[Congressional Record Volume 166, Number 140 (Thursday, August 6, 2020)]
[Senate]
[Pages S5299-S5345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2595. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND 
                   RANCHERS UNDER THE PAYCHECK PROTECTION PROGRAM.

       Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) is amended--
       (1) in subparagraph (E), in the matter preceding clause 
     (i), by striking ``During'' and inserting ``Except as 
     provided in subparagraph (T), during''; and
       (2) by adding at the end the following:
       ``(T) Calculation of maximum loan amount for farmers and 
     ranchers.--
       ``(i) Definition.--In this subparagraph, the term `covered 
     recipient' means an eligible recipient that--

       ``(I) operates as a sole proprietorship or as an 
     independent contractor, or is an eligible self-employed 
     individual;
       ``(II) reports farm income or expenses on a Schedule F (or 
     any equivalent successor schedule); and
       ``(III) was in business during the period beginning on 
     February 15, 2019, and ending on June 30, 2019.

       ``(ii) No employees.--With respect to covered recipient 
     without employees, the maximum covered loan amount shall be 
     the lesser of--

       ``(I) the sum of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the gross income of the covered recipient in 2019, 
     as reported on a Schedule F (or any equivalent successor 
     schedule), that is not more than $100,000, divided by 12; and

[[Page S5300]]

       ``(BB) 2.5; and
       ``(bb) the outstanding amount of a loan under subsection 
     (b)(2) that was made during the period beginning on January 
     31, 2020, and ending on April 3, 2020, that the borrower 
     intends to refinance under the covered loan, not including 
     any amount of any advance under the loan that is not required 
     to be repaid; or

       ``(II) $2,000,000.

       ``(iii) With employees.--With respect to a covered 
     recipient with employees, the maximum covered loan amount 
     shall be calculated using the formula described in 
     subparagraph (E), except that the gross income of the covered 
     recipient described in clause (ii)(I)(aa)(AA) of this 
     subparagraph, as divided by 12, shall be added to the sum 
     calculated under subparagraph (E)(i)(I).
       ``(iv) Recalculation.--A lender that made a covered loan to 
     a covered recipient before the date of enactment of this 
     subparagraph may, at the request of the covered recipient--

       ``(I) recalculate the maximum loan amount applicable to 
     that covered loan based on the formula described in clause 
     (ii) or (iii), as applicable, if doing so would result in a 
     larger covered loan amount; and
       ``(II) provide the covered recipient with additional 
     covered loan amounts based on that recalculation.''.

                                 ______
                                 
  SA 2596. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EXTENDED AVAILABILITY FOR CORONAVIRUS RELIEF FUND 
                   PAYMENTS USED IN ACCORDANCE WITH A QUALIFYING 
                   ECONOMIC DEVELOPMENT PLAN.

       Section 601(d) of the Social Security Act (42 U.S.C. 
     801(d)) is amended to read as follows:
       ``(d) Use of Funds; Availability.--
       ``(1) In general.--A State, Tribal government, and unit of 
     local government shall use the funds provided under a payment 
     made under this section to cover only those costs of the 
     State, Tribal government, or unit of local government that--
       ``(A) are necessary expenditures incurred due to the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19);
       ``(B) were not accounted for in the budget most recently 
     approved as of the date of enactment of this section for the 
     State or government; and
       ``(C) subject to paragraph (2), were incurred during the 
     period that begins on March 1, 2020, and ends on December 30, 
     2020.
       ``(2) Extended availability for funds used in accordance 
     with a qualifying economic development plan.--
       ``(A) In general.--Notwithstanding subparagraph (C) of 
     paragraph (1), funds provided under a payment made under this 
     section shall remain available to a State, Tribal government, 
     or unit of local government until December 31, 2022, for 
     obligation by the State or government--
       ``(i) for costs of the State or government that--

       ``(I) are necessary expenditures incurred due to the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19); and
       ``(II) were not accounted for in the budget most recently 
     approved as of the date of enactment of this section for the 
     State or government; and

       ``(ii) in accordance with a qualifying economic development 
     plan.
       ``(B) Availability.--Any funds obligated under subparagraph 
     (A) as of the date specified in such subparagraph shall 
     remain available until expended.
       ``(C) Certification requirement.--In order to use funds 
     provided under a payment under this section in accordance 
     with this paragraph, a State, Tribal government, or unit of 
     local government shall provide the Secretary with a 
     certification signed by the Chief Executive of the State or 
     government that the proposed uses of the funds under the 
     qualifying economic development plan are consistent with the 
     requirements of subparagraph (A)(i).
       ``(D) Qualifying economic development plan.--For purposes 
     of subparagraph (A), the term `qualifying economic 
     development plan' means, with respect to a State or 
     government, a plan for using funds paid or distributed to the 
     State or government under this section to respond to the 
     COVID-19 public health emergency that is approved by the 
     State or the governing board of a university before December 
     30, 2020.''.
                                 ______
                                 
