENATE March 5, 2021
emergency period described in section ‘‘CHAPTER 13—MISCELLANEOUS FUNDING Tuberculosis, and Malaria Act of 2003 (22
1135(g)(1)(B) for such period; ‘‘SEC. 500A. DEPARTMENT OF STATE OPER- U.S.C. 7622(d)(4)(A)(i)), and such contribution
‘‘ ‘(ii) provides diagnoses, testing, or care ATIONS. shall not be considered a contribution for the
for individuals with possible or actual cases ‘‘In addition to amounts otherwise avail- purpose of applying such section
of COVID–19; and able, there is authorized and appropriated to 202(d)(4)(A)(i).
‘‘ ‘(iii) is located in a rural area or treated the Secretary of State for fiscal year 2021, ‘‘SEC. 500D. HUMANITARIAN RESPONSE.
as located in a rural area pursuant to section out of any money in the Treasury not other- ‘‘(a) IN GENERAL.—In addition to amounts
1886(d)(8)(E); or wise appropriated, $204,000,000, to remain otherwise available, there is authorized and
‘‘ ‘(B) a provider or supplier that— available until September 30, 2022, for nec- appropriated to the Secretary of State for
‘‘ ‘(i) is enrolled with a State Medicaid plan essary expenses of the Department of State fiscal year 2021, out of any money in the
under title XIX (or a waiver of such plan) in to carry out the authorities, functions, du- Treasury not otherwise appropriated,
accordance with subsections (a)(77) and (kk) ties, and responsibilities in the conduct of $500,000,000, to remain available until Sep-
of section 1902 (including enrolled pursuant the foreign affairs of the United States, to tember 30, 2022, to carry out the provisions of
to section 1902(a)(78) or section 1932(d)(6)) or prevent, prepare for, and respond to section 2(a) and (b) of the Migration and Ref-
enrolled with a State child health plan under coronavirus domestically or internationally, ugee Assistance Act of 1962 (22 U.S.C. 2601(a)
title XXI (or a waiver of such plan) in ac- which shall include maintaining Department and (b)) to prevent, prepare for, and respond
cordance with subparagraph (G) of section of State operations. to coronavirus.
2107(e)(1) (including enrolled pursuant to sub- ‘‘SEC. 500B. UNITED STATES AGENCY FOR INTER- ‘‘(b) USE OF FUNDS.—Funds appropriated
paragraph (D) or (Q) of such section); NATIONAL DEVELOPMENT OPER- pursuant to this section shall not be made
‘‘ ‘(ii) provides diagnoses, testing, or care ATIONS. available for the costs of resettling refugees
for individuals with possible or actual cases ‘‘In addition to amounts otherwise avail- in the United States.
of COVID–19; and able, there is authorized and appropriated to ‘‘SEC. 500E. MULTILATERAL ASSISTANCE.
‘‘ ‘(iii) is located in a rural area. the Administrator of the United States ‘‘In addition to amounts otherwise avail-
‘‘ ‘(2) HEALTH CARE RELATED EXPENSES AT- Agency for International Development for able, there is authorized and appropriated to
TRIBUTABLE TO COVID–19.—The term ‘‘health fiscal year 2021, out of any money in the the Secretary of State for fiscal year 2021,
care related expenses attributable to COVID– Treasury not otherwise appropriated, out of any money in the Treasury not other-
19’’ means health care related expenses to $41,000,000, to remain available until Sep- wise appropriated, $580,000,000, to remain
prevent, prepare for, and respond to COVID– tember 30, 2022, to carry out the provisions of available until September 30, 2022, to carry
19, including the building or construction of section 667 for necessary expenses of the out the provisions of section 301(a) to pre-
a temporary structure, the leasing of a prop- United States Agency for International De- vent, prepare for, and respond to
erty, the purchase of medical supplies and velopment to prevent, prepare for, and re- coronavirus, which shall include support for
equipment, including personal protective spond to coronavirus domestically or inter- the priorities and objectives of the United
equipment and testing supplies, providing for nationally, and for other operations and Nations Global Humanitarian Response Plan
increased workforce and training, including maintenance requirements related to COVID–19 through voluntary contributions
maintaining staff, obtaining additional staff, coronavirus. to international organizations and programs
or both, the operation of an emergency oper- ‘‘SEC. 500C. GLOBAL RESPONSE. administered by such organizations.’’.
ation center, retrofitting a facility, pro- ‘‘(a) IN GENERAL.—In addition to amounts
viding for surge capacity, and other expenses otherwise available, there is authorized and SA 1118. Mr. GRAHAM (for himself
determined appropriate by the Secretary. appropriated to the Secretary of State for and Mr. MARSHALL) submitted an
‘‘ ‘(3) LOST REVENUE ATTRIBUTABLE TO fiscal year 2021, out of any money in the
COVID–19.—The term ‘‘lost revenue attrib-
amendment intended to be proposed to
Treasury not otherwise appropriated,
utable to COVID–19’’ has the meaning given amendment SA 891 proposed by Mr.
$8,675,000,000, to remain available until Sep-
that term in the Frequently Asked Questions tember 30, 2022, for necessary expenses to SCHUMER (for himself, Mr. WYDEN, Mrs.
guidance released by the Department of carry out the provisions of section 531 of MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Health and Human Services in June 2020, in- chapter 4 of part II as health programs to CARDIN, Ms. CANTWELL, Ms. STABENOW,
cluding the difference between such pro- prevent, prepare for, and respond to Mr. TESTER, Mr. MENENDEZ, Mr.
vider’s budgeted and actual revenue if such coronavirus, which shall include recovery SCHATZ, Mr. CARPER, Mr. LEAHY, and
budget had been established and approved from the impacts of such virus and shall be Mr. SANDERS) to the bill H.R. 1319, to
prior to March 27, 2020. allocated as follows—
‘‘ ‘(4) PAYMENT.— The term ‘‘payment’’ in- provide for reconciliation pursuant to
‘‘(1) $905,000,000 to be made available to the
cludes, as determined appropriate by the title II of S. Con. Res. 5; which was or-
United States Agency for International De-
Secretary, a pre-payment, a prospective pay- velopment for global health activities to pre- dered to lie on the table; as follows:
ment, a retrospective payment, or a payment vent, prepare for, and respond to Strike section 9901 and insert the fol-
through a grant or other mechanism. coronavirus, which shall include a contribu- lowing:
‘‘ ‘(5) RURAL AREA.—The term ‘‘rural area’’ tion to a multilateral vaccine development SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
means— partnership to support epidemic prepared- CAL RECOVERY FUND.
‘‘ ‘(A) a rural area (as defined in section ness; (a) IN GENERAL.—Title VI of the Social Se-
1886(d)(2)(D)); or ‘‘(2) $3,750,000,000 to be made available to curity Act (42 U.S.C. 801 et seq.) is amended
‘‘ ‘(B) any other rural area (as defined by the Department of State to support pro- by adding at the end the following:
the Secretary).’. grams for the prevention, treatment, and ‘‘SEC. 602.CORONAVIRUS FISCAL RECOVERY
SEC. 9912. EXTENSION OF CUSTOMS USER FEES. control of HIV/AIDS in order to prevent, pre- FUND.
pare for, and respond to coronavirus, includ- ‘‘(a) APPROPRIATION.—
(a) IN GENERAL.—Section 13031(j)(3) of the ing to mitigate the impact on such programs ‘‘(1) IN GENERAL.—Out of any money in the
Consolidated Omnibus Budget Reconciliation from coronavirus and support recovery from Treasury of the United States not otherwise
Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— the impacts of the coronavirus, of which not appropriated, there are appropriated for
(1) in subparagraph (A), by striking ‘‘Octo- less than $3,500,000,000 shall be for a United making payments to States, Tribal govern-
ber 21, 2029’’ and inserting ‘‘September 30, States contribution to the Global Fund to ments, and units of local government under
2030’’; and Fight AIDS, Tuberculosis and Malaria; this section, $350,000,000,000 for fiscal year
(2) in subparagraph (B)(i), by striking ‘‘Oc- ‘‘(3) $3,090,000,000 to be made available to 2021.
tober 21, 2029’’ and inserting ‘‘September 30, the United States Agency for International ‘‘(2) RESERVATION OF FUNDS.—Of the
2030’’. Development to prevent, prepare for, and re- amount appropriated under paragraph (1),
(b) RATE FOR MERCHANDISE PROCESSING spond to coronavirus, which shall include the Secretary shall reserve—
FEES.—Section 503 of the United States- support for international disaster relief, re- ‘‘(A) $4,500,000,000 for making payments to
Korea Free Trade Agreement Implementa- habilitation, and reconstruction, for health the District of Columbia, the Commonwealth
tion Act (Public Law 112–41; 19 U.S.C. 3805 activities, and to meet emergency food secu- of Puerto Rico, the United States Virgin Is-
note) is amended by striking ‘‘October 21, rity needs; and lands, Guam, the Commonwealth of the
2029’’ and inserting ‘‘September 30, 2030’’. ‘‘(4) $930,000,000 to be made available to Northern Mariana Islands, and American
prevent, prepare for, and respond to Samoa; and
TITLE X—COMMITTEE ON FOREIGN coronavirus, which shall include activities to ‘‘(B) $20,000,000,000 for making payments to
RELATIONS address economic and stabilization require- Tribal governments.

ctelli on DSK11ZRN23PROD with SENATE
ments resulting from such virus. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—Not
SEC. 10001. ADDITIONAL FUNDING FOR THE DE- ‘‘(b) WAIVER OF LIMITATION.—Any contribu- later than 30 days after the date of enact-
PARTMENT OF STATE AND FOR FOR-
EIGN ASSISTANCE.
tion to the Global Fund to Fight AIDS, Tu- ment of this section, the Secretary shall pay
berculosis and Malaria made pursuant to each State and Tribal government the
Part I of the Foreign Assistance Act (22 subsection (a)(2) shall be made available not- amount determined for the State or Tribal
U.S.C. 2151 et seq.) is amended by adding at withstanding section 202(d)(4)(A)(i) of the government for fiscal year 2021 under sub-
the end the following: United States Leadership Against HIV/AIDS, section (c).

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1311
‘‘(c) PAYMENT AMOUNTS.— ‘‘(C) were incurred during the period that SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
‘‘(1) IN GENERAL.—Subject to paragraph (2), begins on March 1, 2020, and ends on Decem- CAL RECOVERY FUNDS.
the amount paid under this section for fiscal ber 31, 2022. (a) IN GENERAL.—Title VI of the Social Se-
year 2021 to a State that is 1 of the 50 States ‘‘(2) STATE DISTRIBUTIONS TO UNITS OF curity Act (42 U.S.C. 801 et seq.) is amended
shall be the amount equal to the relative LOCAL GOVERNMENT.— by adding at the end the following:
population proportion amount determined ‘‘(A) IN GENERAL.—Each State (other than ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
for the State under paragraph (3) for such ERY FUND.
the District of Columbia) shall distribute 45
fiscal year. percent of the amount allocated and paid to ‘‘(a) APPROPRIATION.—In addition to
‘‘(2) MINIMUM PAYMENT.— the State under this section to units of local amounts otherwise available, there is appro-
‘‘(A) IN GENERAL.—No State that is 1 of the government in the State in accordance with priated for fiscal year 2021, out of any money
50 States shall receive a payment under this in the Treasury not otherwise appropriated—
this paragraph.
section for fiscal year 2021 that is less than ‘‘(1) $219,800,000,000, to remain available
‘‘(B) MANNER OF DISTRIBUTION.—A State
$2,927,000,000. through December 31, 2024, for making pay-
shall allocate the amount that the State is
‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- ments under this section to States, terri-
required to distribute among units of local
retary shall adjust on a pro rata basis the tories, and Tribal governments to mitigate
government in the State based on the popu-
amount of the payments for each of the 50 the fiscal losses directly caused by the public
lation of each such unit of local government
States determined under this subsection health emergency with respect to the
(as determined by the State) relative to the
without regard to this subparagraph to the Coronavirus Disease (COVID–19); and
population of all units of local government
extent necessary to comply with the require- ‘‘(2) $50,000,000, to remain available until
in the State.
ments of subparagraph (A). expended, for the costs of the Secretary for
‘‘(C) APPLICATION OF USES OF FUNDS.—The administration of the funds established
‘‘(3) RELATIVE POPULATION PROPORTION limitations on the uses of funds described in
AMOUNT.—For purposes of paragraph (1), the under this title.
paragraph (1) shall apply to amounts distrib- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
relative population proportion amount de- uted to a unit of local government under this
termined under this paragraph for a State ‘‘(1) PAYMENTS TO TERRITORIES.—
paragraph in the same manner that such ‘‘(A) IN GENERAL.—The Secretary shall re-
for fiscal year 2021 is the product of— limitations apply to a payment to a State
‘‘(A) the amount appropriated under para- serve $4,500,000,000 of the amount appro-
under this subsection. priated under subsection (a)(1) to make pay-
graph (1) of subsection (a) for fiscal year 2021
‘‘(e) INSPECTOR GENERAL OVERSIGHT; ments to the territories.
that remains after the application of para-
RECOUPMENT.— ‘‘(B) ALLOCATION.—Of the amount reserved
graph (2) of that subsection; and
‘‘(1) OVERSIGHT AUTHORITY.—The Inspector under subparagraph (A)—
‘‘(B) the relative State population propor-
General of the Department of the Treasury ‘‘(i) 50 percent of such amount shall be al-
tion (as defined in paragraph (4)).
shall conduct monitoring and oversight of located by the Secretary equally to each ter-
‘‘(4) RELATIVE STATE POPULATION PROPOR-
the receipt, disbursement, and use of funds ritory; and
TION DEFINED.—For purposes of paragraph
made available under this section. ‘‘(ii) 50 percent of such amount shall be al-
(3)(B), the term ‘relative State population
‘‘(2) RECOUPMENT.—If the Inspector General located by the Secretary as an additional
proportion’ means, with respect to a State,
the quotient of— of the Department of the Treasury deter- amount to each territory in an amount
‘‘(A) the population of the State; and mines that a State, Tribal government, or which bears the same proportion to 1⁄2 of the
‘‘(B) the total population of all States (ex- unit of local government has failed to com- total amount reserved under subparagraph
cluding the District of Columbia and terri- ply with subsection (d), the amount equal to (A) as the population of the territory bears
tories specified in subsection (a)(2)(A)). the amount of funds used in violation of such to the total population of all such terri-
‘‘(5) DISTRICT OF COLUMBIA AND TERRI- subsection shall be booked as a debt of such tories.
TORIES.—The amount paid under this section entity owed to the Federal Government. ‘‘(C) PAYMENT.—The Secretary shall pay
for fiscal year 2021 to a State that is the Dis- Amounts recovered under this subsection each territory the total of the amounts allo-
trict of Columbia or a territory specified in shall be deposited into the general fund of cated for the territory under subparagraph
subsection (a)(2)(A) shall be the amount the Treasury. (B) in accordance with paragraph (6).
equal to the product of— ‘‘(3) FUNDING.—The Inspector General of ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
‘‘(A) the amount set aside under subsection the Department of the Treasury may use ‘‘(A) IN GENERAL.—The Secretary shall re-
(a)(2)(A) for such fiscal year; and amounts appropriated under section 601(f)(3) serve $20,000,000,000 of the amount appro-
‘‘(B) each such District’s and territory’s to carry out oversight and recoupment ac- priated under subsection (a)(1) to make pay-
share of the combined total population of the tivities under this subsection. ments to Tribal governments.
District of Columbia and all such territories, ‘‘(4) AUTHORITY OF INSPECTOR GENERAL.— ‘‘(B) ALLOCATION.—Of the amount reserved
as determined by the Secretary. Nothing in this subsection shall be construed under subparagraph (A)—
‘‘(6) TRIBAL GOVERNMENTS.—From the to diminish the authority of any Inspector ‘‘(i) $1,000,000,000 shall be allocated by the
amount set aside under subsection (a)(2)(B) General, including such authority as pro- Secretary equally among each of the Tribal
for fiscal year 2021, the amount paid under vided in the Inspector General Act of 1978 (5 governments; and
this section for fiscal year 2021 to a Tribal U.S.C. App.). ‘‘(ii) $19,000,000,000 shall be allocated by the
government shall be the amount the Sec- ‘‘(f) DEFINITIONS.—In this section: Secretary to the Tribal governments in a
retary shall determine, in consultation with ‘‘(1) IN GENERAL.—The terms ‘Indian Tribe’, manner determined by the Secretary.
the Secretary of the Interior and Indian ‘Secretary’, ‘State’, and ‘Tribal government’ ‘‘(C) PAYMENT.— The Secretary shall pay
Tribes, that is based on increased expendi- shall have the meaning given such terms in each Tribal government the total of the
tures of each such Tribal government (or a section 601(g). amounts allocated for the Tribal government
tribally-owned entity of such Tribal govern- ‘‘(2) UNIT OF LOCAL GOVERNMENT.—The term under subparagraph (B) in accordance with
ment) relative to aggregate expenditures in ‘unit of local government’ means a county, paragraph (6).
fiscal year 2019 by the Tribal government (or municipality, town, township, village, par- ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES
tribally-owned entity) and determined in ish, borough, or other unit of general govern- AND THE DISTRICT OF COLUMBIA.—
such manner as the Secretary determines ap- ment below the State level.’’. ‘‘(A) IN GENERAL.—The Secretary shall re-
propriate to ensure that all amounts avail- (b) TECHNICAL AMENDMENT.—The heading serve $195,300,000,000 of the amount appro-
able under subsection (a)(2)(B) for fiscal year for title VI of the Social Security Act (42 priated under subsection (a)(1) to make pay-
2021 are distributed to Tribal governments. U.S.C. 801 et seq.) is amended by striking ments to each of the 50 States and the Dis-
‘‘(7) DATA.—For purposes of this sub- ‘‘FUND’’ and inserting ‘‘AND FISCAL RE- trict of Columbia.
section, the population of States shall be de- COVERY FUNDS’’. ‘‘(B) ALLOCATIONS.—Of the amount re-
termined based on the most recent year for served under subparagraph (A)—
which data are available from the Bureau of ‘‘(i) $25,500,000,000 of such amount shall be
SA 1119. Mr. LEE submitted an
the Census. allocated by the Secretary equally among
‘‘(d) USE OF FUNDS.— amendment intended to be proposed to each of the 50 States and the District of Co-
‘‘(1) IN GENERAL.—Subject to paragraph (2), amendment SA 891 proposed by Mr. lumbia;
a State or Tribal government shall use the SCHUMER (for himself, Mr. WYDEN, Mrs. ‘‘(ii) an amount equal to $1,250,000,000 less
funds provided under a payment made under MURRAY, Mr. BROWN, Mr. PETERS, Mr. the amount allocated for the District of Co-
this section to cover only those costs of the CARDIN, Ms. CANTWELL, Ms. STABENOW, lumbia pursuant to section 601(c)(6) shall be
State or Tribal government that— Mr. TESTER, Mr. MENENDEZ, Mr. allocated by the Secretary as an additional
‘‘(A) are necessary expenditures incurred SCHATZ, Mr. CARPER, Mr. LEAHY, and amount to the District of Columbia; and

ctelli on DSK11ZRN23PROD with SENATE
due to the public health emergency with re- ‘‘(iii) an amount equal to the remainder of
Mr. SANDERS) to the bill H.R. 1319, to
spect to the Coronavirus Disease 2019 the amount reserved under subparagraph (A)
(COVID–19); provide for reconciliation pursuant to after the application of clauses (i) and (ii) of
‘‘(B) were not accounted for in the budget title II of S. Con. Res. 5; which was or- this subparagraph shall be allocated by the
most recently approved as of the date of en- dered to lie on the table; as follows: Secretary as an additional amount to each of
actment of this section for the State or gov- Strike section 9901 and insert the fol- the 50 States and the District of Columbia in
ernment; and lowing: an amount which bears the same proportion

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S1312 CONGRESSIONAL RECORD — SENATE March 5, 2021
to such remainder as the average estimated ‘‘(A) to respond to the public health emer- as may be necessary or appropriate to carry
number of seasonally-adjusted unemployed gency with respect to the Coronavirus Dis- out this section.
individuals (as measured by the Bureau of ease 2019 (COVID–19) or its negative eco- ‘‘(g) DEFINITIONS.—In this section:
Labor Statistics Local Area Unemployment nomic impacts, including assistance to ‘‘(1) COVERED PERIOD.—The term ‘covered
Statistics program) in the State or District households, small businesses, and nonprofits, period’ means, with respect to a State, terri-
of Columbia over the 3-month period ending or aid to impacted industries such as tour- tory, or Tribal government, the period that—
with December 2020 bears to the average esti- ism, travel, and hospitality; or ‘‘(A) begins on March 3, 2021; and
mated number of seasonally-adjusted unem- ‘‘(B) for the provision of government serv- ‘‘(B) ends on the last day of the fiscal year
ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue of such State, territory, or Tribal govern-
the District of Columbia over the same pe- of such State, territory, or Tribal govern- ment in which all funds received by the
riod. ment due to such emergency. State, territory, or Tribal government from
‘‘(C) PAYMENT.— ‘‘(2) FURTHER RESTRICTION ON USE OF a payment made under this section or a
‘‘(i) IN GENERAL.—Subject to clause (ii), the FUNDS.— transfer made under section 603(c)(4) have
Secretary shall pay each of the 50 States and ‘‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered
the District of Columbia, from the amount shall not use the funds provided under this by, the Secretary.
reserved under subparagraph (A), the total of section or transferred pursuant to section ‘‘(2) SECRETARY.—The term ‘Secretary’
the amounts allocated for the State and Dis- 603(c)(4) to either directly or indirectly offset means the Secretary of the Treasury.
trict of Columbia under subparagraph (B) in a reduction in the net tax revenue of such ‘‘(3) STATE.—The term ‘State’ means each
accordance with paragraph (6). State or territory resulting from a change in of the 50 States and the District of Columbia.
‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— law, regulation, or administrative interpre- ‘‘(4) TERRITORY.—The term ‘territory’
‘‘(I) IN GENERAL.—The sum of— tation during the covered period that re- means the Commonwealth of Puerto Rico,
‘‘(aa) the total amounts allocated for 1 of duces any tax (by providing for a reduction the United States Virgin Islands, Guam, the
the 50 States or the District of Columbia in a rate, a rebate, a deduction, a credit, or Commonwealth of the Northern Mariana Is-
under subparagraph (B) (as determined with- otherwise) or delays the imposition of any lands, and American Samoa.
out regard to this clause); and tax or tax increase. ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib-
‘‘(bb) the amounts allocated under section ‘‘(B) PENSION FUNDS.—No State or territory al Government’ means the recognized gov-
603 to the State (for distribution by the may use funds made available under this sec- erning body of any Indian or Alaska Native
State to nonentitlement units of local gov- tion for deposit into any pension fund. tribe, band, nation, pueblo, village, commu-
ernment in the State) and to metropolitan ‘‘(3) TRANSFER AUTHORITY.—A State, terri- nity, component band, or component res-
cities and counties in the State; tory, or Tribal government receiving a pay- ervation, individually identified (including
shall not be less than the amount paid to the ment from funds made available under this parenthetically) in the list published most
State or District of Columbia for fiscal year section may transfer funds to a private non- recently as of the date of enactment of this
2020 under section 601. profit organization (as that term is defined Act pursuant to section 104 of the Federally
‘‘(II) PRO RATA ADJUSTMENT.—The Sec- in paragraph (17) of section 401 of the McKin- Recognized Indian Tribe List Act of 1994 (25
retary shall adjust on a pro rata basis the ney-Vento Homeless Assistance Act (42 U.S.C. 5131).
amount of the allocations for each of the 50
U.S.C. 11360(17)), a Tribal organization (as ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
States and the District of Columbia deter-
that term is defined in section 4 of the In- ERY FUND.
mined under subparagraph (B)(iii) (without
dian Self-Determination and Education As- ‘‘(a) APPROPRIATION.—In addition to
regard to this clause) to the extent necessary
sistance Act (25 U.S.C. 5304)), a public benefit amounts otherwise available, there is appro-
to comply with the requirement of subclause
corporation involved in the transportation of priated for fiscal year 2021, out of any money
(I).
passengers or cargo, or a special-purpose in the Treasury not otherwise appropriated,
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—
unit of State or local government. $120,200,000,000, to remain available through
The amounts otherwise determined for allo-
cation and payment under paragraphs (1), (2), ‘‘(d) CERTIFICATIONS AND REPORTS.— December 31, 2024, for making payments
and (3) may be adjusted by the Secretary on ‘‘(1) IN GENERAL.—In order for a State or under this section to metropolitan cities,
a pro rata basis to the extent necessary to territory to receive a payment under this nonentitlement units of local government,
ensure that all available funds are allocated section, or a transfer of funds under section and counties to mitigate the fiscal losses di-
to States, territories, and Tribal govern- 603(c)(4), the State or territory shall provide rectly caused by the public health emer-
ments in accordance with the requirements the Secretary with a certification, signed by gency with respect to the Coronavirus Dis-
specified in each such paragraph (as applica- an authorized officer of such State or terri- ease (COVID–19).
ble). tory, that such State or territory requires ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
‘‘(5) POPULATION DATA.—For purposes of de- the payment or transfer to carry out the ac- ‘‘(1) METROPOLITAN CITIES.—
termining allocations for a territory under tivities specified in subsection (c) of this sec- ‘‘(A) IN GENERAL.—Of the amount appro-
this section, the population of the territory tion and will use any payment under this priated under subsection (a), the Secretary
shall be determined based on the most recent section, or transfer of funds under section shall reserve $42,070,000,000 to make pay-
data available from the Bureau of the Cen- 603(c)(4), in compliance with subsection (c) of ments to metropolitan cities.
sus. this section ‘‘(B) ALLOCATION AND PAYMENT.—From the
‘‘(6) TIMING.— ‘‘(2) REPORTING.—Any State, territory, or amount reserved under subparagraph (A), the
‘‘(A) IN GENERAL.—To the extent prac- Tribal government receiving a payment Secretary shall allocate and, in accordance
ticable, with respect to each State and terri- under this section shall provide to the Sec- with paragraph (7), pay to each metropolitan
tory allocated a payment under this sub- retary periodic reports providing a detailed city an amount determined for the metro-
section, the Secretary shall make the pay- accounting of— politan city consistent with the formula
ment required for the State or territory not ‘‘(A) the uses of funds by such State, terri- under section 106(b) of the Housing and Com-
later than 60 days after the date on which tory, or Tribal government, including, in the munity Development Act of 1974 (42 U.S.C.
the certification required under subsection case of a State or a territory, all modifica- 5306(b)), except that, in applying such for-
(d)(1) is provided to the Secretary. tions to the State’s or territory’s tax rev- mula, the Secretary shall substitute ‘all
‘‘(B) TRIBAL GOVERNMENTS.—To the extent enue sources during the covered period; and metropolitan cities’ for ‘all metropolitan
practicable, with respect to each Tribal gov- ‘‘(B) such other information as the Sec- areas’ each place it appears.
ernment for which an amount is allocated retary may require for the administration of ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-
under this subsection, the Secretary shall this section. ERNMENT.—
make the payment required for the Tribal ‘‘(e) RECOUPMENT.—Any State, territory, or ‘‘(A) IN GENERAL.—Of the amount appro-
government not later than 60 days after the Tribal government that has failed to comply priated under subsection (a), the Secretary
date of enactment of this section. with subsection (c) shall be required to repay shall reserve $18,030,000,000 to make pay-
‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- to the Secretary an amount equal to the ments to States for distribution by the State
LUMBIA.—The Secretary shall pay the amount of funds used in violation of such to nonentitlement units of local government
amount allocated under paragraph (3)(B)(ii) subsection, provided that, in the case of a in the State.
to the District of Columbia not later than 15 violation of subsection (c)(2)(A), the amount ‘‘(B) ALLOCATION AND PAYMENT.—From the
days after the date of enactment of this sec- the State or territory shall be required to amount reserved under subparagraph (A), the
tion. repay shall be lesser of— Secretary shall allocate and, in accordance
‘‘(c) REQUIREMENTS.— ‘‘(1) the amount of the applicable reduction with paragraph (7), pay to each State an
‘‘(1) USE OF FUNDS.—Subject to paragraph to net tax revenue attributable to such vio- amount which bears the same proportion to

ctelli on DSK11ZRN23PROD with SENATE
(2), and except as provided in paragraph (3), lation; and such reserved amount as the total popu-
a State, territory, or Tribal government ‘‘(2) the amount of funds received by such lation of all nonentitlement units of local
shall only use the funds provided under a State or territory pursuant to a payment government in the State bears to the total
payment made under this section, or trans- made under this section or a transfer made population of all nonentitlement units of
ferred pursuant to section 603(c)(4), to cover under section 603(c)(4). local government in all such States.
costs incurred by the State, territory, or ‘‘(f) REGULATIONS.—The Secretary shall ‘‘(C) DISTRIBUTION TO NONENTITLEMENT
Tribal government, by December 31, 2024— have the authority to issue such regulations UNITS OF LOCAL GOVERNMENT.—

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1313
‘‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu-
after a State receives a payment under sub- be deposited into the general fund of the tion to nonentitlement units of local govern-
paragraph (B), the State shall distribute to Treasury. ment, and each county for which an amount
each nonentitlement unit of local govern- ‘‘(3) COUNTIES.— is allocated under paragraph (3), the Second
ment in the State an amount that bears the ‘‘(A) AMOUNT.—From the amount appro- Tranche Amount for such city, State, or
same proportion to the amount of such pay- priated under subsection (a), the Secretary county not earlier than 12 months after the
ment as the population of the nonentitle- shall reserve and allocate $60,100,000,000 of date on which the First Tranche Amount is
ment unit of local government bears to the such amount to make payments directly to paid to the city, State, or county.
total population of all the nonentitlement counties in an amount which bears the same ‘‘(c) REQUIREMENTS.—
units of local government in the State, sub- proportion to the total amount reserved ‘‘(1) USE OF FUNDS.—Subject to paragraph
ject to clause (iii). under this paragraph as the population of (2), and except as provided in paragraphs (3)
‘‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu- and (4), a metropolitan city, nonentitlement
‘‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such unit of local government, or county shall
authorized officer of a State required to allocated amounts to such counties in ac- only use the funds provided under a payment
make distributions under clause (i) certifies cordance with paragraph (7). made under this section to cover costs in-
in writing to the Secretary before the end of ‘‘(B) SPECIAL RULES.— curred by the metropolitan city, nonentitle-
the 30-day distribution period described in ‘‘(i) URBAN COUNTIES.—No county that is an ment unit of local government, or county, by
such clause that it would constitute an ex- ‘urban county’ (as defined in section 102 of December 31, 2024—
cessive administrative burden for the State the Housing and Community Development ‘‘(A) to respond to the public health emer-
to meet the terms of such clause with re- Act of 1974 (42 U.S.C. 5302)) shall receive less gency with respect to the Coronavirus Dis-
spect to 1 or more such distributions, the au- than the amount the county would otherwise ease 2019 (COVID–19) or its negative eco-
thorized officer may request, and the Sec- receive if the amount paid under this para- nomic impacts, including assistance to
retary shall grant, an extension of such pe- graph were allocated to metropolitan cities households, small businesses, and nonprofits,
riod of not more than 30 days to allow the and urban counties under section 106(b) of or aid to impacted industries such as tour-
State to make such distributions in accord- the Housing and Community Development ism, travel, and hospitality; or
ance with clause (i). Act of 1974 (42 U.S.C. 5306(b)). ‘‘(B) for the provision of government serv-
‘‘(II) ADDITIONAL EXTENSIONS.— ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- ices to the extent of the reduction in revenue
‘‘(aa) IN GENERAL.—If a State has been ERAL LOCAL GOVERNMENT.—In the case of an of such metropolitan city, nonentitlement
granted an extension to the distribution pe- amount to be paid to a county that is not a unit of local government, or county due to
riod under subclause (I) but is unable to unit of general local government, the such emergency.
make all the distributions required under amount shall instead be paid to the State in ‘‘(2) PENSION FUNDS.—No metropolitan
clause (i) before the end of such period as ex- which such county is located, and such State city, nonentitlement unit of local govern-
tended, an authorized officer of the State shall distribute such amount to each unit of ment, or county may use funds made avail-
may request an additional extension of the general local government within such county able under this section for deposit into any
distribution period of not more than 30 days. in an amount that bears the same proportion pension fund.
The Secretary may grant a request for an ad- to the amount to be paid to such county as ‘‘(3) TRANSFER AUTHORITY.—A metropolitan
ditional extension of such period only if— the population of such units of general local city, nonentitlement unit of local govern-
‘‘(AA) the authorized officer making such government bears to the total population of ment, or county receiving a payment from
request provides a written plan to the Sec- such county. funds made available under this section may
retary specifying, for each distribution for ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes transfer funds to a private nonprofit organi-
which an additional extension is requested, of this paragraph, the District of Columbia zation (as that term is defined in paragraph
when the State expects to make such dis- shall be considered to consist of a single (17) of section 401 of the McKinney-Vento
tribution and the actions the State has county that is a unit of general local govern- Homeless Assistance Act (42 U.S.C. 11360(17)),
taken and will take in order to make all ment.
a public benefit corporation involved in the
such distributions before the end of the dis- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
transportation of passengers or cargo, or a
tribution period (as extended under sub- of general local government that has formed
special-purpose unit of State or local govern-
clause (I) and this subclause); and a consolidated government, or that is geo-
ment.
‘‘(BB) the Secretary determines that such graphically contained (in full or in part)
‘‘(4) TRANSFERS TO STATES.—Notwith-
plan is reasonably designed to distribute all within the boundaries of another unit of gen-
standing paragraph (1), a metropolitan city,
such funds to nonentitlement units of local eral local government may receive a dis-
nonentitlement unit of local government, or
government by the end of the distribution tribution under each of paragraphs (1), (2),
county receiving a payment from funds made
period (as so extended). and (3), as applicable, based on the respective
available under this section may transfer
‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If formulas specified in such paragraphs.
such funds to the State in which such entity
a State granted an additional extension of ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
the distribution period under item (aa) re- The amounts otherwise determined for allo- is located.
‘‘(d) REPORTING.—Any metropolitan city,
quires any further additional extensions of cation and payment under paragraphs (1), (2),
nonentitlement unit of local government, or
such period, the request only may be made and (3) may be adjusted by the Secretary on
county receiving funds provided under a pay-
and granted subject to the requirements a pro rata basis to the extent necessary to
ment made under this section shall provide
specified in item (aa). ensure that all available funds are distrib-
to the Secretary periodic reports providing a
‘‘(iii) CAPPED AMOUNT.—The total amount uted to metropolitan cities, counties, and
detailed accounting of the uses of such funds
distributed to a nonentitlement unit of local States in accordance with the requirements
by such metropolitan city, nonentitlement
government under this paragraph may not specified in each paragraph (as applicable) unit of local government, or county and in-
exceed the amount equal to 75 percent of the and the certification requirement specified cluding such other information as the Sec-
most recent budget for the nonentitlement in subsection (d). retary may require for the administration of
unit of local government as of January 27, ‘‘(6) POPULATION.—For purposes of deter- this section.
2020. mining allocations under this section, the ‘‘(e) RECOUPMENT.—Any metropolitan city,
‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any population of an entity shall be determined nonentitlement unit of local government, or
amounts not distributed to a nonentitlement based on the most recent data are available county that has failed to comply with sub-
unit of local government as a result of the from the Bureau of the Census or, if not section (c) shall be required to repay to the
application of clause (iii) shall be returned available, from such other data as a State Secretary an amount equal to the amount of
to the Secretary. determines appropriate. funds used in violation of such subsection.
‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(7) TIMING.— ‘‘(f) REGULATIONS.—The Secretary shall
the end of the 120-day period that begins on ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex- have the authority to issue such regulations
the date a State receives a payment from the tent practicable, with respect to each metro- as may be necessary or appropriate to carry
amount allocated under subparagraph (B) or, politan city for which an amount is allocated out this section.
if later, the last day of the distribution pe- under paragraph (1), each State for which an ‘‘(g) DEFINITIONS.—In this section:
riod for the State (as extended with respect amount is allocated under paragraph (2) for ‘‘(1) COUNTY.—The term ‘county’ means a
to the State under subparagraph (C)(ii)), distribution to nonentitlement units of local county, parish, or other equivalent county
such State has failed to make all the dis- government, and each county for which an division (as defined by the Bureau of the
tributions from such payment in accordance amount is allocated under paragraph (3), the Census).
with the terms of subparagraph (C) (includ- Secretary shall pay from such allocation the ‘‘(2) COVERED PERIOD.—The term ‘covered

ctelli on DSK11ZRN23PROD with SENATE
ing any extensions of the distribution period First Tranche Amount for such city, State, period’ means, with respect to a metropoli-
granted in accordance with such subpara- or county not later than 60 days after the tan city, nonentitlement unit of local gov-
graph), an amount equal to the amount of date of enactment of this section. ernment, or county receiving funds under
such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- this section, the period that—
of such date shall be booked as a debt of such retary shall pay to each metropolitan city ‘‘(A) begins on March 3, 2021; and
State owed to the Federal Government, shall for which an amount is allocated under para- ‘‘(B) ends on the last day of the fiscal year
be paid back from the State’s allocation pro- graph (1), each State for which an amount is of the metropolitan city, nonentitlement

