Congressional Record, Senate, December 20, 2022, Page S9632 — Amendments to H.R. 2617
Summary
Page S9632 of the Senate section of the Congressional Record for December 20, 2022, in interleaved columns. SA 6559 from Mr. Johnson is an amendment intended to be proposed to SA 6552 proposed by Mr. Leahy to H.R. 2617, which amends section 1115 of title 31, United States Code, on how performance goals are achieved. Bill text covers EEOC rulemaking not later than 1 year after enactment, costs and fees and damages for persons alleging a practice, a reasonable accommodation requirement, and establishment of a National Commission on Fiscal responsibility with a final report due 1 year after members are appointed. A further provision bars funds from being used to terminate prohibitions on entry into the United States.
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“Congressional Record, Senate, December 20, 2022, Page S9632 — Amendments to H.R. 2617.”
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S9632 CONGRESSIONAL RECORD — SENATE December 20, 2022
(2) COSTS AND FEES.—The powers, remedies, formed the covered entity that accommoda- SA 6559. Mr. JOHNSON submitted an
and procedures provided in subsections (b) tion is needed, to identify and make a rea- amendment intended to be proposed to
and (c) of section 722 of the Revised Statutes sonable accommodation that would provide amendment SA 6552 proposed by Mr.
(42 U.S.C. 1988) shall be the powers, remedies, such employee with an equally effective op-
and procedures this division provides to the portunity and would not cause an undue
LEAHY to the bill H.R. 2617, to amend
Commission or any person alleging such hardship on the operation of the covered en- section 1115 of title 31, United States
practice. tity. Code, to amend the description of how
(3) DAMAGES.—The powers, remedies, and SEC. ll5. RULEMAKING. performance goals are achieved, and
procedures provided in section 1977A of the (a) EEOC RULEMAKING.—Not later than 1 for other purposes; which was ordered
Revised Statutes (42 U.S.C. 1981a), including year after the date of enactment of this Act, to lie on the table; as follows:
the limitations contained in subsection (b)(3) the Commission shall issue regulations in an On page 757, between lines 15 and 16, insert
of such section 1977A, shall be the powers, accessible format in accordance with sub- the following:
remedies, and procedures this division pro- chapter II of chapter 5 of title 5, United SEC. 550. (a) Except as provided in sub-
vides to the Commission or any person alleg- States Code, to carry out this division. Such section (b), none of the funds made available
ing such practice (not an employment prac- regulations shall provide examples of reason- under this division may be used by the De-
tice specifically excluded from coverage able accommodations addressing known lim- partment of Homeland Security—
under section 1977A(a)(1) of the Revised Stat- itations related to pregnancy, childbirth, or (1) to transport aliens who are unlawfully
utes (42 U.S.C. 1981a(a)(1))). related medical conditions. present in the United States; or
(e) EMPLOYEES COVERED BY SECTION 717 OF
(b) OCWR RULEMAKING.— (2) to award grants or contracts to third
THE CIVIL RIGHTS ACT OF 1964.—
(1) IN GENERAL.—Not later than 6 months parties to provide transportation within the
(1) IN GENERAL.—The powers, remedies, and
after the Commission issues regulations United States to aliens described in para-
procedures provided in section 717 of the
under subsection (a), the Board (as defined in graph (1).
Civil Rights Act of 1964 (42 U.S.C. 2000e–16) to
section 101 of the Congressional Account- (b) Funds made available under this divi-
the Commission, the Attorney General, the
ability Act of 1995 (2 U.S.C. 1301)) shall (in sion may be used by the Department of
Librarian of Congress, or any person alleging
accordance with section 304 of the Congres- Homeland Security—
a violation of that section shall be the pow-
sional Accountability Act of 1995 (2 U.S.C. (1) to return any alien who is unlawfully
ers, remedies, and procedures this division
1384)), issue regulations to implement the present in the United States to—
provides to the Commission, the Attorney
provisions of this division made applicable to (A) such alien’s country of origin;
General, the Librarian of Congress, or any
employees described in section ll2(3)(B), (B) Mexico; or
person, respectively, alleging an unlawful
under section ll4(b). (C) the first safe country through which
employment practice in violation of this di-
(2) PARALLEL WITH AGENCY REGULATIONS.— such alien traveled en route to the United
vision against an employee described in
The regulations issued under paragraph (1) States; or
llsection 2(3)(E), except as provided in
shall be the same as substantive regulations (2) to transport any such alien—
paragraphs (2) and (3) of this subsection.
