Congressional Record — Senate, S5769 (August 3, 2021)
Summary
Congressional Record, Senate, page S5769, August 3, 2021. The page lists amendments submitted to the bill H.R. 3684, including SA 2411 by Mr. Marshall (for himself, Ms. Ernst, and Mr. Grassley) and SA 2412 by Mrs. Blackburn (for herself and Mr. Hagerty), each intended to be proposed to amendment SA 2137. Printed amendment text includes a provision on the enforcement of a requirement to wear a mask or face covering on any mode of public transportation, the Exposing Agricultural Trade Suppression Act, and a section on adding service and support companies to the Shuttered Venue Operators Grant Program.
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“Congressional Record — Senate, S5769 (August 3, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-03-crec-2021-08-03-pt1-pgs5769-2-9753a8752d/
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August 3, 2021 CONGRESSIONAL RECORD — SENATE S5769
be used for the enforcement of a requirement (1) the State or unit of local government is other support for live performing arts
to wear a mask or face covering on any mode likely to prevail on the merits at trial; and events; and
of public transportation. (2) the injunction would cause irreparable ‘‘(bb) for which not less than 70 percent of
harm to the State or unit of local govern- the earned revenue generated through pro-
SA 2411. Mr. MARSHALL (for him- ment. viding the support described in item (aa) is
self, Ms. ERNST, and Mr. GRASSLEY) (d) STATUTE OF LIMITATIONS.—No action for live performing arts events organized,
submitted an amendment intended to shall be maintained under this section unless promoted, produced, managed, or hosted by
the action is commenced not later than 10 an eligible person or entity described in
be proposed to amendment SA 2137 pro-
years after the cause of action arose. paragraph (1)(A)(iii); or
posed by Mr. SCHUMER (for Ms. SINEMA (e) JURISDICTION.—A person described in ‘‘(II)(aa) showcases performers or pre-pack-
(for herself, Mr. PORTMAN, Mr. subsection (b) may bring an action under aged productions to potential buyers; and
MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN, that subsection in— ‘‘(bb) for which not less than 70 percent of
Ms. COLLINS, Mr. TESTER, Ms. MUR- (1) the district court of the United States the earned revenue generated through show-
KOWSKI, Mr. WARNER, and Mr. ROMNEY)) for the judicial district in which the person— casing performers or pre-packaged produc-
to the bill H.R. 3684, to authorize funds (A) is affected by a regulation described in tions described in item (aa) is for live per-
that subsection; or forming arts events—
for Federal-aid highways, highway (B) resides, operates, or does business; or ‘‘(AA) organized, promoted, produced, man-
safety programs, and transit programs, (2) any other appropriate court otherwise aged, or hosted by an eligible person or enti-
and for other purposes; which was or- having jurisdiction. ty described in paragraph (1)(A)(iii); or
dered to lie on the table; as follows: ‘‘(BB) hosted in a hotel or convention cen-
At the end of division G, add the following: SA 2412. Mrs. BLACKBURN (for her- ter facility;
TITLE XII—AGRICULTURAL TRADE self and Mr. HAGERTY) submitted an ‘‘(B) includes an individual or entity de-
SEC. 71201. SHORT TITLE.
amendment intended to be proposed to scribed in subparagraph (A) that—
This title may be cited as the ‘‘Exposing amendment SA 2137 proposed by Mr. ‘‘(i) operates for profit;
Agricultural Trade Suppression Act’’. SCHUMER (for Ms. SINEMA (for herself, ‘‘(ii) is a nonprofit organization;
SEC. 71202. PROHIBITION AGAINST INTER- Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- ‘‘(iii) is government-owned; or
FERENCE BY STATE AND LOCAL SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ‘‘(iv) is a corporation, limited liability
GOVERNMENTS WITH PRODUCTION TESTER, Ms. MURKOWSKI, Mr. WARNER, company, or partnership or operated as a
OR MANUFACTURE OF ITEMS IN sole proprietorship; and
OTHER STATES.