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S1314 CONGRESSIONAL RECORD — SENATE March 5, 2021
unit of local government, or county in which ‘‘(D) the Secretary shall pay $100,000,000 of title II of S. Con. Res. 5; which was or-
all of the funds received by the metropolitan such amount to Tribal governments and the dered to lie on the table; as follows:
city, nonentitlement unit of local govern- State of Hawaii (in addition to the amount
On page 602, strike line 10 and all that fol-
ment, or county under this section have been paid to the State of Hawaii under subpara-
lows through page 605, line 20, and insert the
expended or returned to, or recovered by, the graph (A)), of which—
following:
Secretary. ‘‘(i) not less than $50,000 shall be paid to
‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.—
‘‘(3) FIRST TRANCHE AMOUNT.—The term each Tribal government; and
‘First Tranche Amount’ means, with respect The term ‘unit of general local government’
‘‘(ii) not less than $50,000 shall be paid to
to each metropolitan city for which an has the meaning given that term in section
the State of Hawaii for the exclusive use of
amount is allocated under subsection (b)(1), 102(a)(1) of the Housing and Community De-
the Department of Hawaiian Home Lands
each State for which an amount is allocated velopment Act of 1974 (42 U.S.C. 5302(a)(1)).’’.
and the Native Hawaiian Education Pro-
under subsection (b)(2) for distribution to grams to assist Native Hawaiians in accord-
nonentitlement units of local government, ance with this section. SA 1122. Mr. LEE submitted an
and each county for which an amount is allo- ‘‘(2) REMAINING AMOUNTS.— amendment intended to be proposed to
cated under subsection (b)(3), 50 percent of ‘‘(A) IN GENERAL.—From the amount of the amendment SA 891 proposed by Mr.
the amount so allocated to such metropoli- appropriation under subsection (a) that re-
tan city, State, or county (as applicable).
SCHUMER (for himself, Mr. WYDEN, Mrs.
mains after the application of paragraph (1),
‘‘(4) METROPOLITAN CITY.—The term ‘met- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
the Secretary shall make payments to
ropolitan city’ has the meaning given that States based on population such that— CARDIN, Ms. CANTWELL, Ms. STABENOW,
term in section 102(a)(4) of the Housing and ‘‘(i) 50 percent of such amount shall be al- Mr. TESTER, Mr. MENENDEZ, Mr.
Community Development Act of 1974 (42 located among the States based on the pro- SCHATZ, Mr. CARPER, Mr. LEAHY, and
U.S.C. 5302(a)(4)) and includes cities that re- portion that the population of each State Mr. SANDERS) to the bill H.R. 1319, to
linquish or defer their status as a metropoli- bears to the population of all States; provide for reconciliation pursuant to
tan city for purposes of receiving allocations ‘‘(ii) 25 percent of such amount shall be al- title II of S. Con. Res. 5; which was or-
under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro-
for fiscal year 2021. dered to lie on the table; as follows:
portion that the number of individuals living
‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- in rural areas in each State bears to the Beginning on page 578, strike line 22 and
ERNMENT.—The term ‘nonentitlement unit of number of individuals living in rural areas in all that follows through page 579, line 15, and
local government’ means a ‘city’, as that all States; and insert the following:
term is defined in section 102(a)(5) of the ‘‘(iii) 25 percent of such amount shall be al- ‘‘(iii) an amount equal to the remainder of
Housing and Community Development Act of located among the States based on the pro- the amount reserved under subparagraph (A)
1974 (42 U.S.C. 5302(a)(5))), that is not a met- portion that the number of individuals with after the application of clauses (i) and (ii) of
ropolitan city. a household income that is below 150 percent this subparagraph shall be allocated by the
‘‘(6) SECOND TRANCHE AMOUNT.—The term of the poverty line applicable to a family of Secretary as an additional amount to each of
‘Second Tranche Amount’ means, with re- the size involved in each State bears to the the 50 States and the District of Columbia in
spect to each metropolitan city for which an number of such individuals in all States. an amount which bears the same proportion
amount is allocated under subsection (b)(1), ‘‘(B) DATA.—In determining the allocations to such remainder as the population of the
each State for which an amount is allocated to be made to each State under subparagraph State or District of Columbia bears to the
under subsection (b)(2) for distribution to (A), the Secretary of the Treasury shall use total population of all 50 States and the Dis-
nonentitlement units of local government, the most recent data available from the Bu- trict of Columbia.
and each county for which an amount is allo- reau of the Census.
cated under subsection (b)(3), an amount not ‘‘(c) TIMING.—The Secretary shall establish SA 1123 Mr. LEE submited an amend-
to exceed 50 percent of the amount so allo- a process of applying for grants to access ment intended to be proposed to
cated to such metropolitan city, State, or funding made available under section (b) not
county (as applicable). amendment SA 891 proposed by Mr.
later than 60 days after enactment of this
‘‘(7) SECRETARY.—The term ‘Secretary’ section.
SCHUMER (for himself, Mr. WYDEN, Mrs.
means the Secretary of the Treasury. ‘‘(d) DEFINITIONS.—In this section: MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(8) STATE.—The term ‘State’ means each ‘‘(1) SECRETARY.—The term ‘Secretary’ CARDIN, Ms. CANTWELL, Ms. STABENOW,
of the 50 States, the District of Columbia, means the Secretary of the Treasury. Mr. TESTER, Mr. MENENDEZ, Mr.
the Commonwealth of Puerto Rico, the ‘‘(2) STATE.—The term ‘State’ means 1 of SCHATZ, Mr CARPER, Mr. LEAHY, and
United States Virgin Islands, Guam, the the 50 States. Mr. SANDERS) to the bill H.R. 1319, to
Commonwealth of the Northern Mariana Is- ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib- provide for reconciliation pursuant to
lands, and American Samoa. al government’ has the meaning given such
‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— title II of S.Con. Res 5; which was or-
term in section 603(g).’’.
The term ‘unit of general local government’ (b) CONFORMING AMENDMENT.—The heading dered to lie on the table; as follows:
has the meaning given that term in section for title VI of the Social Security Act (42 On page 584, insert the following after line
102(a)(1) of the Housing and Community De- U.S.C. 801 et seq.) is amended by striking 17:
velopment Act of 1974 (42 U.S.C. 5302(a)(1)). ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV- ‘‘(4) REQUIREMENT TO AUTHORIZE IN-PERSON
‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ERY, AND CRITICAL CAPITAL PROJECTS STUDENT ATTENDANCE.—Notwithstanding any
FUND. FUNDS’’. other provision of this title, the Secretary
‘‘(a) APPROPRIATION.—In addition to shall not make a payment of any amount
amounts otherwise available, there is appro- SA 1120. Mr. LEE submitted an under this section to a State, territory, or
priated for fiscal year 2021, out of any money amendment intended to be proposed to Tribal organization if, as of the date that the
in the Treasury not otherwise appropriated, amendment SA 891 proposed by Mr. payment would otherwise be required to be
$10,000,000,000, to remain available until ex- made under this section, the State, terri-
pended, for making payments to States, ter-
SCHUMER (for himself, Mr. WYDEN, Mrs.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. tory, or Tribal organization has not author-
ritories, and Tribal governments to carry ized in-person student attendance at all pri-
out critical capital projects directly ena- CARDIN, Ms. CANTWELL, Ms. STABENOW,
mary and secondary schools in the State,
bling work, education, and health moni- Mr. TESTER, Mr. MENENDEZ, Mr.
territory, or jurisdiction of the Tribal gov-
toring, including remote options, in response SCHATZ, Mr. CARPER, Mr. LEAHY, and ernment.
to the public health emergency with respect Mr. SANDERS) to the bill H.R. 1319, to
to the Coronavirus Disease (COVID–19). provide for reconciliation pursuant to
‘‘(b) PAYMENTS TO EACH OF THE 50 STATES SA 1124. Mr. LEE submitted an
AND THE DISTRICT OF COLUMBIA.— title II of S. Con. Res. 5; which was or-
amendment intended to be proposed to
‘‘(1) MINIMUM AMOUNTS.—From the amount dered to lie on the table; as follows:
Strike subtitle M of title IX. amendment SA 891 proposed by Mr.
appropriated under subsection (a)—
‘‘(A) the Secretary shall pay $100,000,000 to
SCHUMER (for himself, Mr. WYDEN, Mrs.
each State; SA 1121. Mr. LEE submitted an MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(B) the Secretary shall pay $100,000,000 to amendment intended to be proposed to CARDIN, Ms. CANTWELL, Ms. STABENOW,
the Commonwealth of Puerto Rico and amendment SA 891 proposed by Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
$100,000,000 to the District of Columbia; SCHUMER (for himself, Mr. WYDEN, Mrs. SCHATZ, Mr. CARPER, Mr. LEAHY, and

ctelli on DSK11ZRN23PROD with SENATE
‘‘(C) the Secretary shall pay $100,000,000 of MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. SANDERS) to the bill H.R. 1319, to
such amount in equal shares to the United provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW,
States Virgin Islands, Guam, American title II of S. Con. Res. 5; which was or-
Samoa, the Commonwealth of the Northern Mr. TESTER, Mr. MENENDEZ, Mr.
Mariana Islands, the Republic of the Mar- SCHATZ, Mr. CARPER, Mr. LEAHY, and dered to lie on the table; as follows:
shall Islands, the Federated States of Micro- Mr. SANDERS) to the bill H.R. 1319, to Strike section 9901 and insert the fol-
nesia, and the Republic of Palau; and provide for reconciliation pursuant to lowing:

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1315
SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- to such remainder as the average estimated ‘‘(A) to respond to the public health emer-
CAL RECOVERY FUNDS. number of seasonally-adjusted unemployed gency with respect to the Coronavirus Dis-
(a) IN GENERAL.—Title VI of the Social Se- individuals (as measured by the Bureau of ease 2019 (COVID–19) or its negative eco-
curity Act (42 U.S.C. 801 et seq.) is amended Labor Statistics Local Area Unemployment nomic impacts, including assistance to
by adding at the end the following: Statistics program) in the State or District households, small businesses, and nonprofits,
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- of Columbia over the 3-month period ending or aid to impacted industries such as tour-
ERY FUND. with December 2020 bears to the average esti- ism, travel, and hospitality;
‘‘(a) APPROPRIATION.—In addition to mated number of seasonally-adjusted unem- ‘‘(B) for the provision of government serv-
amounts otherwise available, there is appro- ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue
priated for fiscal year 2021, out of any money the District of Columbia over the same pe- of such State, territory, or Tribal govern-
in the Treasury not otherwise appropriated— riod. ment due to such emergency; or
‘‘(1) $219,800,000,000, to remain available ‘‘(C) PAYMENT.— ‘‘(C) to make necessary investments in
through July 31, 2021, for making payments ‘‘(i) IN GENERAL.—Subject to clause (ii), the water, sewer, or broadband infrastructure.
under this section to States, territories, and Secretary shall pay each of the 50 States and ‘‘(2) FURTHER RESTRICTION ON USE OF
Tribal governments to mitigate the fiscal ef- the District of Columbia, from the amount FUNDS.—
fects stemming from the public health emer- reserved under subparagraph (A), the total of ‘‘(A) IN GENERAL.—A State or territory
gency with respect to the Coronavirus Dis- the amounts allocated for the State and Dis- shall not use the funds provided under this
ease (COVID–19); and trict of Columbia under subparagraph (B) in section or transferred pursuant to section
‘‘(2) $50,000,000, to remain available until accordance with paragraph (6). 603(c)(4) to either directly or indirectly offset
expended, for the costs of the Secretary for ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
administration of the funds established a reduction in the net tax revenue of such
‘‘(I) IN GENERAL.—The sum of— State or territory resulting from a change in
under this title. ‘‘(aa) the total amounts allocated for 1 of
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— law, regulation, or administrative interpre-
the 50 States or the District of Columbia tation during the covered period that re-
‘‘(1) PAYMENTS TO TERRITORIES.— under subparagraph (B) (as determined with-
‘‘(A) IN GENERAL.—The Secretary shall re- duces any tax (by providing for a reduction
out regard to this clause); and in a rate, a rebate, a deduction, a credit, or
serve $4,500,000,000 of the amount appro- ‘‘(bb) the amounts allocated under section
priated under subsection (a)(1) to make pay- otherwise) or delays the imposition of any
603 to the State (for distribution by the tax or tax increase.
ments to the territories. State to nonentitlement units of local gov-
‘‘(B) ALLOCATION.—Of the amount reserved ‘‘(B) PENSION FUNDS.—No State or territory
ernment in the State) and to metropolitan may use funds made available under this sec-
under subparagraph (A)— cities and counties in the State;
‘‘(i) 50 percent of such amount shall be al- tion for deposit into any pension fund.
located by the Secretary equally to each ter- shall not be less than the amount paid to the ‘‘(3) TRANSFER AUTHORITY.—A State, terri-
ritory; and State or District of Columbia for fiscal year tory, or Tribal government receiving a pay-
‘‘(ii) 50 percent of such amount shall be al- 2020 under section 601. ment from funds made available under this
located by the Secretary as an additional ‘‘(II) PRO RATA ADJUSTMENT.—The Sec- section may transfer funds to a private non-
amount to each territory in an amount retary shall adjust on a pro rata basis the profit organization (as that term is defined
amount of the allocations for each of the 50 in paragraph (17) of section 401 of the McKin-
which bears the same proportion to 1⁄2 of the
States and the District of Columbia deter- ney-Vento Homeless Assistance Act (42
total amount reserved under subparagraph
mined under subparagraph (B)(iii) (without U.S.C. 11360(17)), a Tribal organization (as
(A) as the population of the territory bears
regard to this clause) to the extent necessary that term is defined in section 4 of the In-
to the total population of all such terri-
to comply with the requirement of subclause dian Self-Determination and Education As-
tories.
(I). sistance Act (25 U.S.C. 5304)), a public benefit
‘‘(C) PAYMENT.—The Secretary shall pay
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.— corporation involved in the transportation of
each territory the total of the amounts allo-
The amounts otherwise determined for allo- passengers or cargo, or a special-purpose
cated for the territory under subparagraph
cation and payment under paragraphs (1), (2), unit of State or local government.
(B) in accordance with paragraph (6).
and (3) may be adjusted by the Secretary on ‘‘(d) CERTIFICATIONS AND REPORTS.—
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— a pro rata basis to the extent necessary to
‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(1) IN GENERAL.—In order for a State or
ensure that all available funds are allocated
serve $20,000,000,000 of the amount appro- territory to receive a payment under this
to States, territories, and Tribal govern-
priated under subsection (a)(1) to make pay- section, or a transfer of funds under section
ments in accordance with the requirements
ments to Tribal governments. 603(c)(4), the State or territory shall provide
specified in each such paragraph (as applica-
‘‘(B) ALLOCATION.—Of the amount reserved the Secretary with a certification, signed by
ble).
under subparagraph (A)— an authorized officer of such State or terri-
‘‘(5) POPULATION DATA.—For purposes of de-
‘‘(i) $1,000,000,000 shall be allocated by the tory, that such State or territory requires
termining allocations for a territory under
Secretary equally among each of the Tribal the payment or transfer to carry out the ac-
this section, the population of the territory
governments; and tivities specified in subsection (c) of this sec-
shall be determined based on the most recent
‘‘(ii) $19,000,000,000 shall be allocated by the data available from the Bureau of the Cen- tion and will use any payment under this
Secretary to the Tribal governments in a sus. section, or transfer of funds under section
manner determined by the Secretary. ‘‘(6) TIMING.— 603(c)(4), in compliance with subsection (c) of
‘‘(C) PAYMENT.— The Secretary shall pay ‘‘(A) IN GENERAL.—To the extent prac- this section
each Tribal government the total of the ticable, with respect to each State and terri- ‘‘(2) REPORTING.—Any State, territory, or
amounts allocated for the Tribal government tory allocated a payment under this sub- Tribal government receiving a payment
under subparagraph (B) in accordance with section, the Secretary shall make the pay- under this section shall provide to the Sec-
paragraph (6). ment required for the State or territory not retary periodic reports providing a detailed
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES later than 60 days after the date on which accounting of—
AND THE DISTRICT OF COLUMBIA.— the certification required under subsection ‘‘(A) the uses of funds by such State, terri-
‘‘(A) IN GENERAL.—The Secretary shall re- (d)(1) is provided to the Secretary. tory, or Tribal government, including, in the
serve $195,300,000,000 of the amount appro- ‘‘(B) TRIBAL GOVERNMENTS.—To the extent case of a State or a territory, all modifica-
priated under subsection (a)(1) to make pay- practicable, with respect to each Tribal gov- tions to the State’s or territory’s tax rev-
ments to each of the 50 States and the Dis- ernment for which an amount is allocated enue sources during the covered period; and
trict of Columbia. under this subsection, the Secretary shall ‘‘(B) such other information as the Sec-
‘‘(B) ALLOCATIONS.—Of the amount re- make the payment required for the Tribal retary may require for the administration of
served under subparagraph (A)— government not later than 60 days after the this section.
‘‘(i) $25,500,000,000 of such amount shall be date of enactment of this section. ‘‘(e) RECOUPMENT.—Any State, territory, or
allocated by the Secretary equally among ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- Tribal government that has failed to comply
each of the 50 States and the District of Co- LUMBIA.—The Secretary shall pay the with subsection (c) shall be required to repay
lumbia; amount allocated under paragraph (3)(B)(ii) to the Secretary an amount equal to the
‘‘(ii) an amount equal to $1,250,000,000 less to the District of Columbia not later than 15 amount of funds used in violation of such
the amount allocated for the District of Co- days after the date of enactment of this sec- subsection, provided that, in the case of a
lumbia pursuant to section 601(c)(6) shall be tion. violation of subsection (c)(2)(A), the amount
allocated by the Secretary as an additional ‘‘(c) REQUIREMENTS.— the State or territory shall be required to
amount to the District of Columbia; and ‘‘(1) USE OF FUNDS.—Subject to paragraph repay shall be lesser of—

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‘‘(iii) an amount equal to the remainder of (2), and except as provided in paragraph (3), ‘‘(1) the amount of the applicable reduction
the amount reserved under subparagraph (A) a State, territory, or Tribal government to net tax revenue attributable to such vio-
after the application of clauses (i) and (ii) of shall only use the funds provided under a lation; and
this subparagraph shall be allocated by the payment made under this section, or trans- ‘‘(2) the amount of funds received by such
Secretary as an additional amount to each of ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment
the 50 States and the District of Columbia in costs incurred by the State, territory, or made under this section or a transfer made
an amount which bears the same proportion Tribal government, by July 31, 2021— under section 603(c)(4).

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S1316 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘(f) REGULATIONS.—The Secretary shall government in the State bears to the total graph), an amount equal to the amount of
have the authority to issue such regulations population of all nonentitlement units of such payment that remains undistributed as
as may be necessary or appropriate to carry local government in all such States. of such date shall be booked as a debt of such
out this section. ‘‘(C) DISTRIBUTION TO NONENTITLEMENT State owed to the Federal Government, shall
‘‘(g) DEFINITIONS.—In this section: UNITS OF LOCAL GOVERNMENT.— be paid back from the State’s allocation pro-
‘‘(1) COVERED PERIOD.—The term ‘covered ‘‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall
period’ means, with respect to a State, terri- after a State receives a payment under sub- be deposited into the general fund of the
tory, or Tribal government, the period that— paragraph (B), the State shall distribute to Treasury.
‘‘(A) begins on March 3, 2021; and each nonentitlement unit of local govern- ‘‘(3) COUNTIES.—
‘‘(B) ends on the last day of the fiscal year ment in the State an amount that bears the ‘‘(A) AMOUNT.—From the amount appro-
of such State, territory, or Tribal govern- same proportion to the amount of such pay- priated under subsection (a), the Secretary
ment in which all funds received by the ment as the population of the nonentitle- shall reserve and allocate $60,100,000,000 of
State, territory, or Tribal government from ment unit of local government bears to the such amount to make payments directly to
a payment made under this section or a total population of all the nonentitlement counties in an amount which bears the same
transfer made under section 603(c)(4) have units of local government in the State, sub- proportion to the total amount reserved
been expended or returned to, or recovered ject to clause (iii). under this paragraph as the population of
by, the Secretary. ‘‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu-
‘‘(2) SECRETARY.—The term ‘Secretary’ ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such
means the Secretary of the Treasury. authorized officer of a State required to
allocated amounts to such counties in ac-
‘‘(3) STATE.—The term ‘State’ means each make distributions under clause (i) certifies
cordance with paragraph (7).
of the 50 States and the District of Columbia. in writing to the Secretary before the end of
‘‘(B) SPECIAL RULES.—
‘‘(4) TERRITORY.—The term ‘territory’ the 30-day distribution period described in
‘‘(i) URBAN COUNTIES.—No county that is an
means the Commonwealth of Puerto Rico, such clause that it would constitute an ex-
‘urban county’ (as defined in section 102 of
the United States Virgin Islands, Guam, the cessive administrative burden for the State
the Housing and Community Development
Commonwealth of the Northern Mariana Is- to meet the terms of such clause with re-
Act of 1974 (42 U.S.C. 5302)) shall receive less
lands, and American Samoa. spect to 1 or more such distributions, the au-
thorized officer may request, and the Sec- than the amount the county would otherwise
‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- receive if the amount paid under this para-
al Government’ means the recognized gov- retary shall grant, an extension of such pe-
riod of not more than 30 days to allow the graph were allocated to metropolitan cities
erning body of any Indian or Alaska Native and urban counties under section 106(b) of
tribe, band, nation, pueblo, village, commu- State to make such distributions in accord-
ance with clause (i). the Housing and Community Development
nity, component band, or component res- Act of 1974 (42 U.S.C. 5306(b)).
ervation, individually identified (including ‘‘(II) ADDITIONAL EXTENSIONS.—
‘‘(aa) IN GENERAL.—If a State has been ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
parenthetically) in the list published most ERAL LOCAL GOVERNMENT.—In the case of an
recently as of the date of enactment of this granted an extension to the distribution pe-
riod under subclause (I) but is unable to amount to be paid to a county that is not a
Act pursuant to section 104 of the Federally unit of general local government, the
Recognized Indian Tribe List Act of 1994 (25 make all the distributions required under
clause (i) before the end of such period as ex- amount shall instead be paid to the State in
U.S.C. 5131). which such county is located, and such State
‘‘(h) RESCISSION OF FUNDS.—Any funds tended, an authorized officer of the State
may request an additional extension of the shall distribute such amount to each unit of
made available under this section that are
unobligated on August 1, 2021, shall be re- distribution period of not more than 30 days. general local government within such county
turned to the general fund of the Treasury. The Secretary may grant a request for an ad- in an amount that bears the same proportion
‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- ditional extension of such period only if— to the amount to be paid to such county as
ERY FUND. ‘‘(AA) the authorized officer making such the population of such units of general local
‘‘(a) APPROPRIATION.—In addition to request provides a written plan to the Sec- government bears to the total population of
amounts otherwise available, there is appro- retary specifying, for each distribution for such county.
priated for fiscal year 2021, out of any money which an additional extension is requested, ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
in the Treasury not otherwise appropriated, when the State expects to make such dis- of this paragraph, the District of Columbia
$120,200,000,000, to remain available through tribution and the actions the State has shall be considered to consist of a single
July 31, 2021, for making payments under taken and will take in order to make all county that is a unit of general local govern-
this section to metropolitan cities, non- such distributions before the end of the dis- ment.
entitlement units of local government, and tribution period (as extended under sub- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
counties to mitigate the fiscal effects stem- clause (I) and this subclause); and of general local government that has formed
ming from the public health emergency with ‘‘(BB) the Secretary determines that such a consolidated government, or that is geo-
respect to the Coronavirus Disease (COVID– plan is reasonably designed to distribute all graphically contained (in full or in part)
19). such funds to nonentitlement units of local within the boundaries of another unit of gen-
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— government by the end of the distribution eral local government may receive a dis-
‘‘(1) METROPOLITAN CITIES.— period (as so extended). tribution under each of paragraphs (1), (2),
‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If and (3), as applicable, based on the respective
priated under subsection (a), the Secretary a State granted an additional extension of formulas specified in such paragraphs.
shall reserve $42,070,000,000 to make pay- the distribution period under item (aa) re- ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
ments to metropolitan cities. quires any further additional extensions of The amounts otherwise determined for allo-
‘‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made cation and payment under paragraphs (1), (2),
amount reserved under subparagraph (A), the and granted subject to the requirements and (3) may be adjusted by the Secretary on
Secretary shall allocate and, in accordance specified in item (aa). a pro rata basis to the extent necessary to
with paragraph (7), pay to each metropolitan ‘‘(iii) CAPPED AMOUNT.—The total amount ensure that all available funds are distrib-
city an amount determined for the metro- distributed to a nonentitlement unit of local uted to metropolitan cities, counties, and
politan city consistent with the formula government under this paragraph may not States in accordance with the requirements
under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the specified in each paragraph (as applicable)
munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement and the certification requirement specified
5306(b)), except that, in applying such for- unit of local government as of January 27, in subsection (d).
mula, the Secretary shall substitute ‘all 2020. ‘‘(6) POPULATION.—For purposes of deter-
metropolitan cities’ for ‘all metropolitan ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any mining allocations under this section, the
areas’ each place it appears. amounts not distributed to a nonentitlement population of an entity shall be determined
‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the based on the most recent data are available
ERNMENT.— application of clause (iii) shall be returned from the Bureau of the Census or, if not
‘‘(A) IN GENERAL.—Of the amount appro- to the Secretary. available, from such other data as a State
priated under subsection (a), the Secretary ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by determines appropriate.
shall reserve $18,030,000,000 to make pay- the end of the 120-day period that begins on ‘‘(7) TIMING.—
ments to States for distribution by the State the date a State receives a payment from the ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex-
to nonentitlement units of local government amount allocated under subparagraph (B) or, tent practicable, with respect to each metro-
in the State. if later, the last day of the distribution pe- politan city for which an amount is allocated

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‘‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect under paragraph (1), each State for which an
amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)), amount is allocated under paragraph (2) for
Secretary shall allocate and, in accordance such State has failed to make all the dis- distribution to nonentitlement units of local
with paragraph (7), pay to each State an tributions from such payment in accordance government, and each county for which an
amount which bears the same proportion to with the terms of subparagraph (C) (includ- amount is allocated under paragraph (3), the
such reserved amount as the total popu- ing any extensions of the distribution period Secretary shall pay from such allocation the
lation of all nonentitlement units of local granted in accordance with such subpara- First Tranche Amount for such city, State,

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1317
or county not later than 60 days after the ‘‘(2) COVERED PERIOD.—The term ‘covered ‘‘(A) the Secretary shall pay $100,000,000 to
date of enactment of this section. period’ means, with respect to a metropoli- each State;
‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- tan city, nonentitlement unit of local gov- ‘‘(B) the Secretary shall pay $100,000,000 to
retary shall pay to each metropolitan city ernment, or county receiving funds under the Commonwealth of Puerto Rico and
for which an amount is allocated under para- this section, the period that— $100,000,000 to the District of Columbia;
graph (1), each State for which an amount is ‘‘(A) begins on March 3, 2021; and ‘‘(C) the Secretary shall pay $100,000,000 of
allocated under paragraph (2) for distribu- ‘‘(B) ends on the last day of the fiscal year such amount in equal shares to the United
tion to nonentitlement units of local govern- of the metropolitan city, nonentitlement States Virgin Islands, Guam, American
ment, and each county for which an amount unit of local government, or county in which Samoa, the Commonwealth of the Northern
is allocated under paragraph (3), the Second all of the funds received by the metropolitan Mariana Islands, the Republic of the Mar-
Tranche Amount for such city, State, or city, nonentitlement unit of local govern- shall Islands, the Federated States of Micro-
county not earlier than 12 months after the ment, or county under this section have been nesia, and the Republic of Palau; and
date on which the First Tranche Amount is expended or returned to, or recovered by, the ‘‘(D) the Secretary shall pay $100,000,000 of
paid to the city, State, or county. Secretary. such amount to Tribal governments and the
‘‘(c) REQUIREMENTS.— ‘‘(3) FIRST TRANCHE AMOUNT.—The term State of Hawaii (in addition to the amount
‘‘(1) USE OF FUNDS.—Subject to paragraph ‘First Tranche Amount’ means, with respect paid to the State of Hawaii under subpara-
(2), and except as provided in paragraphs (3) to each metropolitan city for which an graph (A)), of which—
and (4), a metropolitan city, nonentitlement amount is allocated under subsection (b)(1), ‘‘(i) not less than $50,000 shall be paid to
unit of local government, or county shall each State for which an amount is allocated each Tribal government; and
only use the funds provided under a payment under subsection (b)(2) for distribution to ‘‘(ii) not less than $50,000 shall be paid to
made under this section to cover costs in- nonentitlement units of local government, the State of Hawaii for the exclusive use of
curred by the metropolitan city, nonentitle- and each county for which an amount is allo- the Department of Hawaiian Home Lands
ment unit of local government, or county, by cated under subsection (b)(3), 50 percent of and the Native Hawaiian Education Pro-
July 31, 2021— the amount so allocated to such metropoli- grams to assist Native Hawaiians in accord-
‘‘(A) to respond to the public health emer- tan city, State, or county (as applicable). ance with this section.
gency with respect to the Coronavirus Dis- ‘‘(4) METROPOLITAN CITY.—The term ‘met- ‘‘(2) REMAINING AMOUNTS.—
ease 2019 (COVID–19) or its negative eco- ropolitan city’ has the meaning given that ‘‘(A) IN GENERAL.—From the amount of the
nomic impacts, including assistance to term in section 102(a)(4) of the Housing and appropriation under subsection (a) that re-
households, small businesses, and nonprofits, Community Development Act of 1974 (42 mains after the application of paragraph (1),
or aid to impacted industries such as tour- U.S.C. 5302(a)(4)) and includes cities that re- the Secretary shall make payments to
ism, travel, and hospitality; linquish or defer their status as a metropoli- States based on population such that—
‘‘(B) for the provision of government serv- tan city for purposes of receiving allocations ‘‘(i) 50 percent of such amount shall be al-
ices to the extent of the reduction in revenue under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro-
of such metropolitan city, nonentitlement for fiscal year 2021. portion that the population of each State
unit of local government, or county due to ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- bears to the population of all States;
such emergency; or ERNMENT.—The term ‘nonentitlement unit of ‘‘(ii) 25 percent of such amount shall be al-
‘‘(C) to make necessary investments in local government’ means a ‘city’, as that located among the States based on the pro-
water, sewer, or broadband infrastructure. term is defined in section 102(a)(5) of the portion that the number of individuals living
‘‘(2) PENSION FUNDS.—No metropolitan Housing and Community Development Act of in rural areas in each State bears to the
city, nonentitlement unit of local govern- 1974 (42 U.S.C. 5302(a)(5))), that is not a met- number of individuals living in rural areas in
ment, or county may use funds made avail- ropolitan city. all States; and
able under this section for deposit into any ‘‘(6) SECOND TRANCHE AMOUNT.—The term ‘‘(iii) 25 percent of such amount shall be al-
pension fund. ‘Second Tranche Amount’ means, with re- located among the States based on the pro-
‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an portion that the number of individuals with
city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1), a household income that is below 150 percent
ment, or county receiving a payment from each State for which an amount is allocated of the poverty line applicable to a family of
funds made available under this section may under subsection (b)(2) for distribution to the size involved in each State bears to the
transfer funds to a private nonprofit organi- nonentitlement units of local government, number of such individuals in all States.
zation (as that term is defined in paragraph and each county for which an amount is allo- ‘‘(B) DATA.—In determining the allocations
(17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not to be made to each State under subparagraph
Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo- (A), the Secretary of the Treasury shall use
a public benefit corporation involved in the cated to such metropolitan city, State, or the most recent data available from the Bu-
transportation of passengers or cargo, or a county (as applicable). reau of the Census.
special-purpose unit of State or local govern- ‘‘(7) SECRETARY.—The term ‘Secretary’ ‘‘(c) TIMING.—The Secretary shall establish
ment. means the Secretary of the Treasury. a process of applying for grants to access
‘‘(4) TRANSFERS TO STATES.—Notwith- ‘‘(8) STATE.—The term ‘State’ means each funding made available under section (b) not
standing paragraph (1), a metropolitan city, of the 50 States, the District of Columbia, later than 60 days after enactment of this
nonentitlement unit of local government, or the Commonwealth of Puerto Rico, the section.
county receiving a payment from funds made United States Virgin Islands, Guam, the ‘‘(d) DEFINITIONS.—In this section:
available under this section may transfer Commonwealth of the Northern Mariana Is- ‘‘(1) SECRETARY.—The term ‘Secretary’
such funds to the State in which such entity lands, and American Samoa. means the Secretary of the Treasury.
is located. ‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— ‘‘(2) STATE.—The term ‘State’ means 1 of
‘‘(d) REPORTING.—Any metropolitan city, The term ‘unit of general local government’ the 50 States.
nonentitlement unit of local government, or has the meaning given that term in section ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib-
county receiving funds provided under a pay- 102(a)(1) of the Housing and Community De- al government’ has the meaning given such
ment made under this section shall provide velopment Act of 1974 (42 U.S.C. 5302(a)(1)). term in section 603(g).’’.
to the Secretary periodic reports providing a ‘‘(h) RESCISSION OF FUNDS.—Any funds (b) CONFORMING AMENDMENT.—The heading
detailed accounting of the uses of such funds made available under this section that are for title VI of the Social Security Act (42
by such metropolitan city, nonentitlement unobligated on August 1, 2021, shall be re- U.S.C. 801 et seq.) is amended by striking
unit of local government, or county and in- turned to the general fund of the Treasury. ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV-
cluding such other information as the Sec- ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ERY, AND CRITICAL CAPITAL PROJECTS
retary may require for the administration of FUND. FUNDS’’.
this section. ‘‘(a) APPROPRIATION.—In addition to
‘‘(e) RECOUPMENT.—Any metropolitan city, amounts otherwise available, there is appro- SA 1125. Mr. LEE submitted an
nonentitlement unit of local government, or priated for fiscal year 2021, out of any money amendment intended to be proposed to
county that has failed to comply with sub- in the Treasury not otherwise appropriated, amendment SA 891 proposed by Mr.
section (c) shall be required to repay to the $10,000,000,000, to remain available until ex- SCHUMER (for himself, Mr. WYDEN, Mrs.
Secretary an amount equal to the amount of pended, for making payments to States, ter- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
funds used in violation of such subsection. ritories, and Tribal governments to carry CARDIN, Ms. CANTWELL, Ms. STABENOW,
‘‘(f) REGULATIONS.—The Secretary shall out critical capital projects directly ena- Mr. TESTER, Mr. MENENDEZ, Mr.
have the authority to issue such regulations bling work, education, and health moni-

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as may be necessary or appropriate to carry toring, including remote options, in response
SCHATZ, Mr. CARPER, Mr. LEAHY, and
out this section. to the public health emergency with respect Mr. SANDERS) to the bill H.R. 1319, to
‘‘(g) DEFINITIONS.—In this section: to the Coronavirus Disease (COVID–19). provide for reconciliation pursuant to
‘‘(1) COUNTY.—The term ‘county’ means a ‘‘(b) PAYMENTS TO EACH OF THE 50 STATES title II of S. Con. Res 5; which was or-
county, parish, or other equivalent county AND THE DISTRICT OF COLUMBIA.— dered to lie on the table; as follows:
division (as defined by the Bureau of the ‘‘(1) MINIMUM AMOUNTS.—From the amount Strike section 9901 and insert the fol-
Census). appropriated under subsection (a)— lowing:

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S1318 CONGRESSIONAL RECORD — SENATE March 5, 2021
SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- to such remainder as the average estimated ‘‘(A) to respond to the public health emer-
CAL RECOVERY FUNDS. number of seasonally-adjusted unemployed gency with respect to the Coronavirus Dis-
(a) IN GENERAL.—Title VI of the Social Se- individuals (as measured by the Bureau of ease 2019 (COVID–19) or its negative eco-
curity Act (42 U.S.C. 801 et seq.) is amended Labor Statistics Local Area Unemployment nomic impacts, including assistance to
by adding at the end the following: Statistics program) in the State or District households, small businesses, and nonprofits,
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- of Columbia over the 3-month period ending or aid to impacted industries such as tour-
ERY FUND. with December 2020 bears to the average esti- ism, travel, and hospitality;
‘‘(a) APPROPRIATION.—In addition to mated number of seasonally-adjusted unem- ‘‘(B) for the provision of government serv-
amounts otherwise available, there is appro- ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue
priated for fiscal year 2021, out of any money the District of Columbia over the same pe-
in the Treasury not otherwise appropriated— of such State, territory, or Tribal govern-
riod. ment due to such emergency; or
‘‘(1) $219,800,000,000, to remain available ‘‘(C) PAYMENT.—
through July 31, 2021, for making payments ‘‘(C) to make necessary investments in
‘‘(i) IN GENERAL.—Subject to clause (ii), the water, sewer, or broadband infrastructure.
under this section to States, territories, and Secretary shall pay each of the 50 States and
Tribal governments to mitigate the fiscal ef- ‘‘(2) FURTHER RESTRICTION ON USE OF
the District of Columbia, from the amount FUNDS.—
fects stemming from the public health emer- reserved under subparagraph (A), the total of
gency with respect to the Coronavirus Dis- ‘‘(A) IN GENERAL.—A State or territory
the amounts allocated for the State and Dis- shall not use the funds provided under this
ease (COVID–19); and trict of Columbia under subparagraph (B) in
‘‘(2) $50,000,000, to remain available until section or transferred pursuant to section
accordance with paragraph (6).
expended, for the costs of the Secretary for 603(c)(4) to either directly or indirectly offset
‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
administration of the funds established a reduction in the net tax revenue of such
‘‘(I) IN GENERAL.—The sum of—
under this title. State or territory resulting from a change in
‘‘(aa) the total amounts allocated for 1 of
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— law, regulation, or administrative interpre-
the 50 States or the District of Columbia
‘‘(1) PAYMENTS TO TERRITORIES.— tation during the covered period that re-
under subparagraph (B) (as determined with-
‘‘(A) IN GENERAL.—The Secretary shall re- out regard to this clause); and duces any tax (by providing for a reduction
serve $4,500,000,000 of the amount appro- ‘‘(bb) the amounts allocated under section in a rate, a rebate, a deduction, a credit, or
priated under subsection (a)(1) to make pay- 603 to the State (for distribution by the otherwise) or delays the imposition of any
ments to the territories. State to nonentitlement units of local gov- tax or tax increase.
‘‘(B) ALLOCATION.—Of the amount reserved ernment in the State) and to metropolitan ‘‘(B) PENSION FUNDS.—No State or territory
under subparagraph (A)— cities and counties in the State; may use funds made available under this sec-
‘‘(i) 50 percent of such amount shall be al- shall not be less than the amount paid to the tion for deposit into any pension fund.
located by the Secretary equally to each ter- State or District of Columbia for fiscal year ‘‘(3) TRANSFER AUTHORITY.—A State, terri-
ritory; and 2020 under section 601. tory, or Tribal government receiving a pay-
‘‘(ii) 50 percent of such amount shall be al- ‘‘(II) PRO RATA ADJUSTMENT.—The Sec- ment from funds made available under this
located by the Secretary as an additional retary shall adjust on a pro rata basis the section may transfer funds to a private non-
amount to each territory in an amount amount of the allocations for each of the 50 profit organization (as that term is defined
which bears the same proportion to 1⁄2 of the States and the District of Columbia deter- in paragraph (17) of section 401 of the McKin-
total amount reserved under subparagraph mined under subparagraph (B)(iii) (without ney-Vento Homeless Assistance Act (42
(A) as the population of the territory bears regard to this clause) to the extent necessary U.S.C. 11360(17)), a Tribal organization (as
to the total population of all such terri- to comply with the requirement of subclause that term is defined in section 4 of the In-
tories. (I). dian Self-Determination and Education As-
‘‘(C) PAYMENT.—The Secretary shall pay ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.— sistance Act (25 U.S.C. 5304)), a public benefit
each territory the total of the amounts allo- The amounts otherwise determined for allo- corporation involved in the transportation of
cated for the territory under subparagraph cation and payment under paragraphs (1), (2), passengers or cargo, or a special-purpose
(B) in accordance with paragraph (6). and (3) may be adjusted by the Secretary on unit of State or local government.
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— a pro rata basis to the extent necessary to ‘‘(4) REQUIREMENT TO SPEND ALL PREVIOUS
‘‘(A) IN GENERAL.—The Secretary shall re- ensure that all available funds are allocated CORONAVIRUS RELIEF FUNDING.—
serve $20,000,000,000 of the amount appro- to States, territories, and Tribal govern- ‘‘(A) IN GENERAL.—Notwithstanding any
priated under subsection (a)(1) to make pay- ments in accordance with the requirements other provision of this title, the Secretary
ments to Tribal governments. specified in each such paragraph (as applica- shall not make a payment of any amount
‘‘(B) ALLOCATION.—Of the amount reserved ble). under this section to a State, territory, or
under subparagraph (A)— ‘‘(5) POPULATION DATA.—For purposes of de- Tribal organization if, as of the date that the
‘‘(i) $1,000,000,000 shall be allocated by the termining allocations for a territory under payment would otherwise be required to be
Secretary equally among each of the Tribal this section, the population of the territory made under this section, the State, terri-
governments; and shall be determined based on the most recent tory, or Tribal organization has not obli-
‘‘(ii) $19,000,000,000 shall be allocated by the data available from the Bureau of the Cen- gated all of the funds previously provided to
Secretary to the Tribal governments in a sus. the State, territory, or Tribal under any
manner determined by the Secretary. ‘‘(6) TIMING.— coronavirus response law.
‘‘(C) PAYMENT.— The Secretary shall pay ‘‘(A) IN GENERAL.—To the extent prac- ‘‘(B) APPLICATION TO LOCALITIES.—Subpara-
each Tribal government the total of the ticable, with respect to each State and terri- graph (A) shall apply to any funds provided
amounts allocated for the Tribal government tory allocated a payment under this sub- to a metropolitan city, nonentitlement unit
under subparagraph (B) in accordance with section, the Secretary shall make the pay- of local government, or county under section
paragraph (6). ment required for the State or territory not 603 in the same manner such subparagraph
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES later than 60 days after the date on which applies to funds provided to a State, terri-
AND THE DISTRICT OF COLUMBIA.— the certification required under subsection
tory, or local government under this section.
‘‘(A) IN GENERAL.—The Secretary shall re- (d)(1) is provided to the Secretary.
serve $195,300,000,000 of the amount appro- ‘‘(B) TRIBAL GOVERNMENTS.—To the extent ‘‘(d) CERTIFICATIONS AND REPORTS.—
priated under subsection (a)(1) to make pay- practicable, with respect to each Tribal gov- ‘‘(1) IN GENERAL.—In order for a State or
ments to each of the 50 States and the Dis- ernment for which an amount is allocated territory to receive a payment under this
trict of Columbia. under this subsection, the Secretary shall section, or a transfer of funds under section
‘‘(B) ALLOCATIONS.—Of the amount re- make the payment required for the Tribal 603(c)(4), the State or territory shall provide
served under subparagraph (A)— government not later than 60 days after the the Secretary with a certification, signed by
‘‘(i) $25,500,000,000 of such amount shall be date of enactment of this section. an authorized officer of such State or terri-
allocated by the Secretary equally among ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- tory, that such State or territory—
each of the 50 States and the District of Co- LUMBIA.—The Secretary shall pay the ‘‘(A) requires the payment or transfer to
lumbia; amount allocated under paragraph (3)(B)(ii) carry out the activities specified in sub-
‘‘(ii) an amount equal to $1,250,000,000 less to the District of Columbia not later than 15 section (c) of this section and will use any
the amount allocated for the District of Co- days after the date of enactment of this sec- payment under this section, or transfer of
lumbia pursuant to section 601(c)(6) shall be tion. funds under section 603(c)(4), in compliance
allocated by the Secretary as an additional ‘‘(c) REQUIREMENTS.— with subsection (c) of this section; and
amount to the District of Columbia; and ‘‘(1) USE OF FUNDS.—Subject to paragraph ‘‘(B) has obligated all of the funds pre-

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‘‘(iii) an amount equal to the remainder of (2), and except as provided in paragraph (3), viously provided to the State or territory
the amount reserved under subparagraph (A) a State, territory, or Tribal government under the Coronavirus Aid, Relief, and Eco-
after the application of clauses (i) and (ii) of shall only use the funds provided under a nomic Security Act (Public Law 116–136) and
this subparagraph shall be allocated by the payment made under this section, or trans- divisions M and N of the Consolidated Appro-
Secretary as an additional amount to each of ferred pursuant to section 603(c)(4), to cover priations Act, 2021 (Public Law 116–260).
the 50 States and the District of Columbia in costs incurred by the State, territory, or ‘‘(2) REPORTING.—Any State, territory, or
an amount which bears the same proportion Tribal government, by July 31, 2021— Tribal government receiving a payment

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1319
under this section shall provide to the Sec- unobligated on August 1, 2021, shall be re- distribution period of not more than 30 days.
retary periodic reports providing a detailed turned to the general fund of the Treasury. The Secretary may grant a request for an ad-
accounting of— ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- ditional extension of such period only if—
‘‘(A) the uses of funds by such State, terri- ERY FUND. ‘‘(AA) the authorized officer making such
tory, or Tribal government, including, in the ‘‘(a) APPROPRIATION.—In addition to request provides a written plan to the Sec-
case of a State or a territory, all modifica- amounts otherwise available, there is appro- retary specifying, for each distribution for
tions to the State’s or territory’s tax rev- priated for fiscal year 2021, out of any money which an additional extension is requested,
enue sources during the covered period; and in the Treasury not otherwise appropriated, when the State expects to make such dis-
‘‘(B) such other information as the Sec- $120,200,000,000, to remain available through tribution and the actions the State has
retary may require for the administration of July 31, 2021, for making payments under taken and will take in order to make all
this section. this section to metropolitan cities, non- such distributions before the end of the dis-
‘‘(e) RECOUPMENT.—Any State, territory, or entitlement units of local government, and tribution period (as extended under sub-
Tribal government that has failed to comply counties to mitigate the fiscal effects stem- clause (I) and this subclause); and
with subsection (c) shall be required to repay ming from the public health emergency with ‘‘(BB) the Secretary determines that such
to the Secretary an amount equal to the respect to the Coronavirus Disease (COVID– plan is reasonably designed to distribute all
19). such funds to nonentitlement units of local
amount of funds used in violation of such
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— government by the end of the distribution
subsection, provided that, in the case of a ‘‘(1) METROPOLITAN CITIES.—
violation of subsection (c)(2)(A), the amount period (as so extended).
‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If
the State or territory shall be required to priated under subsection (a), the Secretary
repay shall be lesser of— a State granted an additional extension of
shall reserve $42,070,000,000 to make pay- the distribution period under item (aa) re-
‘‘(1) the amount of the applicable reduction ments to metropolitan cities.
to net tax revenue attributable to such vio- quires any further additional extensions of
‘‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made
lation; and amount reserved under subparagraph (A), the
‘‘(2) the amount of funds received by such and granted subject to the requirements
Secretary shall allocate and, in accordance specified in item (aa).
State or territory pursuant to a payment with paragraph (7), pay to each metropolitan
made under this section or a transfer made ‘‘(iii) CAPPED AMOUNT.—The total amount
city an amount determined for the metro- distributed to a nonentitlement unit of local
under section 603(c)(4). politan city consistent with the formula government under this paragraph may not
‘‘(f) REGULATIONS.—The Secretary shall under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the
have the authority to issue such regulations munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement
as may be necessary or appropriate to carry 5306(b)), except that, in applying such for- unit of local government as of January 27,
out this section. mula, the Secretary shall substitute ‘all 2020.
‘‘(g) DEFINITIONS.—In this section: metropolitan cities’ for ‘all metropolitan ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any
‘‘(1) CORONAVIRUS RESPONSE LAW.—The areas’ each place it appears. amounts not distributed to a nonentitlement
term ‘coronavirus response law’ means— ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the
‘‘(A) the Coronavirus Preparedness and Re- ERNMENT.— application of clause (iii) shall be returned
sponse Supplemental Appropriations Act, ‘‘(A) IN GENERAL.—Of the amount appro- to the Secretary.
2020 (Public Law 116–123); priated under subsection (a), the Secretary ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by
‘‘(B) the Families First Coronavirus Re- shall reserve $18,030,000,000 to make pay- the end of the 120-day period that begins on
sponse Act (Public Law 116–127); ments to States for distribution by the State the date a State receives a payment from the
‘‘(C) the Coronavirus Aid, Relief, and Eco- to nonentitlement units of local government amount allocated under subparagraph (B) or,
nomic Security Act (Public Law 116–136); in the State. if later, the last day of the distribution pe-
‘‘(D) the Paycheck Protection Program ‘‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect
and Health Care Enhancement Act (Public amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)),
Law 116–139); Secretary shall allocate and, in accordance such State has failed to make all the dis-
‘‘(E) the Consolidated Appropriations Act, with paragraph (7), pay to each State an tributions from such payment in accordance
2021 (Public Law 116–260); and amount which bears the same proportion to with the terms of subparagraph (C) (includ-
‘‘(F) any other law that appropriates or such reserved amount as the total popu- ing any extensions of the distribution period
otherwise makes available funds, estab- lation of all nonentitlement units of local granted in accordance with such subpara-
lishes, amends, or expands a program, or au- government in the State bears to the total graph), an amount equal to the amount of
thorizes activities or assistance for a purpose population of all nonentitlement units of such payment that remains undistributed as
that is expressly related to responding to, or local government in all such States. of such date shall be booked as a debt of such
mitigating the effects of, a coronavirus pub- ‘‘(C) DISTRIBUTION TO NONENTITLEMENT State owed to the Federal Government, shall
lic health emergency. UNITS OF LOCAL GOVERNMENT.— be paid back from the State’s allocation pro-
‘‘(2) COVERED PERIOD.—The term ‘covered ‘‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall
period’ means, with respect to a State, terri- after a State receives a payment under sub- be deposited into the general fund of the
tory, or Tribal government, the period that— paragraph (B), the State shall distribute to Treasury.
‘‘(A) begins on March 3, 2021; and each nonentitlement unit of local govern- ‘‘(3) COUNTIES.—
‘‘(B) ends on the last day of the fiscal year ment in the State an amount that bears the ‘‘(A) AMOUNT.—From the amount appro-
of such State, territory, or Tribal govern- same proportion to the amount of such pay- priated under subsection (a), the Secretary
ment in which all funds received by the ment as the population of the nonentitle- shall reserve and allocate $60,100,000,000 of
State, territory, or Tribal government from ment unit of local government bears to the such amount to make payments directly to
a payment made under this section or a total population of all the nonentitlement counties in an amount which bears the same
transfer made under section 603(c)(4) have units of local government in the State, sub- proportion to the total amount reserved
been expended or returned to, or recovered ject to clause (iii). under this paragraph as the population of
by, the Secretary. ‘‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu-
‘‘(3) SECRETARY.—The term ‘Secretary’ ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such
means the Secretary of the Treasury. authorized officer of a State required to allocated amounts to such counties in ac-
‘‘(4) STATE.—The term ‘State’ means each make distributions under clause (i) certifies cordance with paragraph (7).
of the 50 States and the District of Columbia. in writing to the Secretary before the end of ‘‘(B) SPECIAL RULES.—
‘‘(5) TERRITORY.—The term ‘territory’ the 30-day distribution period described in ‘‘(i) URBAN COUNTIES.—No county that is an
means the Commonwealth of Puerto Rico, such clause that it would constitute an ex- ‘urban county’ (as defined in section 102 of
the United States Virgin Islands, Guam, the cessive administrative burden for the State the Housing and Community Development
Commonwealth of the Northern Mariana Is- to meet the terms of such clause with re- Act of 1974 (42 U.S.C. 5302)) shall receive less
lands, and American Samoa. spect to 1 or more such distributions, the au- than the amount the county would otherwise
‘‘(6) TRIBAL GOVERNMENT.—The term ‘Trib- thorized officer may request, and the Sec- receive if the amount paid under this para-
al Government’ means the recognized gov- retary shall grant, an extension of such pe- graph were allocated to metropolitan cities
erning body of any Indian or Alaska Native riod of not more than 30 days to allow the and urban counties under section 106(b) of
tribe, band, nation, pueblo, village, commu- State to make such distributions in accord- the Housing and Community Development
nity, component band, or component res- ance with clause (i). Act of 1974 (42 U.S.C. 5306(b)).
ervation, individually identified (including ‘‘(II) ADDITIONAL EXTENSIONS.— ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-

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parenthetically) in the list published most ‘‘(aa) IN GENERAL.—If a State has been ERAL LOCAL GOVERNMENT.—In the case of an
recently as of the date of enactment of this granted an extension to the distribution pe- amount to be paid to a county that is not a
Act pursuant to section 104 of the Federally riod under subclause (I) but is unable to unit of general local government, the
Recognized Indian Tribe List Act of 1994 (25 make all the distributions required under amount shall instead be paid to the State in
U.S.C. 5131). clause (i) before the end of such period as ex- which such county is located, and such State
‘‘(h) RESCISSION OF FUNDS.—Any funds tended, an authorized officer of the State shall distribute such amount to each unit of
made available under this section that are may request an additional extension of the general local government within such county

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S1320 CONGRESSIONAL RECORD — SENATE March 5, 2021
in an amount that bears the same proportion ment, or county may use funds made avail- term is defined in section 102(a)(5) of the
to the amount to be paid to such county as able under this section for deposit into any Housing and Community Development Act of
the population of such units of general local pension fund. 1974 (42 U.S.C. 5302(a)(5))), that is not a met-
government bears to the total population of ‘‘(3) TRANSFER AUTHORITY.—A metropolitan ropolitan city.
such county. city, nonentitlement unit of local govern- ‘‘(7) SECOND TRANCHE AMOUNT.—The term
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes ment, or county receiving a payment from ‘Second Tranche Amount’ means, with re-
of this paragraph, the District of Columbia funds made available under this section may spect to each metropolitan city for which an
shall be considered to consist of a single transfer funds to a private nonprofit organi- amount is allocated under subsection (b)(1),
county that is a unit of general local govern- zation (as that term is defined in paragraph each State for which an amount is allocated
ment. (17) of section 401 of the McKinney-Vento under subsection (b)(2) for distribution to
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit Homeless Assistance Act (42 U.S.C. 11360(17)), nonentitlement units of local government,
of general local government that has formed a public benefit corporation involved in the and each county for which an amount is allo-
a consolidated government, or that is geo- transportation of passengers or cargo, or a cated under subsection (b)(3), an amount not
graphically contained (in full or in part) special-purpose unit of State or local govern- to exceed 50 percent of the amount so allo-
within the boundaries of another unit of gen- ment. cated to such metropolitan city, State, or
eral local government may receive a dis- ‘‘(4) TRANSFERS TO STATES.—Notwith- county (as applicable).
tribution under each of paragraphs (1), (2), standing paragraph (1), a metropolitan city, ‘‘(8) SECRETARY.—The term ‘Secretary’
and (3), as applicable, based on the respective nonentitlement unit of local government, or means the Secretary of the Treasury.
formulas specified in such paragraphs. county receiving a payment from funds made ‘‘(9) STATE.—The term ‘State’ means each
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— available under this section may transfer of the 50 States, the District of Columbia,
The amounts otherwise determined for allo- such funds to the State in which such entity the Commonwealth of Puerto Rico, the
cation and payment under paragraphs (1), (2), is located. United States Virgin Islands, Guam, the
and (3) may be adjusted by the Secretary on ‘‘(d) REPORTING.—Any metropolitan city, Commonwealth of the Northern Mariana Is-
a pro rata basis to the extent necessary to nonentitlement unit of local government, or lands, and American Samoa.
ensure that all available funds are distrib- county receiving funds provided under a pay- ‘‘(10) UNIT OF GENERAL LOCAL GOVERN-
uted to metropolitan cities, counties, and ment made under this section shall provide MENT.—The term ‘unit of general local gov-
States in accordance with the requirements to the Secretary periodic reports providing a ernment’ has the meaning given that term in
specified in each paragraph (as applicable) detailed accounting of the uses of such funds section 102(a)(1) of the Housing and Commu-
and the certification requirement specified by such metropolitan city, nonentitlement nity Development Act of 1974 (42 U.S.C.
in subsection (d). unit of local government, or county and in- 5302(a)(1)).
‘‘(6) POPULATION.—For purposes of deter- cluding such other information as the Sec- ‘‘(h) RESCISSION OF FUNDS.—Any funds
mining allocations under this section, the retary may require for the administration of made available under this section that are
population of an entity shall be determined this section. unobligated on August 1, 2021, shall be re-
based on the most recent data are available ‘‘(e) RECOUPMENT.—Any metropolitan city,
turned to the general fund of the Treasury.
from the Bureau of the Census or, if not nonentitlement unit of local government, or
available, from such other data as a State county that has failed to comply with sub- ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS
FUND.
determines appropriate. section (c) shall be required to repay to the
‘‘(7) TIMING.— Secretary an amount equal to the amount of ‘‘(a) APPROPRIATION.—In addition to
‘‘(A) FIRST TRANCHE AMOUNT.—To the ex- funds used in violation of such subsection. amounts otherwise available, there is appro-
tent practicable, with respect to each metro- ‘‘(f) REGULATIONS.—The Secretary shall priated for fiscal year 2021, out of any money
politan city for which an amount is allocated have the authority to issue such regulations in the Treasury not otherwise appropriated,
under paragraph (1), each State for which an as may be necessary or appropriate to carry $10,000,000,000, to remain available until ex-
amount is allocated under paragraph (2) for out this section. pended, for making payments to States, ter-
distribution to nonentitlement units of local ‘‘(g) DEFINITIONS.—In this section: ritories, and Tribal governments to carry
government, and each county for which an ‘‘(1) CORONAVIRUS RESPONSE LAW.—The out critical capital projects directly ena-
amount is allocated under paragraph (3), the term ‘coronavirus response law’ has the bling work, education, and health moni-
Secretary shall pay from such allocation the meaning given such term in section 602(g). toring, including remote options, in response
First Tranche Amount for such city, State, ‘‘(2) COUNTY.—The term ‘county’ means a to the public health emergency with respect
or county not later than 60 days after the county, parish, or other equivalent county to the Coronavirus Disease (COVID–19).
date of enactment of this section. division (as defined by the Bureau of the ‘‘(b) PAYMENTS TO EACH OF THE 50 STATES
‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- Census). AND THE DISTRICT OF COLUMBIA.—
retary shall pay to each metropolitan city ‘‘(3) COVERED PERIOD.—The term ‘covered ‘‘(1) MINIMUM AMOUNTS.—From the amount
for which an amount is allocated under para- period’ means, with respect to a metropoli- appropriated under subsection (a)—
graph (1), each State for which an amount is tan city, nonentitlement unit of local gov- ‘‘(A) the Secretary shall pay $100,000,000 to
allocated under paragraph (2) for distribu- ernment, or county receiving funds under each State;
tion to nonentitlement units of local govern- this section, the period that— ‘‘(B) the Secretary shall pay $100,000,000 to
ment, and each county for which an amount ‘‘(A) begins on March 3, 2021; and the Commonwealth of Puerto Rico and
is allocated under paragraph (3), the Second ‘‘(B) ends on the last day of the fiscal year $100,000,000 to the District of Columbia;
Tranche Amount for such city, State, or of the metropolitan city, nonentitlement ‘‘(C) the Secretary shall pay $100,000,000 of
county not earlier than 12 months after the unit of local government, or county in which such amount in equal shares to the United
date on which the First Tranche Amount is all of the funds received by the metropolitan States Virgin Islands, Guam, American
paid to the city, State, or county. city, nonentitlement unit of local govern- Samoa, the Commonwealth of the Northern
‘‘(c) REQUIREMENTS.— ment, or county under this section have been Mariana Islands, the Republic of the Mar-
‘‘(1) USE OF FUNDS.—Subject to paragraph expended or returned to, or recovered by, the shall Islands, the Federated States of Micro-
(2), and except as provided in paragraphs (3) Secretary. nesia, and the Republic of Palau; and
and (4), a metropolitan city, nonentitlement ‘‘(4) FIRST TRANCHE AMOUNT.—The term ‘‘(D) the Secretary shall pay $100,000,000 of
unit of local government, or county shall ‘First Tranche Amount’ means, with respect such amount to Tribal governments and the
only use the funds provided under a payment to each metropolitan city for which an State of Hawaii (in addition to the amount
made under this section to cover costs in- amount is allocated under subsection (b)(1), paid to the State of Hawaii under subpara-
curred by the metropolitan city, nonentitle- each State for which an amount is allocated graph (A)), of which—
ment unit of local government, or county, by under subsection (b)(2) for distribution to ‘‘(i) not less than $50,000 shall be paid to
July 31, 2021— nonentitlement units of local government, each Tribal government; and
‘‘(A) to respond to the public health emer- and each county for which an amount is allo- ‘‘(ii) not less than $50,000 shall be paid to
gency with respect to the Coronavirus Dis- cated under subsection (b)(3), 50 percent of the State of Hawaii for the exclusive use of
ease 2019 (COVID–19) or its negative eco- the amount so allocated to such metropoli- the Department of Hawaiian Home Lands
nomic impacts, including assistance to tan city, State, or county (as applicable). and the Native Hawaiian Education Pro-
households, small businesses, and nonprofits, ‘‘(5) METROPOLITAN CITY.—The term ‘met- grams to assist Native Hawaiians in accord-
or aid to impacted industries such as tour- ropolitan city’ has the meaning given that ance with this section.
ism, travel, and hospitality; term in section 102(a)(4) of the Housing and ‘‘(2) REMAINING AMOUNTS.—
‘‘(B) for the provision of government serv- Community Development Act of 1974 (42 ‘‘(A) IN GENERAL.—From the amount of the
ices to the extent of the reduction in revenue U.S.C. 5302(a)(4)) and includes cities that re- appropriation under subsection (a) that re-

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of such metropolitan city, nonentitlement linquish or defer their status as a metropoli- mains after the application of paragraph (1),
unit of local government, or county due to tan city for purposes of receiving allocations the Secretary shall make payments to
such emergency; or under section 106 of such Act (42 U.S.C. 5306) States based on population such that—
‘‘(C) to make necessary investments in for fiscal year 2021. ‘‘(i) 50 percent of such amount shall be al-
water, sewer, or broadband infrastructure. ‘‘(6) NONENTITLEMENT UNIT OF LOCAL GOV- located among the States based on the pro-
‘‘(2) PENSION FUNDS.—No metropolitan ERNMENT.—The term ‘nonentitlement unit of portion that the population of each State
city, nonentitlement unit of local govern- local government’ means a ‘city’, as that bears to the population of all States;

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1321
‘‘(ii) 25 percent of such amount shall be al- for making allocations to institutions of workers a raise and lift families out of pov-
located among the States based on the pro- higher education in accordance with the erty.
portion that the number of individuals living same terms and conditions of section 314 of
in rural areas in each State bears to the Coronavirus Response and Relief Supple- SA 1131. Mr. LEE submitted an
number of individuals living in rural areas in mental Appropriations Act, 2021(division M amendment intended to be proposed to
all States; and of Public Law 116–260), except that—’’ and in- amendment SA 891 proposed by Mr.
‘‘(iii) 25 percent of such amount shall be al- serting ‘‘to remain available through the SCHUMER (for himself, Mr. WYDEN, Mrs.
located among the States based on the pro- date that is 1 year after the date of enact-
MURRAY, Mr. BROWN, Mr. PETERS, Mr.
portion that the number of individuals with ment of this Act, for making allocations to
a household income that is below 150 percent institutions of higher education in accord- CARDIN, Ms. CANTWELL, Ms. STABENOW,
of the poverty line applicable to a family of ance with the same terms and conditions of Mr. TESTER, Mr. MENENDEZ, Mr.
the size involved in each State bears to the section 314 of Coronavirus Response and Re- SCHATZ, Mr. CARPER, Mr. LEAHY, and
number of such individuals in all States. lief Supplemental Appropriations Act, Mr. SANDERS) to the bill H.R. 1319, to
‘‘(B) DATA.—In determining the allocations 2021(division M of Public Law 116–260), except provide for reconciliation pursuant to
to be made to each State under subparagraph that— title II of S. Con. Res. 5; which was or-
(A), the Secretary of the Treasury shall use (1) funding under this section shall not be dered to lie on the table; as follows:
the most recent data available from the Bu- made available to any institution of higher
Strike section 2023.
reau of the Census. education until all of the funding appro-
‘‘(c) TIMING.—The Secretary shall establish priated under section 18004 of the CARES Act
SA 1132. Mr. LEE submitted an
a process of applying for grants to access (division B of Public Law 116–136) and the
funding made available under section (b) not funding appropriated under section 314 of the amendment intended to be proposed to
later than 60 days after enactment of this Coronavirus Response and Relief Supple- amendment SA 891 proposed by Mr.
section. mental Appropriations Act, 2021 (division M SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘(d) DEFINITIONS.—In this section: of Public Law 116–260) has been expended; MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(1) SECRETARY.—The term ‘Secretary’ (2) an institution of higher education shall CARDIN, Ms. CANTWELL, Ms. STABENOW,
means the Secretary of the Treasury. not be eligible to receive funds under this Mr. TESTER, Mr. MENENDEZ, Mr.
‘‘(2) STATE.—The term ‘State’ means 1 of section unless the institution of higher edu- SCHATZ, Mr. CARPER, Mr. LEAHY, and
the 50 States. cation is open for in-person academic in-
Mr. SANDERS) to the bill H.R. 1319, to
‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib- struction;
al government’ has the meaning given such provide for reconciliation pursuant to
term in section 603(g).’’. SA 1128. Mr. LEE submitted an title II of S. Con. Res. 5; which was or-
(b) CONFORMING AMENDMENT.—The heading amendment intended to be proposed to dered to lie on the table; as follows:
for title VI of the Social Security Act (42 amendment SA 891 proposed by Mr. Strike section 7101.
U.S.C. 801 et seq.) is amended by striking SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘FUND’’ and inserting ‘‘, FISCAL RECOV- MURRAY, Mr. BROWN, Mr. PETERS, Mr. SA 1133. Mr. LEE submitted an
ERY, AND CRITICAL CAPITAL PROJECTS amendment intended to be proposed to
CARDIN, Ms. CANTWELL, Ms. STABENOW,
FUNDS’’. amendment SA 891 proposed by Mr.
Mr. TESTER, Mr. MENENDEZ, Mr.
SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHUMER (for himself, Mr. WYDEN, Mrs.
SA 1126. Mr. LEE submitted an MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment intended to be proposed to Mr. SANDERS) to the bill H.R. 1319, to
provide for reconciliation pursuant to CARDIN, Ms. CANTWELL, Ms. STABENOW,
amendment SA 891 proposed by Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. title II of S. Con. Res. 5; which was or-
dered to lie on the table; as follows: SCHATZ, Mr. CARPER, Mr. LEAHY, and
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. SANDERS) to the bill H.R. 1319, to
CARDIN, Ms. CANTWELL, Ms. STABENOW, Strike section 10005.
provide for reconciliation pursuant to
Mr. TESTER, Mr. MENENDEZ, Mr. SA 1129. Mr. LEE submitted an title II of S. Con. Res. 5; which was or-
SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment intended to be proposed to dered to lie on the table; as follows:
Mr. SANDERS) to the bill H.R. 1319, to amendment SA 891 proposed by Mr. Strike subtitle D of title III.
provide for reconciliation pursuant to SCHUMER (for himself, Mr. WYDEN, Mrs.
title II of S. Con. Res. 5; which was or- MURRAY, Mr. BROWN, Mr. PETERS, Mr. SA 1134. Mr. LEE submitted an
dered to lie on the table; as follows: CARDIN, Ms. CANTWELL, Ms. STABENOW, amendment intended to be proposed to
Section 2001(a) is amended by striking Mr. TESTER, Mr. MENENDEZ, Mr. amendment SA 891 proposed by Mr.
‘‘September 30, 2023, to carry out this sec- SCHUMER (for himself, Mr. WYDEN, Mrs.
SCHATZ, Mr. CARPER, Mr. LEAHY, and
tion.’’ and inserting ‘‘the date that is 1 year MURRAY, Mr. BROWN, Mr. PETERS, Mr.
after the date of enactment of this Act, to Mr. SANDERS) to the bill H.R. 1319, to
carry out this section. Notwithstanding any provide for reconciliation pursuant to CARDIN, Ms. CANTWELL, Ms. STABENOW,
other provision of law, funding under this title II of S. Con. Res. 5; which was or- Mr. TESTER, Mr. MENENDEZ, Mr.
section shall not be made available to any dered to lie on the table; as follows: SCHATZ, Mr. CARPER, Mr. LEAHY, and
State until every State has received and ex- Strike section 4004. Mr. SANDERS) to the bill H.R. 1319, to
pended the funding appropriated under sec- provide for reconciliation pursuant to
tion 18003 of title VIII of Division B of the SA 1130. Ms. HASSAN (for herself and title II of S. Con. Res. 5; which was or-
CARES Act (Public Law 116–136) and the Mrs. SHAHEEN) submitted an amend- dered to lie on the table; as follows:
funding appropriated under section 313 of the ment intended to be proposed to Strike subtitle F of title VII.
Consolidated Appropriations Act, 2021 (Pub- amendment SA 891 proposed by Mr.
lic Law 116–260). A State shall not be eligible SA 1135. Mr. LEE submitted an
SCHUMER (for himself, Mr. WYDEN, Mrs.
to receive funds under this section unless the
State agrees to ensure that such funds will MURRAY, Mr. BROWN, Mr. PETERS, Mr. amendment intended to be proposed to
only be used to provide assistance to schools CARDIN, Ms. CANTWELL, Ms. STABENOW, amendment SA 891 proposed by Mr.
that are open for in-person academic instruc- Mr. TESTER, Mr. MENENDEZ, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
tion.’’ SCHATZ, Mr. CARPER, Mr. LEAHY, and MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Mr. SANDERS) to the bill H.R. 1319, to CARDIN, Ms. CANTWELL, Ms. STABENOW,
SA 1127. Mr. LEE submitted an provide for reconciliation pursuant to Mr. TESTER, Mr. MENENDEZ, Mr.
amendment intended to be proposed to title II of S. Con. Res. 5; which was or- SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr. dered to lie on the table; as follows: Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. At the end of subtitle B of title II, add the provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. following: title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, SEC. 2102. SENSE OF SENATE. dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. It is the sense of the Senate that— At the end of title VIII, add the following:
SCHATZ, Mr. CARPER, Mr. LEAHY, and (1) all Americans who work full time SEC. 8lll. WAIVER OF INCOME LIMITATIONS

ctelli on DSK11ZRN23PROD with SENATE
Mr. SANDERS) to the bill H.R. 1319, to should make a living and be able to support THAT PRECLUDE VETERANS FROM
themselves and their families; RECEIVING COST-FREE COVID–19
provide for reconciliation pursuant to
(2) for more than a decade, the minimum VACCINE AT FACILITIES OF DEPART-
title II of S. Con. Res. 5; which was or- wage has remained at $7.25 an hour, or about MENT OF VETERANS AFFAIRS.
dered to lie on the table; as follows: $15,000 a year; and (a) WAIVER OF INCOME LIMITATIONS.—Dur-
Section 2003 is amended by striking ‘‘to re- (3) the Senate must act to increase the ing the period specified in subsection (b), the
main available through September 30, 2023, minimum wage over time to give millions of Secretary of Veterans Affairs—

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S1322 CONGRESSIONAL RECORD — SENATE March 5, 2021
(1) for purposes of providing cost-free vac- Strike subtitle F of title IX. subparagraph shall be in the amount of the
cines for COVID–19 to veterans, shall waive applicable described in subparagraph (C).’’;
any income limitation that would otherwise SA 1139. Mr. LEE submitted an and
preclude a veteran from receiving such a amendment intended to be proposed to (2) by adding at the end the following:
cost-free vaccine at a facility of the Depart- amendment SA 891 proposed by Mr. ‘‘(C) The applicable amount described in
ment of Veterans Affairs; and this subparagraph is as follows:
SCHUMER (for himself, Mr. WYDEN, Mrs.
(2) may not charge a copayment or other ‘‘(i) For registration periods beginning
MURRAY, Mr. BROWN, Mr. PETERS, Mr. after March 14, 2021, but on or before March
cost sharing for a veteran to receive such a
vaccine at a facility of the Department. CARDIN, Ms. CANTWELL, Ms. STABENOW, 31, 2021, $800.
(b) PERIOD SPECIFIED.—The period specified Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘(ii) For registration periods beginning
in this subsection is the period that— SCHATZ, Mr. CARPER, Mr. LEAHY, and after March 31, 2021, but on or before April
(1) begins on the date of the enactment of Mr. SANDERS) to the bill H.R. 1319, to 30, 2021, $650.
this Act; and provide for reconciliation pursuant to ‘‘(iii) For registration periods beginning
(2) ends on the date on which the national title II of S. Con. Res. 5; which was or- after April 30, 2021, but on or before May 31,
emergency terminates under section 202 of 2021, $500.
dered to lie on the table; as follows:
the National Emergencies Act (50 U.S.C. ‘‘(iv) For registration periods beginning
1622). Section 9501(a)(1)(A) is amended by insert- after May 31, 2021, but on or before June 30,
(c) NATIONAL EMERGENCY.—The term ‘‘na- ing before the period at the end the fol- 2021, $350.
tional emergency’’ means the national emer- lowing: ‘‘if such individual pays (or any per- ‘‘(v) For registration periods beginning
gency declared by the President under the son other than such individual’s employer after June 30, 2021, but on or before July 30,
National Emergencies Act (50 U.S.C. 1601 et pays on behalf of such individual) 50 percent 2021, $200.
seq.) with respect to COVID–19. of the amount of such premium’’. ‘‘(vi) For registration periods beginning
SEC. 8lll. FLEXIBILITY FOR SECRETARY OF after July 30, 2021, but on or before August
VETERANS AFFAIRS TO USE HEALTH SA 1140. Mr. LEE submitted an 29, 2021, $50.’’.
CARE ENROLLMENT PRIORITY SYS- amendment intended to be proposed to
TEM FOR PROVISION OF COVID–19 SA 1143. Mr. LEE submitted an
VACCINE.
amendment SA 891 proposed by Mr.
In distributing the vaccine for COVID–19 to SCHUMER (for himself, Mr. WYDEN, Mrs. amendment intended to be proposed to
veterans during any period in which the sup- MURRAY, Mr. BROWN, Mr. PETERS, Mr. amendment SA 891 proposed by Mr.
ply of such vaccine is limited, as determined CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHUMER (for himself, Mr. WYDEN, Mrs.
by the Secretary of Veterans Affairs, the Mr. TESTER, Mr. MENENDEZ, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Secretary may use the priority groups for SCHATZ, Mr. CARPER, Mr. LEAHY, and CARDIN, Ms. CANTWELL, Ms. STABENOW,
enrollment of veterans in the patient enroll- Mr. SANDERS) to the bill H.R. 1319, to Mr. TESTER, Mr. MENENDEZ, Mr.
ment system of the Department of Veterans provide for reconciliation pursuant to SCHATZ, Mr. CARPER, Mr. LEAHY, and
Affairs under section 1705(a) of title 38,
title II of S. Con. Res. 5; which was or- Mr. SANDERS) to the bill H.R. 1319, to
United States Code, in determining priority
for receipt of such vaccine. dered to lie on the table; as follows: provide for reconciliation pursuant to
Section 9501(a)(1)(A) is amended by insert- title II of S. Con. Res. 5; which was or-
SA 1136. Mr. LEE submitted an ing before the period at the end the fol- dered to lie on the table; as follows:
amendment intended to be proposed to lowing: ‘‘if such individual pays (or any per- Strike section 9013(b) and insert the fol-
amendment SA 891 proposed by Mr. son other than such individual’s employer lowing:
SCHUMER (for himself, Mr. WYDEN, Mrs. pays on behalf of such individual) 30 percent (b) AMOUNT.—Section 2104(b)(3)(A) of such
of the amount of such premium’’. Act (15 U.S.C. 9023(b)(3)(A)) is amended by
MURRAY, Mr. BROWN, Mr. PETERS, Mr.
adding at the end the following:
CARDIN, Ms. CANTWELL, Ms. STABENOW, SA 1141. Mr. LEE submitted an ‘‘(iii) For weeks of unemployment ending
Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to after March 14, 2021, and ending on or before
SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment SA 891 proposed by Mr. March 31, 2021, $400.
Mr. SANDERS) to the bill H.R. 1319, to SCHUMER (for himself, Mr. WYDEN, Mrs. ‘‘(iv) For weeks of unemployment ending
provide for reconciliation pursuant to MURRAY, Mr. BROWN, Mr. PETERS, Mr. after March 31, 2021, and ending on or before
title II of S. Con. Res. 5; which was or- April 30, 2021, $325.
CARDIN, Ms. CANTWELL, Ms. STABENOW, ‘‘(v) For weeks of unemployment ending
dered to lie on the table; as follows: Mr. TESTER, Mr. MENENDEZ, Mr.
Strike section 9704. after April 30, 2021, and ending on or before
SCHATZ, Mr. CARPER, Mr. LEAHY, and May 31, 2021, $250.
SA 1137. Mr. LEE submitted an Mr. SANDERS) to the bill H.R. 1319, to ‘‘(vi) For weeks of unemployment ending
amendment intended to be proposed to provide for reconciliation pursuant to after May 31, 2021, and ending on or before
title II of S. Con. Res. 5; which was or- June 30, 2021, $175.
amendment SA 891 proposed by Mr. ‘‘(vii) For weeks of unemployment ending
SCHUMER (for himself, Mr. WYDEN, Mrs. dered to lie on the table; as follows:
after June 30, 2021, and ending on or before
MURRAY, Mr. BROWN, Mr. PETERS, Mr. Strike section 9707.
July 30, 2021, $100.
CARDIN, Ms. CANTWELL, Ms. STABENOW, ‘‘(viii) For weeks of unemployment ending
SA 1142. Mr. LEE submitted an
Mr. TESTER, Mr. MENENDEZ, Mr. after July 30, 2021, and ending on or before
amendment intended to be proposed to August 29, 2021, $25.’’.
SCHATZ, Mr. CARPER, Mr. LEAHY, and
amendment SA 891 proposed by Mr.
Mr. SANDERS) to the bill H.R. 1319, to
SCHUMER (for himself, Mr. WYDEN, Mrs. SA 1144. Mr. TOOMEY submitted an
provide for reconciliation pursuant to
MURRAY, Mr. BROWN, Mr. PETERS, Mr. amendment intended to be proposed to
title II of S. Con. Res. 5; which was or-
CARDIN, Ms. CANTWELL, Ms. STABENOW, amendment SA 891 proposed by Mr.
dered to lie on the table; as follows:
Mr. TESTER, Mr. MENENDEZ, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
In section 1007 (relating to the use of the
Commodity Credit Corporation for commod-
SCHATZ, Mr. CARPER, Mr. LEAHY, and MURRAY, Mr. BROWN, Mr. PETERS, Mr.
ities and associated expenses), insert ‘‘, sub- Mr. SANDERS) to the bill H.R. 1319, to CARDIN, Ms. CANTWELL, Ms. STABENOW,
ject to the condition that section 55305 of provide for reconciliation pursuant to Mr. TESTER, Mr. MENENDEZ, Mr.
title 46, United States Code, shall not apply title II of S. Con. Res. 5; which was or- SCHATZ, Mr. CARPER, Mr. LEAHY, and
to the use of those amounts’’ before the pe- dered to lie on the table; as follows: Mr. SANDERS) to the bill H.R. 1319, to
riod at the end. Strike section 2901(a) and insert the fol- provide for reconciliation pursuant to
lowing: title II of S. Con. Res. 5; which was or-
SA 1138. Mr. LEE submitted an (a) IN GENERAL.—Section 2(a)(5) of the dered to lie on the table; as follows:
amendment intended to be proposed to Railroad Unemployment Insurance Act (45 In section 3101(a), strike ‘‘notwithstanding
amendment SA 891 proposed by Mr. U.S.C. 352(a)(5)) is amended— section 304(e) of the Defense Production Act
SCHUMER (for himself, Mr. WYDEN, Mrs. (1) in subparagraph (A)— of 1950 (50 U.S.C. 4534(e)),’’.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. (A) in the first sentence—
CARDIN, Ms. CANTWELL, Ms. STABENOW, (i) by striking ‘‘March 14, 2021’’ and insert- SA 1145. Mr. TOOMEY submitted an

ctelli on DSK11ZRN23PROD with SENATE
Mr. TESTER, Mr. MENENDEZ, Mr. ing ‘‘August 29, 2021’’; amendment intended to be proposed to
(ii) by striking ‘‘or July 1, 2020’’ and insert-
SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment SA 891 proposed by Mr.
ing ‘‘July 1, 2020, or July 1, 2021’’; and
Mr. SANDERS) to the bill H.R. 1319, to (B) by adding at the end the following: SCHUMER (for himself, Mr. WYDEN, Mrs.
provide for reconciliation pursuant to ‘‘For registration periods beginning after MURRAY, Mr. BROWN, Mr. PETERS, Mr.
title II of S. Con. Res. 5; which was or- March 14, 2021, but on or before August 29, CARDIN, Ms. CANTWELL, Ms. STABENOW,
dered to lie on the table; as follows: 2021, the recovery benefit payable under this Mr. TESTER, Mr. MENENDEZ, Mr.

