Text of Senate Amendment 1385 (Congressional Record, Senate, March 5, 2021, page S1398)
Summary
Page S1398 of the Congressional Record, Senate, for March 5, 2021, printing amendments to SA 891, the Schumer substitute for H.R. 1319, the budget reconciliation bill, each ordered to lie on the table. SA 1385, submitted by Mr. Young, concerns unemployment compensation program integrity: a system designated by the Secretary of Labor for cross-matching claimants against databases to prevent and detect fraud and improper payments; comparing the directory of new hires and other wage sources against claimants to find those who have become employed; and, as a condition of grants to States and territories, use of the program integrity tools the Secretary specifies and user accessibility testing of new systems. The page also carries Mr. Young's amendment numbered 1384 on narcotic detection funding and Mr. Lee's amendment numbered 1382.
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“Text of Senate Amendment 1385 (Congressional Record, Senate, March 5, 2021, page S1398).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/text-of-senate-amendment-1385-congressional-record-senate-march-5-2021-11f318f62e/
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S1398 CONGRESSIONAL RECORD — SENATE March 5, 2021
any) that would have been provided to resi- until September 30, 2025, to acquire, deploy, uals claiming unemployment compensation
dents of such possession by reason of the pro- operate, and maintain chemical screening to identify any such individuals who may
visions of this section (other than this sub- devices to identify, in an operational envi- have become employed, in accordance with
section) with respect to section 32 of the In- ronment, synthetic opioids and other nar- any regulations or guidance that the Sec-
ternal Revenue Code of 1986 if a mirror code cotics at purity levels less than or equal to retary of Health and Human Services may
tax system had been in effect in such posses- 10 percent. issue.
sion. The preceding sentence shall not apply (b) USE OF FUNDS.—Amounts appropriated (B) Taking timely action to verify whether
unless the respective possession has a plan, under subsection (a) may also be used— the individuals identified are employed.
which has been approved by the Secretary of (1) to train users on the equipment de- (C) Taking appropriate action to suspend
the Treasury, under which such possession scribed in such subsection; or modify unemployment compensation pay-
will promptly distribute such payments to (2) to provide directors of ports of entry ments if the individuals identified are em-
its residents. with an alternate method for identifying ployed.
(3) MIRROR CODE TAX SYSTEM.—For pur- narcotics, including synthetic opioids, at (D) Initiating recovery of any improper un-
poses of this section, the term ‘‘mirror code lower purity levels; and employment compensation payments that
tax system’’ means, with respect to any pos- (3) to test any new chemical screening de- have been made.
session of the United States, the income tax vices to understand the abilities and limita- (d) RESTRICTIONS ON GRANTS TO STATES AND
system of such possession if the income tax tions of such devices relating to identifying TERRITORIES.—As a condition of receiving a
liability of the residents of such possession narcotics at various purity levels before U.S. grant under subsection (b)(3), the Secretary
under such system is determined by ref- Customs and Border Protection commits to may require that a State or territory receiv-
erence to the income tax laws of the United the acquisition of such devices. ing such a grant shall—
States as if such possession were the United (1) use such program integrity tools as the
States. SA 1384. Mr. YOUNG submitted an Secretary may specify; and
(4) TREATMENT OF PAYMENTS.—For pur- amendment intended to be proposed to (2) as directed by the Secretary, conduct
poses of section 1324 of title 31, United States amendment SA 891 proposed by Mr. user accessibility testing on any new system
Code, the payments under this section shall SCHUMER (for himself, Mr. WYDEN, Mrs. developed by the Secretary pursuant to sub-
be treated in the same manner as a refund MURRAY, Mr. BROWN, Mr. PETERS, Mr. section (b)(2).
due from a credit provision referred to in
CARDIN, Ms. CANTWELL, Ms. STABENOW, SA 1385. Mr. YOUNG submitted an
subsection (b)(2) of such section.
Mr. TESTER, Mr. MENENDEZ, Mr. amendment intended to be proposed to
SA 1382. Mr. LEE submitted an SCHATZ, Mr. CARPER, Mr. LEAHY, and amendment SA 891 proposed by Mr.
amendment intended to be proposed to Mr. SANDERS) to the bill H.R. 1319, to SCHUMER (for himself, Mr. WYDEN, Mrs.
amendment SA 891 proposed by Mr. provide for reconciliation pursuant to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. title II of S. Con. Res. 5; which was or- CARDIN, Ms. CANTWELL, Ms. STABENOW,
MURRAY, Mr. BROWN, Mr. PETERS, Mr. dered to lie on the table; as follows: Mr. TESTER, Mr. MENENDEZ, Mr.