issued by the Commission under subsection (A) to a Federal detention facility; or
(2) COSTS AND FEES.—The powers, remedies,
(a) except to the extent that the Board may (B) to a Federal courthouse or other Fed-
and procedures provided in subsections (b)
determine, for good cause shown and stated eral facility for an immigration proceeding.
and (c) of section 722 of the Revised Statutes
(42 U.S.C. 1988) shall be the powers, remedies,
together with the regulations issued under ---
paragraph (1) that a modification of such SA 6560. Mr. COTTON submitted an
and procedures this division provides to the
Commission, the Attorney General, the Li-
substantive regulations would be more effec- amendment intended to be proposed to
tive for the implementation of the rights and amendment SA 6552 proposed by Mr.
brarian of Congress, or any person alleging
protection under this division. LEAHY to the bill H.R. 2617, to amend
such practice.
(3) DAMAGES.—The powers, remedies, and SEC. ll6. WAIVER OF STATE IMMUNITY. section 1115 of title 31, United States
procedures provided in section 1977A of the A State shall not be immune under the Code, to amend the description of how
Revised Statutes (42 U.S.C. 1981a), including 11th Amendment to the Constitution from an performance goals are achieved, and
the limitations contained in subsection (b)(3) action in a Federal or State court of com-
petent jurisdiction for a violation of this di-
for other purposes; which was ordered
of such section 1977A, shall be the powers,
vision. In any action against a State for a to lie on the table; as follows:
remedies, and procedures this division pro-
vides to the Commission, the Attorney Gen- violation of this division, remedies (includ- At the appropriate place, insert the fol-
eral, the Librarian of Congress, or any per- ing remedies both at law and in equity) are lowing:
son alleging such practice (not an employ- available for such a violation to the same ex- SEC. lll. IMPROVEMENTS TO THE JUSTICE
tent as such remedies are available for such FOR UNITED STATES VICTIMS OF
ment practice specifically excluded from
a violation in an action against any public or STATE SPONSORED TERRORISM ACT.
coverage under section 1977A(a)(1) of the Re-
private entity other than a State. (a) SHORT TITLE.—This section may be
vised Statutes (42 U.S.C. 1981a(a)(1))).
(f) PROHIBITION AGAINST RETALIATION.— SEC. ll7. RELATIONSHIP TO OTHER LAWS. cited as the ‘‘Fairness for 9/11 Families Act’’.
(1) IN GENERAL.—No person shall discrimi- (b) IN GENERAL.—Section 404 of the Justice
(a) IN GENERAL.—Nothing in this division
nate against any employee because such em- for United States Victims of State Sponsored
shall be construed—
ployee has opposed any act or practice made Terrorism Act (34 U.S.C. 20144) is amended—
(1) to invalidate or limit the powers, rem-
unlawful by this division or because such (1) in subsection (b)—
edies, and procedures under any Federal law
employee made a charge, testified, assisted, (A) in paragraph (1)(B), in the first sen-
or law of any State or political subdivision
or participated in any manner in an inves- tence, by inserting ‘‘and during the 1-year
of any State or jurisdiction that provides
tigation, proceeding, or hearing under this period beginning on the date of enactment of
greater or equal protection for individuals
division. the Fairness for 9/11 Families Act, the Spe-
affected by pregnancy, childbirth, or related
(2) PROHIBITION AGAINST COERCION.—It shall cial Master may utilize an additional 5 full-
medical conditions; or
be unlawful to coerce, intimidate, threaten, time equivalent Department of Justice per-
(2) by regulation or otherwise, to require
or interfere with any individual in the exer- sonnel’’ before the period at the end; and
an employer-sponsored health plan to pay for
cise or enjoyment of, or on account of such (B) in paragraph (2)(A), by inserting ‘‘Not
or cover any particular item, procedure, or
individual having exercised or enjoyed, or on later than 30 days after the date of enact-
treatment or to affect any right or remedy
account of such individual having aided or ment of the Fairness for 9/11 Families Act,
available under any other Federal, State, or
encouraged any other individual in the exer- the Special Master shall update, as necessary
local law with respect to any such payment
cise or enjoyment of, any right granted or as a result of the enactment of such Act,
or coverage requirement.
protected by this division. such procedures and other guidance pre-
(b) RULE OF CONSTRUCTION.—This division
(3) REMEDY.—The remedies and procedures viously issued by the Special Master.’’ after
is subject to the applicability to religious
otherwise provided for under this section the period at the end of the second sentence;
employment set forth in section 702(a) of the
shall be available to aggrieved individuals (2) in subsection (c)(3)(A), by striking
Civil Rights Act of 1964 (42 U.S.C. 2000e–1(a)).
with respect to violations of this subsection. clause (ii) and inserting the following:
SEC. ll8. SEVERABILITY.