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1323
SCHATZ, Mr. CARPER, Mr. LEAHY, and title II of S. Con. Res. 5; which was or- agency, including buildings operated by such
Mr. SANDERS) to the bill H.R. 1319, to dered to lie on the table; as follows: agency.
provide for reconciliation pursuant to Strike section 4001 and insert the fol- (J) Planning for, coordinating, and imple-
lowing: menting activities during long-term clo-
title II of S. Con. Res. 5; which was or-
SEC. 4001. ADDITIONAL FUNDS FOR U.S. CUS- sures, including providing meals to eligible
dered to lie on the table; as follows: students, providing technology for online
TOMS AND BORDER PROTECTION
In section 3101(b)(2), strike ‘‘, or any other FOR OPERATIONS AND SUPPORT. learning to all students, providing guidance
activity necessary to meet critical public In addition to amounts otherwise avail- for carrying out requirements under the
health needs of the United States, with re- able, there is appropriated for fiscal year IDEA and ensuring other educational serv-
spect to any pathogen that the President has 2021, out of any money in the Treasury not ices can continue to be provided consistent
determined has the potential for creating a otherwise appropriated, $300,000,000 for nec- with all Federal, State, and local require-
public health emergency’’. essary expenses of U.S. Customs and Border ments.
Protection for operations and support. (K) Purchasing educational technology (in-
SA 1146. Mr. MARSHALL submitted cluding hardware, software, and
an amendment intended to be proposed SA 1149. Mr. TOOMEY submitted an connectivity) for students who are served by
to amendment SA 891 proposed by Mr. amendment intended to be proposed to the local educational agency that aids in
SCHUMER (for himself, Mr. WYDEN, Mrs. amendment SA 891 proposed by Mr. regular and substantive educational inter-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs. action between students and their classroom
CARDIN, Ms. CANTWELL, Ms. STABENOW, MURRAY, Mr. BROWN, Mr. PETERS, Mr. instructors, including low-income students
Mr. TESTER, Mr. MENENDEZ, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, and children with disabilities, which may in-
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. TESTER, Mr. MENENDEZ, Mr. clude assistive technology or adaptive equip-
Mr. SANDERS) to the bill H.R. 1319, to ment.
SCHATZ, Mr. CARPER, Mr. LEAHY, and
(L) Providing mental health services and
provide for reconciliation pursuant to Mr. SANDERS) to the bill H.R. 1319, to supports.
title II of S. Con. Res. 5; which was or- provide for reconciliation pursuant to (M) Planning and implementing activities
dered to lie on the table; as follows: title II of S. Con. Res. 5; which was or- related to summer learning and supple-
Strike part 2 of subtitle A of title II. dered to lie on the table; as follows: mental afterschool programs, including pro-
Beginning on page 34, strike line 16, and all viding classroom instruction or online learn-
SA 1147. Mr. MARSHALL submitted that follow through page 43, line 9, and insert ing during the summer months and address-
an amendment intended to be proposed the following: ing the needs of low-income students, chil-
to amendment SA 891 proposed by Mr. (e) USES OF FUNDS.—A local educational dren with disabilities, English learners, mi-
SCHUMER (for himself, Mr. WYDEN, Mrs. agency that receives funds under this sec- grant students, students experiencing home-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. tion— lessness, and children in foster care.
(1) shall reserve not less than 20 percent of (N) Addressing learning loss among stu-
CARDIN, Ms. CANTWELL, Ms. STABENOW, such funds to address learning loss through dents, including low-income students, chil-
Mr. TESTER, Mr. MENENDEZ, Mr. the implementation of evidence-based inter- dren with disabilities, English learners, ra-
SCHATZ, Mr. CARPER, Mr. LEAHY, and ventions, such as summer learning, extended cial and ethnic minorities, students experi-
Mr. SANDERS) to the bill H.R. 1319, to day, comprehensive afterschool programs, or encing homelessness, and children and youth
provide for reconciliation pursuant to extended school year programs, and ensure in foster care, of the local educational agen-
title II of S. Con. Res. 5; which was or- that such interventions respond to students’ cy, including by—
dered to lie on the table; as follows: academic, social, and emotional needs and (i) administering and using high-quality
address the disproportionate impact of the assessments that are valid and reliable, to
At the end of title V, add the following:
coronavirus on the student subgroups de- accurately assess students’ academic
SEC. 5007. PROHIBITION ON INDIVIDUALS CON-
VICTED OF NONCONSENSUAL SEX scribed in section 1111(b)(2)(B)(xi)of the Ele- progress and assist educators in meeting stu-
CRIMES FROM RECEIVING ASSIST- mentary and Secondary Education Act of dents’ academic needs, including through
ANCE FROM THE SMALL BUSINESS 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex- differentiating instruction;
ADMINISTRATION. periencing homelessness, and children and (ii) implementing evidence-based activities
Section 2 of the Small Business Act (15 youth in foster care; to meet the comprehensive needs of stu-
U.S.C. 631) is amended by adding at the end (2) shall reserve such funds as needed to dents;
the following: make Education Recovery Grants under sub- (iii) providing information and assistance
‘‘(k) PROHIBITION ON INDIVIDUALS CON- section (g); and to parents and families on how they can ef-
VICTED OF NONCONSENSUAL SEX CRIMES FROM (3) shall use the remaining funds for any of fectively support students, including in a
RECEIVING ASSISTANCE.— the following: distance learning environment; and
‘‘(1) DEFINITION.—In this subsection, the (A) Any activity authorized by the Ele- (iv) tracking student attendance and im-
term ‘convicted of a nonconsensual sex mentary and Secondary Education Act of proving student engagement in distance edu-
crime’ means been convicted of a mis- 1965. cation.
demeanor or felony under Federal or State (B) Any activity authorized by the Individ-
(O) School facility repairs and improve-
law that involves conduct that, if it occurred uals with Disabilities Education Act.
ments to enable operation of schools to re-
in the special maritime and territorial juris- (C) Any activity authorized by the Adult
duce risk of virus transmission and exposure
diction of the United States, would violate Education and Family Literacy Act.
to environmental health hazards, and to sup-
section 2241 of title 18, United States Code. (D) Any activity authorized by the Carl D.
port student health needs.
‘‘(2) PROHIBITION.—The Administrator may Perkins Career and Technical Education Act
(P) Inspection, testing, maintenance, re-
not provide a loan, guarantee, or any other of 2006.
pair, replacement, and upgrade projects to
assistance under this Act, the Small Busi- (E) Coordination of preparedness and re-
improve the indoor air quality in school fa-
ness Investment Act of 1958 (15 U.S.C. 661 et sponse efforts of local educational agencies
cilities, including mechanical and non-me-
seq.), the Economic Aid to Hard-Hit Small with State, local, Tribal, and territorial pub-
chanical heating, ventilation, and air condi-
Businesses, Nonprofits, and Venues Act (title lic health departments, and other relevant
tioning systems, filtering, purification and
III of division N of Public Law 116–260), or agencies, to improve coordinated responses
other air cleaning, fans, control systems, and
any other provision of law to, or with respect among such entities to prevent, prepare for,
window and door repair and replacement.
to, an individual, or a concern owned or con- and respond to coronavirus.
(Q) Developing strategies and imple-
trolled by an individual, who was convicted (F) Activities to address the unique needs
menting public health protocols including,
of a nonconsensual sex crime during the 5- of low-income children or students, children
to the greatest extent practicable, policies in
year period ending on the date on which the with disabilities, English learners, racial and
line with guidance from the Centers for Dis-
loan, guarantee, or other assistance would, ethnic minorities, students experiencing
ease Control and Prevention for the reopen-
but for this subsection, be provided.’’. homelessness, and foster care youth, includ-
ing and operation of school facilities to ef-
ing how outreach and service delivery will
SA 1148. Mr. GRAHAM submitted an fectively maintain the health and safety of
meet the needs of each population.
students, educators, and other staff.
amendment intended to be proposed to (G) Developing and implementing proce-
(R) Other activities that are necessary to
amendment SA 891 proposed by Mr. dures and systems to improve the prepared-
maintain the operation of and continuity of
SCHUMER (for himself, Mr. WYDEN, Mrs. ness and response efforts of local educational
services in local educational agencies and

ctelli on DSK11ZRN23PROD with SENATE
MURRAY, Mr. BROWN, Mr. PETERS, Mr. agencies.
continuing to employ existing staff of the
(H) Training and professional development
CARDIN, Ms. CANTWELL, Ms. STABENOW, local educational agency.
for staff of the local educational agency on
Mr. TESTER, Mr. MENENDEZ, Mr. sanitation and minimizing the spread of in- (f) STATE FUNDING.—With funds not other-
SCHATZ, Mr. CARPER, Mr. LEAHY, and fectious diseases. wise allocated under subsection (d), a State—
Mr. SANDERS) to the bill H.R. 1319, to (I) Purchasing supplies to sanitize and (1) shall reserve not less than 5 percent of
provide for reconciliation pursuant to clean the facilities of a local educational the total amount of grant funds awarded to

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S1324 CONGRESSIONAL RECORD — SENATE March 5, 2021
the State under this section to carry out, di- following qualifying expenses to educate the Mr. REED, and Mrs. SHAHEEN) sub-
rectly or through grants or contracts, activi- qualifying child: mitted an amendment intended to be
ties to address learning loss by supporting (A) Tuition and fees in connection with en- proposed to amendment SA 891 pro-
the implementation of evidence-based inter- rollment or attendance at an elementary or
ventions, such as summer learning, extended secondary school.
posed by Mr. SCHUMER (for himself, Mr.
day, comprehensive afterschool programs, or (B) Tuition for tutoring or educational WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
extended school year programs, and ensure classes outside of the home (but only if the PETERS, Mr. CARDIN, Ms. CANTWELL,
that such interventions respond to students’ tutor or instructor is not related to the stu- Ms. STABENOW, Mr. TESTER, Mr.
academic, social, and emotional needs and dent). MENENDEZ, Mr. SCHATZ, Mr. CARPER,
address the disproportionate impact of the (C) Curriculum or instructional materials. Mr. LEAHY, and Mr. SANDERS) to the
coronavirus on the student subgroups de- (D) Educational services or therapies for bill H.R. 1319, to provide for reconcili-
scribed in section 1111(b)(2)(B)(xi) of the Ele- students with disabilities.
mentary and Secondary Education Act of (E) Any other related educational expenses
ation pursuant to title II of S. Con.
1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex- approved by the local educational agency. Res. 5; which was ordered to lie on the
periencing homelessness, and children and (5) SPECIAL RULE.—Only one Education Re- table; as follows:
youth in foster care, including by providing covery Grant shall be made on behalf of each Strike subtitle A of title IX and insert the
additional support to local educational agen- qualifying child, regardless of the number of following:
cies to fully address such impacts; parents or legal guardians of such child. Subtitle A—Crisis Support for Unemployed
(2) shall reserve not less than 1 percent of (6) QUALIFYING CHILD.—In this subsection, Workers
the total amount of grant funds awarded to the term ‘‘qualifying child’’ means an indi-
PART 1—EXTENSION OF CARES ACT
the State under this section to carry out, di- vidual aged 5 through 17 who attends a
school identified and designated under para- UNEMPLOYMENT PROVISIONS
rectly or through grants or contracts, the
implementation of evidence-based com- graph (2). SEC. 9011. EXTENSION OF PANDEMIC UNEMPLOY-
prehensive afterschool programs, and ensure (7) ADMINISTRATION.—A local educational MENT ASSISTANCE.
such programs respond to students’ aca- agency that receives funds under this section (a) IN GENERAL.—Section 2102(c) of the
demic, social, and emotional needs and ad- and serves an elementary school or sec- CARES Act (15 U.S.C. 9021(c)) is amended—
dress the disproportionate impact of the ondary school identified and designated (1) in paragraph (1)—
coronavirus on the student populations de- under paragraph (2) shall— (A) by striking ‘‘paragraphs (2) and (3)’’
scribed in section 1111(b)(2)(B)(xi) of the Ele- (A) provide parents and guardians of quali- and inserting ‘‘paragraph (2)’’; and
mentary and Secondary Education Act of fying children with a written explanation of (B) in subparagraph (A)(ii), by striking
1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex- the allowable uses of Education Recovery ‘‘March 14, 2021’’ and inserting ‘‘October 4,
periencing homelessness, and children and Grants; and 2021’’; and
youth in foster care; (B) require that eligible claimants main- (2) by striking paragraph (3) and redesig-
(3) shall reserve 2.5 percent of the total tain a record of how Education Recovery nating paragraph (4) as paragraph (3).
amount of grant funds awarded to the State Grant funds were spent. (b) INCREASE IN NUMBER OF WEEKS.—Sec-
under this section to carry out, directly or (8) PROHIBITION OF CONTROL OVER NONPUBLIC tion 2102(c)(2) of such Act (15 U.S.C.
through grants or contracts, the purchase of EDUCATION PROVIDERS.— 9021(c)(2)) is amended—
educational technology (including hardware, (A) IN GENERAL.—Education Recovery (1) by striking ‘‘50 weeks’’ and inserting
software, and connectivity) for students who Grants shall not be considered assistance to ‘‘79 weeks’’; and
are served by the local educational agencies the school or other educational provider that (2) by striking ‘‘50-week period’’ and insert-
in the State that aids in regular and sub- enrolls or provides educational services to ing ‘‘79-week period’’.
stantive educational interaction between the qualifying child or the eligible claimant. (c) HOLD HARMLESS FOR PROPER ADMINIS-
students and their classroom instructors, in- (B) RULE OF CONSTRUCTION.—Nothing in TRATION.—In the case of an individual who is
cluding low-income students and children this Act shall be construed to permit, allow, eligible to receive pandemic unemployment
with disabilities, which may include assist- encourage, or authorize any Federal control assistance under section 2102 of the CARES
ive technology or adaptive equipment; and over any aspect of any private, religious, or Act (15 U.S.C. 9021) as of the day before the
(4) may reserve not more than one-half of home education provider, whether or not a date of enactment of this Act and on the
1 percent of the total amount of grant funds home education provider is treated as a pri- date of enactment of this Act becomes eligi-
awarded to the State under this section for vate school or home school under State law. ble for pandemic emergency unemployment
administrative costs and the remainder for (C) PROHIBITION ON RELIGIOUS DISCRIMINA- compensation under section 2107 of the
emergency needs as determined by the State TION.—No State or local educational agency CARES Act (15 U.S.C. 9025) by reason of the
educational agency to address issues re- shall in any way exclude, discriminate amendments made by section 9016(b) of this
sponding to coronavirus, which may be ad- against, or otherwise disadvantage any edu- title, any payment of pandemic unemploy-
dressed through the use of grants or con- cation provider with respect to programs or ment assistance under such section 2102
tracts. services under this section based in whole or made after the date of enactment of this Act
(g) EDUCATION RECOVERY GRANTS.— in part on the provider’s religious education to such individual during an appropriate pe-
(1) IN GENERAL.—A local educational agen- character or affiliation, including religiously riod of time, as determined by the Secretary
cy that receives funds under this section and or mission-based policies or practices. of Labor, that should have been made under
serves an elementary school or secondary (h) REALLOCATION.—A State shall return to such section 2107 shall not be considered to
school identified and designated under para- the Secretary any funds received under this be an overpayment of assistance under such
graph (2) shall deposit into Education Sav- section that the State does not award within section 2102, except that an individual may
ings Accounts the Education Recovery 1 year of receiving such funds and the Sec- not receive payment for assistance under
Grants to eligible claimants, by not later retary shall reallocate such funds to the re- section 2102 and a payment for assistance
than June 30, 2021, from funds available maining States in accordance with sub- under section 2107 for the same week of un-
under this section in the amount described section (c). employment.
in paragraph (3). (i) ESEA TERMS.—In this section: (d) EFFECTIVE DATE.—The amendments
(2) IDENTIFICATION AND DESIGNATION.—Not (1) ESEA TERMS.—The terms ‘‘child’’, made by subsections (a) and (b) shall apply
later than 2 months after the date of enact- ‘‘children with disabilities’’, ‘‘distance edu- as if included in the enactment of the
ment of this title, and every 2 months there- cation’’, ‘‘elementary school’’, ‘‘English CARES Act (Public Law 116–136), except that
after, a local educational agency that re- learner’’, ‘‘evidence-based’’, ‘‘extended learn- no amount shall be payable by virtue of such
ceives funds under this section shall identify ing time’’, ‘‘secondary school’’, ‘‘local edu- amendments with respect to any week of un-
and designate for school improvement any cational agency’’, ‘‘parent’’, ‘‘school leader’’, employment ending on or before March 14,
elementary school or secondary school ‘‘Secretary’’, ‘‘State’’, ‘‘state educational 2021.
served by the agency, that failed, during the agency’’, and ‘‘technology’’ have the mean- SEC. 9012. EXTENSION OF EMERGENCY UNEM-
preceding 2-month period, to make available ings given those terms in section 8101 of the PLOYMENT RELIEF FOR GOVERN-
in-person instruction for at a minimum 15 Elementary and Secondary Education Act of MENTAL ENTITIES AND NONPROFIT
days each of such 2 months for all students 1965 (20 U.S.C. 7801). ORGANIZATIONS.
who wish to attend. (2) FULL-SERVICE COMMUNITY SCHOOL.—The (a) IN GENERAL.—Section 903(i)(1)(D) of the
(3) EDUCATION RECOVERY GRANT AMOUNT.— term ‘‘full-service community school’’ has Social Security Act (42 U.S.C. 1103(i)(1)(D)) is
The amount described in this paragraph is the meaning given that term in section amended by striking ‘‘March 14, 2021’’ and in-
the product of $2,500, multiplied by the num- 4622(2) of the Elementary and Secondary serting ‘‘October 4, 2021’’.

ctelli on DSK11ZRN23PROD with SENATE
ber of qualifying children of the eligible Education Act of 1965 (20 U.S.C. 7272(2)). (b) INCREASE IN REIMBURSEMENT RATE.—
claimant for the 2021 taxable year. (3) STATE.—The term ‘‘State’’ means each Section 903(i)(1)(B) of such Act (42 U.S.C.
(4) ELIGIBLE CLAIMANT.—In this subsection, of the 50 States, the District of Columbia, 1103(i)(1)(B)) is amended—
the term ‘‘eligible claimant’’ means a parent and the Commonwealth of Puerto Rico. (1) in the first sentence, by inserting ‘‘and
or guardian of a qualifying child who agrees except as otherwise provided in this subpara-
to use the funds deposited in their qualifying SA 1150. Mr. CARPER (for himself, graph’’ after ‘‘as determined by the Sec-
child’s Education Savings Account for the Mr. WYDEN, Mr. DURBIN, Mr. KELLY, retary of Labor’’; and

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1325
(2) by inserting after the first sentence the ‘‘April 12, 2021’’ and inserting ‘‘October 4, ‘‘(3) to make grants to States or territories
following: ‘‘With respect to the amounts of 2021’’. administering unemployment compensation
such compensation paid for weeks of unem- (e) EFFECTIVE DATE.—The amendments programs described in subsection (a) (includ-
ployment beginning after March 31, 2021, and made by this section shall apply as if in- ing territories administering the Pandemic
ending on or before October 4, 2021, the pre- cluded in the enactment of the CARES Act Unemployment Assistance program under
ceding sentence shall be applied by sub- (Public Law 116–136), except that no amount section 2102) for such purposes, including the
stituting ‘75 percent’ for ‘one-half’.’’. shall be payable by virtue of such amend- establishment of procedures or the building
SEC. 9013. EXTENSION OF FEDERAL PANDEMIC ments with respect to any week of unem- of infrastructure to verify or validate iden-
UNEMPLOYMENT COMPENSATION. ployment ending on or before March 14, 2021. tity, implement Federal guidance regarding
(a) IN GENERAL.—Section 2104(e)(2) of the SEC. 9017. EXTENSION OF TEMPORARY FINANC- fraud detection and prevention, and accel-
ING OF SHORT-TIME COMPENSATION erate claims processing or process claims
CARES Act (15 U.S.C. 9023(e)(2)) is amended
PAYMENTS IN STATES WITH PRO- backlogs due to the pandemic.
by striking ‘‘March 14, 2021’’ and inserting GRAMS IN LAW.
‘‘October 4, 2021’’. ‘‘(c) RESTRICTIONS ON GRANTS TO STATES
Section 2108(b)(2) of the CARES Act (15 AND TERRITORIES.—As a condition of receiv-
(b) AMOUNT.—Section 2104(b)(3)(A)(ii) of U.S.C. 9026(b)(2)) is amended by striking
such Act (15 U.S.C. 9023(b)(3)(A)(ii)) is ing a grant under subsection (b)(3), the Sec-
‘‘March 14, 2021’’ and inserting ‘‘October 4, retary may require that a State or territory
amended by striking ‘‘March 14, 2021’’ and in- 2021’’.
serting ‘‘October 4, 2021’’. receiving such a grant shall—
SEC. 9018. EXTENSION OF TEMPORARY FINANC- ‘‘(1) use such program integrity tools as
SEC. 9014. EXTENSION OF FULL FEDERAL FUND- ING OF SHORT-TIME COMPENSATION
ING OF THE FIRST WEEK OF COM- the Secretary may specify; and
AGREEMENTS FOR STATES WITHOUT
PENSABLE REGULAR UNEMPLOY- PROGRAMS IN LAW. ‘‘(2) as directed by the Secretary, conduct
MENT FOR STATES WITH NO WAIT- Section 2109(d)(2) of the CARES Act (15 user accessibility testing on any new system
ING WEEK. developed by the Secretary pursuant to sub-
U.S.C. 9027(d)(2)) is amended by striking
(a) IN GENERAL.—Section 2105(e)(2) of the ‘‘March 14, 2021’’ and inserting ‘‘October 4, section (b)(2).’’.
CARES Act (15 U.S.C. 9024(e)(2)) is amended 2021’’. PART IV—OTHER PROVISIONS
by striking ‘‘March 14, 2021’’ and inserting SEC. 9041. EXTENSION OF LIMITATION ON EX-
PART 2—EXTENSION OF FFCRA
‘‘October 4, 2021’’. CESS BUSINESS LOSSES OF NONCOR-
(b) FULL REIMBURSEMENT.—Paragraph (3) UNEMPLOYMENT PROVISIONS
PORATE TAXPAYERS.
of section 2105(c) of such Act (15 U.S.C. SEC. 9021. EXTENSION OF TEMPORARY ASSIST-
ANCE FOR STATES WITH ADVANCES.
(a) IN GENERAL.—Section 461(l)(1) of the In-
9024(c)) is repealed and such section shall be ternal Revenue Code of 1986 is amended by
applied to weeks of unemployment to which Section 1202(b)(10)(A) of the Social Secu-
striking ‘‘January 1, 2026’’ each place it ap-
an agreement under section 2105 of such Act rity Act (42 U.S.C. 1322(b)(10)(A)) is amended
pears and inserting ‘‘January 1, 2027’’.
applies as if such paragraph had not been en- by striking ‘‘March 14, 2021’’ and inserting (b) EFFECTIVE DATE.—The amendments
acted. In implementing the preceding sen- ‘‘October 4, 2021’’. made by this section shall apply to taxable
SEC. 9022. EXTENSION OF FULL FEDERAL FUND- years beginning after December 31, 2025.
tence, a State may, if necessary, reenter the
ING OF EXTENDED UNEMPLOYMENT
agreement with the Secretary under section COMPENSATION.
SEC. 9042. SUSPENSION OF TAX ON PORTION OF
2105 of such Act, and retroactively pay for UNEMPLOYMENT COMPENSATION.
(a) IN GENERAL.—Section 4105 of the Fami-
the first week of regular compensation with- (a) IN GENERAL.—Section 85 of the Internal
lies First Coronavirus Response Act (26
out a waiting week consistent with State Revenue Code of 1986 is amended by adding
U.S.C. 3304 note) is amended by striking
law (including a waiver of State law) and re- at the end the following new subsection:
‘‘March 14, 2021’’ each place it appears and ‘‘(c) SPECIAL RULE FOR 2020.—In the case of
ceive full reimbursement for weeks of unem- inserting ‘‘October 4, 2021’’.
ployment that ended after December 31, 2020. any taxable year beginning in 2020, gross in-
(b) EFFECTIVE DATE.—The amendment come shall not include so much of the unem-
SEC. 9015. EXTENSION OF EMERGENCY STATE made by subsection (a) shall apply as if in-
STAFFING FLEXIBILITY. ployment compensation received by an indi-
cluded in the enactment of the Families vidual as does not exceed $10,200.’’.
If a State modifies its unemployment com- First Coronavirus Response Act (Public Law (b) EFFECTIVE DATE.—The amendment
pensation law and policies, subject to the 116–127). made by this section shall apply to taxable
succeeding sentence, with respect to per- PART 3—DEPARTMENT OF LABOR FUND- years beginning after December 31, 2019.
sonnel standards on a merit basis on an ING FOR TIMELY, ACCURATE, AND EQUI-
emergency temporary basis as needed to re- TABLE PAYMENT SA 1151. Ms. COLLINS (for herself,
spond to the spread of COVID–19, such modi- Mr. PORTMAN, Mr. CASSIDY, Mrs. CAP-
SEC. 9031. FUNDING FOR ADMINISTRATION.
fications shall be disregarded for the pur-
In addition to amounts otherwise avail- ITO, Mr. ROMNEY, Ms. MURKOWSKI, Mr.
poses of applying section 303 of the Social
able, there is appropriated to the Employ- ROUNDS, Mr. YOUNG, Mr. TILLIS, and
Security Act and section 3304 of the Internal
ment and Training Administration of the De- Mr. CRAPO) submitted an amendment
Revenue Code of 1986 to such State law. Such
partment of Labor for fiscal year 2021, out of intended to be proposed to amendment
modifications shall only apply through Octo- any money in the Treasury not otherwise ap-
ber 4, 2021, and shall be limited to engaging SA 891 proposed by Mr. SCHUMER (for
propriated, $8,000,000, to remain available
of temporary staff, rehiring of retirees or until expended, for necessary expenses to himself, Mr. WYDEN, Mrs. MURRAY, Mr.
former employees on a non-competitive carry out Federal activities relating to the BROWN, Mr. PETERS, Mr. CARDIN, Ms.
basis, and other temporary actions to quick- administration of unemployment compensa- CANTWELL, Ms. STABENOW, Mr. TESTER,
ly process applications and claims. tion programs. Mr. MENENDEZ, Mr. SCHATZ, Mr. CAR-
SEC. 9016.
EXTENSION OF PANDEMIC EMER- SEC. 9032. FUNDING FOR FRAUD PREVENTION, PER, Mr. LEAHY, and Mr. SANDERS) to
GENCY UNEMPLOYMENT COM- EQUITABLE ACCESS, AND TIMELY
PENSATION. the bill H.R. 1319, to provide for rec-
PAYMENT TO ELIGIBLE WORKERS.
(a) IN GENERAL.—Section 2107(g) of the onciliation pursuant to title II of S.
Subtitle A of title II of division A of the
CARES Act (15 U.S.C. 9025(g)) is amended to CARES Act (Public Law 116–136) is amended
Con. Res. 5; which was ordered to lie on
read as follows: by adding at the end the following: the table; as follows:
‘‘(g) APPLICABILITY.—An agreement en- ‘‘SEC. 2118. FUNDING FOR FRAUD PREVENTION, In lieu of the matter proposed to be in-
tered into under this section shall apply to EQUITABLE ACCESS, AND TIMELY serted, insert the following:
weeks of unemployment— PAYMENT TO ELIGIBLE WORKERS. SEC. 2. TABLE OF CONTENTS.
‘‘(1) beginning after the date on which such ‘‘(a) IN GENERAL.—In addition to amounts The table of contents for this Act is as fol-
agreement is entered into; and otherwise available, there is appropriated to lows:
‘‘(2) ending on or before October 4, 2021.’’. the Secretary of Labor for fiscal year 2021, Sec. 2. Table of contents.
(b) INCREASE IN NUMBER OF WEEKS.—Sec- out of any money in the Treasury not other- TITLE I—COMMITTEE ON AGRICULTURE,
tion 2107(b)(2) of such Act (15 U.S.C. wise appropriated, $2,000,000,000, to remain NUTRITION, AND FORESTRY
9025(b)(2)) is amended by striking ‘‘24’’ and available until expended, to detect and pre-
inserting ‘‘53’’. Sec. 1001. Supplemental nutrition assistance
vent fraud, promote equitable access, and en-
(c) COORDINATION OF PANDEMIC EMERGENCY program.
sure the timely payment of benefits with re- Sec. 1002. Additional assistance for SNAP
UNEMPLOYMENT COMPENSATION WITH EX- spect to unemployment compensation pro-
online purchasing and tech-
TENDED COMPENSATION.—Section 2107(a)(5)(B) grams, including programs extended under
nology improvements.
of such Act (15 U.S.C. 9025(a)(5)(B)) is amend- subtitle A of title IX of the American Rescue Sec. 1003. Additional funding for nutrition
ed by inserting ‘‘or for the week that in- Plan Act of 2021. assistance programs.
cludes the date of enactment of the Amer- ‘‘(b) USE OF FUNDS.—Amounts made avail- Sec. 1004. Commodity supplemental food

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ican Rescue Plan Act of 2021 (without regard able under subsection (a) may be used— program.
to the amendments made by subsections (a) ‘‘(1) for Federal administrative costs re- Sec. 1005. Improvements to WIC benefits.
and (b) of section 9016 of such Act)’’ after lated to the purposes described in subsection Sec. 1006. WIC program modernization.
‘‘2020)’’. (a); Sec. 1007. Meals and supplements reimburse-
(d) SPECIAL RULE FOR EXTENDED COMPENSA- ‘‘(2) for systemwide infrastructure invest- ments for individuals who have
TION.—Section 2107(a)(8) of such Act (15 ment and development related to such pur- not attained the age of 25.
U.S.C. 9025(a)(8)) is amended by striking poses; and Sec. 1008. Pandemic EBT program.