  SA 2597. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed to amendment SA 2499 proposed by Mr. McConnell to the 
bill S. 178, to condemn gross human rights violations of ethnic Turkic 
Muslims in Xinjiang, and calling for an end to arbitrary detention, 
torture, and harassment of these communities inside and outside China; 
which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. DIRECT APPROPRIATION TO MBDA.

       (a) Definition.--In this section, the term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       (b) Appropriation.--There is appropriated, out of amounts 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2020, $10,000,000 under the heading 
     ``Department of Commerce--Minority Business Development 
     Agency'' for minority business centers of the Minority 
     Business Development Agency of the Department of Commerce to 
     provide technical assistance to small business concerns.
       (c) Emergency Designation.--
       (1) In general.--The amounts provided under this section 
     are designated as an emergency requirement pursuant to 
     section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, this section is 
     designated as an emergency requirement pursuant to section 
     4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
     resolution on the budget for fiscal year 2018.
                                 ______
                                 
  SA 2598. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF PPP LOANS FOR SUPPLIER COSTS.

       (a) In General.--Section 7(a)(36)(F)(i) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended--
       (1) in subclause (VI), by striking ``and'' at the end;
       (2) in subclause (VII), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VIII) covered supplier costs, as defined in section 
     1106(a) of the CARES Act (15 U.S.C. 9005(a)).''.

       (b) Loan Forgiveness.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (5), (6), (7), and (8) as 
     paragraphs (6), (7), (8), and (9), respectively;
       (B) by inserting after paragraph (4) the following:
       ``(5) the term `covered supplier cost' means an expenditure 
     made by an entity to a supplier of goods pursuant to a 
     contract in effect before February 15, 2020 for the supply of 
     goods that are essential to the operations of the entity at 
     the time at which the expenditure is made;'';
       (C) in paragraph (8), as so redesignated--
       (i) in subparagraph (C), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(E) covered supplier costs; and'';
       (2) in subsection (b) by adding at the end the following:
       ``(5) Any covered supplier cost.'';
       (3) in subsection (d)(8), by inserting ``any payment on any 
     covered supplier cost,'' after ``rent obligation,''; and
       (4) in subsection (e)--
       (A) in paragraph (2), by inserting ``payments on covered 
     supplier costs'' after ``lease obligations,''; and
       (B) in paragraph (3)(B), by inserting ``make payments on 
     covered supplier costs,'' after ``rent obligation,''.
       (c) Effective Date; Applicability.--The amendments made by 
     section shall be effective as if included in the CARES Act 
     (Public Law 116-136) and shall apply to any loan made 
     pursuant to section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)).
                                 ______
                                 
  SA 2599. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. ELIMINATION OF MAINTENANCE OF EFFORT REQUIREMENTS.

       (a) In General.--Section 6008 of the Families First 
     Coronavirus Response Act (Public Law 116-127) is amended--
       (1) in subsection (b), by striking ``with respect to a 
     quarter'' and all that follows through ``the State does not'' 
     and inserting ``with respect to a quarter, if the State does 
     not''; and
       (2) by striking subsection (d).
       (b) Effective Date.--The amendment made by subsection 
     (a)(1) shall take effect as if included in the enactment of 
     the Families First Coronavirus Response Act (Public Law 116-
     127).
                                 ______
                                 
  SA 2600. Mr. LEE submitted an amendment intended to be proposed to

[[Page S5301]]

amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. STATE VALIDATION AND APPROVAL OF IN VITRO DIAGNOSTIC 
                   TESTS.

       (a) In General.--Notwithstanding any other provision of 
     law, including any provision of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.) or section 353 of the 
     Public Health Service Act (42 U.S.C. 263a), a State may 
     validate and approve for use in the State an in vitro 
     diagnostic test (as defined in section 809.3 of title 21, 
     Code of Federal Regulations (or successor regulations)), for 
     use and distribution within the applicable State only, in 
     accordance with such processes and standards as the State may 
     require.
       (b) No Requirement to Notify FDA.--The manufacturer of an 
     in vitro diagnostic test validated and approved by a State 
     under subsection (a) shall not be required, with respect to 
     the use of such test in such State, to notify the Food and 
     Drug Administration, receive approval from the Food and Drug 
     Administration, or report results to the Food and Drug 
     Administration.
       (c) No Applicability of CLIA Requirement.--The requirements 
     of section 353 of the Public Health Service Act (42 U.S.C. 
     263a) shall not apply with respect to a test validated and 
     approved by a State, to the extent such test is used only 
     within that State.
                                 ______
                                 
  SA 2601. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. MAIN STREET LENDING PROGRAM.