(g) LIMITATION.—Notwithstanding sub- ‘‘(ii) Not later than 90 days after the date
If any provision of this division or the ap- of obtaining a final judgment, with regard to
sections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3),
plication of that provision to particular per- a final judgment obtained on or after the
if an unlawful employment practice involves
sons or circumstances is held invalid or date of that publication, unless—
the provision of a reasonable accommodation
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pursuant to this division or regulations im- found to be unconstitutional, the remainder ‘‘(I) the final judgment was awarded to a
plementing this division, damages may not of this division and the application of that 9/11 victim, 9/11 spouse, or 9/11 dependent be-
be awarded under section 1977A of the Re- provision to other persons or circumstances fore the date of enactment of the United
vised Statutes (42 U.S.C. 1981a) if the covered shall not be affected. States Victims of State Sponsored Terrorism
entity demonstrates good faith efforts, in SEC. ll9. EFFECTIVE DATE. Fund Clarification Act, in which case such
consultation with the employee with known This division shall take effect on the date United States person shall have 90 days from
limitations related to pregnancy, childbirth, that is 180 days after the date of enactment the date of enactment of such Act to submit
or related medical conditions who has in- of this Act. an application for payment; or
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9633
‘‘(II) the final judgment was awarded to a propriations of the Senate, the Committee with or acting on behalf of, a state sponsor
1983 Beirut barracks bombing victim or a on the Judiciary and the Committee on Ap- of terrorism.’’;
1996 Khobar Towers bombing victim before propriations of the House of Representatives, (5) in subsection (g)(1), by striking
the date of enactment of the Fairness for and the Special Master a report that in- ‘‘(e)(2)(A)’’ and inserting ‘‘(e)(2)’’; and
9/11 Families Act, in which case such United cludes the determination of the Comptroller (6) in subsection (j), by adding at the end
States person shall have 180 days from the General on— the following:
date of enactment of such Act to submit an ‘‘(I) the amount of the proposed lump sum ‘‘(15) 1983 BEIRUT BARRACKS BOMBING VIC-
application for payment.’’; catch-up payment for each 1983 Beirut bar- TIM.—The term ‘1983 Beirut barracks bomb-
(3) in subsection (d)— racks bombing victim; ing victim’—
(A) in paragraph (3)(B), by adding at the ‘‘(II) the amount of the proposed lump sum ‘‘(A) means a plaintiff, or estate or suc-
end the following: catch-up payment for each 1996 Khobar Tow- cessor in interest thereof, who has an eligi-
‘‘(iii) For the purposes of clause (i), the cal- ers bombing victim; and ble claim under subsection (c) that arises out
culation of the total compensatory damages ‘‘(III) amount of lump sum catch-up pay- of the October 23, 1983, bombing of the
received or entitled or scheduled to be re- ments described in subclauses (I) and (II). United States Marine Corps barracks in Bei-
ceived by an applicant who is a 1983 Beirut ‘‘(iv) LUMP SUM CATCH-UP PAYMENT RESERVE rut, Lebanon; and
barracks bombing victim or a 1996 Khobar FUND.—
‘‘(B) includes a plaintiff, estate, or suc-
Towers bombing victim from any source ‘‘(I) IN GENERAL.—There is established cessor in interest described in subparagraph
other than the Fund shall include the total within the Fund a lump sum catch-up pay- (A) who is a judgment creditor in the pro-
amount received by the applicant as a result ceedings captioned Peterson v. Islamic Re-
ment reserve fund, to remain in reserve ex-
of or in connection with the proceedings cap- public of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or
cept in accordance with this subsection.