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S1326 CONGRESSIONAL RECORD — SENATE March 5, 2021
TITLE II—COMMITTEE ON BANKING, Subtitle E—Schools the Treasury not otherwise appropriated,
HOUSING, AND URBAN AFFAIRS Sec. 4401. Elementary and secondary school $25,000,000 to remain available through Sep-
Sec. 2001. COVID–19 emergency medical sup- emergency relief fund. tember 30, 2026, to carry out this section.
plies enhancement. Sec. 4402. Emergency assistance to non-pub- (b) USE OF FUNDS.—The Secretary of Agri-
lic schools. culture may use the amounts made available
TITLE III—COMMITTEE ON FINANCE
Subtitle F—Child Care pursuant to subsection (a)—
Subtitle A—Funding for Providers Relating (1) to make technological improvements to
to COVID–19 Sec. 4501. Child Care and Development Block improve online purchasing in the supple-
Sec. 3001. Funding for providers relating to Grant Program. mental nutrition assistance program estab-
COVID–19. Subtitle G—Restrictions on the Use of Funds lished under the Food and Nutrition Act of
Subtitle B—Unemployment Provisions Sec. 4701. Application of provisions. 2008 (7 U.S.C. 2011 et seq.);
TITLE V—COMMITTEE ON HOMELAND (2) to modernize electronic benefit transfer
Sec. 3101. Extension of Federal Pandemic
SECURITY AND GOVERNMENTAL AF- technology;
Unemployment Compensation.
FAIRS (3) to support the mobile technologies dem-
Sec. 3102. Funding for fraud prevention, eq-
onstration projects and the use of mobile
uitable access, and timely pay- Sec. 5001. Federal Emergency Management
technologies authorized under section
ment to eligible workers. Agency appropriation.
7(h)(14) of the Food and Nutrition Act of 2008
Subtitle C—Recovery Rebates to Individuals Sec. 5002. Small Provider Medical Supplies
(7 U.S.C. 2016(h)(14)); and
Fund.
Sec. 3201. 2021 recovery rebates to individ- (4) to provide technical assistance to edu-
uals. TITLE VI—COMMITTEE ON SMALL cate retailers on the process and technical
BUSINESS AND ENTREPRENEURSHIP requirements for the online acceptance of
TITLE IV—COMMITTEE ON HEALTH,
EDUCATION, LABOR, AND PENSIONS Sec. 6001. Additional appropriations for pay- the supplemental nutrition assistance pro-
check protection program, sec- gram benefits, for mobile payments, and for
Subtitle A—Vaccines ond draw, and economic injury electronic benefit transfer modernization
Sec. 4001. Funding for COVID–19 vaccine ac- disaster loans. initiatives.
tivities at the Centers for Dis- TITLE I—COMMITTEE ON AGRICULTURE, SEC. 1003. ADDITIONAL FUNDING FOR NUTRI-
ease Control and Prevention. NUTRITION, AND FORESTRY TION ASSISTANCE PROGRAMS.
Sec. 4002. Funding for vaccine confidence ac- Section 704 of division N of the Consoli-
SEC. 1001. SUPPLEMENTAL NUTRITION ASSIST-
tivities. dated Appropriations Act, 2021 (Public Law
ANCE PROGRAM.
Sec. 4003. Funding for supply chain for 116–260) is amended—
COVID–19 vaccines, thera- (a) VALUE OF BENEFITS.—Section 702(a) of
division N of the Consolidated Appropria- (1) by striking ‘‘In addition’’ and inserting
peutics, and medical supplies. the following:
Sec. 4004. Funding for COVID–19 vaccine, tions Act, 2021 (Public Law 116–260) is amend-
ed by striking ‘‘June 30, 2021’’ and inserting ‘‘(a) COVID–19 RESPONSE FUNDING.—In ad-
therapeutic, and device activi- dition’’; and
ties at the Food and Drug Ad- ‘‘September 30, 2021’’.
(b) SNAP ADMINISTRATIVE EXPENSES.—In (2) by adding at the end the following—
ministration. ‘‘(b) ADDITIONAL FUNDING.—In addition to
addition to amounts otherwise available,
Subtitle B—Testing there is hereby appropriated for fiscal year any other funds made available, there is ap-
Sec. 4101. Funding for COVID–19 testing, 2021, out of any amounts in the Treasury not propriated for fiscal year 2021, out of any
contact tracing, and mitigation otherwise appropriated, $1,150,000,000, to re- money in the Treasury not otherwise appro-
activities. main available until September 30, 2023, with priated, $1,000,000,000 to remain available
Sec. 4102. Funding for SARS–CoV–2 genomic amounts to be obligated for each of fiscal until September 30, 2027, for the Secretary of
sequencing and surveillance. years 2021, 2022, and 2023, for the costs of Agriculture to provide grants to the Com-
Sec. 4103. Funding for data modernization State administrative expenses associated monwealth of Northern Mariana Islands,
and forecasting center. with carrying out this section and admin- Puerto Rico, and American Samoa for nutri-
istering the supplemental nutrition assist- tion assistance, of which $30,000,000 shall be
Subtitle C—Strategic National Stockpile
ance program established under the Food available to provide grants to the Common-
Sec. 4201. Funding for the Strategic Na- wealth of Northern Mariana Islands for such
and Nutrition Act of 2008 (7 U.S.C. 2011 et
tional Stockpile. assistance.’’.
seq.), of which—
Subtitle D—Mental Health and Substance (1) $15,000,000 shall be for necessary ex- SEC. 1004. COMMODITY SUPPLEMENTAL FOOD
Abuse Disorder penses of the Secretary of Agriculture (in PROGRAM.
Sec. 4301. Funding for block grants for com- this section referred to as the ‘‘Secretary’’) In addition to amounts otherwise made
munity mental health services. for management and oversight of the pro- available, there is appropriated for fiscal
Sec. 4302. Funding for block grants for pre- gram; and year 2021, out of any money in the Treasury
vention and treatment of sub- (2) $1,135,000,000 shall be for the Secretary not otherwise appropriated, $37,000,000, to re-
stance abuse. to make grants to each State agency for main available until September 30, 2022, for
Sec. 4303. Funding for mental health and each of fiscal years 2021 through 2023 as fol- activities authorized by section 4(a) of the
substance use disorder training lows: Agriculture and Consumer Protection Act of
for health care professionals, (A) 75 percent of the amounts available 1973 (7 U.S.C. 612c note).
paraprofessionals, and public shall be allocated to States based on the SEC. 1005. IMPROVEMENTS TO WIC BENEFITS.
safety officers. share of each State of households that par- (a) DEFINITIONS.—In this section:
Sec. 4304. Funding for education and aware- ticipate in the supplemental nutrition assist- (1) APPLICABLE PERIOD.—The term ‘‘appli-
ness campaign encouraging ance program as reported to the Department cable period’’ means a period—
healthy work conditions and of Agriculture for the most recent 12-month (A) beginning after the date of enactment
use of mental health and sub- period for which data are available, adjusted of this Act, as selected by a State agency;
stance use disorder services by by the Secretary (as of the date of the enact- and
health care professionals. ment of this Act) for participation in dis- (B) ending not later than the earlier of—
Sec. 4305. Funding for grants for health care aster programs under section 5(h) of the (i) 4 months after the date described in
providers to promote mental Food and Nutrition Act of 2008 (7 U.S.C. subparagraph (A); or
health among their health pro- 2014(h)); and (ii) September 30, 2021.
fessional workforce. (B) 25 percent of the amounts available (2) CASH-VALUE VOUCHER.—The term ‘‘cash-
Sec. 4306. Funding for community-based shall be allocated to States based on the in- value voucher’’ has the meaning given the
local substance use disorder crease in the number of households that par- term in section 246.2 of title 7, Code of Fed-
services. ticipate in the supplemental nutrition assist- eral Regulations (as in effect on the date of
Sec. 4307. Funding for suicide prevention. ance program as reported to the Department the enactment of this Act).
Sec. 4308. Funding for the National Child of Agriculture over the most recent 12- (3) PROGRAM.—The term ‘‘program’’ means
Traumatic Stress Network. month period for which data are available, the special supplemental nutrition program
Sec. 4309. Funding for Project AWARE. adjusted by the Secretary (as of the date of for women, infants, and children established
Sec. 4310. Funding for youth suicide preven- the enactment of this Act) for participation by section 17 of the Child Nutrition Act of
tion. in disaster programs under section 5(h) of 1966 (42 U.S.C. 1786).
Sec. 4311. Funding for behavioral health the Food and Nutrition Act of 2008 (7 U.S.C. (4) QUALIFIED FOOD PACKAGE.—The term

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workforce education and train- 2014(h)). ‘‘qualified food package’’ means each of the
ing. SEC. 1002. ADDITIONAL ASSISTANCE FOR SNAP following food packages (as defined in sec-
Sec. 4312. Funding for pediatric mental ONLINE PURCHASING AND TECH- tion 246.10(e) of title 7, Code of Federal Regu-
health care access. NOLOGY IMPROVEMENTS. lations (as in effect on the date of the enact-
Sec. 4313. Funding for expansion grants for (a) FUNDING.—In addition to amounts oth- ment of this Act)):
certified community behavioral erwise made available, there is appropriated (A) Food package III–Participants with
health clinics. for fiscal year 2021, out of any amounts in qualifying conditions.

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1327
(B) Food Package IV–Children 1 through 4 the Secretary shall reimburse institutions TITLE II—COMMITTEE ON BANKING,
years. that are emergency shelters under such sec- HOUSING, AND URBAN AFFAIRS
(C) Food Package V–Pregnant and par- tion 17(r) (42 U.S.C. 1766(r)) for meals and SEC. 2001. COVID–19 EMERGENCY MEDICAL SUP-
tially (mostly) breastfeeding women. supplements served to individuals who, at PLIES ENHANCEMENT.
(D) Food Package VI–Postpartum women. the time of such service— (a) SUPPORTING ENHANCED USE OF THE DE-
(E) Food Package VII–Fully breastfeeding. (1) have not attained the age of 25; and FENSE PRODUCTION ACT OF 1950.—In addition
(5) SECRETARY.—The term ‘‘Secretary’’ (2) are receiving assistance, including non- to funds otherwise available, there is appro-
means the Secretary of Agriculture. residential assistance, from such emergency priated, for fiscal year 2021, out of any
(6) STATE AGENCY.—The term ‘‘State agen- shelter. money in the Treasury not otherwise appro-
cy’’ has the meaning given the term in sec- (b) PARTICIPATION BY EMERGENCY SHEL- priated, $5,000,000,000, notwithstanding sec-
tion 17(b) of the Child Nutrition Act of 1966 TERS.—Beginning on the date of enactment tion 304(e) of the Defense Production Act of
(42 U.S.C. 1786(b)). of this section, notwithstanding paragraph 1950 (50 U.S.C. 4534(e)), to remain available
(b) AUTHORITY TO INCREASE AMOUNT OF (5)(A) of section 17(t) of the Richard B. Rus- until September 30, 2025, to carry out title
CASH-VALUE VOUCHER.—During the public sell National School Lunch Act (42 U.S.C. III of such Act in accordance with subsection
health emergency declared by the Secretary 1766(t)), during the COVID–19 public health (b).
of Health and Human Services under section emergency declared under section 319 of the (b) MEDICAL SUPPLIES AND EQUIPMENT.—
319 of the Public Health Service Act (42 Public Health Service Act (42 U.S.C. 247d), Amounts appropriated in subsection (a) shall
U.S.C. 247d) on January 31, 2020, with respect the Secretary shall reimburse emergency be used for the purchase, production (includ-
to the Coronavirus Disease 2019 (COVID–19), shelters under such section 17(t) (42 U.S.C. ing the construction, repair, and retrofitting
and in response to challenges relating to 1766(t)) for meals and supplements served to of government-owned or private facilities as
that public health emergency, the Secretary individuals who, at the time of such service necessary), or distribution of medical sup-
may, in carrying out the program, increase have not attained the age of 25. plies and equipment (including durable med-
the amount of a cash-value voucher under a (c) DEFINITIONS.—In this section: ical equipment) related to combating the
qualified food package to an amount that is (1) EMERGENCY SHELTER.—The term ‘‘emer- COVID–19 pandemic, including—
less than or equal to $35. gency shelter’’ has the meaning given the (1) in vitro diagnostic products for the de-
(c) APPLICATION OF INCREASED AMOUNT OF term under section 17(t)(1) of the Richard B. tection of SARS-CoV-2 or the diagnosis of
CASH-VALUE VOUCHER TO STATE AGENCIES.— Russell National School Lunch Act (42 U.S.C. the virus that causes COVID–19, and the re-
(1) NOTIFICATION.—An increase to the 1766(t)(1)). agents and other materials necessary for
amount of a cash-value voucher under sub- (2) SECRETARY.—The term ‘‘Secretary’’ producing, conducting, or administering
section (b) shall apply to any State agency means the Secretary of Agriculture. such products, and the machinery, equip-
that notifies the Secretary of— SEC. 1008. PANDEMIC EBT PROGRAM. ment, laboratory capacity, or other tech-
(A) the intent to use that increased Section 1101 of the Families First nology necessary to produce such products;
amount, without further application; and Coronavirus Response Act (7 U.S.C. 2011 note; (2) face masks and personal protective
(B) the applicable period selected by the Public Law 116–127) is amended— equipment, including face shields, nitrile
State agency during which that increased (1) in subsection (a)— gloves, N–95 filtering facepiece respirators,
amount shall apply. (A) by striking ‘‘During fiscal years 2020 and any other masks or equipment (includ-
(2) USE OF INCREASED AMOUNT.—A State and 2021’’ and inserting ‘‘In any school year ing durable medical equipment) needed to re-
agency that makes a notification to the Sec- in which there is a public health emergency spond to the COVID–19 pandemic, and the
retary under paragraph (1) shall use the in- designation’’; and materials, machinery, additional manufac-
creased amount described in that para- (B) by inserting ‘‘or in a covered summer turing lines or facilities, or other technology
graph— period following a school session’’ after ‘‘in necessary to produce such equipment; and
(A) during the applicable period described session’’; (3) drugs, devices, and biological products
in that notification; and (2) in subsection (g), by striking ‘‘During that are approved, cleared, licensed, or au-
(B) only during a single applicable period. fiscal year 2020, the’’ and inserting ‘‘The’’; thorized for use in treating or preventing
(d) SUNSET.—The authority of the Sec- (3) in subsection (h)(1)— COVID–19 and symptoms related to COVID–
retary under subsection (b), and the author- (A) by inserting ‘‘either’’ after ‘‘at least 1 19, and any materials, manufacturing ma-
ity of a State agency to increase the amount child enrolled in such a covered child care fa- chinery, additional manufacturing or fill-fin-
of a cash-value voucher under subsection (c), cility and’’; and ish lines or facilities, technology, or equip-
shall terminate on September 30, 2021. (B) by inserting ‘‘or a Department of Agri- ment (including durable medical equipment)
(e) FUNDING.—In addition to amounts oth- culture grant-funded nutrition assistance necessary to produce or use such drugs, bio-
erwise made available, there is appropriated program in the Commonwealth of the North- logical products, or devices (including sy-
to the Secretary, out of funds in the Treas- ern Mariana Islands, Puerto Rico, or Amer- ringes, vials, or other supplies or equipment
ury not otherwise appropriated, $490,000,000 ican Samoa’’ before ‘‘shall be eligible to re- related to delivery, distribution, or adminis-
to carry out this section, to remain available ceive assistance’’; tration).
until September 30, 2022. (4) by redesignating subsections (i) and (j) TITLE III—COMMITTEE ON FINANCE
SEC. 1006. WIC PROGRAM MODERNIZATION. as subsections (j) and (k), respectively; Subtitle A—Funding for Providers Relating
In addition to amounts otherwise avail- (5) by inserting after subsection (h) the fol- to COVID–19
able, there are appropriated to the Secretary lowing: SEC. 3001. FUNDING FOR PROVIDERS RELATING
of Agriculture, out of amounts in the Treas- ‘‘(i) EMERGENCIES DURING SUMMER.—The TO COVID–19.
ury not otherwise appropriated, $390,000,000 Secretary of Agriculture may permit a State Part A of title XI of the Social Security
for fiscal year 2021, to remain available until agency to extend a State agency plan ap- Act (42 U.S.C. 1301 et seq.) is amended by
September 30, 2024, to carry out outreach, in- proved under subsection (b) for not more adding at the end the following:
novation, and program modernization ef- than 90 days for the purpose of operating the ‘‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT-
forts, including appropriate waivers and plan during a covered summer period, during ING TO COVID–19.
flexibility, to increase participation in and which time schools participating in the ‘‘(a) FUNDING.—In addition to amounts oth-
redemption of benefits under programs es- school lunch program under the Richard B. erwise available, there is appropriated to the
tablished under section 17 of the Child Nutri- Russell National School Lunch Act or the Secretary, for fiscal year 2021, out of any
tion Act of 1966 (7 U.S.C. 1431), except that school breakfast program under section 4 of monies in the Treasury not otherwise appro-
such waivers may not relate to the content the Child Nutrition Act of 1966 (42 U.S.C. 1773 priated, $35,00,000,000 for purposes of making
of the WIC Food Packages (as defined in sec- ) and covered child care facilities shall be payments to eligible health care providers
tion 246.10(e) of title 7, Code of Federal Regu- deemed closed for purposes of this section.’’; for health care related expenses and lost rev-
lations (as in effect on the date of enactment (6) in subsection (j) (as so redesignated)— enues that are attributable to COVID–19.
of this Act)), or the nondiscrimination re- (A) by redesignating paragraphs (2) Amounts appropriated under the preceding
quirements under section 246.8 of title 7, through (6) as paragraphs (3) through (7), re- sentence shall remain available until ex-
Code of Federal Regulations (as in effect on spectively; pended.
the date of enactment of this Act). (B) by inserting after paragraph (1) the fol- ‘‘(b) SPECIAL RULES.—
SEC. 1007. MEALS AND SUPPLEMENTS REIM- lowing: ‘‘(1) PARENT ORGANIZATIONS.—In the case of
BURSEMENTS FOR INDIVIDUALS ‘‘(2) COVERED SUMMER PERIOD.—The term any payment made under this section to an
WHO HAVE NOT ATTAINED THE AGE ‘covered summer period’ means a summer eligible health care provider, but which is re-
OF 25. period that follows a school year during ceived by a parent organization of such pro-
(a) PROGRAM FOR AT-RISK SCHOOL CHIL- which there was a public health emergency vider, such parent organization shall allo-

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DREN.—Beginning on the date of enactment designation.’’; and cate all of such payment to such provider.
of this section, notwithstanding paragraph (C) in paragraph (5) (as so redesignated), by ‘‘(2) ENSURING PAYMENT FOR PROVIDERS IN
(1)(A) of section 17(r) of the Richard B. Rus- striking ‘‘or another coronavirus with pan- RURAL AREAS.—The Secretary shall make not
sell National School Lunch Act (42 U.S.C. demic potential’’; and less than $8,500,000,000 of the amounts appro-
1766(r)), during the COVID–19 public health (7) in subsection (k) (as so redesignated), priated under subsection (a) available for eli-
emergency declared under section 319 of the by inserting ‘‘Federal agencies,’’ before gible health care providers located in a rural
Public Health Service Act (42 U.S.C. 247d), ‘‘State agencies’’. area.

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S1328 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘(c) APPLICATION REQUIREMENT.—To be eli- maintaining staff, obtaining additional staff, (2) as directed by the Secretary, conduct
gible for a payment under this section, an el- or both, the operation of an emergency oper- user accessibility testing on any new system
igible health care provider shall submit to ation center, retrofitting a facility, pro- developed by the Secretary pursuant to sub-
the Secretary an application in such form viding for surge capacity, and other expenses section (b)(2).
and manner as the Secretary shall prescribe. determined appropriate by the Secretary. (d) RESERVATION OF FUNDS FOR SYSTEM IM-
Such application shall contain the following: ‘‘(3) LOST REVENUE ATTRIBUTABLE TO COVID– PROVEMENTS.—Of the amount appropriated
‘‘(1) A statement justifying the need of the 19.—The term ‘lost revenue attributable to under subsection (a), the Secretary shall re-
provider for the payment, including docu- COVID–19’ has the meaning given that term serve $100,000,000 to assist States in the fol-
mentation of the health care related ex- in the Frequently Asked Questions guidance lowing activities:
penses attributable to COVID–19 and lost released by the Department of Health and (1) Improving States’ use of an automated
revenues attributable to COVID–19. Human Services in June 2020, including the electronic transmission of requests for infor-
‘‘(2) The tax identification number of the difference between such provider’s budgeted mation relating to unemployment compensa-
provider. and actual revenue if such budget had been tion and the provision of such information
‘‘(3) Such assurances as the Secretary de- established and approved prior to March 27, between such agency and employers or their
termines appropriate that the eligible health 2020. agents.
care provider will maintain and make avail- ‘‘(4) PAYMENT.— The term ‘payment’ in- (2) Using a system designated by the Sec-
able such documentation and submit such re- cludes, as determined appropriate by the retary of Labor for cross-matching claimants
ports (at such time, in such form, and con- Secretary, a pre-payment, a prospective pay- of unemployment compensation under State
taining such information as the Secretary ment, a retrospective payment, or a payment law against any databases in the system to
shall prescribe) as the Secretary determines through a grant or other mechanism. prevent and detect fraud and improper pay-
is necessary to ensure compliance with any ‘‘(5) RURAL AREA.—The term ‘rural area’ ments.
conditions imposed by the Secretary under means— (3)(A) Comparing information in the Na-
this section. ‘‘(A) a rural area (as defined in section tional Directory of New Hires or other wage
‘‘(4) Any other information determined ap- 1886(d)(2)(D)); sources against information about individ-
propriate by the Secretary. ‘‘(B) an area treated as a rural area pursu- uals claiming unemployment compensation
‘‘(d) LIMITATION.—Payments made to an el- ant to section 1886(d)(8)(E); or to identify any such individuals who may
igible health care provider under this section ‘‘(C) any other rural area (as defined by the have become employed, in accordance with
may not be used to reimburse any expense or Secretary).’’. any regulations or guidance that the Sec-
loss that— retary of Health and Human Services may
Subtitle B—Unemployment Provisions
‘‘(1) has been reimbursed from another issue and consistent with the computer
source; or SEC. 3101. EXTENSION OF FEDERAL PANDEMIC
UNEMPLOYMENT COMPENSATION. matching provisions of the Privacy Act of
‘‘(2) another source is obligated to reim- 1974.
burse. (a) IN GENERAL.—Section 2104(e)(2) of the
CARES Act (15 U.S.C. 9023(e)(2)) is amended (B) Taking timely action to verify whether
‘‘(e) APPLICATION OF REQUIREMENTS, RULES, the individuals identified are employed.
AND PROCEDURES.—The Secretary shall apply by striking ‘‘March 14, 2021’’ and inserting
‘‘June 30, 2021’’. (C) Taking appropriate action to suspend
any requirements, rules, or procedures as the or modify unemployment compensation pay-
Secretary deems appropriate for the efficient (b) AMOUNT.—Section 2104(b)(3)(A)(ii) of
such Act (15 U.S.C. 9023(b)(3)(A)(ii)) is ments if the individuals identified are em-
execution of this section. ployed.
‘‘(f) APPLICATION OF PROVISIONS.—Amounts amended by striking ‘‘March 14, 2021’’ and in-
serting ‘‘June 30, 2021’’. (D) Initiating recovery of any improper un-
appropriated pursuant to this section for fis-
employment compensation payments that
cal year 2021 shall be subject to the require- SEC. 3102. FUNDING FOR FRAUD PREVENTION,
ments contained in Public Law 116–94 for EQUITABLE ACCESS, AND TIMELY have been made.
funds for programs authorized under sections PAYMENT TO ELIGIBLE WORKERS. Subtitle C—Recovery Rebates to Individuals
330 through 340 of the Public Health Service (a) IN GENERAL.—In addition to amounts SEC. 3201. 2021 RECOVERY REBATES TO INDIVID-
Act (42 U.S.C. 254b through 256). otherwise available, there is appropriated to UALS.
‘‘(g) DEFINITIONS.—In this section: the Secretary of Labor for fiscal year 2021, (a) IN GENERAL.—Subchapter B of chapter
‘‘(1) ELIGIBLE HEALTH CARE PROVIDER.—The out of any money in the Treasury not other- 65 of the Internal Revenue Code of 1986 is
term ‘eligible health care provider’ means— wise appropriated, $2,000,000,000, to remain amended by inserting after section 6428A the
‘‘(A) a provider of services (as defined in available until expended, to detect and pre- following new section:
section 1861(u)) or a supplier (as defined in vent fraud, promote equitable access, and en- ‘‘SEC. 6428B. 2021 RECOVERY REBATES TO INDI-
section 1861(d)) that— sure the timely payment of benefits with re- VIDUALS.
‘‘(i) is enrolled in the Medicare program spect to unemployment insurance programs, ‘‘(a) IN GENERAL.—In the case of an eligible
under title XVIII under section 1866(j), in- including the program extended under sec- individual, there shall be allowed as a credit
cluding temporarily enrolled during the tion 3011. against the tax imposed by subtitle A for the
emergency period described in section (b) USE OF FUNDS.—Amounts made avail- first taxable year beginning in 2021 an
1135(g)(1)(B) for such period; and able under subsection (a) may be used— amount equal to the 2021 rebate amount de-
‘‘(ii) provides diagnoses, testing, or care for (1) for Federal administrative costs related termined for such taxable year.
individuals with possible or actual cases of to the purposes described in subsection (a); ‘‘(b) 2021 REBATE AMOUNT.—For purposes of
COVID–19; (2) for systemwide infrastructure invest- this section, the term ‘2021 rebate amount’
‘‘(B) a provider or supplier that— ment and development related to such pur- means, with respect to any taxpayer for any
‘‘(i) is enrolled with a State Medicaid plan poses; taxable year, the sum of—
under title XIX (or a waiver of such plan) in (3) to make grants to States or territories ‘‘(1) $1,400 ($2,800 in the case of a joint re-
accordance with subsections (a)(77) and (kk) administering unemployment insurance pro- turn), plus
of section 1902 (including enrolled pursuant grams described in subsection (a) for such ‘‘(2) $500 multiplied by the number of de-
to section 1902(a)(78) or section 1932(d)(6)) or purposes, including the establishment of pro- pendents of the taxpayer for such taxable
enrolled with a State child health plan under cedures or the building of infrastructure to year.
title XXI (or a waiver of such plan) in ac- verify or validate identity, implement Fed- ‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of
cordance with subparagraph (G) of section eral guidance regarding fraud detection and this section, the term ‘eligible individual’
2107(e)(1) (including enrolled pursuant to sub- prevention, and accelerate claims processing means any individual other than—
paragraph (D) or (Q) of such section); and or process claims backlogs due to the pan- ‘‘(1) any nonresident alien individual,
‘‘(ii) provides diagnoses, testing, or care for demic; and ‘‘(2) any individual who is a dependent of
individuals with possible or actual cases of (4) for transfer to the Inspector General of another taxpayer for a taxable year begin-
COVID–19; the Department of Labor, to the Attorney ning in the calendar year in which the indi-
‘‘(C) an assisted living facility (as defined General, to the Commissioner of Internal vidual’s taxable year begins, and
for purposes of the Older Americans Act); or Revenue, or to other Federal agencies inves- ‘‘(3) an estate or trust.
‘‘(D) a senior congregate home provider (as tigating identity theft crime affecting Fed- ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS
defined by the Secretary). eral unemployment benefits, as determined INCOME.—
‘‘(2) HEALTH CARE RELATED EXPENSES AT- appropriate by the Secretary, for the devel- ‘‘(1) IN GENERAL.—The amount of the credit
TRIBUTABLE TO COVID–19.—The term ‘health opment of State tools for fraud detection or allowed by subsection (a) (determined with-
care related expenses attributable to COVID– prevention or for the investigation or pros- out regard to this subsection and subsection
19’ means health care related expenses to ecution of fraud. (f)) shall be reduced (but not below zero) by

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prevent, prepare for, and respond to COVID– (c) RESTRICTIONS ON GRANTS TO STATES AND the amount which bears the same ratio to
19, including the building or construction of TERRITORIES.—As a condition of receiving a such credit (as so determined) as—
a temporary structure, the leasing of a prop- grant under subsection (b)(3), the Secretary ‘‘(A) the excess of—
erty, the purchase of medical supplies and may require that a State or territory receiv- ‘‘(i) the taxpayer’s adjusted gross income
equipment, including personal protective ing such a grant shall— for such taxable year, over
equipment and testing supplies, providing for (1) use such program integrity tools as the ‘‘(ii) $40,000, bears to
increased workforce and training, including Secretary may specify; and ‘‘(B) $10,000.

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1329
‘‘(2) SPECIAL RULES.— ‘‘(2) JOINT RETURNS.—Except as otherwise paragraph (1)) to such individual equal to the
‘‘(A) JOINT RETURN OR SURVIVING SPOUSE.— provided by the Secretary, in the case of a excess (if any) of—
In the case of a joint return or a surviving refund or credit made or allowed under sub- ‘‘(I) the amount which would be deter-
spouse (as defined in section 2(a)), paragraph section (g) with respect to a joint return, mined under paragraph (1) (after the applica-
(1) shall be applied by substituting ‘$80,000’ half of such refund or credit shall be treated tion of subparagraph (A)) by applying para-
for ‘$40,000’ and ‘$20,000’ for ‘$10,000’. as having been made or allowed to each indi- graph (1) as of the additional payment deter-
‘‘(B) HEAD OF HOUSEHOLD.—In the case of a vidual filing such return. mination date, over
head of household (as defined in section 2(b)), ‘‘(g) ADVANCE REFUNDS AND CREDITS.— ‘‘(II) the amount of any payment made
paragraph (1) shall be applied by substituting ‘‘(1) IN GENERAL.—Subject to paragraphs (5) with respect to such individual under para-
‘$60,000’ for ‘$40,000’ and ‘$15,000’ for ‘$10,000’. and (6), each individual who was an eligible graph (1).
‘‘(e) DEFINITIONS AND SPECIAL RULES.— individual for such individual’s first taxable ‘‘(ii) ADDITIONAL PAYMENT DETERMINATION
‘‘(1) DEPENDENT DEFINED.—For purposes of year beginning in 2019 shall be treated as DATE.—The term ‘additional payment deter-
this section, the term ‘dependent’ has the having made a payment against the tax im- mination date’ means the earlier of—
meaning given such term by section 152. posed by chapter 1 for such taxable year in ‘‘(I) the date which is 90 days after the 2020
‘‘(2) IDENTIFICATION NUMBER REQUIRE- an amount equal to the advance refund calendar year filing deadline, or
MENT.—
amount for such taxable year. ‘‘(II) September 1, 2021.
‘‘(A) IN GENERAL.—In the case of a return ‘‘(2) ADVANCE REFUND AMOUNT.— ‘‘(iii) 2020 CALENDAR YEAR FILING DEAD-
other than a joint return, the $1,400 amount ‘‘(A) IN GENERAL.—For purposes of para- LINE.—The term ‘2020 calendar year filing
graph (1), the advance refund amount is the deadline’ means the date specified in section
in subsection (b)(1) shall be treated as being
amount that would have been allowed as a 6072(a) with respect to returns for calendar
zero unless the taxpayer includes the valid
credit under this section for such taxable year 2020. Such date shall be determined
identification number of the taxpayer on the
year if this section (other than subsection (f) after taking into account any period dis-
return of tax for the taxable year.
and this subsection) had applied to such tax- regarded under section 7508A if such dis-
‘‘(B) JOINT RETURNS.—In the case of a joint
able year. regard applies to substantially all returns
return, the $2,800 amount in subsection (b)(1)
‘‘(B) TREATMENT OF DECEASED INDIVID- for calendar year 2020 to which section
shall be treated as being—
UALS.—For purposes of determining the ad- 6072(a) applies.
‘‘(i) $1,400 if the valid identification num-
vance refund amount with respect to such ‘‘(6) APPLICATION TO CERTAIN INDIVIDUALS
ber of only 1 spouse is included on the return
taxable year— WHO HAVE NOT FILED A RETURN OF TAX FOR 2019
of tax for the taxable year, and ‘‘(i) any individual who was deceased be- OR 2020 AT TIME OF DETERMINATION.—In the
‘‘(ii) zero if the valid identification number fore January 1, 2021, shall be treated for pur- case of any individual who, at the time of
of neither spouse is so included. poses of applying subsection (e)(2) in the any determination made pursuant to para-
‘‘(C) DEPENDENTS.—A dependent shall not same manner as if the valid identification graph (3), has filed a tax return for neither
be taken into account under subsection (b)(2) number of such person was not included on the year described in paragraph (1) nor for
unless the valid identification number of the return of tax for such taxable year (ex- the year described in paragraph (5)(A), the
such dependent is included on the return of cept that subparagraph (E) thereof shall not Secretary shall, consistent with rules simi-
tax for the taxable year. apply), lar to the rules of section 6428A(f)(5)(H)(i),
‘‘(D) VALID IDENTIFICATION NUMBER.— ‘‘(ii) notwithstanding clause (i), in the case apply paragraph (1) on the basis of informa-
‘‘(i) IN GENERAL.—For purposes of this of a joint return with respect to which only tion available to the Secretary and shall, on
paragraph, the term ‘valid identification 1 spouse is deceased before January 1, 2021, the basis of such information, determine the
number’ means a social security number (as such deceased spouse was a member of the advance refund amount with respect to such
such term is defined in section 24(h)(7)). Armed Forces of the United States at any individual without regard to subsection (d)
‘‘(ii) ADOPTION TAXPAYER IDENTIFICATION time during the taxable year, and the valid unless the Secretary has reason to know that
NUMBER.—For purposes of subparagraph (C), identification number of such deceased such amount would otherwise be reduced by
in the case of a dependent who is adopted or spouse is included on the return of tax for reason of such subsection.
placed for adoption, the term ‘valid identi- the taxable year, the valid identification ‘‘(7) SPECIAL RULE RELATED TO TIME OF FIL-
fication number’ shall include the adoption number of 1 (and only 1) spouse shall be ING RETURN.—Solely for purposes of this sub-
taxpayer identification number of such de- treated as included on the return of tax for section, a return of tax shall not be treated
pendent. the taxable year for purposes of applying as filed until such return has been processed
‘‘(E) SPECIAL RULE FOR MEMBERS OF THE subsection (e)(2)(B) with respect to such by the Internal Revenue Service.
ARMED FORCES.—Subparagraph (B) shall not joint return, and ‘‘(8) RESTRICTION ON USE OF CERTAIN PRE-
apply in the case where at least 1 spouse was ‘‘(iii) no amount shall be determined under VIOUSLY ISSUED PREPAID DEBIT CARDS.—Pay-
a member of the Armed Forces of the United subsection (e)(2) with respect to any depend- ments made by the Secretary to individuals
States at any time during the taxable year ent of the taxpayer if the taxpayer (both under this section shall not be in the form of
and the valid identification number of at spouses in the case of a joint return) was de- an increase in the balance of any previously
least 1 spouse is included on the return of ceased before January 1, 2021. issued prepaid debit card if, as of the time of
tax for the taxable year. ‘‘(3) TIMING AND MANNER OF PAYMENTS.— the issuance of such card, such card was
‘‘(F) COORDINATION WITH CERTAIN ADVANCE The Secretary shall, subject to the provi- issued solely for purposes of making pay-
PAYMENTS.—In the case of any payment de- sions of this title and consistent with rules ments under section 6428 or 6428A.
termined pursuant to subsection (g)(6), a similar to the rules of subparagraphs (B) and ‘‘(h) SPECIAL RULES WITH RESPECT TO PRIS-
valid identification number shall be treated (C) of section 6428A(f)(3), refund or credit any ONERS.—
for purposes of this paragraph as included on overpayment attributable to this subsection ‘‘(1) DISALLOWANCE OF CREDIT.—
the taxpayer’s return of tax if such valid as rapidly as possible, consistent with a ‘‘(A) IN GENERAL.—Subject to subparagraph
identification number is available to the rapid effort to make payments attributable (B), no credit shall be allowed under sub-
Secretary as described in such subsection. to such overpayments electronically if ap- section (a) to an eligible individual who is,
‘‘(G) MATHEMATICAL OR CLERICAL ERROR AU- propriate. No refund or credit shall be made for each day during calendar year 2021, de-
THORITY.—Any omission of a correct valid or allowed under this subsection after De- scribed in clause (i), (ii), (iii), (iv), or (v) of
identification number required under this cember 31, 2021. section 202(x)(1)(A) of the Social Security
paragraph shall be treated as a mathe- ‘‘(4) NO INTEREST.—No interest shall be al- Act (42 U.S.C. 402(x)(1)(A)).
matical or clerical error for purposes of ap- lowed on any overpayment attributable to ‘‘(B) JOINT RETURN.—In the case of eligible
plying section 6213(g)(2) to such omission. this subsection. individuals filing a joint return where 1
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The ‘‘(5) APPLICATION TO INDIVIDUALS WHO HAVE spouse is described in subparagraph (A), sub-
credit allowed by subsection (a) shall be FILED A RETURN OF TAX FOR 2020.— section (b)(1) shall be applied by substituting
treated as allowed by subpart C of part IV of ‘‘(A) APPLICATION TO 2020 RETURNS FILED AT ‘$1,400’ for ‘$2,800’.
subchapter A of chapter 1. TIME OF INITIAL DETERMINATION.—If, at the ‘‘(2) DENIAL OF ADVANCE REFUND OR CRED-
‘‘(f) COORDINATION WITH ADVANCE REFUNDS time of any determination made pursuant to IT.—No refund or credit shall be made or al-
OF CREDIT.— paragraph (3), the individual referred to in lowed under subsection (g) with respect to
‘‘(1) REDUCTION OF REFUNDABLE CREDIT.— paragraph (1) has filed a return of tax for the any individual whom the Secretary has
The amount of the credit which would (but individual’s first taxable year beginning in knowledge is, at the time of any determina-
for this paragraph) be allowable under sub- 2020, paragraph (1) shall be applied with re- tion made pursuant to paragraph (3) of such
section (a) shall be reduced (but not below spect to such individual by substituting subsection, described in clause (i), (ii), (iii),
zero) by the aggregate refunds and credits ‘2020’ for ‘2019’. (iv), or (v) of section 202(x)(1)(A) of the Social

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made or allowed to the taxpayer (or, except ‘‘(B) ADDITIONAL PAYMENT.— Security Act.
as otherwise provided by the Secretary, any ‘‘(i) IN GENERAL.—In the case of any indi- ‘‘(i) REGULATIONS.—The Secretary shall
dependent of the taxpayer) under subsection vidual who files, before the additional pay- prescribe such regulations or other guidance
(g). Any failure to so reduce the credit shall ment determination date, a return of tax for as may be necessary or appropriate to carry
be treated as arising out of a mathematical such individual’s first taxable year beginning out the purposes of this section, including—
or clerical error and assessed according to in 2020, the Secretary shall make a payment ‘‘(1) regulations or other guidance pro-
section 6213(b)(1). (in addition to any payment made under viding taxpayers the opportunity to provide