and Mr. ROMNEY)) to the bill H.R. 3684, ‘‘(C) does not include—
(a) DEFINITION OF AGRICULTURAL PROD- to authorize funds for Federal-aid high- ‘‘(i) an individual or entity described in
UCTS.—In this section, the term ‘‘agricul- ways, highway safety programs, and subparagraph (A) that—
tural products’’ has the meaning given the transit programs, and for other pur- ‘‘(I) employs more than 250 full-time em-
term in section 207 of the Agricultural Mar- poses; which was ordered to lie on the ployees; or
keting Act of 1946 (7 U.S.C. 1626). table; as follows: ‘‘(II) is registered or operates outside of
(b) PROHIBITION.—Consistent with the Com- At the appropriate place in division I, in- the United States; or
merce Clause of section 8 of article I of the sert the following: ‘‘(ii) an entity that is majority owned or
Constitution of the United States, the gov- SEC. 90lll. ADDING SERVICE AND SUPPORT controlled by an entity that is an issuer, the
ernment of a State or a unit of local govern- COMPANIES TO THE SHUTTERED securities of which are listed on a national
ment within a State shall not impose a VENUE OPERATORS GRANT PRO- securities exchange under section 6 of the
standard or condition on the production or GRAM. Securities Exchange Act of 1934 (15 U.S.C.
manufacture of any agricultural products (a) IN GENERAL.—Section 324 of the Eco- 78f).’’; and
sold or offered for sale in interstate com- nomic Aid to Hard-Hit Small Businesses, (2) in subsection (b)(2)(B), by adding at the
merce if— Nonprofits, and Venues Act (title III of divi- end the following:
(1) the production or manufacture occurs sion N of Public Law 116–260) is amended— ‘‘(iii) PRIORITY FOR AWARDS TO SERVICE AND
in another State; and (1) in subsection (a)— SUPPORT COMPANIES.—
(2) the standard or condition is in addition (A) in paragraph (1)— ‘‘(I) FIRST PRIORITY IN AWARDING GRANTS.—
to the standards and conditions applicable to (i) in subparagraph (A)— During the initial 14-day period during which
the production or manufacture pursuant to— (I) in the matter preceding clause (i), by in- service and support companies are eligible to
(A) Federal law; and serting ‘‘a service and support company,’’ receive a grant under this paragraph, in
(B) the laws of the State and unit of local after ‘‘theatre operator,’’; making awards to those companies, the Ad-
government in which the production or man- (II) in clause (i)— ministrator shall only award grants to those
ufacture occurs. (aa) in the matter preceding subclause (I), companies with revenue during the period
SEC. 71203. FEDERAL CAUSE OF ACTION TO by inserting ‘‘the service and support com- beginning on April 1, 2020 and ending on De-
CHALLENGE STATE REGULATION OF pany,’’ after ‘‘theatre operator,’’; and cember 31, 2020, that is not more than 10 per-
INTERSTATE COMMERCE. (bb) in subclause (I), by inserting ‘‘a serv- cent of the revenue of the company during
(a) DEFINITION OF AGRICULTURAL PROD- ice and support company,’’ after ‘‘theatre op- the period beginning on April 1, 2019 and end-
UCTS.—In this section, the term ‘‘agricul- erator,’’; ing on December 31, 2019, due to the COVID–
tural products’’ has the meaning given the (III) in clause (ii)— 19 pandemic.
term in section 207 of the Agricultural Mar- (aa) in subclause (III), by striking ‘‘and’’ at ‘‘(II) SECOND PRIORITY IN AWARDING
keting Act of 1946 (7 U.S.C. 1626). the end; GRANTS.—During the 14-day period imme-
(b) PRIVATE RIGHT OF ACTION.—A person, (bb) in subclause (IV), by adding ‘‘and’’ at diately following the14-day period described
including a producer, a transporter, a the end; and in clause (i), in making awards to service and
distributer, a consumer, a laborer, a trade (cc) by adding at the end the following: support companies under this paragraph, the
association, the Federal Government, a ‘‘(V) the service and support company is or Administrator shall only award grants to
State government, or a unit of local govern- intends to resume the services and activities those companies with revenue, during the pe-
ment, that is affected by a regulation of a described in paragraph (11);’’; and riod beginning on April 1, 2020 and ending on
State or unit of local government that regu- (IV) in clause (vi), by inserting ‘‘the serv- December 31, 2020, that is not more than 30
lates any aspect of 1 or more agricultural ice and support company,’’ after ‘‘theatre op- percent of the revenue of the company dur-
products that are sold in interstate com- erator,’’ each place that term appears; and ing the period beginning on April 1, 2019 and
merce, including any aspect of the method of (ii) in subparagraph (B), by inserting ‘‘serv- ending on December 31, 2019, due to the
production, or any means or instrumentality ice and support company,’’ after ‘‘theatre op- COVID–19 pandemic.’’.