tioned Peterson v. Islamic Republic of Iran, a Settling Judgment Creditor as identified in
‘‘(II) AUTHORIZATION.—Not earlier than 90
No. 10 Vic. 4518 (S.D.N.Y.), or the proceedings the order dated May 27, 2014, in the pro-
days after the date on which the Comptroller
captioned In Re 650 Fifth Avenue & Related ceedings captioned In Re 650 Fifth Avenue &
General submits the report required under
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Related Properties, No. 08 Vic.10934 (S.D.N.Y.
clause (iii), and not later than 1 year after
Dec. 17, 2008), such that any such applicant filed Dec. 17, 2008).
such date, the Special Master shall authorize
who has received or is entitled or scheduled ‘‘(16) 1996 KHOBAR TOWERS BOMBING VIC-
to receive 30 percent or more of such appli- lump sum catch-up payments from the re-
TIM.—The term ‘1996 Khobar Towers bombing
cant’s compensatory damages judgment as a serve fund established under subclause (I) in
victim’—
result of or in connection with such pro- amounts equal to the amounts described in
‘‘(A) means a plaintiff, or estate or suc-
ceedings shall not receive any payment from subclauses (I) and (II) of clause (iii).
cessor in interest thereof, who has an eligi-
the Fund, except in accordance with the re- ‘‘(III) APPROPRIATIONS.—
ble claim under subsection (c) that arises out
quirements of clause (i), or as part of a lump- ‘‘(aa) IN GENERAL.—There are authorized to
of the June 25, 1996 bombing of the Khobar
sum catch-up payment in accordance with be appropriated and there are appropriated
Tower housing complex in Saudi Arabia; and
paragraph (4)(D).’’; and to the lump sum catch-up payment reserve
‘‘(B) includes a plaintiff, estate, or suc-
(B) in paragraph (4)— fund $3,000,000,000 to carry out this clause, to
cessor in interest described in subparagraph
(i) in subparagraph (A), by striking ‘‘(B) remain available until expended.
(A) who is a judgment creditor in the pro-
and (C)’’ and inserting ‘‘(B), (C), and (D)’’; ‘‘(bb) LIMITATION.—Except as provided in
ceedings captioned Peterson v. Islamic Re-
(ii) in subparagraph (C), by adding at the subclause (IV), amounts appropriated pursu-
public of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or
end the following: ant to item (aa) may not be used for a pur-
a Settling Judgment Creditor as identified in
‘‘(iv) AUTHORIZATION.— pose other than to make lump sum catch-up
the order dated May 27, 2014, in the pro-
‘‘(I) IN GENERAL.—The Special Master shall payments under this clause.
ceedings captioned In Re 650 Fifth Avenue &
authorize lump sum catch-up payments in ‘‘(IV) EXPIRATION.—
Related Properties, No. 08 Vic.10934 (S.D.N.Y.
amounts equal to the amounts described in ‘‘(aa) IN GENERAL.—The lump sum catch-up
filed Dec. 17, 2008).’’.
subclauses (I), (II), and (III) of clause (iii). payment reserve fund established by this (c) GAO REPORT ON FUNDING FOR THE
‘‘(II) APPROPRIATIONS.— clause shall be terminated not later than 1 UNITED STATES VICTIMS OF STATE SPONSORED
‘‘(aa) IN GENERAL.—There are authorized to year after the Special Master disperses all TERRORISM FUND.—Not later than 180 days
be appropriated and there are appropriated lump sum catch-up payments pursuant to after the date of enactment of this Act, the
to the Fund such sums as are necessary to subclause (II). Comptroller General of the United States
carry out this clause, to remain available ‘‘(bb) REMAINING AMOUNTS.—All amounts shall submit to Congress a report evaluating
until expended. remaining in the lump sum catch-up pay- ways to increase deposits into the United
‘‘(bb) LIMITATION.—Amounts appropriated ment reserve fund in excess of the amounts States Victims of State Sponsored Terrorism
pursuant to item (aa) may not be used for a described in subclauses (I) and (II) of clause Fund established under paragraph (1) of sec-
purpose other than to make lump sum catch- (iii) shall be deposited into the Fund under tion 404(e) of the Justice for United States
up payments under this clause.’’; and this section.’’; Victims of State Sponsored Terrorism Act
(iii) by adding at the end the following: (4) in subsection (e), by striking paragraph (34 U.S.C. 20144(e)) (in this subsection re-
‘‘(D) LUMP SUM CATCH-UP PAYMENTS FOR 1983 (2) and inserting the following: ferred to as the ‘‘Fund’’), including assessing