       (a) In General.--Not later than 7 days after the date of 
     enactment of this Act, the Board of Governors of the Federal 
     Reserve System shall make the following changes to the Main 
     Street Lending Program established by the Board of Governors:
       (1) Eliminate any minimum loan amount under the Program.
       (2) Eliminate any servicing fee imposed on a lender with 
     respect to the initiation or purchase of any loan under the 
     Program.
       (3) Provide that--
       (A) there shall not be a minimum interest rate for any loan 
     covered under the Program; and
       (B) the Board of Governors may establish a maximum interest 
     rate for any loan covered under the Program.
       (b) Transfer of Appropriations.--
       (1) Transfer.--Effective on the date that is 7 days after 
     the date of enactment of this Act, and notwithstanding any 
     other provision of law, the Secretary of the Treasury shall 
     transfer to the fund established under section 5302(a)(1) of 
     title 31, United States Code, from the unobligated balances 
     of the amounts made available under section 1107(a)(1) of the 
     CARES Act (15 U.S.C. 9006(a)(1)), the lesser of the amount of 
     such unobligated balances or $6,000,000,000.
       (2) Characteristics of transferred amounts.--The amounts 
     transferred under paragraph (1)--
       (A) notwithstanding section 5302(a)(1) of title 31, United 
     States Code, shall be available to the Secretary of the 
     Treasury, without further appropriation, to, in accordance 
     with the changes made by subsection (a), make loans, loan 
     guarantees, and other investments under the Main Street 
     Lending Program established by the Board of Governors of the 
     Federal Reserve System; and
       (B) shall remain available until January 1, 2026.
                                 ______
                                 
  SA 2602. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. STUDY, REPORT, AND MODELING TOOL RELATING TO THE 
                   TAX EQUIVALENT AMOUNT OF PAYMENTS UNDER THE 
                   PAYMENT IN LIEU OF TAXES PROGRAM.

       (a) Findings.--Congress finds that--
       (1) Congress agreed with recommendations of a Federal 
     commission that, if Federal land is to be retained by the 
     Federal Government and not contribute to the tax bases of the 
     local governments within the jurisdictions of which the land 
     is located, compensation should be offered to those local 
     governments to make up for the presence of nontaxable land 
     within the jurisdictions of those local governments;
       (2) local governments rely on the stability of property tax 
     revenues, but no precise figure can be given in advance for 
     the authorization level of the payment in lieu of taxes 
     program;
       (3) Federal agencies have determined that payments to local 
     governments under the payment in lieu of taxes program are 
     far lower than what would be due to local governments under 
     tax equivalency;
       (4) payments under the payment in lieu of taxes program 
     help local governments carry out vital services, such as 
     firefighting, police protection, public education, 
     construction of public schools, construction of roads, and 
     search-and-rescue operations; and
       (5) the technology exists to more accurately determine what 
     the taxable value of land held by the Federal Government 
     would be if that land were taxable by local governments.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal Government should--
       (1) determine the amount that payments under the payment in 
     lieu of taxes program would be if those payments were 
     equivalent to the tax revenues that local governments would 
     otherwise receive for the same land; and
       (2) compensate those local governments accordingly.
       (c) Definitions.--In this section:
       (1) Payment in lieu of taxes program.--The term ``payment 
     in lieu of taxes program'' means the payment in lieu of taxes 
     program established under chapter 69 of title 31, United 
     States Code.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tax equivalent amount.--The term ``tax equivalent 
     amount'', with respect to payments under the payment in lieu 
     of taxes program, means the amount of property tax revenues 
     that would be generated for local governments (including the 
     tax revenues of States, counties, cities, and other taxing 
     jurisdictions, as applicable) for the Federal land eligible 
     for those payments if that land were privately owned.
       (d) Study, Report, and Model on Tax Equivalent Amount of 
     PILT Payments.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of Agriculture and the head of any other 
     Federal agency that the Secretary determines to be 
     appropriate, shall--
       (A) conduct a study--
       (i) to evaluate all land eligible for payments under the 
     payment in lieu of taxes program as of the date of enactment 
     of this Act;
       (ii) to determine the market value of that land in a fair 
     and open market; and
       (iii) to determine the tax equivalent amount of payments 
     under the payment in lieu of taxes program for that land;
       (B) submit to Congress and make publicly available a report 
     describing--
       (i) the results of the study conducted under subparagraph 
     (A); and
       (ii) how payments under the payment in lieu of taxes 
     program could more accurately reflect the tax equivalent 
     amount; and
       (C) develop a modeling tool that--
       (i) accounts for reasonable and customary valuation factors 
     and assumptions; and
       (ii) calculates, in a timely manner, for every acre of 
     Federal land eligible for payments under the payment in lieu 
     of taxes program--

