Congressional Record — Senate, S1293 (March 5, 2021)
Summary
This Congressional Record, Senate, March 5, 2021 section lists amendments submitted to SA 891, proposed by Mr. Schumer for himself and others to H.R. 1319, a bill to provide for reconciliation pursuant to title II of S. Con. Res. 5, each ordered to lie on the table. Submitters named include Mr. Toomey (SA 1012), Mr. Toomey for himself and Mrs. Fischer (SA 1013), Mr. Tillis (SA 1016), Mr. Lankford (SA 1018) and Mr. Sullivan (SA 1022). Amendment text includes a change to farm loan assistance for socially disadvantaged farmers and ranchers, a limitation on outlays, and a provision withholding 50 percent of a payment if the national unemployment rate is less than 7 percent.
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“Congressional Record — Senate, S1293 (March 5, 2021).”
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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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