CARDIN, Ms. CANTWELL, Ms. STABENOW, Strike section 9032 and insert the fol- SCHATZ, Mr. CARPER, Mr. LEAHY, and
Mr. TESTER, Mr. MENENDEZ, Mr. lowing:
Mr. SANDERS) to the bill H.R. 1319, to
SCHATZ, Mr. CARPER, Mr. LEAHY, and SEC. 9032. FUNDING FOR FRAUD PREVENTION,
EQUITABLE ACCESS, AND TIMELY provide for reconciliation pursuant to
Mr. SANDERS) to the bill H.R. 1319, to PAYMENT TO ELIGIBLE WORKERS. title II of S. Con. Res. 5; which was or-
provide for reconciliation pursuant to (a) IN GENERAL.—In addition to amounts dered to lie on the table; as follows:
title II of S. Con. Res. 5; which was or- otherwise available, there is appropriated to At the end of subtitle A of title IX, insert
dered to lie on the table; as follows: the Secretary of Labor for fiscal year 2021, the following:
Strike section 9013 and insert the fol- out of any money in the Treasury not other- PART 4—FRAUD PREVENTION
lowing: wise appropriated, $1,950,000,000, to remain
SEC. 9041. PROHIBITING INDIVIDUALS CON-
SEC. 9013. EXTENSION OF FEDERAL PANDEMIC available until expended, to detect and pre-
VICTED OF UNEMPLOYMENT INSUR-
UNEMPLOYMENT COMPENSATION. vent fraud, promote equitable access, and en- ANCE FRAUD FROM RECEIVING UN-
(a) IN GENERAL.—Section 2104(e)(2) of the sure the timely payment of benefits with re- EMPLOYMENT COMPENSATION
CARES Act (15 U.S.C. 9023(e)(2)) is amended spect to unemployment insurance programs, UNDER ANY STATE OR FEDERAL
by striking ‘‘March 14, 2021’’ and inserting including programs extended under this sub- PROGRAM FOR A PERIOD OF 10
title. YEARS.
‘‘September 6, 2021’’.
(b) AMOUNT.—Section 2104(b)(3)(A) of such (b) USE OF FUNDS.—Amounts made avail- In the case of an individual who is con-
Act (15 U.S.C. 9023(b)(3)(A)) is amended by able under subsection (a) may be used— victed of unemployment insurance fraud
adding at the end the following: (1) for Federal administrative costs related under any State or Federal program (includ-
‘‘(iii) For weeks of unemployment ending to the purposes described in subsection (a); ing programs extended under this subtitle)
after March 14, 2021, and ending on or before (2) for systemwide infrastructure invest- on or after the date of enactment of this Act,
April 30, 2021, $300. ment and development related to such pur- such individual shall be ineligible for unem-
‘‘(iv) For weeks of unemployment ending poses; and ployment compensation under any State or
after April 30, 2021, and ending on or before (3) to make grants to States or territories Federal program (including programs ex-
June 30, 2021, $200. administering unemployment insurance pro- tended under this subtitle) for a period of 10
‘‘(v) For weeks of unemployment ending grams described in subsection (a) for such years.
after June 30, 2021, and ending on or before purposes, including the establishment of pro-
September 6, 2021, $100.’’. cedures or the building of infrastructure to SA 1386. Mr. TUBERVILLE (for him-
verify or validate identity, implement Fed- self, Mr. GRAHAM, and Mr. MARSHALL)
SA 1383. Mr. YOUNG submitted an eral guidance regarding fraud detection and submitted an amendment intended to
amendment intended to be proposed to prevention, and accelerate claims processing be proposed to amendment SA 891 pro-
or process claims backlogs due to the pan-
amendment SA 891 proposed by Mr. demic.
posed by Mr. SCHUMER (for himself, Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. (c) RESERVATION OF FUNDS FOR SYSTEM IM- WYDEN, Mrs. MURRAY, Mr. BROWN, Mr.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. PROVEMENTS.—Of the amount appropriated PETERS, Mr. CARDIN, Ms. CANTWELL,
CARDIN, Ms. CANTWELL, Ms. STABENOW, under subsection (a), the Secretary shall re- Ms. STABENOW, Mr. TESTER, Mr.
Mr. TESTER, Mr. MENENDEZ, Mr. serve $100,000,000 to assist States in the fol- MENENDEZ, Mr. SCHATZ, Mr. CARPER,
SCHATZ, Mr. CARPER, Mr. LEAHY, and lowing activities: Mr. LEAHY, and Mr. SANDERS) to the
Mr. SANDERS) to the bill H.R. 1319, to (1) Improving States’ use of an automated bill H.R. 1319, to provide for reconcili-
electronic system for transmission of re-
provide for reconciliation pursuant to ation pursuant to title II of S. Con.
quests for information relating to unemploy-
title II of S. Con. Res. 5; which was or- ment compensation and the provision of such Res. 5; which was ordered to lie on the
dered to lie on the table; as follows: information between the State unemploy- table; as follows:
Strike section 4001 and insert the fol- ment agency and employers or their agents; At the end of part 1 of subtitle A of title II,
lowing: (2) Using a system designated by the Sec- add the following:
SEC. 4001. FUNDING FOR NARCOTIC AND OPIOID retary of Labor for cross-matching claimants SEC. 2014. RULE REGARDING ATHLETIC PRO-
ctelli on DSK11ZRN23PROD with SENATE
DETECTION. of unemployment compensation under State GRAMS OR ACTIVITIES.
(a) APPROPRIATION.—In addition to law against any databases in the system to As a condition of receiving funds under
amounts otherwise available, there is appro- prevent and detect fraud and improper pay- section 2001, 2003, or 2005, a State, local edu-
priated to U.S. Customs and Border Protec- ments. cational agency, or institution of higher edu-
tion for fiscal year 2021, out of any money in (3)(A) Comparing information in the Na- cation may not permit any student whose bi-
the Treasury not otherwise appropriated, tional Directory of New Hires or other wage ological sex (recognized based solely on a
$300,000,000, which shall remain available sources against information about individ- person’s reproductive biology and genetics at
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