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S1330 CONGRESSIONAL RECORD — SENATE March 5, 2021
the Secretary information sufficient to allow relating to section 6428A the following new (2) SUPPLEMENTAL FUNDING.—
the Secretary to make payments to such item: (A) IN GENERAL.—Not later than 21 days
taxpayers under subsection (g) (including the ‘‘Sec. 6428B. 2021 recovery rebates to individ- after the date of enactment of this Act, the
determination of the amount of such pay- uals.’’. Secretary shall use amounts described in
ment) if such information is not otherwise TITLE IV—COMMITTEE ON HEALTH, subsection (a) to provide supplemental fund-
available to the Secretary, and EDUCATION, LABOR, AND PENSIONS ing to any State, locality, or territory that
‘‘(2) regulations or other guidance to en- received less of the amounts that were ap-
Subtitle A—Vaccines
sure to the maximum extent administra- propriated under title III of division M of
tively practicable that, in determining the SEC. 4001. FUNDING FOR COVID–19 VACCINE AC- Public Law 116–260 for vaccination grants to
TIVITIES AT THE CENTERS FOR DIS-
amount of any credit under subsection (a) EASE CONTROL AND PREVENTION.
be issued by the Centers for Disease Control
and any credit or refund under subsection (a) IN GENERAL.—In addition to amounts and Prevention than such State, locality, or
(g), an individual is not taken into account otherwise available, there is appropriated to territory would have received had such
more than once, including by different tax- the Secretary of Health and Human Services amounts been allocated using the alternative
payers and including by reason of a change (in this subtitle referred to as the ‘‘Sec- allocation.
in joint return status or dependent status be- retary’’) for fiscal year 2021, out of any (B) AMOUNT.—The amount of supplemental
tween the taxable year for which an advance money in the Treasury not otherwise appro- funding provided under this subsection shall
refund amount is determined and the taxable priated, $7,500,000,000, to remain available be equal to the difference between—
year for which a credit under subsection (a) until expended, to carry out activities to (i) the amount the State, locality, or terri-
is determined.’’. plan, prepare for, promote, distribute, ad- tory received, or would receive, under the
(b) TREATMENT OF CERTAIN POSSESSIONS.— minister, monitor, and track COVID–19 vac- base formula; and
(1) PAYMENTS TO POSSESSIONS WITH MIRROR cines. (ii) the amount the State, locality, or ter-
CODE TAX SYSTEMS.—The Secretary of the (b) USE OF FUNDS.—The Secretary, acting ritory would receive under the alternative
Treasury shall pay to each possession of the through the Director of the Centers for Dis- allocation.
United States which has a mirror code tax ease Control and Prevention, and in con- SEC. 4002. FUNDING FOR VACCINE CONFIDENCE
system amounts equal to the loss (if any) to sultation with other agencies, as applicable, ACTIVITIES.
that possession by reason of the amendments shall, in conducting activities referred to in In addition to amounts otherwise avail-
made by this section. Such amounts shall be subsection (a)— able, there is appropriated to the Secretary
determined by the Secretary of the Treasury (1) conduct activities to enhance, expand, for fiscal year 2021, out of any money in the
based on information provided by the gov- and improve nationwide COVID–19 vaccine Treasury not otherwise appropriated,
ernment of the respective possession. distribution and administration, including $1,000,000,000, to remain available until ex-
(2) PAYMENTS TO OTHER POSSESSIONS.—The activities related to distribution of ancillary pended, to carry out activities, acting
Secretary of the Treasury shall pay to each medical products and supplies related to vac- through the Director of the Centers for Dis-
possession of the United States which does cines; and ease Control and Prevention—
not have a mirror code tax system amounts (2) provide technical assistance, guidance, (1) to strengthen vaccine confidence in the
estimated by the Secretary of the Treasury and support to, and award grants or coopera- United States, including its territories and
as being equal to the aggregate benefits (if tive agreements to, State, local, Tribal, and possessions;
any) that would have been provided to resi- territorial public health departments for en- (2) to provide further information and edu-
dents of such possession by reason of the hancement of COVID–19 vaccine distribution cation with respect to vaccines licensed
amendments made by this section if a mirror and administration capabilities, including— under section 351 of the Public Health Serv-
code tax system had been in effect in such (A) the distribution and administration of ice Act (42 U.S.C. 262) or authorized under
possession. The preceding sentence shall not vaccines licensed under section 351 of the section 564 of the Federal Food, Drug, and
apply unless the respective possession has a Public Health Service Act (42 U.S.C. 262) or Cosmetic Act (21 U.S.C. 360bbb–3); and
plan, which has been approved by the Sec- authorized under section 564 of the Federal (3) to improve rates of vaccination
retary of the Treasury, under which such Food, Drug, and Cosmetic Act (21 U.S.C. throughout the United States, including its
possession will promptly distribute such pay- 360bbb–3) and ancillary medical products and territories and possessions, including
ments to its residents. supplies related to vaccines; through activities described in section 313 of
(3) COORDINATION WITH CREDIT ALLOWED (B) the establishment and expansion, in- the Public Health Service Act, as amended
AGAINST UNITED STATES INCOME TAXES.—No cluding staffing support, of community vac- by section 311 of division BB of the Consoli-
credit shall be allowed against United States cination centers, particularly in underserved dated Appropriations Act, 2021 (Public Law
income taxes under section 6428B of the In- areas; 116–260).
ternal Revenue Code of 1986 (as added by this (C) the deployment of mobile vaccination SEC. 4003. FUNDING FOR SUPPLY CHAIN FOR
section), nor shall any credit or refund be units, particularly in underserved areas; COVID–19 VACCINES, THERA-
made or allowed under subsection (g) of such (D) information technology, standards- PEUTICS, AND MEDICAL SUPPLIES.
section, to any person— based data, and reporting enhancements, in- In addition to amounts otherwise avail-
(A) to whom a credit is allowed against cluding improvements necessary to support able, there is appropriated to the Secretary
taxes imposed by the possession by reason of standards-based sharing of data related to for fiscal year 2021, out of any money in the
the amendments made by this section, or vaccine distribution and vaccinations and Treasury not otherwise appropriated,
(B) who is eligible for a payment under a systems that enhance vaccine safety, effec- $6,050,000,000, to remain available until ex-
plan described in paragraph (2). tiveness, and uptake, particularly among un- pended, for necessary expenses with respect
(4) MIRROR CODE TAX SYSTEM.—For pur- derserved populations; to research, development, manufacturing,
poses of this subsection, the term ‘‘mirror (E) facilities enhancements; production, and the purchase of vaccines,
code tax system’’ means, with respect to any (F) communication with the public regard- therapeutics, and ancillary medical products
possession of the United States, the income ing when, where, and how to receive COVID– and supplies to prevent, prepare, or respond
tax system of such possession if the income 19 vaccines; and to—
tax liability of the residents of such posses- (G) transportation of individuals to facili- (1) SARS–CoV–2 or any viral variant mu-
sion under such system is determined by ref- tate vaccinations, including at community tating therefrom with pandemic potential;
erence to the income tax laws of the United vaccination centers and mobile vaccination and
States as if such possession were the United units, particularly for underserved popu- (2) COVID–19 or any disease with potential
States. lations. for creating a pandemic.
(5) TREATMENT OF PAYMENTS.—For pur- (c) SUPPLEMENTAL FUNDING FOR STATE SEC. 4004. FUNDING FOR COVID–19 VACCINE,
poses of section 1324 of title 31, United States VACCINATION GRANTS.— THERAPEUTIC, AND DEVICE ACTIVI-
Code, the payments under this subsection (1) DEFINITIONS.—In this subsection: TIES AT THE FOOD AND DRUG AD-
shall be treated in the same manner as a re- (A) BASE FORMULA.—The term ‘‘base for- MINISTRATION.
fund due from a credit provision referred to mula’’ means the allocation formula that ap- In addition to amounts otherwise avail-
in subsection (b)(2) of such section. plied to the Public Health Emergency Pre- able, there is appropriated to the Secretary
(c) ADMINISTRATIVE PROVISIONS.— paredness cooperative agreement in fiscal for fiscal year 2021, out of any money in the
(1) DEFINITION OF DEFICIENCY.—Section year 2020. Treasury not otherwise appropriated,
6211(b)(4)(A) of the Internal Revenue Code of (B) ALTERNATIVE ALLOCATION.—The term $500,000,000, to remain available until ex-
1986 is amended by striking ‘‘6428, and 6428A’’ ‘‘alternative allocation’’ means an allocation pended, to be used for the evaluation of the
and inserting ‘‘6428, 6428A, and 6428B’’. to each State, territory, or locality cal- continued performance, safety, and effective-

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(2) CONFORMING AMENDMENTS.— culated using the percentage derived from ness, including with respect to emerging
(A) Paragraph (2) of section 1324(b) of title the allocation received by such State, terri- COVID–19 variants, of vaccines, therapeutics,
31, United States Code, is amended by insert- tory, or locality of the aggregate amount of and diagnostics approved, cleared, licensed,
ing ‘‘6428B,’’ after ‘‘6428A,’’. fiscal year 2020 Public Health Emergency or authorized for use for the treatment, pre-
(B) The table of sections for subchapter B Preparedness cooperative agreement awards vention, or diagnosis of COVID–19; facilita-
of chapter 65 of the Internal Revenue Code of under section 319C–1 of the Public Health tion of advanced continuous manufacturing
1986 is amended by inserting after the item Service Act (42 U.S.C. 247d–3a). activities related to production of vaccines

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1331
and related materials; facilitation and con- (7) to cover administrative and program ury not otherwise appropriated, $1,500,000,000,
duct of inspections related to the manufac- support costs necessary to conduct activities to remain available until expended, for car-
turing of vaccines, therapeutics, and devices related to subparagraph (a). rying out subpart I of part B of title XIX of
delayed or cancelled for reasons related to SEC. 4102. FUNDING FOR SARS–COV–2 GENOMIC the Public Health Service Act (42 U.S.C. 300x
COVID–19; review of devices authorized for SEQUENCING AND SURVEILLANCE. et seq.), subpart III of part B of title XIX of
use for the treatment, prevention, or diag- (a) IN GENERAL.—In addition to amounts such Act (42 U.S.C. 300x–51 et seq.), and sec-
nosis of COVID–19; and oversight of the sup- otherwise available, there is appropriated to tion 505(c) of such Act (42 U.S.C. 290aa–4(c))
ply chain and mitigation of shortages of vac- the Secretary for fiscal year 2021 out of any with respect to mental health. Notwith-
cines, therapeutics, and devices approved, money in the Treasury not otherwise appro- standing section 1952 of the Public Health
cleared, licensed, or authorized for use for priated, $1,750,000,000, to remain available Service Act (42 U.S.C. 300x–62), any amount
the treatment, prevention, or diagnosis of until expended, to strengthen and expand ac- awarded to a State out of amounts appro-
COVID–19 by the Food and Drug Administra- tivities and workforce related to genomic se- priated by this section shall be expended by
tion. quencing, analytics, and disease surveil- the State by September 30, 2025.
lance. SEC. 4302. FUNDING FOR BLOCK GRANTS FOR
Subtitle B—Testing (b) USE OF FUNDS.—From amounts appro- PREVENTION AND TREATMENT OF
SEC. 4101. FUNDING FOR COVID–19 TESTING, priated by subsection (a), the Secretary, act- SUBSTANCE ABUSE.
CONTACT TRACING, AND MITIGA- ing through the Director of the Centers for In addition to amounts otherwise avail-
TION ACTIVITIES. Disease Control and Prevention, shall— able, there is appropriated to the Secretary
(a) IN GENERAL.—In addition to amounts (1) conduct, expand, and improve activities for fiscal year 2021, out of any money in the
otherwise available, there is appropriated to to sequence genomes, identify mutations, Treasury not otherwise appropriated,
and survey the circulation and transmission $1,500,000,000, to remain available until ex-
the Secretary of Health and Human Services
of viruses and other organisms, including pended, for carrying out subpart II of part B
(in this subtitle referred to as the ‘‘Sec-
strains of SARS–CoV–2; of title XIX of the Public Health Service Act
retary’’) for fiscal year 2021, out of any
(2) award grants or cooperative agreements (42 U.S.C. 300x–21 et seq.), subpart III of part
money in the Treasury not otherwise appro-
to State, local, Tribal, or territorial public B of title XIX of such Act (42 U.S.C. 300x–51
priated, $47,800,000,000, to remain available
health departments or public health labora- et seq.), section 505(d) of such Act (42 U.S.C.
until expended, to carry out activities to de-
tories— 290aa–4(d)) with respect to substance abuse,
tect, diagnose, trace, and monitor SARS–
(A) to increase their capacity to sequence and section 515(d) of such Act (42 U.S.C.
CoV–2 and COVID–19 infections and related
genomes of circulating strains of viruses and 290bb–21(d)). Notwithstanding section 1952 of
strategies to mitigate the spread of COVID–
other organisms, including SARS–CoV–2; the Public Health Service Act (42 U.S.C.
19.
(B) to identify mutations in viruses and 300x–62), any amount awarded to a State out
(b) USE OF FUNDS.—From amounts appro- of amounts appropriated by this section
priated by subsection (a), the Secretary other organisms, including SARS–CoV–2;
(C) to use genomic sequencing to identify shall be expended by the State by September
shall— 30, 2025.
(1) implement a national, evidence-based outbreaks and clusters of diseases or infec-
tions, including COVID–19; and SEC. 4303. FUNDING FOR MENTAL HEALTH AND
strategy for testing, contact tracing, surveil- SUBSTANCE USE DISORDER TRAIN-
lance, and mitigation with respect to SARS– (D) to develop effective disease response
ING FOR HEALTH CARE PROFES-
CoV–2 and COVID–19, including through ac- strategies based on genomic sequencing and SIONALS, PARAPROFESSIONALS,
tivities authorized under section 319(a) of the surveillance data; AND PUBLIC SAFETY OFFICERS.
Public Health Service Act; (3) enhance and expand the informatics ca- (a) IN GENERAL.—In addition to amounts
(2) provide technical assistance, guidance, pabilities of the public health workforce; and otherwise available, there is appropriated to
and support, and award grants or cooperative (4) award grants for the construction, al- the Secretary for fiscal year 2021, out of any
agreements to State, local, and territorial teration, or renovation of facilities to im- money in the Treasury not otherwise appro-
public health departments for activities to prove genomic sequencing and surveillance priated, $80,000,000, to remain available until
detect, diagnose, trace, and monitor SARS– capabilities at the State and local level. expended, for the purpose described in sub-
CoV–2 and COVID–19 infections and related SEC. 4103. FUNDING FOR DATA MODERNIZATION section (b).
AND FORECASTING CENTER. (b) USE OF FUNDING.—The Secretary, act-
strategies and activities to mitigate the
spread of COVID–19; In addition to amounts otherwise avail- ing through the Administrator of the Health
(3) support the development, manufac- able, there is appropriated to the Secretary Resources and Services Administration,
turing, procurement, distribution, and ad- for fiscal year 2021, out of any money in the shall, taking into consideration the needs of
ministration of tests to detect or diagnose Treasury not otherwise appropriated, rural and medically underserved commu-
SARS–CoV–2 and COVID–19, including $500,000,000, to remain available until ex- nities, use amounts appropriated by sub-
through— pended, for activities to be conducted acting section (a) to award grants or contracts to
(A) support for the development, manufac- through the Director of the Centers for Dis- health professions schools, academic health
ture, procurement, and distribution of sup- ease Control and Prevention to support pub- centers, State or local governments, Indian
plies necessary for administering tests, such lic health data surveillance and analytics in- Tribes and Tribal organizations, or other ap-
as personal protective equipment; and frastructure modernization initiatives at the propriate public or private nonprofit entities
(B) support for the acquisition, construc- Centers for Disease Control and Prevention, (or consortia of entities, including entities
tion, alteration, or renovation of non-feder- and establish, expand, and maintain efforts promoting multidisciplinary approaches), to
ally owned facilities for the production of to modernize the United States disease warn- plan, develop, operate, or participate in
diagnostics and ancillary medical products ing system to forecast and track hotspots for health professions and nursing training ac-
and supplies where the Secretary determines COVID–19, its variants, and emerging bio- tivities for health care students, residents,
that such an investment is necessary to en- logical threats, including academic and professionals, paraprofessionals, trainees,
sure the production of sufficient amounts of workforce support for analytics and and public safety officers, and employers of
such supplies; informatics infrastructure and data collec- such individuals, in evidence-informed strat-
(4) establish and expand Federal, State, tion systems. egies for reducing and addressing suicide,
local, and territorial testing and contact Subtitle C—Strategic National Stockpile burnout, mental health conditions, and sub-
tracing capabilities, including— SEC. 4201. FUNDING FOR THE STRATEGIC NA- stance use disorders among health care pro-
(A) through investments in laboratory ca- TIONAL STOCKPILE. fessionals.
pacity, such as— In addition to amounts otherwise avail- SEC. 4304.FUNDING FOR EDUCATION AND
(i) academic and research laboratories, or able, there is appropriated to the Secretary AWARENESS CAMPAIGN ENCOUR-
of Health and Human Services for fiscal year AGING HEALTHY WORK CONDITIONS
other laboratories that could be used for
AND USE OF MENTAL HEALTH AND
processing of COVID–19 testing; 2021, out of any money in the Treasury not
SUBSTANCE USE DISORDER SERV-
(ii) community-based testing sites and otherwise appropriated, $15,000,000,000, to re- ICES BY HEALTH CARE PROFES-
community-based organizations; or main available until expended, for mainte- SIONALS.
(iii) mobile health units, particularly in nance of the Strategic National Stockpile (a) IN GENERAL.—In addition to amounts
medically underserved areas; and under section 319F–2(a) of the Public Health otherwise available, there is appropriated to
(B) with respect to quarantine and isola- Service Act (42 U.S.C. 247d–6b). the Secretary for fiscal year 2021, out of any
tion of contacts; Subtitle D—Mental Health and Substance money in the Treasury not otherwise appro-
(5) enhance information technology, data Abuse Disorder priated, $20,000,000, to remain available until
modernization, and reporting, including im- SEC. 4301. FUNDING FOR BLOCK GRANTS FOR expended, for the purpose described in sub-

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provements necessary to support sharing of COMMUNITY MENTAL HEALTH SERV- section (b).
data related to public health capabilities; ICES. (b) USE OF FUNDS.—The Secretary, acting
(6) award grants to, or enter into coopera- In addition to amounts otherwise avail- through the Director of the Centers for Dis-
tive agreements or contracts with, State, able, there is appropriated to the Secretary ease Control and Prevention and in consulta-
local, and territorial public health depart- of Health and Human Services (in this sub- tion with the medical professional commu-
ments to establish, expand, and sustain a title referred to as the ‘‘Secretary’’) for fis- nity, shall use amounts appropriated by sub-
public health workforce; and cal year 2021, out of any money in the Treas- section (a) to carry out a national evidence-

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S1332 CONGRESSIONAL RECORD — SENATE March 5, 2021
based education and awareness campaign di- 32) with respect to advancing wellness and ment of Education for fiscal year 2021, out of
rected at health care professionals and first resiliency in education. any money in the Treasury not otherwise ap-
responders (such as emergency medical serv- SEC. 4310. FUNDING FOR YOUTH SUICIDE PRE- propriated, $1,000,000,000, to remain available
ice providers), and employers of such profes- VENTION. through September 30, 2022, to provide sup-
sionals and first responders. Such awareness In addition to amounts otherwise avail- plemental Emergency Education Relief
campaign shall— able, there is appropriated to the Secretary grants to the Governors of each State for
(1) encourage primary prevention of men- for fiscal year 2021, out of any money in the emergency assistance to non-public schools
tal health conditions and substance use dis- Treasury not otherwise appropriated, in accordance with the same terms and con-
orders and secondary and tertiary prevention $20,000,000, to remain available until ex- ditions that apply to funds provided under
by encouraging health care professionals to pended, for carrying out sections 520E and section 312(d) of division M of the Consoli-
seek support and treatment for their own 520E–2 of the Public Health Service Act (42 dated Appropriations Act, 2021 (Public Law
mental health and substance use concerns; U.S.C. 290bb–36, 290bb–36b). 116–260).
(2) help such professionals to identify risk SEC. 4311. FUNDING FOR BEHAVIORAL HEALTH Subtitle F—Child Care
factors in themselves and others and respond WORKFORCE EDUCATION AND SEC. 4501.
CHILD CARE AND DEVELOPMENT
to such risks; TRAINING. BLOCK GRANT PROGRAM.
(3) include information on reducing or pre- In addition to amounts otherwise avail- (a) CHILD CARE AND DEVELOPMENT BLOCK
venting suicide, substance use disorders, able, there is appropriated to the Secretary GRANT FUNDING.—In addition to amounts
burnout, and other mental health conditions, for fiscal year 2021, out of any money in the otherwise available, there is appropriated for
and addressing stigma associated with seek- Treasury not otherwise appropriated, fiscal year 2021, out of any amounts in the
ing mental health and substance use disorder $100,000,000, to remain available until ex- Treasury not otherwise appropriated,
support and treatment; and pended, for carrying out section 756 of the $20,000,000,000, to remain available through
(4) consider the needs of rural and medi- Public Health Service Act (42 U.S.C. 294e–1). September 30, 2021, to carry out the program
cally underserved communities. SEC. 4312. FUNDING FOR PEDIATRIC MENTAL authorized under section 658C of the Child
SEC. 4305. FUNDING FOR GRANTS FOR HEALTH HEALTH CARE ACCESS. Care and Development Block Grant Act of
CARE PROVIDERS TO PROMOTE In addition to amounts otherwise avail- 1990 (42 U.S.C. 9858a) without regard to the
MENTAL HEALTH AMONG THEIR able, there is appropriated to the Secretary requirements in subparagraph (D) or (E) of
HEALTH PROFESSIONAL WORK- for fiscal year 2021, out of any money in the section 658E(c)(3) or section 658G of such Act
FORCE. Treasury not otherwise appropriated, (42 U.S.C. 9858c(c)(3), 9858e). Payments made
(a) IN GENERAL.—In addition to amounts $80,000,000, to remain available until ex- to States, territories, Indian Tribes, and
otherwise available, there is appropriated to pended, for carrying out section 330M of the Tribal organizations from funds made avail-
the Secretary for fiscal year 2021, out of any Public Health Service Act (42 U.S.C. 254c–19). able under this subsection shall be obligated
money in the Treasury not otherwise appro- SEC. 4313. FUNDING FOR EXPANSION GRANTS in fiscal year 2021.
priated, $40,000,000, to remain available until FOR CERTIFIED COMMUNITY BE- (b) USE OF FUNDS.—States may use funds
expended, for the purpose described in sub- HAVIORAL HEALTH CLINICS. made available under subsection (a)—
section (b). In addition to amounts otherwise avail- (1) to provide financial assistance to eligi-
(b) USE OF FUNDS.—The Secretary, acting able, there is appropriated to the Secretary, ble child care providers under section 658P(6)
through the Administrator of the Health Re- acting through the Assistant Secretary for of such Act (42 U.S.C. 9858n(6)) in the case of
sources and Services Administration, shall, Mental Health and Substance Use, for fiscal decreased attendance or closures related to
taking into consideration the needs of rural year 2021, out of any money in the Treasury coronavirus, and to assure the providers are
and medically underserved communities, use not otherwise appropriated, $420,000,000, to able to remain open or reopen as appropriate
amounts appropriated by subsection (a) to remain available until expended, for grants and applicable, including financial assist-
award grants or contracts to entities pro- to communities and community organiza- ance for fixed costs and increased operating
viding health care, including health care pro- tions that meet the criteria for Certified expenses;
viders associations and Federally qualified Community Behavioral Health Clinics pursu- (2) to stabilize the child care sector to help
health centers, to establish, enhance, or ex- ant to section 223(a) of the Protecting Access providers afford increased operating ex-
pand evidence-informed programs or proto- to Medicare Act of 2014 (42 U.S.C. 1396a note). penses during the COVID–19 public health
cols to promote mental health among their Subtitle E—Schools emergency;
providers, other personnel, and members. (3) to provide technical assistance to help
SEC. 4401. ELEMENTARY AND SECONDARY
SEC. 4306. FUNDING FOR COMMUNITY-BASED SCHOOL EMERGENCY RELIEF FUND. providers apply for funding available for pur-
LOCAL SUBSTANCE USE DISORDER poses described in paragraph (1), (2), or (5),
SERVICES.
(a) IN GENERAL.—In addition to amounts
otherwise available, there is appropriated to including center-based child care providers,
In addition to amounts otherwise avail- family child care providers, and group home
the Department of Education for fiscal year
able, there is appropriated to the Secretary child care providers;
2021, out of any money in the Treasury not
for fiscal year 2021, out of any money in the (4) to provide child care assistance to
otherwise appropriated, $19,000,000,000, to re-
Treasury not otherwise appropriated, health care sector employees, emergency re-
main available through September 30, 2022,
$30,000,000, to support community-based local sponders, sanitation workers, farmworkers,
for providing grants to States in accordance
substance use disorder services, to remain and other workers determined by a public of-
with the same terms and conditions that
available until expended, as authorized in ficial to be essential during the response to
apply to the Elementary and Secondary
section 547 of the Public Health Service Act. coronavirus, without regard to the income
School Emergency Relief Fund of the Edu-
SEC. 4307. FUNDING FOR SUICIDE PREVENTION. eligibility requirements of section 658P(4) of
cation Stabilization Fund for funding appro-
In addition to amounts otherwise avail- priated for fiscal year 2021, except that a the Child Care and Development Block Grant
able, there is appropriated to the Secretary State that receives a grant under this sec- Act of 1990 (42 U.S.C. 9858n(4)); and
for fiscal year 2021, out of any money in the tion shall use— (5) to provide relief from copayments and
Treasury not otherwise appropriated, (1) not less than 95 percent of such grant tuition payments for families, and for paying
$50,000,000, to remain available until ex- for subgrants to local educational agencies that portion of an eligible child care pro-
pended, for carrying out section 520E-3 of the that— vider’s cost ordinarily paid through family
Public Health Service Act. (A) by April 1, 2021, provide in-person in- copayments.
SEC. 4308. FUNDING FOR THE NATIONAL CHILD struction for not less than 50 percent of the (c) SPECIAL RULE.—States, territories, In-
TRAUMATIC STRESS NETWORK. students served by such agency where the dian Tribes, and Tribal organizations that
In addition to amounts otherwise avail- students physically attend and are taught by receive funds made available under sub-
able, there is appropriated to the Secretary teachers in a school not less than 50 percent section (a) shall use a portion of the funds to
for fiscal year 2021, out of any money in the of each school week, as it was defined by the provide assistance to eligible child care pro-
Treasury not otherwise appropriated, local educational agency prior to the viders under section 658P(6) of such Act (42
$10,000,000, to remain available until ex- coronavirus emergency; and U.S.C. 9858n(6)) that were not receiving child
pended, for carrying out section 582 of the (B) on and after April 1, 2021, provide in- care assistance under such Act (42 U.S.C. 9857
Public Health Service Act (42 U.S.C. 290hh–1) person instruction in accordance with the re- et seq.) prior to the COVID–19 public health
with respect to addressing the problem of quirements of (1), to the greatest extent emergency, to maintain or resume the oper-
high-risk or medically underserved persons practicable, for the 2020–2021 and 2021–2022 ation of child care programs, including as-
who experience violence-related stress. academic years; and sistance for fixed costs and increased oper-
SEC. 4309. FUNDING FOR PROJECT AWARE. (2) not more than 5 percent of such grant ating expenses.

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In addition to amounts otherwise avail- to carry out, directly or through grants or Subtitle G—Restrictions on the Use of Funds
able, there is appropriated to the Secretary contacts, activities to support the safe re- SEC. 4701. APPLICATION OF PROVISIONS.
for fiscal year 2021, out of any money in the opening of schools. Amounts appropriated pursuant to this
Treasury not otherwise appropriated, SEC. 4402. EMERGENCY ASSISTANCE TO NON- title for fiscal year 2021 shall be subject to
$30,000,000, to remain available until ex- PUBLIC SCHOOLS. the requirements contained in Public Law
pended, for carrying out section 520A of the In addition to amounts otherwise avail- 116–94 for funds for programs authorized
Public Health Service Act (42 U.S.C. 290bb– able, there is appropriated to the Depart- under sections 330 through 340 of the Public

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1333
Health Service Act (42 U.S.C. 254b through title II of S. Con. Res. 5; which was or- provide for reconciliation pursuant to
256). dered to lie on the table; as follows: title II of S. Con. Res. 5; which was or-
TITLE V—COMMITTEE ON HOMELAND Beginning on page 288, strike line 14 and dered to lie on the table; as follows:
SECURITY AND GOVERNMENTAL AFFAIRS all that follows through page 289, line 22, and On page 278, beginning on line 18, strike
SEC. 5001. FEDERAL EMERGENCY MANAGEMENT insert the following: ‘‘not more’’ and all that follows through the
AGENCY APPROPRIATION. (f) LIMITATION.—Not more than 35,000 eligi- period on line 22 and insert the following:
In addition to amounts otherwise avail- ble veterans may receive retraining assist- ‘‘not less than $5,000,000,000 shall be available
able, there is appropriated to the Federal ance under this section. pursuant to section 1703 of title 38, United
Emergency Management Agency for fiscal (g) TERMINATION.—No retraining assistance States Code, for health care furnished
year 2021, out of any money in the Treasury may be paid under this section after the date through the Veterans Community Care pro-
not otherwise appropriated, $30,000,000,000, to that is 21 months after the date of the enact- gram in sections 1703(c)(1) and 1703(c)(5) of
remain available until September 30, 2025, for ment of this Act. such title, and not less than $1,250,000,000
major disasters declared pursuant to the (h) FUNDING.—In addition to amounts oth- shall be available for construction under
Robert T. Stafford Disaster Relief and Emer- erwise available, there is appropriated to the chapter 81 of such title.’’
gency Assistance Act (42 U.S.C. 5121 et seq.). Department of Veterans Affairs for fiscal
SEC. 5002. SMALL PROVIDER MEDICAL SUPPLIES year 2021, out of any money in the Treasury
SA 1155. Mr. SCOTT, of South Caro-
FUND. not otherwise appropriated, $770,000,000 to re-
In addition to amounts otherwise avail- main available until expended, to carry out lina (for himself and Ms. LUMMIS) sub-
able, there is appropriated to the Federal this section. mitted an amendment intended to be
Emergency Management Agency for fiscal SEC. 8007. PROHIBITION ON COPAYMENTS AND proposed to amendment SA 891 pro-
year 2021, out of any money in the Treasury COST SHARING FOR VETERANS DUR- posed by Mr. SCHUMER (for himself, Mr.
not otherwise appropriated, $5,000,000,000, to ING EMERGENCY RELATING TO WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
remain available until September 30, 2022, to COVID–19.
PETERS, Mr. CARDIN, Ms. CANTWELL,
establish a Small Provider Medical Supplies (a) IN GENERAL.—The Secretary of Vet-
erans Affairs— Ms. STABENOW, Mr. TESTER, Mr.
Fund to provide personal protective equip-
(1) shall provide for any copayment or MENENDEZ, Mr. SCHATZ, Mr. CARPER,
ment for first responders and health care
providers, to prevent the transmission of other cost sharing with respect to health Mr. LEAHY, and Mr. SANDERS) to the
SARS-CoV-2 and COVID–19. care under the laws administered by the Sec- bill H.R. 1319, to provide for reconcili-
TITLE VI—COMMITTEE ON SMALL retary received by a veteran during the pe- ation pursuant to title II of S. Con.
BUSINESS AND ENTREPRENEURSHIP riod specified in subsection (b); and Res. 5; which was ordered to lie on the
(2) shall reimburse any veteran who paid a table; as follows:
SEC. 6001. ADDITIONAL APPROPRIATIONS FOR
copayment or other cost sharing for health
PAYCHECK PROTECTION PROGRAM, At the end of subtitle C of title III, add the
SECOND DRAW, AND ECONOMIC IN- care under the laws administered by the Sec-
following:
JURY DISASTER LOANS. retary received by a veteran during such pe-
SEC. 3302. ELIGIBILITY OF FINANCIAL INSTITU-
(a) PAYCHECK PROTECTION PROGRAM AND riod the amount paid by the veteran.
TIONS.
SECOND DRAW LOANS.— (b) PERIOD SPECIFIED.—The period specified
in this subsection is the period beginning on Section 3002(5) of the State Small Business
(1) COMMITMENT AUTHORITY.—Section Credit Initiative Act of 2010 (12 U.S.C. 5701(5))
1102(b)(1) of the CARES Act (Public Law 116– April 6, 2020, and ending on September 30,
2021. is amended—
136) is amended— (1) by striking ‘‘means any insured’’ and
(A) by striking ‘‘March 31, 2021’’ and insert- (c) FUNDING.—In addition to amounts oth-
erwise available, there is appropriated to the inserting the following: ‘‘means—
ing ‘‘June 30, 2021’’; and ‘‘(A) any insured’’;
(B) by striking ‘‘$804,450,000,000’’ and in- Secretary of Veterans Affairs for fiscal year
2021, out of any money in the Treasury not (2) in subparagraph (A), as so designated,
serting ‘‘$844,445,000,000’’. by striking the period at the end and insert-
(2) DIRECT APPROPRIATIONS.—There is ap- otherwise appropriated, $614,000,000,
ing ‘‘; and’’; and
propriated, out of amounts in the Treasury (3) by adding at the end the following:
not otherwise appropriated, for the fiscal
SA 1153. Mr. MORAN submitted an
‘‘(B) any lender authorized to make a cov-
year ending September 30, 2021, to remain amendment intended to be proposed to
ered loan under section 7(a)(36) of the Small
available until expended, for additional amendment SA 891 proposed by Mr. Business Act (15 U.S.C. 636(a)(36)).’’.
amounts, $39,995,000,000 under the heading SCHUMER (for himself, Mr. WYDEN, Mrs.
‘‘Small Business Administration—Business MURRAY, Mr. BROWN, Mr. PETERS, Mr. SA 1156. Mr. RISCH submitted an
Loans Program Account, CARES Act’’, for CARDIN, Ms. CANTWELL, Ms. STABENOW, amendment intended to be proposed to
the cost of guaranteed loans as authorized Mr. TESTER, Mr. MENENDEZ, Mr. amendment SA 891 proposed by Mr.
under paragraph (36) or (37) of section 7(a) of SCHATZ, Mr. CARPER, Mr. LEAHY, and
the Small Business Act (15 U.S.C. 636(a)).
SCHUMER (for himself, Mr. WYDEN, Mrs.
(b) DIRECT APPROPRIATIONS FOR OIG AUDITS Mr. SANDERS) to the bill H.R. 1319, to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
AND INVESTIGATIONS.—There is appropriated provide for reconciliation pursuant to CARDIN, Ms. CANTWELL, Ms. STABENOW,
to the Office of Inspector General of the title II of S. Con. Res. 5; which was or- Mr. TESTER, Mr. MENENDEZ, Mr.
Small Business Administration, out of dered to lie on the table; as follows: SCHATZ, Mr. CARPER, Mr. LEAHY, and
amounts in the Treasury not otherwise ap- At the end of title VIII, add the following: Mr. SANDERS) to the bill H.R. 1319, to
propriated, for the fiscal year ending Sep- SEC. 8lll. FUNDING FOR COMMUNITY-BASED provide for reconciliation pursuant to
tember 30, 2021, to remain available until ex- GRANT PROGRAM TO PREVENT SUI- title II of S. Con. Res. 5; which was or-
pended, for additional amounts, $5,000,000 for CIDE.
audits and investigations related to loans dered to lie on the table; as follows:
(a) IN GENERAL.—In addition to amounts
made under paragraph (36) or (37) of section otherwise made available, there is appro- In section 2202(d)(1), insert at the end the
7(a) of the Small Business Act (15 U.S.C. priated for fiscal year 2021, out of any money following:
636(a)). in the Treasury not otherwise appropriated, (B) RURAL INITIATIVES.—A lead agency for
(c) EIDL.—There is appropriated to the Ad- $51,000,000, to remain available until Sep- a State that receives a child care stabiliza-
ministrator of the Small Business Adminis- tember 30, 2023, for the community-based tion grant pursuant to subsection (c) shall
tration, out of amounts in the Treasury not grant program under section 201 of the Com- reserve not more than 5 percent of such
otherwise appropriated, for the fiscal year mander John Scott Hannon Veterans Mental grant funds for rural child care initiatives.
ending September 30, 2021, to remain avail- Health Care Improvement Act of 2019 (Public The reserved funds may be used, notwith-
able until expended, for additional amounts, Law 116–171; 38 U.S.C. 1720F note). standing any other provision of this section,
$10,000,000,000 for loans made under section (b) REDUCTION IN AMOUNT FOR CLAIMS AND for supporting startup costs for new eligible
7(b)(2) of the Small Business Act (15 U.S.C. APPEALS PROCESSING.—The amount appro- child care providers in rural communities,
636(b)(2)). priated by section 8001 is hereby reduced by supporting family child care providers in
$122,000,000. rural communities to increase capacity, ex-
SA 1152. Mr. MORAN submitted an tending hours of eligible child care providers
amendment intended to be proposed to SA 1154. Mr. MORAN (for himself and to offer care during nontraditional hours in
amendment SA 891 proposed by Mr. Mr. TILLIS) proposed an amendment to rural communities, partnering with busi-
nesses in rural communities to develop child
SCHUMER (for himself, Mr. WYDEN, Mrs. amendment SA 891 proposed by Mr.

ctelli on DSK11ZRN23PROD with SENATE
care options for the children of their employ-
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs. ees, and recruiting new eligible child care
CARDIN, Ms. CANTWELL, Ms. STABENOW, MURRAY, Mr. BROWN, Mr. PETERS, Mr. providers to serve rural communities.
Mr. TESTER, Mr. MENENDEZ, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHATZ, Mr. CARPER, Mr. LEAHY, and Mr. TESTER, Mr. MENENDEZ, Mr. SA 1157. Mr. BRAUN submitted an
Mr. SANDERS) to the bill H.R. 1319, to SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment intended to be proposed to
provide for reconciliation pursuant to Mr. SANDERS) to the bill H.R. 1319, to amendment SA 891 proposed by Mr.