BEIRUT BARRACKS BOMBING VICTIMS AND 1996 ‘‘(2) DEPOSIT AND TRANSFER.—Beginning on the advisability and effect of—
KHOBAR TOWERS BOMBING VICTIMS.— the date of the enactment of this Act, the (1) expanding the scope of the criminal of-
‘‘(i) IN GENERAL.—Not later than 1 year following shall be deposited or transferred fenses for which funds, and the net proceeds
after the date of enactment of the Fairness into the Fund for distribution under this sec- from the sale of property, forfeited or paid to
for 9/11 Families Act, and in accordance with tion: the United States are deposited in the Fund
clauses (i) and (ii) of paragraph (3)(A), the ‘‘(A) CRIMINAL FUNDS AND PROPERTY.—All under paragraph (2)(A) of such section, as
Comptroller General of the United States funds, and the net proceeds from the sale of amended by this section;
shall conduct an audit and publish in the property, forfeited or paid to the United (2) expanding the scope of the civil pen-
Federal Register a notice of proposed lump States after the date of enactment of this alties or fines for which funds, and the net
sum catch-up payments to the 1983 Beirut Act as a criminal penalty or fine arising proceeds from the sale of property, forfeited
barracks bombing victims and the 1996 from a violation of any license, order, regu- or paid to the United States are deposited in
Khobar Towers bombing victims who have lation, or prohibition issued under the Inter- the Fund under paragraph (2)(B) of such sec-
submitted applications in accordance with national Emergency Economic Powers Act tion, as amended by this section, to include
subsection (c)(3)(A)(ii)(II) on or after such (50 U.S.C. 1701 et seq.) or the Trading with civil penalties or fines imposed, including as
date of enactment, in amounts that, after re- the Enemy Act (50 U.S.C. App. 1 et seq.), or part of a settlement agreement, on an entity
ceiving the lump sum catch-up payments, any related criminal conspiracy, scheme, or for providing material support to an organi-
would result in the percentage of the claims other Federal offense arising from the ac- zation designated as a foreign terrorist orga-
of such victims received from the Fund being tions of, or doing business with or acting on nization under section 219 of the Immigra-
equal to the percentage of the claims of non- behalf of, a state sponsor of terrorism. tion and Nationality Act (8 U.S.C. 1189); and
9/11 victims of state sponsored terrorism re- ‘‘(B) CIVIL FUNDS AND PROPERTY.—Seventy- (3) increasing to 100 percent the percentage
ceived from the Fund, as of such date of en- five percent of all funds, and seventy-five of funds, and the net proceeds from the sale
actment. percent of the net proceeds from the sale of of property, forfeited or paid to the United
‘‘(ii) PUBLIC COMMENT.—The Comptroller property, forfeited or paid to the United States as a civil penalty or fine that are de-
General shall provide an opportunity for States after the date of enactment of this posited in the Fund under paragraph
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public comment for a 30-day period begin- Act as a civil penalty or fine arising from a (2)(A)(ii) of such section, as amended by this
ning on the date on which the notice is pub- violation of any license, order, regulation, or section.
lished under clause (i). prohibition issued under the International (d) RESCISSIONS.—
‘‘(iii) REPORT.—Not later than 30 days after Emergency Economic Powers Act (50 U.S.C. (1) BUSINESS LOANS PROGRAM ACCOUNT.—Of
the expiration of the comment period in 1701 et seq.) or the Trading with the Enemy the unobligated balances of amounts made
clause (ii), the Comptroller General of the Act (50 U.S.C. App. 1 et seq.), or any related available under the heading ‘‘Small Business
United States shall submit to the Committee conspiracy, scheme, or other Federal offense Administration—Business Loans Program
on the Judiciary and the Committee on Ap- arising from the actions of, or doing business Account, CARES Act’’, for carrying out
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S9634 CONGRESSIONAL RECORD — SENATE December 20, 2022
paragraphs (36) and (37) of section 7(a) of the and 365 of the Public Health Service Act (42 Responsibility and Reform established under
Small Business Act (15 U.S.C. 636(a)), U.S.C. 265 and 268) as a result of the public paragraph (2).