       (I) the market value of that land; and
       (II) the tax equivalent amount of payments under the 
     payment in lieu of taxes program for that land.

       (2) Requirements.--
       (A) Study.--In conducting the study under paragraph (1)(A), 
     the Secretary shall consider any studies conducted by States, 
     counties, or other taxing jurisdictions pertaining to the tax 
     equivalent amount of payments under the payment in lieu of 
     taxes program.
       (B) Modeling tool.--The modeling tool developed under 
     paragraph (1)(C) shall--
       (i) accurately calculate, in real time, the market value of 
     every acre of Federal land in the United States;
       (ii) enable an employee or agent of the Department of the 
     Interior to manually modify factors relating to the valuation 
     model used by the modeling tool to calculate, in real time, 
     the market value of Federal land based on new assumptions 
     relating to that land;
       (iii) provide technical anchors relating to market data--

       (I) to ensure the ongoing integrity of the modeling tool; 
     and
       (II) to ensure that the land values determined by the 
     modeling tool are defensible and based on sound and generally 
     accepted valuation methodologies;

       (iv) assimilate, in a visual interface--

       (I) market data, including the availability of mineral 
     extraction, energy production, water management, timber 
     management, agricultural uses, and recreational uses with 
     respect to the applicable land; and
       (II) geographic information systems (commonly known as 
     ``GIS'') data relating to all Federal land eligible for 
     payments under the payment in lieu of taxes program;

       (v) tie the model used by the tool to market sources, 
     allowing the model to automatically adjust and reflect 
     current market conditions; and
       (vi) allow a user of the modeling tool--

[[Page S5302]]

       (I) to estimate the value of Federal land as that land is 
     currently used; and
       (II) to estimate changes in that value due to future uses 
     under various scenarios under private or public ownership.

       (3) Contracts and consultants.--The Secretary may contract 
     or consult with any public or private entity to analyze data, 
     conduct research, or develop a model that would contribute to 
     the report and modeling tool developed by the Secretary under 
     this subsection.
                                 ______
                                 
  SA 2603. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        Beginning on page 2, strike line 13 and all that follows 
     through page 5, line 18, and insert the following:
       ``(3) Amount of federal pandemic unemployment 
     compensation.--
       ``(A) In general.--The amount specified in this paragraph 
     is the following amount with respect to an individual:
       ``(i) For weeks of unemployment beginning after the date on 
     which an agreement is entered into under this section and 
     ending on or before July 31, 2020, $600.
       ``(ii) For weeks of unemployment beginning after the last 
     week under clause (i) and ending before December 31, 2020, an 
     amount equal to one of the following, as determined by the 
     State for all individuals:

       ``(I) The applicable flat option amount described in 
     subparagraph (D).
       ``(II) An amount (not to exceed the applicable cap amount 
     described in subparagraph (D)) equal to--

       ``(aa) two-thirds of the individual's average weekly wages; 
     minus
       ``(bb) the individual's base amount (determined prior to 
     any reductions or offsets).
       ``(B) Base amount.--For purposes of this paragraph, the 
     term `base amount' means, with respect to an individual, an 
     amount equal to--
       ``(i) for weeks of unemployment under the pandemic 
     unemployment assistance program under section 2102, the 
     amount determined under subsection (d)(1)(A)(i) or (d)(2) of 
     such section 2102, as applicable; or
       ``(ii) for all other weeks of unemployment, the amount 
     determined under paragraph (1)(A) of this subsection.
       ``(C) Average weekly wages.--
       ``(i) In general.--Subject to clause (ii), for purposes of 
     this paragraph, the term `average weekly wages' means, with 
     respect to an individual, the following:

       ``(I) If the State computes the individual weekly 
     unemployment compensation benefit amount based on an 
     individual's average weekly wages in a base period, an amount 
     equal to the individual's average weekly wages used in such 
     computation.
       ``(II) If the State computes the individual weekly 
     unemployment compensation benefit amount based on high 
     quarter wages or a formula using wages across some but not 
     all quarters in a base period, an amount equal to \1/13\ of 
     such high quarter wages or average wages of the applicable 
     quarters used in the computation for the individual.
       ``(III) If the State uses computations other than the 
     computations under subclause (I) or (II) for the individual 
     weekly unemployment compensation benefit amount, or for 
     computations of the weekly benefit amount under the pandemic 
     unemployment assistance program under section 2102, as 
     described in subsection (d)(1)(A)(i) or (d)(2) of such 
     section 2102, for which subclause (I) or (II) do not apply, 
     an amount equal to \1/52\ of the sum of all base period 
     wages.

       ``(ii) Special rule.--If more than one of the methods of 
     computation under subclauses (I), (II), and (III) of clause 
     (i) are applicable to a State, then such term shall mean the 
     amount determined under the applicable subclause of clause 
     (i) that results in the highest amount of average weekly 
     wages.
       ``(D) Applicable flat option and cap amount.--The 
     applicable flat option amount and the applicable cap amount 
     described in this subparagraph is as follows:
       ``(i) For weeks of unemployment beginning after the last 
     week under subparagraph (A)(i) and ending before August 31, 
     2020--

       ``(I) the applicable flat option amount is $200; and
       ``(II) the applicable cap amount is $500.

       ``(ii) For weeks of unemployment beginning after the last 
     week under clause (i) and ending on or before September 30, 
     2020--

       ``(I) the applicable flat option amount is $150; and
       ``(II) the applicable cap amount is $400.

       ``(iii) For weeks of unemployment beginning after the last 
     week under clause (ii) and ending on or before November 1, 
     2020--

       ``(I) the applicable flat option amount is $100; and
       ``(II) the applicable cap amount is $300.

       ``(iv) For weeks of unemployment beginning after the last 
     week under clause (iii) and ending on or before November 30, 
     2020--

       ``(I) the applicable flat option amount is $50; and
       ``(II) the applicable cap amount is $200.

       ``(v) For weeks of unemployment beginning after the last 
     week under clause (iv) and ending on or before December 31, 
     2020--

       ``(I) the applicable flat option amount is $0; and
       ``(II) the applicable cap amount is $100.''.

                                 ______
                                 
  SA 2604. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MONETIZATION OF GENERAL BUSINESS CREDITS.

       (a) In General.--Section 38 of the Internal Revenue Code of 
     1986 is amended by inserting after subsection (d) the 
     following:
       ``(e) Special Rules for Eligible Years.--
       ``(1) In general.--If a taxpayer elects the application of 
     this subsection for any eligible taxable year--
       ``(A) the limitation under subsection (c) shall be 
     increased by an amount equal to the excess (if any) of--
       ``(i) the credit allowed under subsection (a) for the 
     taxable year (determined without regard to subsection (c)), 
     over
       ``(ii) the credit allowed under subsection (a) for such 
     taxable year (determined after the application of subsection 
     (c)), and
       ``(B) the amount of the credit determined under section 
     41(a) for such taxable year shall be determined without 
     regard to the limitation in the first sentence of section 
     41(g).
       ``(2) Treatment of credit.--For purposes of this title 
     (other than this section and section 39), the excess of--
       ``(A) amount of the credit allowed solely by reason of this 
     subsection, over
       ``(B) net income tax (as defined in subsection (c)(1)) 
     reduced by credits allowable under subparts D (without regard 
     to this subsection) and G,

