Congressional Record, Senate, March 5, 2021, Page S1294
Summary
A page of the Congressional Record, Senate, dated March 5, 2021, at pages S1294 and S1295, carrying text of amendments to SA 891, the substitute to H.R. 1319. The page lists amendments SA 1020 through SA 1031 submitted by Mr. Sullivan, Mr. Lankford, Mr. Rubio and Mr. Scott. The texts include applying the Small Business Administration's affiliation rule to the paycheck protection program, a free exercise of religion provision for paycheck protection program applicants, striking a section on family planning, a prohibition on funds for a federally mandated domestic travel ban, and a change to a figure of $25,500,000,000 to $63,750,000,000.
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“Congressional Record, Senate, March 5, 2021, Page S1294.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1294-7-4feb173b9a/
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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
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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
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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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