$4,954,772,000 are hereby rescinded. health emergency relating to the (B) FEDERAL AGENCY.—The term ‘‘Federal
(2) SHUTTERED VENUE OPERATORS GRANT.— Coronavirus Disease 2019 (COVID-19) pan- agency’’ means an establishment in the exec-
Of the unobligated balances of amounts demic declared under section 319 of such Act utive, legislative, or judicial branch of the
made available under the heading ‘‘Small (42 U.S.C. 247d) on January 31, 2020 (popularly Federal Government.
Business Administration—Shuttered Venue known as ‘‘Title 42’’). (2) ESTABLISHMENT.—Not later than 30 days
Operators’’, for carrying out section 324 of after the date of the enactment of this Act,
division N of the Consolidated Appropria- SA 6564. Mr. LEE (for himself, Mr. there shall be established within the legisla-
tions Act, 2021 (15 U.S.C. 9009a), $459,000,000 SCOTT of Florida, Mr. BRAUN, and Mr. tive branch a commission to be known as the
are hereby rescinded. JOHNSON) submitted an amendment in- National Commission on Fiscal Responsi-
(3) AVIATION MANUFACTURING PAYROLL SUP- tended to be proposed by him to the bility and Reform.
PORT PROGRAM.—Of the unobligated balances (3) MEMBERSHIP.—
of amounts made available under section 7202
bill H.R. 2617, to amend section 1115 of
title 31, United States Code, to amend (A) COMPOSITION OF COMMISSION.—The Com-
of the American Rescue Plan Act of 2021 (15 mission shall be composed of 18 members, of
U.S.C. 9132), $568,228,000 are hereby rescinded. the description of how performance
whom—
goals are achieved, and for other pur- (i) 6 shall be appointed by the President, of
SA 6561. Mr. PAUL submitted an poses; which was ordered to lie on the whom not more than 3 shall be from the
amendment intended to be proposed to table; as follows: same political party;
amendment SA 6552 proposed by Mr. At the appropriate place, insert the fol- (ii) 3 shall be appointed by the majority
LEAHY to the bill H.R. 2617, to amend lowing: leader of the Senate, from among current
section 1115 of title 31, United States SEC. lll. None of the amounts appro- Members of the Senate;
Code, to amend the description of how priated or otherwise made available for the (iii) 3 shall be appointed by the Speaker of
performance goals are achieved, and Office of the Executive Secretary of the De- the House of Representatives, from among
for other purposes; which was ordered partment of Homeland Security under this current Members of the House of Representa-
Act may be obligated or expended until the tives;
to lie on the table; as follows:
prohibitions on entry into the United States (iv) 3 shall be appointed by the minority
At the appropriate place, insert the fol- set forth in the order of suspension issued leader of the Senate, from among current
lowing: pursuant to sections 362 and 365 of the Public Members of the Senate; and
SEC. lll. VOTING THRESHOLD FOR BUDGET Health Service Act (42 U.S.C. 265 and 268) as (v) 3 shall be appointed by the minority
POINTS OF ORDER.
a result of the public health emergency re- leader of the House of Representatives, from
(a) DEFINITION.—In this section, the term lating to the Coronavirus Disease 2019 among current Members of the House of Rep-
‘‘covered point of order’’ means a point of (COVID-19) pandemic declared under section resentatives.
order under the Congressional Budget Act of 319 of such Act (42 U.S.C. 247d) on January 31, (B) INITIAL APPOINTMENTS.—Not later than
1974 (2 U.S.C. 621 et seq.), the Balanced Budg- 2020 (popularly known as ‘‘Title 42’’), are re- 60 days after the date on which the Commis-
et and Emergency Deficit Control Act of 1985 instated. sion is established, initial appointments to
(2 U.S.C. 900 et seq.), the Statutory Pay-As-
the Commission shall be made.
You-Go Act of 2010 (2 U.S.C. 931 et seq.), or a SA 6565. Mr. LEE (for himself, Mr. (C) VACANCY.—A vacancy on the Commis-
concurrent resolution on the budget.