     shall be treated as an overpayment of tax for the taxable 
     year.
       ``(3) Eligible taxable year.--For purposes of this 
     subsection, the term `eligible taxable year' means any 
     taxable year ending in 2019 or 2020.
       ``(4) Election.--An election under paragraph (1) shall be 
     made at such time and in such manner as the Secretary may 
     prescribe.
       ``(5) Guidance and regulations.--The Secretary shall 
     prescribe such regulations and guidance as may be necessary 
     to carry out this subsection, including regulations or 
     guidance to prevent any double counting of credits allowable 
     under this section.''.
       (b) Allowance of Refunds.--Section 1324(b)(2) of title 31, 
     United States Code, is amended by inserting ``38(e)'' after 
     ``36B''.
       (c) Conforming Amendment.--Section 6211(b)(4)(A) of the 
     Internal Revenue Code of 1986 is amended by inserting 
     ``38(e),'' after ``36B,''.
       (d) Credits Not Subject to Sequestration.--Section 255(d) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 905(d)) is amended--
       (1) by striking ``Payments'' and inserting the following:
       ``(1) In general.--Payments'', and
       (2) by adding at the end the following:
       ``(2) General business credits.--Payments made under 
     subsection (e) of section 38 of the Internal Revenue Code of 
     1986 shall be exempt from reduction under any order issued 
     under this part.''.
       (e) Special Rule for Refunds.--
       (1) In general.--For purposes of the Internal Revenue Code 
     of 1986, a credit or refund for which an application 
     described in paragraph (2)(A) is filed shall be treated as 
     made under section 6411 of such Code.
       (2) Tentative refund.--
       (A) Application.--A taxpayer may file an application for a 
     tentative credit or refund of any amount for which a credit 
     or refund for any taxable year is due by reason of section 
     38(e) of the Internal Revenue Code of 1986. Such application 
     shall be in such manner and form as the Secretary of the 
     Treasury (or the Secretary's delegate) may prescribe and 
     shall--
       (i) be verified in the same manner as an application under 
     section 6411(a) of such Code,
       (ii) be filed not later than the date that is 120 days 
     after the date of the enactment of this Act, and
       (iii) set forth--

       (I) the amount of the credit claimed under section 38(e) of 
     such Code for such taxable year, and
       (II) the amount of the refund claimed.

       (B) Allowance of adjustments.--Within a period of 90 days 
     from the date on which an application is filed under 
     subparagraph (A), the Secretary of the Treasury (or the 
     Secretary's delegate) shall--
       (i) review the application,
       (ii) determine the amount of the overpayment, and
       (iii) apply, credit, or refund such overpayment,

      in a manner similar to the manner provided in section 
     6411(b) of the Internal Revenue Code of 1986.
       (C) Consolidated returns.--The provisions of section 
     6411(c) of the Internal Revenue Code of 1986 shall apply to 
     an adjustment under this paragraph to the same extent and 
     manner as the Secretary of the

[[Page S5303]]

     Treasury (or the Secretary's delegate) may provide.
       (3) Application for adjustment of overpayment of estimated 
     income tax.--An application for adjustment of overpayment of 
     estimated income tax under section 6425 of the Internal 
     Revenue Code of 1986 by reason of section 38(e) of such Code 
     shall not fail to be treated as timely filed if filed not 
     later than the date which is 120 days after the date of the 
     enactment of this Act.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after December 31, 2018.
                                 ______
                                 
  SA 2605. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMIT ON PPP LOANS TO ENTITIES THAT ARE CONNECTED TO 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       Section 7(a)(36)(A)(iv) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(iv)) is amended to read as follows:
       ``(iv) the term `eligible recipient'--

       ``(I) means an individual or entity that is eligible to 
     receive a covered loan; and
       ``(II) does not include any business concern or entity--

       ``(aa) for which an entity created in or organized under 
     the laws of the People's Republic of China or the Special 
     Administrative Region of Hong Kong, or that has significant 
     operations in the People's Republic of China or the Special 
     Administrative Region of Hong Kong, owns or holds, directly 
     or indirectly, not less than 20 percent of the economic 
     interest of the business concern or entity, including as 
     equity shares or a capital or profit interest in a limited 
     liability company or partnership; or
       ``(bb) that retains, as a member of the board of directors 
     of the business concern, a person who is a resident of the 
     People's Republic of China;''.
                                 ______
                                 
  SA 2606. Mrs. LOEFFLER submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ADDITIONAL ELIGIBLE EXPENSES.

       (a) Allowable Use of PPP Loan.--Section 7(a)(36)(F)(i) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
     amended--
       (1) in subclause (VI), by striking ``and'' at the end;
       (2) in subclause (VII), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:

       ``(VIII) covered operations expenditures, as defined in 
     section 1106(a) of the CARES Act (15 U.S.C. 9005(a)).''.

       (b) Loan Forgiveness.--Section 1106 of the CARES Act (15 
     U.S.C. 9005) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively;
       (B) by inserting after paragraph (2) the following:
       ``(3) the term `covered operations expenditure' means a 
     payment for any business software or cloud computing service 
     that facilitates business operations, product or service 
     delivery, the processing, payment, or tracking of payroll 
     expenses, human resources, sales and billing functions, or 
     accounting or tracking of supplies, inventory, records and 
     expenses;''; and
       (C) in paragraph (8), as so redesignated--
       (i) in subparagraph (C), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(E) covered operations expenditures; and'';
       (2) in subsection (b), by adding at the end the following:
       ``(5) Any covered operations expenditure.'';
       (3) in subsection (d)(8), by inserting ``any payment on any 
     covered operations expenditure,'' after ``rent obligation,''; 
     and
       (4) in subsection (e)--
       (A) in paragraph (2), by inserting ``payments on covered 
     operations expenditures,'' after ``lease obligations,''; and
       (B) in paragraph (3)(B), by inserting ``make payments on 
     covered operations expenditures,'' after ``rent 
     obligation,''.
                                 ______
                                 
  SA 2607. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BUSINESSES EMPLOYING ESSENTIAL CRITICAL 
                   INFRASTRUCTURE WORKERS.