through which 1 or more agricultural prod- erator,’’ each place that term appears; and (b) TRANSFER OF AMOUNTS FROM
ucts are sold in interstate commerce may (B) by adding at the end the following: CORONAVIRUS STATE AND LOCAL FISCAL RE-
bring an action in the appropriate court to ‘‘(11) SERVICE AND SUPPORT COMPANY.—The COVERY FUNDS TO SHUTTERED VENUE OPERA-
invalidate that regulation and seek damages term ‘service and support company’— TORS PROGRAM.—
for economic loss resulting from that regula- ‘‘(A) means an individual or entity— (1) RESCISSION.—Of the unobligated bal-
tion. ‘‘(i) that is assigned a North American In- ances of amounts appropriated under sec-
(c) PRELIMINARY INJUNCTION.—On a motion dustry Classification System code of 532490, tions 602(a)(1) and 603(a) of the Social Secu-
of the plaintiff in an action brought under 541410, 541420, 541430, 541490, 561920, 711190, or rity Act (as added by section 9901 of the
subsection (b), the court shall issue a pre- 711320, as appears on the most recent income American Rescue Plan Act of 2021 (Public
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liminary injunction to preclude the applica- tax filing or on the application for a loan Law 117–2)) on the date of enactment of this
ble State or unit of local government from under paragraph (36) or (37) of section 7(a) of Act, $4,000,000,000 is rescinded, provided that
enforcing the regulation at issue until such the Small Business Act (15 U.S.C. 636(a)) of amounts shall be rescinded from the unobli-
time as the court enters a final judgment in the individual or entity, if applicable; and gated balance of amounts appropriated under
the case, unless the State or unit of local ‘‘(ii) that— such section 602(a)(1) first, and amounts
government proves by clear and convincing ‘‘(I)(aa) as a principal business activity, shall then be rescinded from the unobligated
evidence that— provide stages, lighting, sound, casts, or balance of amounts appropriated under such
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S5770 CONGRESSIONAL RECORD — SENATE August 3, 2021
section 603(a) only if the unobligated balance On page 2611, line 19, strike ‘‘$72,000,000’’ On page 2612, line 6, insert ‘‘and’’ after the
of amounts appropriated under such section and insert ‘‘$70,000,000’’. semicolon.
602(a)(1) is less than $4,000,000,000. On page 2612, line 6, insert ‘‘and’’ after the On page 2612, line 10, strike ‘‘; and’’ and in-
(2) APPROPRIATION.—There is appro- semicolon. sert a period.
priated for an additional amount, out of On page 2612, line 10, strike ‘‘; and’’ and in- On page 2612, strike lines 11 through 13.
amounts in the Treasury not otherwise ap- sert a period.
propriated, for the fiscal year ending Sep- On page 2612, strike lines 11 through 13. SA 2416. Mrs. HYDE-SMITH sub-
tember 30, 2021, an amount equal to the mitted an amendment intended to be
amount rescinded under paragraph (1), to re- SA 2414. Mr. DAINES submitted an proposed to amendment SA 2137 pro-
main available until December 31, 2021, under amendment intended to be proposed to posed by Mr. SCHUMER (for Ms. SINEMA
the heading ‘‘Small Business Administra- amendment SA 2137 proposed by Mr. (for herself, Mr. PORTMAN, Mr.
tion—Shuttered Venue Operators’’, to make SCHUMER (for Ms. SINEMA (for herself, MANCHIN, Mr. CASSIDY, Mrs. SHAHEEN,
grants to service and support companies Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- Ms. COLLINS, Mr. TESTER, Ms. MUR-
under section 324 of the Economic Aid to SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. KOWSKI, Mr. WARNER, and Mr. ROMNEY))
Hard Hit Small Businesses, Nonprofits, and TESTER, Ms. MURKOWSKI, Mr. WARNER, to the bill H.R. 3684, to authorize funds
Venues Act (title III of division N of Public
and Mr. ROMNEY)) to the bill H.R. 3684, for Federal-aid highways, highway
Law 116-260), as amended by subsection (a).