(b) VOTING THRESHOLD.—In the Senate—
SCOTT of Florida, Mr. BRAUN, and Mr. sion shall be filled in the same manner as the
(1) a covered point of order may be waived JOHNSON) submitted an amendment in- initial appointment.
only by the affirmative vote of two-thirds of tended to be proposed by him to the (4) CO-CHAIRPERSONS.—From among the
the Members, duly chosen and sworn; and bill H.R. 2617, to amend section 1115 of members appointed under paragraph (3), the
(2) an affirmative vote of two-thirds of the title 31, United States Code, to amend President shall designate 2 members, who
Members, duly chosen and sworn, shall be re- shall not be of the same political party, to
the description of how performance
quired to sustain an appeal of the ruling of serve as co-chairpersons of the Commission.
goals are achieved, and for other pur- (5) QUALIFICATIONS.—Members appointed to
the Chair on a covered point of order. poses; which was ordered to lie on the the Commission shall have significant depth
SA 6562. Mr. LEE submitted an table; as follows: of experience and responsibilities in matters
amendment intended to be proposed by At the appropriate place, insert the fol- relating to—
him to the bill H.R. 2617, to amend sec- lowing: (A) government service;
SEC. lll. None of the amounts appro- (B) fiscal policy;
tion 1115 of title 31, United States (C) economics;
priated or otherwise made available for the
Code, to amend the description of how Office of the Secretary of Homeland Security (D) Federal agency management or private
performance goals are achieved, and under this Act may be obligated or expended sector management;
for other purposes; which was ordered until the prohibitions on entry into the (E) public administration; and
to lie on the table; as follows: United States set forth in the order of sus- (F) law.
On page 410, after line 25, add the fol- pension issued pursuant to sections 362 and (6) DUTIES.—
lowing: 365 of the Public Health Service Act (42 (A) IN GENERAL.—The Commission shall
SEC. 8145. The Secretary of Defense shall, U.S.C. 265 and 268) as a result of the public identify policies to—
notwithstanding any provision of the De- health emergency relating to the (i) improve the fiscal situation of the Fed-
partment of Defense Financial Management Coronavirus Disease 2019 (COVID-19) pan- eral Government in the medium term; and
Regulation, direct the Secretary of the Navy demic declared under section 319 of such Act (ii) achieve fiscal sustainability of the Fed-
to continue to provide pay and benefits to (42 U.S.C. 247d) on January 31, 2020 (popularly eral Government in the long term.
Lieutenant Ridge Alkonis until such time as known as ‘‘Title 42’’), are reinstated. (B) REQUIREMENTS.—In carrying out sub-
the Secretary of the Navy makes a deter- paragraph (A), the Commission shall—
mination with respect to the separation of SA 6566. Ms. LUMMIS submitted an (i) propose recommendations designed to
Lieutenant Alkonis from the Navy. amendment intended to be proposed to balance the budget of the Federal Govern-
amendment SA 6552 proposed by Mr. ment, excluding interest payments on the
SA 6563. Mr. LEE (for himself, Mr. LEAHY to the bill H.R. 2617, to amend public debt, by the date that is 10 years after
SCOTT of Florida, Mr. BRAUN, and Mr. section 1115 of title 31, United States the date on which the Commission is estab-
JOHNSON) submitted an amendment in- Code, to amend the description of how lished, in order to stabilize the ratio of the
tended to be proposed to amendment public debt to the gross domestic product of
performance goals are achieved, and the United States at an acceptable level; and
SA 6552 proposed by Mr. LEAHY to the for other purposes; which was ordered
bill H.R. 2617, to amend section 1115 of (ii) propose recommendations that mean-
to lie on the table; as follows: ingfully improve the long-term fiscal out-
title 31, United States Code, to amend look of the Federal Government, including
At the appropriate place, insert the fol-
the description of how performance lowing: changes to address the growth of entitlement
goals are achieved, and for other pur- SEC. lll. NATIONAL COMMISSION ON FISCAL spending and the gap between the projected
rfrederick on DSKB3L4F33PROD with SENATE
poses; which was ordered to lie on the RESPONSIBILITY AND REFORM. revenues and expenditures of the Federal
table; as follows: (a) SHORT TITLE.—This section may be Government.
On page 757, between lines 15 and 16, insert cited as the ‘‘Sustainable Budget Act of (7) REPORTS AND PROPOSED JOINT RESOLU-
the following: 2022’’. TION.—
SEC. 550. None of the funds provided by this (b) ESTABLISHMENT OF COMMISSION.— (A) IN GENERAL.—
Act may be obligated or expended to termi- (1) DEFINITIONS.—In this subsection: (i) FINAL REPORT.—Not later than 1 year
nate the prohibitions on entry into the (A) COMMISSION.—The term ‘‘Commission’’ after the date on which all members of the
United States issued pursuant to sections 362 means the National Commission on Fiscal Commission are appointed under paragraph
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