       (a) In General.--Section 7(a)(36)(D)(iii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(D)(iii) is amended--
       (1) by striking ``During'' and inserting the following:

       ``(I) In general.--During''; and

       (2) by adding at the end the following:

       ``(II) Business concerns employing essential critical 
     infrastructure workers.--

       ``(aa) Definition.--In this subclause, the term `critical 
     infrastructure business concern' means a business concern 
     that--
       ``(AA) employs 1 or more essential critical infrastructure 
     workers (as defined in guidance from the Secretary of 
     Homeland Security);
       ``(BB) employs not more than 500 employees per physical 
     location of the business concern; and
       ``(CC) has operations that, if organized as a separate 
     business entity, would be assigned a North American Industry 
     Classification System code beginning with 72 at the time of 
     the disbursal.
       ``(bb) Eligibility.--During the covered period, any 
     critical infrastructure business concern shall be eligible to 
     receive a covered loan.
       ``(cc) Application of loan and forgiveness requirements.--
     For purposes of determining the loan amount and applying all 
     other requirements and terms under this paragraph or section 
     1106 of the CARES Act (15 U.S.C. 9005) with respect to a 
     critical infrastructure business concern, the eligible 
     recipient of the covered loan shall be that portion of the 
     critical infrastructure business concern that, if organized 
     as a separate business entity, would be assigned a North 
     American Industry Classification System code beginning with 
     72.''.
                                 ______
                                 
  SA 2608. Mr. YOUNG (for himself and Mr. Sasse) submitted an amendment 
intended to be proposed to amendment SA 2499 proposed by Mr. McConnell 
to the bill S. 178, to condemn gross human rights violations of ethnic 
Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. IMPROVEMENTS TO STATE UNEMPLOYMENT SYSTEMS AND 
                   STRENGTHENING PROGRAM INTEGRITY.

       (a) Unemployment Compensation Systems.--
       (1) In general.--Section 303(a) of the Social Security Act 
     (42 U.S.C. 503(a)) is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``provision for--'' and inserting ``provision for each of the 
     following:'';
       (B) at the end of each of paragraphs (1) through (10) and 
     paragraph (11)(B), by striking ``; and'' and inserting a 
     period; and
       (C) by adding at the end the following new paragraph:
       ``(13) The State system shall, in addition to meeting the 
     requirements under section 1137, meet the following 
     requirements:
       ``(A) The system shall be capable of handling a surge of 
     claims that would represent a twentyfold increase in claims 
     from January 2020 levels, occurring over a one-month period.
       ``(B) The system shall be capable of--
       ``(i) adjusting wage replacement levels for individuals 
     receiving unemployment compensation;
       ``(ii) adjusting weekly earnings disregards, including the 
     ability to adjust such disregards in relation to an 
     individual's earnings or weekly benefit amount; and
       ``(iii) providing for wage replacement levels that vary 
     based on the duration of benefit receipt.
       ``(C) The system shall have in place an automated process 
     for receiving and processing claims for disaster unemployment 
     assistance under section 410(a) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5177(a)), with flexibility to adapt rules regarding 
     individuals eligible for assistance and the amount payable.
       ``(D) In the case of a State that makes payments of short-
     time compensation under a short-time compensation program (as 
     defined in section 3306(v) of the Internal Revenue Code of 
     1986), the system shall have in place an automated process of 
     receiving and processing claims for short-time compensation.
       ``(E) The system shall have in place an automated process 
     for receiving and processing claims for--
       ``(i) unemployment compensation for Federal civilian 
     employees under subchapter I of chapter 85 of title 5, United 
     States Code;
       ``(ii) unemployment compensation for ex-servicemembers 
     under subchapter II of chapter 85 of title 5, United States 
     Code; and
       ``(iii) trade readjustment allowances under sections 231 
     through 233 of the Trade Act of 1974 (19 U.S.C. 2291-
     2293).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to weeks of unemployment beginning on or after 
     the earlier of--

[[Page S5304]]