VerDate Sep 11 2014 09:39 Mar 07, 2021 Jkt 019060 PO 00000 Frm 00117 Fmt 0637 Sfmt 0634 E:\CR\FM\A05MR6.159 S05MRPT1
S1334 CONGRESSIONAL RECORD — SENATE March 5, 2021
SCHUMER (for himself, Mr. WYDEN, Mrs. In section 7301(b)(5) of the Act, strike of Health and Human Services for fiscal year
MURRAY, Mr. BROWN, Mr. PETERS, Mr. ‘‘$10,000,000’’ and insert ‘‘$5,000,000, to remain 2021, out of any money in the Treasury not
CARDIN, Ms. CANTWELL, Ms. STABENOW, available until September 30, 2022,’’. otherwise appropriated, $4,000,000, for car-
In section 9031 of the Act, strike rying out the established pilot program of
Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘$8,000,000, to remain available until ex- the National Institutes of Health to support
SCHATZ, Mr. CARPER, Mr. LEAHY, and pended’’ and insert ‘‘$4,000,000, to remain research and development efforts with Israel
Mr. SANDERS) to the bill H.R. 1319, to available until September 30, 2022’’. on COVID–19.
provide for reconciliation pursuant to In section 403(c)(2) of the Social Security SEC. 2023. NATIONAL ENDOWMENT FOR THE HU-
title II of S. Con. Res. 5; which was or- Act, as added by section 9201 of the Act, MANITIES.
dered to lie on the table; as follows: strike ‘‘$2,000,000’’ and insert ‘‘$1,000,000, In addition to amounts otherwise avail-
which shall remain available until Sep- able, there is appropriated for fiscal year
At the appropriate place, insert the fol- tember 30, 2022,’’.
lowing: 2021, out of any money in the Treasury not
In section 403(c)(6)(B) of the Social Secu-
In section 1002(c) of the Act, strike ‘‘3 per- otherwise appropriated, $131,000,000,
rity Act, as added by section 9201 of the Act,
cent’’ and insert ‘‘1.5 percent, which shall re- strike ‘‘15 percent’’ and insert ‘‘7.5 percent,
main available until September 30, 2022’’. SA 1160. Mrs. BLACKBURN sub-
which shall remain available until Sep-
In section 1003 of the Act, strike tember 30, 2022,’’ mitted an amendment intended to be
‘‘$47,500,000, to remain available until ex- In section 9501(a)(10) of the Act, strike proposed to amendment SA 891 pro-
pended’’ and insert ‘‘$23,750,000, to remain ‘‘$10,000,000, to remain available until ex- posed by Mr. SCHUMER (for himself, Mr.
available until September 30, 2022’’. pended’’ and insert ‘‘$5,000,000, to remain WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
In section 1101(b)(1) of the Act, strike available until September 30, 2022’’. PETERS, Mr. CARDIN, Ms. CANTWELL,
‘‘$15,000,000’’ and insert ‘‘$7,500,000, to remain In section 9601(d)(1) of the Act, strike
available until September 30, 2022,’’. Ms. STABENOW, Mr. TESTER, Mr.
‘‘$1,464,500,000 to remain available until Sep-
In section 2011 of the Act, strike tember 30, 2023’’ and insert ‘‘$732,250,000, to MENENDEZ, Mr. SCHATZ, Mr. CARPER,
‘‘$15,000,000, to remain available through remain available until September 30, 2022,’’. Mr. LEAHY, and Mr. SANDERS) to the
September 30, 2024’’ and insert ‘‘$7,500,000, to In section 9601(d)(3) of the Act, strike bill H.R. 1319, to provide for reconcili-
remain available until September 30, 2022’’. ‘‘$8,000,000 to remain available until Sep- ation pursuant to title II of S. Con.
In section 2201(b) of the Act, strike tember 30, 2023’’ and insert ‘‘$4,000,000, to re- Res. 5; which was ordered to lie on the
‘‘$35,000,000, to remain available through main available until September 30, 2022’’. table; as follows:
September 30, 2025’’ and insert ‘‘$17,500,000, to In section 11003(a)(4) of the Act, strike
remain available until September 30, 2022’’. ‘‘$5,000,000’’ and insert ‘‘$2,500,000, to remain Strike section 10005.
In section 2204(e) of the Act, strike available until September 30, 2022,’’.
‘‘$2,500,000 for fiscal year 2021, to remain SA 1161. Mr. CASSIDY (for himself,
available until expended,’’ and insert SA 1158. Mrs. BLACKBURN sub- Mr. SCOTT, of South Carolina, and Mr.
‘‘$1,250,000 for fiscal year 2021, to remain mitted an amendment intended to be TILLIS) proposed an amendment to
available until September 30, 2022’’. proposed to amendment SA 891 pro- amendment SA 891 proposed by Mr.
In section 2206(b)(6) of the Act, strike posed by Mr. SCHUMER (for himself, Mr.
‘‘$73,000,000’’ and insert ‘‘$36,500,000, to re-
SCHUMER (for himself, Mr. WYDEN, Mrs.
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
main available until September 30, 2022,’’.
In section 2206(c) of the Act, strike
PETERS, Mr. CARDIN, Ms. CANTWELL, CARDIN, Ms. CANTWELL, Ms. STABENOW,
‘‘$148,000,000, to remain available until ex- Ms. STABENOW, Mr. TESTER, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
pended’’ and insert ‘‘$74,000,000, to remain MENENDEZ, Mr. SCHATZ, Mr. CARPER, SCHATZ, Mr. CARPER, Mr. LEAHY, and
available until September 30, 2022’’. Mr. LEAHY, and Mr. SANDERS) to the Mr. SANDERS) to the bill H.R. 1319, to
In section 2904(1)(A) of the Act, strike bill H.R. 1319, to provide for reconcili- provide for reconciliation pursuant to
‘‘$6,800,000’’ and insert ‘‘$3,400,000, to remain ation pursuant to title II of S. Con. title II of S. Con. Res. 5; as follows:
available until September 30, 2022,’’. Res. 5; which was ordered to lie on the
In section 3201(a)(2)(B) of the Act, strike In section 2002 strike ‘‘that enroll a signifi-
table; as follows: cant percentage of’’ and all that follows
‘‘$30,000,000, to remain available until Sep-
tember 30, 2022,’’ and insert ‘‘$15,000,000’’. At the end of title VIII, insert the fol- through the end of the section and insert
In section 3201(a)(2)(C) of the Act, strike lowing: ‘‘under the terms and conditions of section
‘‘$3,000,000’’ and insert ‘‘$1,500,000, to remain SEC. ll. FUNDING FOR COMMUNITY-BASED 312(d) of the Coronavirus Response and Relief
GRANT PROGRAM TO IMPROVE VET- Supplemental Appropriations Act, 2021 (divi-
available until September 30, 2022,’’. ERAN RESILIENCY THROUGH THE
In section 3201(d)(1)(C) of the Act, strike sion M of Public Law 116–260).’’
PROVISION OF TRANSITION ASSIST-
‘‘15 percent’’ and insert ‘‘7.5 percent, and ANCE.
shall be available for use by the grantee (a) IN GENERAL.—In addition to amounts SA 1162. Mr. CASSIDY (for himself
through September 30, 2022,’’. otherwise made available, there is appro- and Mr. COTTON) proposed an amend-
In section 3202(c) of the Act, strike priated for fiscal year 2021, out of any money ment to amendment SA 891 proposed
‘‘$20,000,000’’ and insert ‘‘$10,000,000, which in the Treasury not otherwise appropriated, by Mr. SCHUMER (for himself, Mr.
shall remain available until September 30, $136,000,000 to remain available until Sep- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
2022,’’. tember 30, 2023, for the grant program under
In section 3205(c)(2) of the Act, strike ‘‘fif- PETERS, Mr. CARDIN, Ms. CANTWELL,
section 4304 of the Johnny Isakson and David Ms. STABENOW, Mr. TESTER, Mr.
teen percent’’ and insert ‘‘7.5 percent, and P. Roe, M.D. Veterans Health Care and Bene-
shall be available for use by the grantee MENENDEZ, Mr. SCHATZ, Mr. CARPER,
fits Improvement Act of 2020 (Public Law
through September 30, 2022,’’. 116–315). Mr. LEAHY, and Mr. SANDERS) to the
In section 3205(d)(3) of the Act, strike (b) OFFSET.—The amount appropriated bill H.R. 1319, to provide for reconcili-
‘‘$50,000,000’’ and insert ‘‘$25,000,000, which under section 8002 is hereby reduced by ation pursuant to title II of S. Con.
shall remain available until September 30, $136,000,000. Res. 5; which was ordered to lie on the
2022,’’.
In section 3206(d)(1)(A) of the Act, strike
table; as follows:
SA 1159. Mrs. BLACKBURN sub-
‘‘$40,000,000’’ and insert ‘‘$20,000,000, which On page 356, between lines 19 and 20, insert
mitted an amendment intended to be the following:
shall remain available until September 30, proposed to amendment SA 891 pro-
2022,’’. ‘‘(j) SPECIAL RULES WITH RESPECT TO PRIS-
In section 3207(b) of the Act, strike ‘‘3 per- posed by Mr. SCHUMER (for himself, Mr. ONERS.—
cent’’ and insert ‘‘1.5 percent, which shall re- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. ‘‘(1) DISALLOWANCE OF CREDIT.—
main available until September 30, 2022,’’. PETERS, Mr. CARDIN, Ms. CANTWELL, ‘‘(A) IN GENERAL.—Subject to subparagraph
In section 5006(a)(1) of the Act, strike Ms. STABENOW, Mr. TESTER, Mr. (B), no credit shall be allowed under sub-
‘‘$840,000,000’’ and insert ‘‘$420,000,000, which MENENDEZ, Mr. SCHATZ, Mr. CARPER, section (a) to an eligible individual who is,
shall remain available until September 30, Mr. LEAHY, and Mr. SANDERS) to the for each day during calendar year 2021, de-
2022,’’. scribed in clause (i), (ii), (iii), (iv), or (v) of
bill H.R. 1319, to provide for reconcili- section 202(x)(1)(A) of the Social Security
In section 6001(b) of the Act, strike ‘‘2 per-
cent’’ and insert ‘‘1 percent, which shall re- ation pursuant to title II of S. Con. Act (42 U.S.C. 402(x)(1)(A)).
main available until September 30, 2022,’’. Res. 5; which was ordered to lie on the ‘‘(B) JOINT RETURN.—In the case of eligible

ctelli on DSK11ZRN23PROD with SENATE
In section 7102(c)(1) of the Act, strike ‘‘0.1 table; as follows: individuals filing a joint return where 1
percent’’ and insert ‘‘0.05 percent, which On page 58, strike lines 4 through 7 and in- spouse is described in subparagraph (A), sub-
shall remain available until September 30, sert the following: section (b)(1) shall be applied by substituting
2022,’’. SEC. 2022. NIH RESEARCH AND DEVELOPMENT ‘$1,400’ for ‘$2,800’.
In section 7202(a) of the Act, strike ‘‘1 per- WITH ISRAEL. ‘‘(2) DENIAL OF ADVANCE REFUND OR CRED-
cent’’ and insert ‘‘0.5 percent, which shall re- In addition to amounts otherwise avail- IT.—No refund or credit shall be made or al-
main available until September 30, 2022,’’. able, there is appropriated to the Secretary lowed under subsection (g) with respect to

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1335
any individual whom the Secretary has (2) TOTAL HOURS; AMOUNT.—Paid leave Federal Emergency Management Agency for
knowledge is, at the time of any determina- under this section— fiscal year 2021, out of any money in the
tion made pursuant to paragraph (3) of such (A) shall be provided to an employee in an Treasury not otherwise appropriated,
subsection, described in clause (i), (ii), (iii), amount not to exceed 600 hours of paid leave $100,000,000, to remain available until Sep-
(iv), or (v) of section 202(x)(1)(A) of the Social for each full-time employee, and in the case tember 30, 2025, for the reimbursement of
Security Act.’’. of a part-time employee, employee on an un- purchases of personal protective equipment
common tour of duty, or employee with a made in the United States.
SA 1163. Mr. PORTMAN (for himself, seasonal work schedule, in an amount not to (b) USES.—
Mr. SCOTT, of South Carolina, and Mr. exceed the proportional equivalent of 600 (1) IN GENERAL.—Except as provided in
MORAN) submitted an amendment in- hours to the extent amounts in the Fund re- paragraph (2), ‘‘personal protective equip-
tended to be proposed to amendment main available for reimbursement; ment made in the United States’’ shall mean
SA 891 proposed by Mr. SCHUMER (for (B) shall be paid at the same hourly rate as personal protective equipment that—
himself, Mr. WYDEN, Mrs. MURRAY, Mr. other leave payments; and (A) is grown, reprocessed, reused, or pro-
(C) may not be provided to an employee if duced in the United States; and
BROWN, Mr. PETERS, Mr. CARDIN, Ms. the leave would result in payments greater (B) when assembled outside the United
CANTWELL, Ms. STABENOW, Mr. TESTER, than $2,800 in aggregate for any biweekly pay States, contains only materials and compo-
Mr. MENENDEZ, Mr. SCHATZ, Mr. CAR- period for a full-time employee, or a propor- nents that are grown, reprocessed, reused, or
PER, Mr. LEAHY, and Mr. SANDERS) to tionally equivalent biweekly limit for a produced in the United States.
the bill H.R. 1319, to provide for rec- part-time employee. (2) EXCEPTION.—Paragraph (1) shall not
onciliation pursuant to title II of S. (3) RELATIONSHIP TO OTHER LEAVE.—Paid apply to an item of personal protective
Con. Res. 5; which was ordered to lie on leave under this section— equipment, or component, or material there-
the table; as follows: (A) is in addition to any other leave pro- of—
Strike section 4001 and insert the fol- vided to an employee; (A) that is, or that includes, a material
lowing: (B) may not be used by an employee con- listed in section 25.104 of the Federal Acqui-
SEC. 4001.
EMERGENCY FEDERAL EMPLOYEE currently with any other paid leave; and sition Regulation as one for which a non-
LEAVE FUND. (C) may not be used by an employee unless availability determination has been made;
(a) ESTABLISHMENT; APPROPRIATION.—There the employee has first used other sick leave (B) as to which the Administrator of the
is established in the Treasury the Emer- available to that employee for a purpose de- Federal Emergency Management Agency de-
gency Federal Employee Leave Fund (in this scribed in subsection (b). termines that a sufficient quantity of a sat-
section referred to as the ‘‘Fund’’), to be ad- (4) CALCULATION OF RETIREMENT BENEFIT.— isfactory quality that is grown, reprocessed,
ministered by the Director of the Office of Any paid leave provided to an employee reused, or produced in the United States can-
Personnel Management, for the purposes set under this section shall reduce the total not be procured; or
forth in subsection (b). In addition to service used to calculate any Federal civil- (C) if, after maximizing to the extent fea-
amounts otherwise available, there is appro- ian retirement benefit. sible sources consistent with this paragraph,
priated for fiscal year 2021, out of any money (5) SPECIAL CONSIDERATION OF SICK LEAVE.— the Administrator of the Federal Emergency
in the Treasury not otherwise appropriated, During the period described in paragraph (1), Management Agency certifies, not less fre-
$15,000,000, which shall be deposited into the an employee may use sick leave otherwise quently than once every 120 days, that it is
Fund and remain available through Sep- accrued to the employee for any purpose de- necessary to procure personal protective
tember 30, 2022. The Fund is available for scribed in subsection (b). equipment under alternate procedures to re-
reasonable expenses incurred by the Office of (d) REOPENING SCHOOLS.—In addition to spond to the immediate needs of a public
Personnel Management in administering this amounts otherwise available, there is appro- health emergency.
section. priated to the Federal Emergency Manage- (3) REQUIREMENT.—This subsection shall be
(b) PURPOSE.—Amounts in the Fund shall ment Agency for fiscal year 2021, out of any applied in a manner consistent with United
be available for reimbursement to an agency money in the Treasury not otherwise appro- States obligations under international
for the use of paid leave under this section priated, $400,000,000, to remain available agreements.
by any employee of the agency who is unable until September 30, 2025, to carry out the
to work because the employee— purposes of the Disaster Relief Fund for the SA 1165. Mr. TUBERVILLE sub-
(1) is subject to a Federal, State, or local emergency declaration issued by the Presi-
mitted an amendment intended to be
quarantine or isolation order related to dent on March 13, 2020, pursuant to section
COVID–19; 501(b) of the Robert T. Stafford Disaster Re- proposed to amendment SA 891 pro-
(2) has been advised by a health care pro- lief and Emergency Assistance Act (42 U.S.C. posed by Mr. SCHUMER (for himself, Mr.
vider to self-quarantine due to concerns re- 5191(b)), and for any subsequent major dis- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
lated to COVID–19; aster declaration that supersedes such emer- PETERS, Mr. CARDIN, Ms. CANTWELL,
(3) is caring for an individual who is sub- gency declaration, to reimburse eligible Ms. STABENOW, Mr. TESTER, Mr.
ject to such an order or has been so advised; costs to support the safe reopening and oper- MENENDEZ, Mr. SCHATZ, Mr. CARPER,
(4) is experiencing symptoms of COVID–19 ation of schools.
(e) EMPLOYEE DEFINED.—In this section, Mr. LEAHY, and Mr. SANDERS) to the
and seeking a medical diagnosis;
(5) is caring for a son or daughter of such the term ‘‘employee’’ means— bill H.R. 1319, to provide for reconcili-
employee if the school or place of care of the (1) an individual in the executive branch ation pursuant to title II of S. Con.
son or daughter has been closed, if the school for whom annual and sick leave is provided Res. 5; which was ordered to lie on the
of such son or daughter requires or makes under subchapter I of chapter 63 of title 5, table; as follows:
optional a virtual learning instruction model United States Code; At the end of section 2301, add the fol-
or requires or makes optional a hybrid of in- (2) an individual employed by the United lowing:
person and virtual learning instruction mod- States Postal Service; (d) MINIMUM SHARE FOR CERTAIN RURAL
els, or the child care provider of such son or (3) an individual employed by the Postal AREAS.—With respect to vaccines distributed
daughter is unavailable, due to COVID–19 Regulatory Commission; and to States using funds appropriated under
precautions; (4) an employee of the Public Defender subsection (a), not less than 30 percent shall
(6) is experiencing any other substantially Service for the District of Columbia and the be distributed to States with a fiscal year
similar condition; District of Columbia Courts. 2021 nonurban area Medicare area wage index
(7) is caring for a family member with a of 0.805.
mental or physical disability or who is 55 SA 1164. Mr. PORTMAN submitted an
years of age or older and incapable of self- amendment intended to be proposed to SA 1166. Mr. TUBERVILLE sub-
care, without regard to whether another in- amendment SA 891 proposed by Mr. mitted an amendment intended to be
dividual other than the employee is avail- SCHUMER (for himself, Mr. WYDEN, Mrs. proposed to amendment SA 891 pro-
able to care for such family member, if the MURRAY, Mr. BROWN, Mr. PETERS, Mr.
place of care for such family member is
posed by Mr. SCHUMER (for himself, Mr.
CARDIN, Ms. CANTWELL, Ms. STABENOW, WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
closed or the direct care provider is unavail- Mr. TESTER, Mr. MENENDEZ, Mr.
able due to COVID–19; or PETERS, Mr. CARDIN, Ms. CANTWELL,
SCHATZ, Mr. CARPER, Mr. LEAHY, and Ms. STABENOW, Mr. TESTER, Mr.
(8) is obtaining immunization related to
Mr. SANDERS) to the bill H.R. 1319, to
COVID–19 or to recover from any injury, dis- MENENDEZ, Mr. SCHATZ, Mr. CARPER,
ability, illness, or condition related to such provide for reconciliation pursuant to
Mr. LEAHY, and Mr. SANDERS) to the

ctelli on DSK11ZRN23PROD with SENATE
immunization. title II of S. Con. Res. 5; which was or-
bill H.R. 1319, to provide for reconcili-
(c) LIMITATIONS.— dered to lie on the table; as follows:
(1) PERIOD OF AVAILABILITY.—Paid leave
ation pursuant to title II of S. Con.
At the end of title IV, add the following:
under this section may only be provided to SEC. 4lll. PERSONAL PROTECTIVE EQUIP-
Res. 5; which was ordered to lie on the
and used by an employee during the period MENT. table; as follows:
beginning on the date of enactment of this (a) FUNDING.—In addition to amounts oth- At the end of section 2401, add the fol-
Act and ending on September 30, 2021. erwise available, there is appropriated to the lowing:

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S1336 CONGRESSIONAL RECORD — SENATE March 5, 2021
(c) MINIMUM SHARE FOR CERTAIN RURAL WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. (2) shall use the remaining funds for any of
AREAS.—With respect to amounts appro- PETERS, Mr. CARDIN, Ms. CANTWELL, the following:
priated under subsection (a) and made avail- Ms. STABENOW, Mr. TESTER, Mr. (A) Any activity authorized by the Ele-
able to States to facilitate and support mentary and Secondary Education Act of
MENENDEZ, Mr. SCHATZ, Mr. CARPER,
COVID–19 testing, contract tracing, and 1965.
mitigation activities, not less than 30 per-
Mr. LEAHY, and Mr. SANDERS) to the (B) Any activity authorized by the Individ-
cent shall be provided to States with a fiscal bill H.R. 1319, to provide for reconcili- uals with Disabilities Education Act.
year 2021 nonurban area Medicare area wage ation pursuant to title II of S. Con. (C) Any activity authorized by the Adult
index of 0.805. Res. 5; which was ordered to lie on the Education and Family Literacy Act.
table; as follows: (D) Any activity authorized by the Carl D.
SA 1167. Mr. TUBERVILLE sub- In section 2001, insert the following after Perkins Career and Technical Education Act
mitted an amendment intended to be subsection (g): of 2006.
proposed to amendment SA 891 pro- (h) IN-PERSON INSTRUCTION.—Notwith- (E) Coordination of preparedness and re-
posed by Mr. SCHUMER (for himself, Mr. standing any other provision of law, a local sponse efforts of local educational agencies
educational agency shall not be eligible to with State, local, Tribal, and territorial pub-
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. lic health departments, and other relevant
receive funds appropriated for the Elemen-
PETERS, Mr. CARDIN, Ms. CANTWELL, tary and Secondary School Emergency Re- agencies, to improve coordinated responses
Ms. STABENOW, Mr. TESTER, Mr. lief Fund under this section unless that local among such entities to prevent, prepare for,
MENENDEZ, Mr. SCHATZ, Mr. CARPER, educational agency ensures that such funds and respond to coronavirus.
Mr. LEAHY, and Mr. SANDERS) to the will be used to provide assistance only to ele- (F) Providing principals and others school
bill H.R. 1319, to provide for reconcili- mentary and secondary schools served by the leaders with the resources necessary to ad-
ation pursuant to title II of S. Con. local educational agency that offer in-person dress the needs of their individual schools.
academic instruction. (G) Activities to address the unique needs
Res. 5; which was ordered to lie on the of low-income children or students, children
table; as follows: SA 1170. Mr. TUBERVILLE sub- with disabilities, English learners, racial and
On page 581, strike lines 6 through 14 and mitted an amendment intended to be ethnic minorities, students experiencing
insert the following: proposed to amendment SA 891 pro- homelessness, and foster care youth, includ-
‘‘(4) ADJUSTMENT OF ALLOCATIONS AND PAY- posed by Mr. SCHUMER (for himself, Mr. ing how outreach and service delivery will
MENT.— meet the needs of each population.
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
‘‘(A) ADJUSTMENT TO ENSURE A MINIMUM (H) Developing and implementing proce-
PAYMENT FOR RURAL STATES.—
PETERS, Mr. CARDIN, Ms. CANTWELL,
dures and systems to improve the prepared-
‘‘(i) IN GENERAL.—The Secretary shall ad- Ms. STABENOW, Mr. TESTER, Mr. ness and response efforts of local educational
just the amounts otherwise determined for MENENDEZ, Mr. SCHATZ, Mr. CARPER, agencies.
allocation and payment to States under Mr. LEAHY, and Mr. SANDERS) to the (I) Training and professional development
paragraph (3) as necessary to ensure that an bill H.R. 1319, to provide for reconcili- for staff of the local educational agency on
amount equal to 30 percent of the total ation pursuant to title II of S. Con. sanitation and minimizing the spread of in-
amount appropriated under subsection (a)(1) Res. 5; which was ordered to lie on the fectious diseases.
is paid to rural States described in clause table; as follows: (J) Purchasing supplies to sanitize and
(ii). clean the facilities of a local educational
In section 2003, add at the end the fol-
‘‘(ii) RURAL STATES DESCRIBED.—A State agency, including buildings operated by such
lowing:
described in this clause is a State for which agency.
(8) notwithstanding any other provision of
the nonurban Medicare area wage index for (K) Planning for, coordinating, and imple-
law, institutions of higher education located menting activities during long-term clo-
fiscal year 2021 does not exceed 0.805.
in States with a fiscal year 2021 nonurban sures, including providing meals to eligible
‘‘(B) PRO RATA ADJUSTMENT.—The amounts
area Medicare area wage index of 0.805 or students, providing technology for online
otherwise determined for allocation and pay-
below shall receive, at a minimum, 30 per- learning to all students, providing guidance
ment under paragraphs (1), (2), and (3) may
cent of all funds appropriated for the Higher for carrying out requirements under the
be adjusted by the Secretary on a pro rata
Education Emergency Relief Fund under this IDEA and ensuring other educational serv-
basis to the extent necessary to ensure that
section. ices can continue to be provided consistent
all available funds are distributed to terri-
tories, Tribal governments, and States in ac- with all Federal, State, and local require-
SA 1171. Mr. TUBERVILLE sub- ments.
cordance with the requirements specified in
mitted an amendment intended to be (L) Purchasing educational technology (in-
each paragraph (as applicable) and the cer-
tification requirement specified in sub- proposed to amendment SA 891 pro- cluding hardware, software, and
section (d). Any adjustment under this sub- posed by Mr. SCHUMER (for himself, Mr. connectivity) for students who are served by
paragraph shall comply with the require- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. the local educational agency that aids in
ment of subparagraph (A). PETERS, Mr. CARDIN, Ms. CANTWELL, regular and substantive educational inter-
Ms. STABENOW, Mr. TESTER, Mr. action between students and their classroom
SA 1168. Mr. TUBERVILLE sub- MENENDEZ, Mr. SCHATZ, Mr. CARPER, instructors, including low-income students
mitted an amendment intended to be and children with disabilities, which may in-
Mr. LEAHY, and Mr. SANDERS) to the clude assistive technology or adaptive equip-
proposed to amendment SA 891 pro- bill H.R. 1319, to provide for reconcili- ment.
posed by Mr. SCHUMER (for himself, Mr. ation pursuant to title II of S. Con. (M) Providing mental health services and
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Res. 5; which was ordered to lie on the supports.
PETERS, Mr. CARDIN, Ms. CANTWELL, table; as follows: (N) Planning and implementing activities
Ms. STABENOW, Mr. TESTER, Mr. Beginning on page 34, strike line 16, and all related to summer learning and supple-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, that follows through page 40, line 18, and in- mental afterschool programs, including pro-
Mr. LEAHY, and Mr. SANDERS) to the sert the following: viding classroom instruction or online learn-
bill H.R. 1319, to provide for reconcili- (e) USES OF FUNDS.—A local educational ing during the summer months and address-
ation pursuant to title II of S. Con. agency that receives funds under this sec- ing the needs of low-income students, chil-
tion— dren with disabilities, English learners, mi-
Res. 5; which was ordered to lie on the (1) shall reserve not less than 20 percent of grant students, students experiencing home-
table; as follows: such funds to, directly or through grants or lessness, and children in foster care.
In section 2001, insert the following after contracts to community-based organiza- (O) Addressing learning loss among stu-
subsection (g): tions, nonprofit organizations, and other en- dents, including low-income students, chil-
(h) IN-PERSON INSTRUCTION.—Notwith- tities, address learning loss through the im- dren with disabilities, English learners, ra-
standing any other provision of law, a local plementation of evidence-based interven- cial and ethnic minorities, students experi-
educational agency shall not be eligible to tions, such as summer learning, extended encing homelessness, and children and youth
receive funds appropriated for the Elemen- day, comprehensive afterschool programs, or in foster care, of the local educational agen-
tary and Secondary School Emergency Re- extended school year programs, and ensure cy, including by—
lief Fund under this section unless that local that such interventions respond to students’ (i) administering and using high-quality
educational agency requires teachers and academic, social, and emotional needs and assessments that are valid and reliable, to

ctelli on DSK11ZRN23PROD with SENATE
staff to return to in-person academic in- address the disproportionate impact of the accurately assess students’ academic
struction following vaccination. coronavirus on the student subgroups de- progress and assist educators in meeting stu-
scribed in section 1111(b)(2)(B)(xi)of the Ele- dents’ academic needs, including through
SA 1169. Mr. TUBERVILLE sub- mentary and Secondary Education Act of differentiating instruction;
mitted an amendment intended to be 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex- (ii) implementing evidence-based activities
proposed to amendment SA 891 pro- periencing homelessness, and children and to meet the comprehensive needs of stu-
posed by Mr. SCHUMER (for himself, Mr. youth in foster care; and dents;

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1337
(iii) providing information and assistance proposed to amendment SA 891 pro- (d) RURAL AREAS.—Not less than 30 percent
to parents and families on how they can ef- posed by Mr. SCHUMER (for himself, Mr. of the total amount of grants made under
fectively support students, including in a WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. this section shall be made to eligible entities
distance learning environment; and that are located in a State with a fiscal year
PETERS, Mr. CARDIN, Ms. CANTWELL,
(iv) tracking student attendance and im- 2021 nonurban area Medicare area wage index
proving student engagement in distance edu- Ms. STABENOW, Mr. TESTER, Mr. of 0.805 or below.
cation. MENENDEZ, Mr. SCHATZ, Mr. CARPER,
(P) School facility repairs and improve- Mr. LEAHY, and Mr. SANDERS) to the SA 1177. Mr. TUBERVILLE sub-
ments to enable operation of schools to re- bill H.R. 1319, to provide for reconcili- mitted an amendment intended to be
duce risk of virus transmission and exposure ation pursuant to title II of S. Con. proposed to amendment SA 891 pro-
to environmental health hazards, and to sup- Res. 5; which was ordered to lie on the posed by Mr. SCHUMER (for himself, Mr.
port student health needs. table; as follows: WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
(Q) Inspection, testing, maintenance, re-
pair, replacement, and upgrade projects to At the appropriate place, insert the fol- PETERS, Mr. CARDIN, Ms. CANTWELL,
improve the indoor air quality in school fa- lowing: Ms. STABENOW, Mr. TESTER, Mr.
cilities, including mechanical and non-me- SEC. ll. PERIOD OF AVAILABILITY. MENENDEZ, Mr. SCHATZ, Mr. CARPER,
chanical heating, ventilation, and air condi- Notwithstanding any other provision of Mr. LEAHY, and Mr. SANDERS) to the
tioning systems, filtering, purification and this Act, any amounts made available under bill H.R. 1319, to provide for reconcili-
other air cleaning, fans, control systems, and this Act, or an amendment made by this Act, ation pursuant to title II of S. Con.
window and door repair and replacement. shall not be available for obligation after De-
Res. 5; which was ordered to lie on the
(R) Developing strategies and imple- cember 31, 2021.
table; as follows:
menting public health protocols including,
to the greatest extent practicable, policies in SA 1174. Mr. TUBERVILLE sub- At the end of section 3201(a), add the fol-
line with guidance from the Centers for Dis- mitted an amendment intended to be lowing:
ease Control and Prevention for the reopen- (3) RURAL AREAS.—Not less than 30 percent
proposed to amendment SA 891 pro-
ing and operation of school facilities to ef- of amounts appropriated under this sub-
posed by Mr. SCHUMER (for himself, Mr. section shall be for payments made to land-
fectively maintain the health and safety of WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
students, educators, and other staff. lords operating rental housing in a State
(S) Other activities that are necessary to
PETERS, Mr. CARDIN, Ms. CANTWELL, with a fiscal year 2021 nonurban area Medi-
maintain the operation of and continuity of Ms. STABENOW, Mr. TESTER, Mr. care area wage index of 0.805 or below.
services in local educational agencies and MENENDEZ, Mr. SCHATZ, Mr. CARPER,
continuing to employ existing staff of the Mr. LEAHY, and Mr. SANDERS) to the SA 1178. Mr. TUBERVILLE sub-
local educational agency. bill H.R. 1319, to provide for reconcili- mitted an amendment intended to be
(f) STATE FUNDING.—With funds not other- ation pursuant to title II of S. Con. proposed to amendment SA 891 pro-
wise allocated under subsection (d), a State— Res. 5; which was ordered to lie on the posed by Mr. SCHUMER (for himself, Mr.
(1) shall reserve not less than 5 percent of WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
the total amount of grant funds awarded to
table; as follows:
At the end of title VIII, add the following: PETERS, Mr. CARDIN, Ms. CANTWELL,
the State under this section to carry out, di-
SEC. 8lll. ADDITIONAL FUNDING TO SUPPORT
Ms. STABENOW, Mr. TESTER, Mr.
rectly or through grants or contracts to
community-based organizations, nonprofit THE MEDICAL NEEDS OF VETERANS MENENDEZ, Mr. SCHATZ, Mr. CARPER,
organizations, and other entities, activities RELATED TO COVID–19. Mr. LEAHY, and Mr. SANDERS) to the
to address learning loss by supporting the (a) IN GENERAL.—In addition to amounts bill H.R. 1319, to provide for reconcili-
implementation of evidence-based interven- otherwise made available, there is appro- ation pursuant to title II of S. Con.
tions, such as summer learning, extended priated to the Secretary of Veterans Affairs Res. 5; which was ordered to lie on the
day, comprehensive afterschool programs, or for fiscal year 2021, out of any money in the
table; as follows:
extended school year programs, and ensure Treasury not otherwise appropriated,
$5,000,000,000, to remain available until Sep- At the end of section 3401, add the fol-
that such interventions respond to students’ lowing:
academic, social, and emotional needs and tember 30, 2023, to support the medical needs
of veterans related to COVID–19. (c) SET-ASIDE FOR RURAL STATES; EX-
address the disproportionate impact of the PANDED USE.—Notwithstanding any other
coronavirus on the student subgroups de- (b) OFFSET.—The amount appropriated by
section 602 of the Social Security Act, as provision of this section—
scribed in section 1111(b)(2)(B)(xi) of the Ele- (1) of the amounts made available under
mentary and Secondary Education Act of added by section 9901 of this Act, is hereby
reduced by $5,000,000,000. subsection (a), the Administrator of the Fed-
1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students ex- eral Transit Administration shall provide
periencing homelessness, and children and not less than 30 percent to States for which
youth in foster care, including by providing SA 1175. Mr. TUBERVILLE sub-
the nonurban Medicare area wage index for
additional support to local educational agen- mitted an amendment intended to be fiscal year 2021 does not exceed 0.805;
cies to fully address such impacts; and proposed to amendment SA 891 pro- (2) a State may use amounts provided
posed by Mr. SCHUMER (for himself, Mr. under paragraph (1) of this subsection for the
SA 1172. Mr. TUBERVILLE sub- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. purpose of repairing aging infrastructure, in-
mitted an amendment intended to be PETERS, Mr. CARDIN, Ms. CANTWELL, cluding roads and bridges; and
proposed to amendment SA 891 pro- Ms. STABENOW, Mr. TESTER, Mr. (3) the Administrator of the Federal Tran-
posed by Mr. SCHUMER (for himself, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, sit Administration shall reduce the alloca-
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Mr. LEAHY, and Mr. SANDERS) to the tions under subsection (b) on a pro rata basis
PETERS, Mr. CARDIN, Ms. CANTWELL, as necessary to comply with paragraph (1) of
bill H.R. 1319, to provide for reconcili- this subsection.
Ms. STABENOW, Mr. TESTER, Mr. ation pursuant to title II of S. Con.
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Res. 5; which was ordered to lie on the SA 1179. Mr. TUBERVILLE sub-
Mr. LEAHY, and Mr. SANDERS) to the table; as follows: mitted an amendment intended to be
bill H.R. 1319, to provide for reconcili-
Strike section 6001. proposed to amendment SA 891 pro-
ation pursuant to title II of S. Con.
posed by Mr. SCHUMER (for himself, Mr.
Res. 5; which was ordered to lie on the SA 1176. Mr. TUBERVILLE sub- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
table; as follows: mitted an amendment intended to be PETERS, Mr. CARDIN, Ms. CANTWELL,
At the end of section 5002, add the fol- proposed to amendment SA 891 pro-
lowing: Ms. STABENOW, Mr. TESTER, Mr.
(l) RURAL AREAS.—Not less than 30 per- posed by Mr. SCHUMER (for himself, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER,
cent of the total amount of payments made WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Mr. LEAHY, and Mr. SANDERS) to the
under section 1110 of the CARES Act (15 PETERS, Mr. CARDIN, Ms. CANTWELL, bill H.R. 1319, to provide for reconcili-
U.S.C. 9009), section 331 of the Economic Aid Ms. STABENOW, Mr. TESTER, Mr. ation pursuant to title II of S. Con.
to Hard-Hit Small Businesses, Nonprofits, MENENDEZ, Mr. SCHATZ, Mr. CARPER, Res. 5; which was ordered to lie on the
and Venues Act (title III of division N of Mr. LEAHY, and Mr. SANDERS) to the table; as follows:

ctelli on DSK11ZRN23PROD with SENATE
Public Law 116–260), or this section shall be bill H.R. 1319, to provide for reconcili-
made to covered entities that are located in Strike subtitle H of title IX.
ation pursuant to title II of S. Con.
a State with a fiscal year 2021 nonurban area
Medicare area wage index of 0.805 or below. Res. 5; which was ordered to lie on the SA 1180. Mr. TUBERVILLE sub-
table; as follows: mitted an amendment intended to be
SA 1173. Mr. TUBERVILLE sub- At the end of section 5003, add the fol- proposed to amendment SA 891 pro-
mitted an amendment intended to be lowing: posed by Mr. SCHUMER (for himself, Mr.