(c) PROCESSING PREVIOUSLY DENIED APPLI- to authorize funds for Federal-aid high- safety programs, and transit programs,
CATIONS.—If a service and support company, ways, highway safety programs, and and for other purposes; which was or-
as defined in paragraph (11) of section 324(a) transit programs, and for other pur- dered to lie on the table; as follows:
of the Economic Aid to Hard-Hit Small Busi- poses; which was ordered to lie on the At the appropriate place in title I of divi-
nesses, Nonprofits, and Venues Act (title III table; as follows: sion E, insert the following:
of division N of Public Law 116–260), as added On page 1816, strike lines 1 through 12 and SEC. 501ll. EMERGENCY WATER INFRASTRUC-
by subsection (a), was denied a grant under TURE IMPROVEMENTS.
insert the following:
such section before the date of enactment of (a) ADDITIONAL ENVIRONMENTAL INFRA-
(2) $285,000,000 shall be made available to
this Act due to lack of eligibility but, as a STRUCTURE AUTHORITY.—Section 219(f)(167) of
provide to States and Indian Tribes for im-
result of the amendments made by sub- the Water Resources Development Act of
plementing restoration projects on Federal
section (a), is eligible for a grant under such 1992 (Public Law 102–580; 106 Stat. 4835; 113
land pursuant to good neighbor agreements
section, the Administrator of the Small Stat. 335; 121 Stat. 1263) is amended by strik-
entered into under section 8206 of the Agri- ing ‘‘$25,000,000’’ and inserting ‘‘$47,000,000’’.
Business Administration shall reconsider cultural Act of 2014 (16 U.S.C. 2113a) or agree-
and process the application of the service (b) SAFE DRINKING WATER INFRASTRUC-
ments entered into under section 2(b) of the TURE.—
and support company. Tribal Forest Protection Act of 2004 (25
(d) REGULATIONS.—Not later than 30 days (1) DEFINITIONS.—In this subsection:
U.S.C. 3115a(b)), of which— (A) ELIGIBLE STATE.—The term ‘‘eligible
after the date of enactment of this Act, the (A) $40,000,000 shall be made available to
Administrator of the Small Business Admin- State’’ means a State—
the Secretary of the Interior; and (i) for which the President has declared not
istration shall issue regulations to carry out (B) $245,000,000 shall be made available to
this Act and the amendments made by this fewer than 5 major disasters under the Rob-
the Secretary of Agriculture; ert T. Stafford Disaster Relief and Emer-
Act without regard to the notice require-
ments under section 553(b) of title 5, United gency Assistance Act (42 U.S.C. 5121 et seq.);
SA 2415. Mr. DAINES submitted an and
States Code. amendment intended to be proposed to
(e) SENSE OF CONGRESS.—It is the sense of (ii) in which public water systems suffered
Congress that the Administrator of the amendment SA 2137 proposed by Mr. major damage, as determined by the Admin-
Small Business Administration should— SCHUMER (for Ms. SINEMA (for herself, istrator, from Winter Storms Uri and Viola.
(1) issue guidance to ensure that entities Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- (B) ELIGIBLE SYSTEM.—The term ‘‘eligible
whose principal business is to provide serv- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. system’’ means a public water system that
has been subject to an emergency adminis-
ices and support to the live events industry TESTER, Ms. MURKOWSKI, Mr. WARNER, trative order pursuant to section 1431 of the
remain eligible for the program established and Mr. ROMNEY)) to the bill H.R. 3684, Safe Drinking Water Act (42 U.S.C. 300i) dur-
under section 324 of the Economic Aid to to authorize funds for Federal-aid high- ing calendar year 2020.
