Congressional Record — Senate, March 5, 2021, Page S1324
Summary
Page S1324 of the Senate section of the Congressional Record for March 5, 2021, with amendment text to H.R. 1319, in interleaved columns. One amendment, submitted with Mr. Reed and Mrs. Shaheen, would fund activities to address learning loss, such as summer learning, extended day and afterschool programs. Another text defines qualifying education expenses for a child, including tuition and fees, tutoring and curriculum, and a further section list covers improvements to WIC benefits, meal reimbursements for individuals under age 25 and a Pandemic EBT program. Extended unemployment compensation language is also shown.
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“Congressional Record — Senate, March 5, 2021, Page S1324.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1324-fafa32a2a9/
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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
ctelli on DSK11ZRN23PROD with SENATE
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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