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S1338 CONGRESSIONAL RECORD — SENATE March 5, 2021
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Res. 5; which was ordered to lie on the Insert before the period at the end of sec-
PETERS, Mr. CARDIN, Ms. CANTWELL, table; as follows: tion 9813, the following: ‘‘Provided, That such
Ms. STABENOW, Mr. TESTER, Mr. $750,000,000 shall be transferred to carry out
Strike section 1005 (relating to farm loan
the amendment made by section 9819 relat-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, assistance for socially disadvantaged farm-
ing to funding for State strike teams for
Mr. LEAHY, and Mr. SANDERS) to the ers and ranchers).
resident and employee safety in nursing fa-
bill H.R. 1319, to provide for reconcili- cilities’’.
ation pursuant to title II of S. Con. SA 1184. Mr. TUBERVILLE (for him-
Res. 5; which was ordered to lie on the self, Mr. GRAHAM, and Mr. MARSHALL) SA 1187. Mr. TUBERVILLE sub-
table; as follows: submitted an amendment intended to mitted an amendment intended to be
In section 2001(c), strike the period at the
be proposed to amendment SA 891 pro- proposed to amendment SA 891 pro-
end and insert ‘‘, except that States with a posed by Mr. SCHUMER (for himself, Mr. posed by Mr. SCHUMER (for himself, Mr.
fiscal year 2021 nonurban area Medicare area WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
wage index of 0.805 or below shall receive, at PETERS, Mr. CARDIN, Ms. CANTWELL, PETERS, Mr. CARDIN, Ms. CANTWELL,
a minimum, 30 percent of all funds appro- Ms. STABENOW, Mr. TESTER, Mr. Ms. STABENOW, Mr. TESTER, Mr.
priated for the Elementary and Secondary MENENDEZ, Mr. SCHATZ, Mr. CARPER, MENENDEZ, Mr. SCHATZ, Mr. CARPER,
School Emergency Relief Fund under this Mr. LEAHY, and Mr. SANDERS) to the Mr. LEAHY, and Mr. SANDERS) to the
section.’’ bill H.R. 1319, to provide for reconcili- bill H.R. 1319, to provide for reconcili-
SA 1181. Mr. TUBERVILLE sub- ation pursuant to title II of S. Con. ation pursuant to title II of S. Con.
mitted an amendment intended to be Res. 5; which was ordered to lie on the Res. 5; which was ordered to lie on the
proposed to amendment SA 891 pro- table; as follows: table; as follows:
posed by Mr. SCHUMER (for himself, Mr. At the end of part 1 of subtitle A of title II, At the appropriate place, insert the fol-
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. add the following: lowing:
SEC. 2014. RULE REGARDING ATHLETIC PRO- At the end of subtitle A of title I, add the
PETERS, Mr. CARDIN, Ms. CANTWELL, GRAMS OR ACTIVITIES. following:
Ms. STABENOW, Mr. TESTER, Mr. As a condition of receiving funds under SEC. 1lll. RURAL BROADBAND DEVELOPMENT.
MENENDEZ, Mr. SCHATZ, Mr. CARPER, section 2001, 2002, or 2004, a State, local edu- In addition to amounts otherwise avail-
Mr. LEAHY, and Mr. SANDERS) to the cational agency, or institution of higher edu- able, there is appropriated to the Secretary
bill H.R. 1319, to provide for reconcili- cation may not permit any student whose bi- of Agriculture for fiscal year 2021, out of any
ation pursuant to title II of S. Con. ological sex (recognized based solely on a money in the Treasury not otherwise appro-
Res. 5; which was ordered to lie on the person’s reproductive biology and genetics at priated, $10,000,000,000, to remain available
birth) is male to participate in an athletic until December 31, 2022, for rural broadband
table; as follows:
program or activity that is— development.
In section 2202(c), insert at the end the fol- In subsection (a) of section 2001 (relating to
(1) administered by that State, local edu-
lowing: ‘‘Notwithstanding any other provi- elementary and secondary school emergency
cational agency, or institution of higher edu-
sion of this section, in making grants from relief fund), strike ‘‘$125,804,800,000’’ and in-
cation, as the case may be; and
allotments under this section the Secretary sert ‘‘$115,804,800,000’’.
(2) designated for women or girls.
shall ensure that the States with a fiscal
year 2021 nonurban area Medicare wage index SA 1188. Ms. MURKOWSKI submitted
of 0.805 or below receive, at a minimum, 30
SA 1185. Mr. TUBERVILLE sub-
mitted an amendment intended to be an amendment intended to be proposed
percent of the amounts appropriated to carry to amendment SA 891 proposed by Mr.
out this section.’’. proposed to amendment SA 891 pro-
posed by Mr. SCHUMER (for himself, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs.
SA 1182. Mr. TUBERVILLE sub- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr.
mitted an amendment intended to be PETERS, Mr. CARDIN, Ms. CANTWELL, CARDIN, Ms. CANTWELL, Ms. STABENOW,
proposed to amendment SA 891 pro- Ms. STABENOW, Mr. TESTER, Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
posed by Mr. SCHUMER (for himself, Mr. MENENDEZ, Mr. SCHATZ, Mr. CARPER, SCHATZ, Mr. CARPER, Mr. LEAHY, and
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Mr. LEAHY, and Mr. SANDERS) to the Mr. SANDERS) to the bill H.R. 1319, to
PETERS, Mr. CARDIN, Ms. CANTWELL, bill H.R. 1319, to provide for reconcili- provide for reconciliation pursuant to
Ms. STABENOW, Mr. TESTER, Mr. ation pursuant to title II of S. Con. title II of S. Con. Res. 5; which was or-
MENENDEZ, Mr. SCHATZ, Mr. CARPER, Res. 5; which was ordered to lie on the dered to lie on the table; as follows:
Mr. LEAHY, and Mr. SANDERS) to the table; as follows: At the end of title V, add the following:
bill H.R. 1319, to provide for reconcili- SEC. 5007. PPP AND SECOND DRAW LOANS FOR
At the end of title VIII, add the following: BUSINESSES THAT EXPERIENCED
ation pursuant to title II of S. Con. SEC. 8lll. ADDITIONAL FUNDING FOR STATE EXTREME HARDSHIP.
Res. 5; which was ordered to lie on the HOMES TO SUPPORT STATE HOMES (a) PPP.—Section 7(a)(36) of the Small
table; as follows: STRUGGLING TO ADDRESS FALLOUT
Business Act (15 U.S.C. 636(a)(36)) is amend-
FROM COVID–19.
Strike section 4001 and insert the fol- ed—
(a) IN GENERAL.—In addition to amounts
lowing: (1) in subparagraph (E), in the matter pre-
otherwise made available, there is appro-
SEC. 4001. FUNDING FOR U.S. IMMIGRATION AND ceding clause (i), by striking ‘‘subparagraph
priated to the Secretary of Veterans Affairs
CUSTOMS ENFORCEMENT TO DE- (V)’’ and inserting ‘‘subparagraphs (V) and
TAIN CERTAIN CRIMINAL ALIENS. for fiscal year 2021, out of any money in the
(W)’’; and
In addition to amounts otherwise avail- Treasury not otherwise appropriated,
(2) by adding at the end the following:
able, there is appropriated for fiscal year $1,000,000,000, to remain available until ex-
‘‘(W) CALCULATION OF MAXIMUM LOAN
2021, out of any money in the Treasury not pended, to support State homes struggling to AMOUNT FOR BUSINESSES THAT EXPERIENCED
otherwise appropriated, $300,000,000, to re- address the fallout from the COVID–19 pan- EXTREME HARDSHIP.—
main available until September 30, 2022, for demic. ‘‘(i) DEFINITION.—In this subparagraph, the
U.S. Immigration and Customs Enforcement (b) OFFSET.—The amount appropriated by
term ‘extreme hardship’ means, with respect
to detain any alien who is unlawfully present section 602 of the Social Security Act, as
to an eligible recipient applying for assist-
in the United States and has been charged added by section 9901 of this Act, is hereby
ance under this paragraph—
with murder, rape, sexual molestation, rob- reduced by $1,000,000,000.
‘‘(I) except as provided in subclauses (II),
bery, child molestation, any other felony, or (III), and (IV), that the eligible recipient had
a domestic violence misdemeanor. SA 1186. Mr. TUBERVILLE sub-
gross receipts during the first, second, third,
mitted an amendment intended to be or, only with respect to an application sub-
SA 1183. Mr. TUBERVILLE sub- proposed to amendment SA 891 pro- mitted on or after January 1, 2021, fourth
mitted an amendment intended to be posed by Mr. SCHUMER (for himself, Mr. quarter in 2020 that demonstrate not less
proposed to amendment SA 891 pro- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. than a 75 percent reduction from the gross
posed by Mr. SCHUMER (for himself, Mr. PETERS, Mr. CARDIN, Ms. CANTWELL, receipts of the eligible recipient during the
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. Ms. STABENOW, Mr. TESTER, Mr. same quarter in 2019;

ctelli on DSK11ZRN23PROD with SENATE
PETERS, Mr. CARDIN, Ms. CANTWELL, MENENDEZ, Mr. SCHATZ, Mr. CARPER, ‘‘(II) if the eligible recipient was not in
business during the first or second quarter of
Ms. STABENOW, Mr. TESTER, Mr. Mr. LEAHY, and Mr. SANDERS) to the
2019, but was in business during the third and
MENENDEZ, Mr. SCHATZ, Mr. CARPER, bill H.R. 1319, to provide for reconcili- fourth quarter of 2019, that the eligible re-
Mr. LEAHY, and Mr. SANDERS) to the ation pursuant to title II of S. Con. cipient had gross receipts during the first,
bill H.R. 1319, to provide for reconcili- Res. 5; which was ordered to lie on the second, third, or, only with respect to an ap-
ation pursuant to title II of S. Con. table; as follows: plication submitted on or after January 1,

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1339
2021, fourth quarter of 2020 that demonstrate SCHATZ, Mr. CARPER, Mr. LEAHY, and SEC. ll. INCREASE IN HOSTILE FILE OR IMMI-
not less than a 75 percent reduction from the NENT DANGER PAY FOR MEMBERS
Mr. SANDERS) to the bill H.R. 1319, to OF UNIFORMED SERVICES.
gross receipts of the eligible recipient during provide for reconciliation pursuant to
the third or fourth quarter of 2019; (a) IN GENERAL.—Section 310(b)(3) of title
title II of S. Con. Res. 5; which was or- 37, United States Code, is amended by strik-
‘‘(III) if the eligible recipient was not in
business during the first, second, or third dered to lie on the table; as follows: ing ‘‘$225’’ and inserting ‘‘$300’’.
quarter of 2019, but was in business during Strike paragraphs (3) and (4) of section (b) APPLICABILITY.—The amendment made
the fourth quarter of 2019, that the eligible 4001(c) and insert the following: by subsection (a) applies with respect to
recipient had gross receipts during the first, (3) RELATIONSHIP TO OTHER LEAVE.—Paid months beginning on or after the date of the
second, third, or, only with respect to an ap- leave under this section— enactment of this Act.
plication submitted on or after January 1, (A) is in addition to any other leave pro-
2021, fourth quarter of 2020 that demonstrate vided to an employee; SA 1193. Mrs. BLACKBURN sub-
not less than a 75 percent reduction from the (B) may not be used by an employee con- mitted an amendment intended to be
gross receipts of the eligible recipient during currently with any other paid leave; and proposed to amendment SA 891 pro-
the fourth quarter of 2019; or (C) may not be used by an employee unless posed by Mr. SCHUMER (for himself, Mr.
‘‘(IV) if the eligible recipient was not in the employee has first used other sick leave
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
business during 2019, but was in operation on available to that employee for a purpose de-
scribed in subsection (b). PETERS, Mr. CARDIN, Ms. CANTWELL,
February 15, 2020, that the eligible recipient
(4) CALCULATION OF RETIREMENT BENEFIT.— Ms. STABENOW, Mr. TESTER, Mr.
had gross receipts during the second, third,
or, only with respect to an application sub- Any paid leave provided to an employee MENENDEZ, Mr. SCHATZ, Mr. CARPER,
mitted on or after January 1, 2021, fourth under this section shall reduce the total Mr. LEAHY, and Mr. SANDERS) to the
quarter of 2020 that demonstrate not less service used to calculate any Federal civil- bill H.R. 1319, to provide for reconcili-
than a 75 percent reduction from the gross ian retirement benefit. ation pursuant to title II of S. Con.
receipts of the eligible recipient during the (5) SPECIAL CONSIDERATION OF SICK LEAVE.— Res. 5; which was ordered to lie on the
first quarter of 2020. During the period described in paragraph (1),
table; as follows:
‘‘(ii) MAXIMUM LOAN AMOUNT.—In calcu- an employee may use sick leave otherwise
accrued to the employee for any purpose de- At the end of section 3101, add the fol-
lating the maximum covered loan amount
scribed in subsection (b). lowing:
under subparagraph (E) with respect to an el-
(c) EXTENSION OF COMMERCIAL SOLUTIONS
igible recipient that experienced extreme
SA 1190. Ms. MURKOWSKI submitted OPENING PILOT PROGRAM.—Section 879(g) of
hardship, subclauses (I)(aa)(BB) and
an amendment intended to be proposed the National Defense Authorization Act for
(II)(aa)(BB), as applicable, of subparagraph
Fiscal Year 2017 (Public Law 114–328; 10
(E)(i) shall be applied by substituting ‘3.5’ for to amendment SA 891 proposed by Mr.
U.S.C. 2302 note) is amended by striking
‘2.5’.’’. SCHUMER (for himself, Mr. WYDEN, Mrs. ‘‘September 30, 2022’’ and inserting ‘‘Sep-
(b) SECOND DRAW.—Section 7(a)(37) of the MURRAY, Mr. BROWN, Mr. PETERS, Mr.
Small Business Act (15 U.S.C. 636(a)(37)) is tember 30, 2025’’.
CARDIN, Ms. CANTWELL, Ms. STABENOW,
amended—
(1) in subparagraph (A)(i), by inserting Mr. TESTER, Mr. MENENDEZ, Mr. SA 1194. Mr. TOOMEY submitted an
‘‘ ‘extreme hardship,’ ’’ after ‘‘ ‘eligible self- SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment intended to be proposed to
employed individual,’ ’’; and Mr. SANDERS) to the bill H.R. 1319, to amendment SA 891 proposed by Mr.
(2) in subparagraph (C), by adding at the provide for reconciliation pursuant to SCHUMER (for himself, Mr. WYDEN, Mrs.
end the following: title II of S. Con. Res. 5; which was or- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(v) EXTREME HARDSHIP.—In calculating dered to lie on the table; as follows: CARDIN, Ms. CANTWELL, Ms. STABENOW,
the maximum loan amount under clause (i), At the end of subtitle B of title I, insert Mr. TESTER, Mr. MENENDEZ, Mr.
(ii), or (iii) with respect to an eligible entity the following:
that experienced extreme hardship, clause
SCHATZ, Mr. CARPER, Mr. LEAHY, and
SEC. 1109. ADDITIONAL SNAP FLEXIBILITIES IN A Mr. SANDERS) to the bill H.R. 1319, to
(i)(I)(bb), (ii)(I)(bb), and (iii)(I)(bb), as appli- PUBLIC HEALTH EMERGENCY.
cable, shall be applied by substituting ‘3.5’ provide for reconciliation pursuant to
Section 2302(a) of the Families First
for ‘2.5’.’’. Coronavirus Response Act (7 U.S.C. 2011 note;
title II of S. Con. Res. 5; which was or-
(c) COVERED PERIOD FOR LOAN FORGIVENESS dered to lie on the table; as follows:
Public Law 116–127) is amended, in the mat-
FOR SECOND DRAW LOANS.—Section In subsection (a)(2) of section 1005 (relating
ter preceding paragraph (1), by striking ‘‘and
7(a)(37)(J)(i) of the Small Business Act (15 to farm loan assistance for socially dis-
the issuance of an emergency or disaster dec-
U.S.C. 636(a)(37)(J)(i)) is amended to read as advantaged farmers and ranchers), in the
laration by a State based on an outbreak of
follows: matter preceding subparagraph (A), strike
COVID-19’’.
‘‘(i) DEFINITION OF COVERED PERIOD.—In ‘‘indebtedness of each socially disadvantaged
this subparagraph, the term ‘covered period’ SA 1191. Ms. MURKOWSKI submitted farmer or rancher as of January 1, 2021,’’ and
means the period— insert ‘‘indebtedness incurred during the pe-
‘‘(I) beginning on the date of the origina-
an amendment intended to be proposed
to amendment SA 891 proposed by Mr. riod beginning on March 13, 2020, and ending
tion of a covered loan; and on the date of enactment of this Act of each
‘‘(II) ending on a date selected by the eligi- SCHUMER (for himself, Mr. WYDEN, Mrs.
socially disadvantaged farmer or rancher’’.
ble recipient of the covered loan that occurs MURRAY, Mr. BROWN, Mr. PETERS, Mr.
during the period— CARDIN, Ms. CANTWELL, Ms. STABENOW, SA 1195. Mr. KENNEDY submitted an
‘‘(aa) beginning on the date that is 8 weeks Mr. TESTER, Mr. MENENDEZ, Mr.
after such date of origination; and amendment intended to be proposed to
SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment SA 891 proposed by Mr.
‘‘(bb) ending on the date that is 52 weeks Mr. SANDERS) to the bill H.R. 1319, to
after such date of origination.’’. SCHUMER (for himself, Mr. WYDEN, Mrs.
(d) APPLICABILITY.—The amendments made provide for reconciliation pursuant to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
by this section shall apply— title II of S. Con. Res. 5; which was or- CARDIN, Ms. CANTWELL, Ms. STABENOW,
(1) for the amendments made by sub- dered to lie on the table; as follows: Mr. TESTER, Mr. MENENDEZ, Mr.
sections (a) and (b), with respect to an appli- On page 580, line 18, insert ‘‘$500,000,000 SCHATZ, Mr. CARPER, Mr. LEAHY, and
cant for a loan under paragraph (36) or (37) of more than’’ after ‘‘less than’’.
section 7(a) of the Small Business Act (15 Mr. SANDERS) to the bill H.R. 1319, to
U.S.C. 636(a)(37)) before, on, or after the date SA 1192. Mrs. BLACKBURN sub- provide for reconciliation pursuant to
of enactment of this Act; and mitted an amendment intended to be title II of S. Con. Res. 5; which was or-
(2) for the amendment made by subsection proposed to amendment SA 891 pro- dered to lie on the table; as follows:
(c), with respect to an applicant for loan for- posed by Mr. SCHUMER (for himself, Mr. Strike section 5004.
giveness under section 7(a)(37)(J) of that Act
WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
(15 U.S.C. 636(a)(37)(J)) that has not yet re-
ceived the loan forgiveness. PETERS, Mr. CARDIN, Ms. CANTWELL, SA 1196. Ms. MURKOWSKI submitted
Ms. STABENOW, Mr. TESTER, Mr. an amendment intended to be proposed
SA 1189. Mr. CRAMER (for himself MENENDEZ, Mr. SCHATZ, Mr. CARPER, to amendment SA 891 proposed by Mr.
and Mr. PORTMAN) submitted an Mr. LEAHY, and Mr. SANDERS) to the SCHUMER (for himself, Mr. WYDEN, Mrs.

ctelli on DSK11ZRN23PROD with SENATE
amendment intended to be proposed to bill H.R. 1319, to provide for reconcili- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
amendment SA 891 proposed by Mr. ation pursuant to title II of S. Con. CARDIN, Ms. CANTWELL, Ms. STABENOW,
SCHUMER (for himself, Mr. WYDEN, Mrs. Res. 5; which was ordered to lie on the Mr. TESTER, Mr. MENENDEZ, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. table; as follows: SCHATZ, Mr. CARPER, Mr. LEAHY, and
CARDIN, Ms. CANTWELL, Ms. STABENOW, At the appropriate place, insert the fol- Mr. SANDERS) to the bill H.R. 1319, to
Mr. TESTER, Mr. MENENDEZ, Mr. lowing: provide for reconciliation pursuant to

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S1340 CONGRESSIONAL RECORD — SENATE March 5, 2021
title II of S. Con. Res. 5; which was or- ‘‘(XVIII) 722310; Mr. LEAHY, and Mr. SANDERS) to the
dered to lie on the table; as follows: ‘‘(XIX) 722330; bill H.R. 1319, to provide for reconcili-
At the end of title V, add the following: ‘‘(XX) 812331; and ation pursuant to title II of S. Con.
‘‘(XXI) 812930; and
SEC. 5007. ADDING HOSPITALITY BUSINESSES TO Res. 5; which was ordered to lie on the
THE SHUTTERED VENUE OPERATOR ‘‘(ii) maintains a physical facility in the
United States that serves as the principal table; as follows:
GRANT PROGRAM.
Section 324 of the Economic Aid to Hard- place where the activity described in the Strike subtitle M of title IX and insert the
Hit Small Businesses, Nonprofits, and code assigned under clause (i) is conducted. following:
Venues Act (title III of division N of Public ‘‘(B) TREATMENT OF GOVERNMENT-OWNED SEC. llll. ADDITIONAL FUNDING FOR THE IN-
HOSPITALITY BUSINESSES.—In the case of a SPECTOR GENERAL OF HHS FOR AU-
Law 116–260) is amended— DITING AND INVESTIGATING FRAUD
(1) in subsection (a)— hospitality business that is part of a State,
AND IMPROPER ACTIONS BY STATE
(A) in paragraph (1)— political subdivision of a state, or instru- AND LOCAL GOVERNMENTS RELAT-
(i) in subparagraph (A)— mentality thereof, the hospitality business ING TO LONG-TERM CARE FACILI-
(I) in the matter preceding clause (i), by in- shall be treated as a separate entity from TIES.
serting ‘‘a hospitality business,’’ after ‘‘the- that State, political subdivision of a State, In addition to amounts otherwise avail-
atre operator,’’; or instrumentality thereof, upon certifi- able, there is appropriated to the Inspector
(II) in clause (i)— cation by the State, political subdivision of General of the Department of Health and
(aa) in the matter preceding subclause (I), a State, or instrumentality thereof of the Human Services, out of any money in the
by inserting ‘‘the hospitality business,’’ after properly allocated employees and revenue of Treasury not otherwise appropriated,
‘‘theatre operator,’’; the hospitality business, in accordance with $10,000,000, to remain available until ex-
(bb) in subclause (I), by inserting ‘‘a hospi- any requirement prescribed in regulations pended, to conduct, supervise, and coordi-
tality business,’’ after ‘‘theatre operator,’’; established by the Administrator.’’. nate audits and investigations of allegations
and of fraud or other improper actions by State
(cc) in subclause (II), by inserting ‘‘the SA 1197. Mr. TESTER proposed an and local government officials with respect
hospitality business,’’ after ‘‘theatre oper- amendment to amendment SA 891 pro- to long-term care facility residents and staff,
ator,’’; posed by Mr. SCHUMER (for himself, Mr. including through the inaccurate reporting
(III) in clause (ii)(III), by inserting ‘‘or hos- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. of COVID–19-related fatalities and through
pitality business’’ after ‘‘operator’’; PETERS, Mr. CARDIN, Ms. CANTWELL, the implementation of policies resulting in
(IV) in clause (vi)— Ms. STABENOW, Mr. TESTER, Mr. preventable COVID–19-related fatalities of
(aa) in subclause (I)— long-term care facility residents and staff.
MENENDEZ, Mr. SCHATZ, Mr. CARPER,
(AA) in the matter preceding item (aa), by
inserting ‘‘the hospitality business,’’ after Mr. LEAHY, and Mr. SANDERS) to the SA 1200. Mr. SCOTT of South Caro-
‘‘theatre operator,’’; and bill H.R. 1319, to provide for reconcili- lina submitted an amendment intended
(BB) in item (bb), by inserting ‘‘the hospi- ation pursuant to title II of S. Con. to be proposed to amendment SA 891
tality business,’’ after ‘‘theatre operator,’’; Res. 5; which was ordered to lie on the proposed by Mr. SCHUMER (for himself,
(bb) in subclause (II)— table; as follows: Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
(AA) in the matter preceding item (aa), by At the end of title X, add the following:
inserting ‘‘the hospitality business,’’ after
Mr. PETERS, Mr. CARDIN, Ms. CANT-
SEC. 10lll. APPROVAL OF KEYSTONE XL PIPE- WELL, Ms. STABENOW, Mr. TESTER, Mr.
‘‘theatre operator,’’; and LINE.
(BB) by inserting ‘‘hospitality businesses,’’ MENENDEZ, Mr. SCHATZ, Mr. CARPER,
(a) IN GENERAL.—Not later than 60 days
after ‘‘theatres,’’ each place that term ap- after the date of enactment of this Act, the
Mr. LEAHY, and Mr. SANDERS) to the
pears; President shall review and approve a permit bill H.R. 1319, to provide for reconcili-
(cc) in subclause (III)— for the project of TransCanada Keystone ation pursuant to title II of S. Con.
(AA) by inserting ‘‘(aa)’’ before ‘‘The live’’; Pipeline, L.P., to construct, connect, oper- Res. 5; which was ordered to lie on the
and ate, and maintain the pipeline and cross-bor- table; as follows:
(BB) by adding at the end the following: der facilities at the northern border of the
‘‘(bb) In the case of a hospitality business, At the end of part 1 of subtitle A of title II,
State of Montana necessary to import oil add the following:
the hospitality business has not received, on from Canada to the United States, as de-
or after the date of enactment of the Hospi- SEC. 2014. COMPREHENSIVE STUDY ON THE IM-
scribed in the Presidential Permit of March PACT OF SCHOOL CLOSURES.
tality Stabilization Act, a loan guaranteed 29, 2019 (84 Fed. Reg. 13101 (April 3, 2019)), if
under paragraph (36) or (37) of section 7(a) of (a) IN GENERAL.—Notwithstanding section
the President determines that the project 2001(a), the amount appropriated under such
the Small Business Act (15 U.S.C. 636(a)).’’; would create construction jobs and increase
and section 2001(a) to the Department of Edu-
tax revenues in communities that have been cation shall be $127,269,800,000.
(dd) in subclause (IV), by inserting ‘‘the economically impacted by COVID–19.
hospitality business,’’ after ‘‘theatre oper- (b) COMPREHENSIVE STUDY ON THE IMPACT
(b) REVOCATION.—Section 6 of Executive OF SCHOOL CLOSURES.—In addition to
ator,’’ each place that term appears; and Order 13990 (86 Fed. Reg. 7041 (January 25,
(ii) in subparagraph (B), by inserting ‘‘a amounts otherwise available, there is appro-
2021)) shall have no force or effect. priated to the Department of Health and
hospitality business,’’ after ‘‘theatre oper-
ator,’’ each place that term appears; and Human Services for fiscal year 2021, out of
SA 1198. Mr. CASSIDY (for himself, any money in the Treasury not otherwise ap-
(B) by adding at the end the following: Mr. SCOTT of South Carolina, and Mr.
‘‘(11) HOSPITALITY BUSINESS.— propriated, $5,000,000, for the Secretary of
‘‘(A) IN GENERAL.—The term ‘hospitality
TILLIS) submitted an amendment in- Health and Human Services to conduct a
business’ means any person or entity that— tended to be proposed to amendment comprehensive study on the impact of school
‘‘(i) is properly assigned a North American SA 891 proposed by Mr. SCHUMER (for closures, stay-at-home and shelter-in-place
Industry Classification System code begin- himself, Mr. WYDEN, Mrs. MURRAY, Mr. orders, and other pandemic-related restric-
tions imposed by State and municipal au-
ning with— BROWN, Mr. PETERS, Mr. CARDIN, Ms.
‘‘(I) 721, except casino hotels; thorities on the mental, physical, social, and
CANTWELL, Ms. STABENOW, Mr. TESTER, emotional health and wellbeing of students.
‘‘(II) 713, except gambling entities and pri- Mr. MENENDEZ, Mr. SCHATZ, Mr. CAR-
vate clubs; PER, Mr. LEAHY, and Mr. SANDERS) to
‘‘(III) 487; SA 1201. Mr. SCOTT, of South Caro-
‘‘(IV) 5615;
the bill H.R. 1319, to provide for rec- lina submitted an amendment intended
‘‘(V) 7121; onciliation pursuant to title II of S. to be proposed to amendment SA 891
‘‘(VI) 453220; Con. Res. 5; which was ordered to lie on proposed by Mr. SCHUMER (for himself,
‘‘(VII) 532284; the table; as follows: Mr. WYDEN, Mrs. MURRAY, Mr. BROWN,
‘‘(VIII) 483112, except any non-United In section 2002 strike ‘‘that enroll a signifi- Mr. PETERS, Mr. CARDIN, Ms. CANT-
States entities; cant percentage of’’ and all that follows WELL, Ms. STABENOW, Mr. TESTER, Mr.
‘‘(IX) 483114, except any non-United States through the end of the section. MENENDEZ, Mr. SCHATZ, Mr. CARPER,
entities;
‘‘(X) 483212, except any non-United States Mr. LEAHY, and Mr. SANDERS) to the
SA 1199. Mr. SCOTT of South Caro-
entities; bill H.R. 1319, to provide for reconcili-
lina submitted an amendment intended

ctelli on DSK11ZRN23PROD with SENATE
‘‘(XI) 485310; ation pursuant to title II of S. Con.
to be proposed to amendment SA 891
‘‘(XII) 485320; Res. 5; which was ordered to lie on the
proposed by Mr. SCHUMER (for himself,
‘‘(XIII) 485999; table; as follows:
‘‘(XIV) 561720; Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, At the end of section 2001, add the fol-
‘‘(XV) 561730; Mr. PETERS, Mr. CARDIN, Ms. CANT- lowing:
‘‘(XVI) 561920; WELL, Ms. STABENOW, Mr. TESTER, Mr. (i) SUBGRANTS TO LOCAL EDUCATIONAL
‘‘(XVII) 711510; MENENDEZ, Mr. SCHATZ, Mr. CARPER, AGENCIES.—

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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1341
(1) IN GENERAL.—The State shall make sub- section 2001(a) to the Department of Edu- exceed the proportional equivalent of 64
grants to local educational agencies under cation shall be $127,269,800,000. hours to the extent amounts in the Fund re-
this subsection as follows: (b) INSPECTOR GENERAL AUDIT AND INVES- main available for reimbursement;
(A) One-third of funds shall be awarded not TIGATION.—In addition to amounts otherwise (B) shall be paid at the same hourly rate as
less than 15 calendar days after receiving an available, there is appropriated to the De- other leave payments; and
award from the Secretary under this section. partment of Education for fiscal year 2021, (C) may not be provided to an employee if
(B) The remaining two-thirds of funds shall out of any money in the Treasury not other- the leave would result in payments greater
be awarded only after the local educational wise appropriated, $20,000,000, for the Office than $2,800 in aggregate for any biweekly pay
agency submits to the Governor and the of Inspector General of the Department of period for a full-time employee, or a propor-
Governor approves a comprehensive school Education to conduct, supervise, and coordi- tionally equivalent biweekly limit for a
reopening plan based on criteria determined nate audits and investigations of the proce- part-time employee.
by the Governor in consultation with the dures, plans, and stakeholder consultations (3) RELATIONSHIP TO OTHER LEAVE.—Paid
State educational agency (including criteria used, developed, and adopted by relevant leave under this section—
for the Governor to carry out paragraph (2)), State and local authorities with respect to (A) is in addition to any other leave pro-
that describes how the local educational reopening elementary and secondary schools vided to an employee; and
agency will safely reopen schools with the for in-person learning. (B) may not be used by an employee con-
physical presence of students, consistent currently with any other paid leave.
with maintaining safe and continuous oper- SA 1203. Mr. SCOTT of South Caro- (4) CALCULATION OF RETIREMENT BENEFIT.—
ations aligned with challenging State aca- lina (for himself, Mr. MORAN, and Mr. Any paid leave provided to an employee
demic standards. LANKFORD) submitted an amendment under this section shall reduce the total
(2) APPROVAL OF PLANS.—The Governor service used to calculate any Federal civil-
intended to be proposed to amendment
shall approve plans submitted under para- ian retirement benefit.
graph (1)(B) within 30 days after the plan is SA 891 proposed by Mr. SCHUMER (for
(d) EMPLOYEE DEFINED.—In this section,
submitted, subject to the following require- himself, Mr. WYDEN, Mrs. MURRAY, Mr. the term ‘‘employee’’ means—
ments: BROWN, Mr. PETERS, Mr. CARDIN, Ms. (1) an individual in the executive branch
(A) A local educational agency that offers CANTWELL, Ms. STABENOW, Mr. TESTER, for whom annual and sick leave is provided
an option for in-person instruction for at Mr. MENENDEZ, Mr. SCHATZ, Mr. CAR- under subchapter I of chapter 63 of title 5,
least 50 percent of its students where the stu- PER, Mr. LEAHY, and Mr. SANDERS) to United States Code;
dents may physically attend school no less the bill H.R. 1319, to provide for rec- (2) an individual employed by the United
than 50 percent of each school-week, as it States Postal Service;
was defined by the local educational agency onciliation pursuant to title II of S.
Con. Res. 5; which was ordered to lie on (3) an individual employed by the Postal
prior to the coronavirus emergency, shall Regulatory Commission; and
have its plan automatically approved. the table; as follows: (4) an employee of the Public Defender
(B) A local educational agency that does Strike section 4001 and insert the fol-
Service for the District of Columbia and the
not provide an option for in-person instruc- lowing:
District of Columbia Courts.
tion to any students where the students SEC. 4001. EMERGENCY FEDERAL EMPLOYEE
SEC. 4001A. FUNDING FOR NURSING HOME FA-
physically attend school in-person shall not LEAVE FUND.
CILITIES AND FOR REOPENING
be eligible to receive a subgrant under para- (a) ESTABLISHMENT; APPROPRIATION.—There SCHOOLS.
graph (1)(B). is established in the Treasury the Emer- (a) NURSING HOME FACILITIES.—In addition
(C) A local educational agency that offers gency Federal Employee Leave Fund (in this to amounts otherwise available, there is ap-
an option for in-person instruction to at section referred to as the ‘‘Fund’’), to be ad- propriated to the Federal Emergency Man-
least some students where the students may ministered by the Director of the Office of agement Agency for fiscal year 2021, out of
physically attend school in-person but does Personnel Management, for the purposes set any money in the Treasury not otherwise ap-
not satisfy the requirements in subparagraph forth in subsection (b). In addition to propriated, $5,000,000, to remain available
(A) shall have its allocation reduced on a pro amounts otherwise available, there is appro- until September 30, 2022, to carry out the
rata basis as determined by the Governor. priated for fiscal year 2021, out of any money purposes of the Disaster Relief Fund for
(3) PLAN CONTENTS.—A school reopening in the Treasury not otherwise appropriated, costs associated with vaccinating, screening,
plan submitted to a Governor under para- $100,000,000, which shall be deposited into the testing, providing personal protective equip-
graph (1)(B) shall include, in addition to any Fund and remain available through Sep- ment for, and meeting other COVID–19-re-
other information necessary to meet the cri- tember 30, 2021. The Fund is available for lated expenses with respect to the residents
teria determined by the Governor— reasonable expenses incurred by the Office of and staff of long-term care facilities, nursing
(A) a detailed timeline for when the local Personnel Management in administering this facilities, independent living, assisted living,
educational agency will offer an option for section. memory care, and continuing care retire-
in-person instruction, including the goals (b) PURPOSE.—Amounts in the Fund shall ment communities, personal care homes,
and criteria used for providing an option for be available for reimbursement to an agency adult care homes, and residential care facili-
full time in-person instruction to all stu- for the use of paid leave under this section ties for the elderly with 15 or more residen-
dents; by any employee of the agency who is unable tial units.
(B) a description of how many days of in- to work because the employee— (b) REOPENING SCHOOLS.—In addition to
person instruction per calendar week the (1) is subject to a Federal, State, or local amounts otherwise available, there is appro-
local educational agency plans to offer to quarantine or isolation order related to priated to the Federal Emergency Manage-
students; and COVID–19; ment Agency for fiscal year 2021, out of any
(C) an assurance that the local educational (2) has been advised by a health care pro- money in the Treasury not otherwise appro-
agency will offer students an option to re- vider to self-quarantine due to concerns re- priated, $5,000,000, to remain available until
ceive as much in-person instruction as is safe lated to COVID–19; September 30, 2021, to carry out the purposes
and practicable, consistent with maintaining (3) is caring for an individual who is sub- of the Disaster Relief Fund for the emer-
safe and continuous operations aligned with ject to such an order or has been so advised; gency declaration issued by the President on
challenging State academic standards. (4) is experiencing symptoms of COVID–19 March 13, 2020, pursuant to section 501(b) of
and seeking a medical diagnosis; or the Robert T. Stafford Disaster Relief and
SA 1202. Mr. SCOTT of South Caro- (5) is obtaining immunization related to Emergency Assistance Act (42 U.S.C. 5191(b)),
lina submitted an amendment intended COVID–19 or to recover from any injury, dis- and for any subsequent major disaster dec-
to be proposed to amendment SA 891 ability, illness, or condition related to such laration that supersedes such emergency
proposed by Mr. SCHUMER (for himself, immunization, but only if determined to be declaration, to reimburse costs incurred with
Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, medically necessary by a qualified health respect to reopening schools, including pub-
Mr. PETERS, Mr. CARDIN, Ms. CANT- care provider. lic and non-public schools, for in-person
WELL, Ms. STABENOW, Mr. TESTER, Mr. (c) LIMITATIONS.— learning with COVID–19 prevention, mitiga-
(1) PERIOD OF AVAILABILITY.—Paid leave tion, and control measures.
MENENDEZ, Mr. SCHATZ, Mr. CARPER,
under this section may only be provided to
Mr. LEAHY, and Mr. SANDERS) to the and used by an employee during the period SA 1204. Mr. SCOTT of South Caro-
bill H.R. 1319, to provide for reconcili- beginning on the date of enactment of this lina (for himself, Mr. MORAN, and Mr.
ation pursuant to title II of S. Con. Act and ending on September 30, 2021. LANKFORD) submitted an amendment
Res. 5; which was ordered to lie on the (2) TOTAL HOURS; AMOUNT.—Paid leave intended to be proposed to amendment

ctelli on DSK11ZRN23PROD with SENATE
table; as follows: under this section— SA 891 proposed by Mr. SCHUMER (for
At the end of part 1 of subtitle A of title II, (A) shall be provided to an employee in an
himself, Mr. WYDEN, Mrs. MURRAY, Mr.
add the following: amount not to exceed 64 hours of paid leave
SEC. 2014. INSPECTOR GENERAL AUDIT AND IN- for each full-time employee, and in the case BROWN, Mr. PETERS, Mr. CARDIN, Ms.
VESTIGATION. of a part-time employee, employee on an un- CANTWELL, Ms. STABENOW, Mr. TESTER,
(a) IN GENERAL.—Notwithstanding section common tour of duty, or employee with a Mr. MENENDEZ, Mr. SCHATZ, Mr. CAR-
2001(a), the amount appropriated under such seasonal work schedule, in an amount not to PER, Mr. LEAHY, and Mr. SANDERS) to

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