Hard Hit Small Businesses, Nonprofits, and
ways, highway safety programs, and (C) PUBLIC WATER SYSTEM.—The term ‘‘pub-
Venues Act (title III of division N of Public
Law 116–260); and transit programs, and for other pur- lic water system’’ has the meaning given the
poses; which was ordered to lie on the term in section 1401 of the Safe Drinking
(2) distribute funds appropriated for that
table; as follows: Water Act (42 U.S.C. 300f).
program not later than 120 days after the
(2) STATE REVOLVING LOAN FUND ASSIST-
date of enactment of this Act. On page 1816, strike lines 1 through 12 and
ANCE.—
insert the following: (A) IN GENERAL.—Notwithstanding any
SA 2413. Mr. DAINES submitted an (2) $285,000,000 shall be made available to other provision of law, an eligible system
amendment intended to be proposed to provide to States and Indian Tribes for im- shall be—
amendment SA 2137 proposed by Mr. plementing restoration projects on Federal (i) considered a disadvantaged community
SCHUMER (for Ms. SINEMA (for herself, land pursuant to good neighbor agreements for purposes of subsection (d) of section 1452
entered into under section 8206 of the Agri-
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- of the Safe Drinking Water Act (42 U.S.C.
cultural Act of 2014 (16 U.S.C. 2113a) or agree- 300j–12); and
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
ments entered into under section 2(b) of the (ii) eligible to receive the additional sub-
TESTER, Ms. MURKOWSKI, Mr. WARNER, Tribal Forest Protection Act of 2004 (25
and Mr. ROMNEY)) to the bill H.R. 3684, sidization described in paragraph (1) of that
U.S.C. 3115a(b)), of which— subsection, including the forgiveness of prin-
to authorize funds for Federal-aid high- (A) $40,000,000 shall be made available to cipal described in that paragraph.
ways, highway safety programs, and the Secretary of the Interior; and (B) AUTHORIZATION.—An eligible State may
transit programs, and for other pur- (B) $245,000,000 shall be made available to use funds made available under a capitaliza-
poses; which was ordered to lie on the the Secretary of Agriculture; tion grant provided under paragraph (3) to
On page 2553, line 5, strike ‘‘$585,000,000’’
table; as follows: and insert ‘‘$510,000,000’’.
provide the additional subsidization de-
On page 2553, line 5, strike ‘‘$585,000,000’’ scribed in subparagraph (A)(ii) to an eligible
On page 2553, line 8, strike ‘‘, of which’’ and
and insert ‘‘$510,000,000’’. system within the eligible State to address
all that follows through ‘‘established:’’ on
On page 2553, line 8, strike ‘‘, of which’’ and contaminants in drinking water, which may
line 12 and insert ‘‘: Provided further, That no
all that follows through ‘‘established:’’ on include the repair and replacement of water
funds made available under this Act shall be
line 12 and insert ‘‘: Provided further, That no distribution system components.
used for the breach or removal of a Federal
funds made available under this Act shall be (3) DRINKING WATER STATE REVOLVING
or non-Federal dam:’’.
used for the breach or removal of a Federal FUNDS.—
On page 2611, line 10, strike ‘‘$360,000,000’’
or non-Federal dam:’’. and insert ‘‘$350,000,000’’. (A) APPROPRIATION.—There is appropriated
On page 2611, line 10, strike ‘‘$360,000,000’’ On page 2611, line 11, strike ‘‘$72,000,000’’ to the Administrator, out of any funds of the
and insert ‘‘$350,000,000’’. and insert ‘‘$70,000,000’’. Treasury not otherwise appropriated,
On page 2611, line 11, strike ‘‘$72,000,000’’ On page 2611, line 13, strike ‘‘$72,000,000’’ $150,000,000 to provide additional capitaliza-
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and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. tion grants to eligible States pursuant to
On page 2611, line 13, strike ‘‘$72,000,000’’ On page 2611, line 15, strike ‘‘$72,000,000’’ section 1452 of the Safe Drinking Water Act
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. (42 U.S.C. 300j–12) for the purposes described
On page 2611, line 15, strike ‘‘$72,000,000’’ On page 2611, line 17, strike ‘‘$72,000,000’’ in paragraph (2)(B), to remain available until
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. expended.
On page 2611, line 17, strike ‘‘$72,000,000’’ On page 2611, line 19, strike ‘‘$72,000,000’’ (B) INTENDED USE PLANS.—Not later than 30
and insert ‘‘$70,000,000’’. and insert ‘‘$70,000,000’’. days after the date on which an eligible
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