       (A) the date the State changes its statutes, regulations, 
     or policies in order to comply with such amendment; or
       (B) October 1, 2023.
       (b) Electronic Transmission of Unemployment Compensation 
     Information.--Section 303 of the Social Security Act (42 
     U.S.C. 503) is amended by adding at the end the following new 
     subsection:
       ``(n) Electronic Transmission of Unemployment Compensation 
     Information.--
       ``(1) In general.--Not later than October 1, 2022, the 
     State agency charged with administration of the State law 
     shall use a system developed (in consultation with 
     stakeholders) and designated by the Secretary of Labor for 
     automated electronic transmission of requests for information 
     relating to unemployment compensation and the provision of 
     such information between such agency and employers or their 
     agents.
       ``(2) Use of appropriated funds.--The Secretary of Labor 
     may use funds appropriated for grants to States under this 
     title to make payments on behalf of States as the Secretary 
     determines is appropriate for the use of the system described 
     in paragraph (1).
       ``(3) Employer participation.--- The Secretary of Labor 
     shall work with the State agency charged with administration 
     of the State law to increase the number of employers using 
     this system and to resolve any technical challenges with the 
     system.
       ``(4) Reports on use of electronic system.--After the end 
     of each fiscal year, on a date determined by the Secretary, 
     each State shall report to the Secretary information on--
       ``(A) the proportion of employers using the designated 
     system described in paragraph (1);
       ``(B) the reasons employers are not using such system; and
       ``(C) the efforts the State is undertaking to increase 
     employer's use of such system.
       ``(5) Enforcement.--Whenever the Secretary of Labor, after 
     reasonable notice and opportunity for hearing to the State 
     agency charged with the administration of the State law, 
     finds that there is a failure to comply substantially with 
     the requirements of paragraph (1), the Secretary of Labor 
     shall notify such State agency that further payments will not 
     be made to the State until the Secretary of Labor is 
     satisfied that there is no longer any such failure. Until the 
     Secretary of Labor is so satisfied, such Secretary shall make 
     no future certification to the Secretary of the Treasury with 
     respect to the State.''.
       (c) Unemployment Compensation Integrity Data Hub.--
       (1) In general.--Section 303(a) of the Social Security Act 
     (42 U.S.C. 503(a)), as amended by subsection (a), is amended 
     by adding at the end the following new paragraph:
       ``(14) The State agency charged with administration of the 
     State law shall use the system designated by the Secretary of 
     Labor for cross-matching claimants of unemployment 
     compensation under State law against any databases in the 
     system to prevent and detect fraud and improper payments.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to weeks of unemployment beginning on or after 
     the earlier of--
       (A) the date the State changes its statutes, regulations, 
     or policies in order to comply with such amendment; or
       (B) October 1, 2022.
       (d) Reducing State Burden in Providing Data to Prevent and 
     Detect Fraud.--Section 303 of the Social Security Act (42 
     U.S.C. 503), as amended by subsection (b), is amended by 
     adding at the end the following new subsection:
       ``(o) Use of Unemployment Claims Data to Prevent and Detect 
     Fraud.--The Inspector General of the Department of Labor 
     shall, for the purpose of identifying and investigating fraud 
     in unemployment compensation programs, have direct access to 
     each of the following systems:
       ``(1) The system designated by the Secretary of Labor for 
     the electronic transmission of requests for information 
     relating to interstate claims for unemployment compensation.
       ``(2) The system designated by the Secretary of Labor for 
     cross-matching claimants of unemployment compensation under 
     State law against databases to prevent and detect fraud and 
     improper payments (as referred to in subsection (a)(14).''.
       (e) Use of National Directory of New Hires in 
     Administration of Unemployment Compensation Programs and 
     Penalties on Noncomplying Employers.--
       (1) In general.--Section 303 of the Social Security Act (42 
     U.S.C. 503), as amended by subsections (b) and (d), is 
     amended by adding at the end the following new subsection:
       ``(p) Use of National Directory of New Hires.--
       ``(1) In general.--Not later than October 1, 2022, the 
     State agency charged with administration of the State law 
     shall--
       ``(A) compare information in the National Directory of New 
     Hires established under section 453(i) against information 
     about individuals claiming unemployment compensation to 
     identify any such individuals who may have become employed, 
     in accordance with any regulations or guidance that the 
     Secretary of Health and Human Services may issue and 
     consistent with the computer matching provisions of the 
     Privacy Act of 1974;
       ``(B) take timely action to verify whether the individuals 
     identified pursuant to subparagraph (A) are employed; and
       ``(C) upon verification pursuant to subparagraph (B), take 
     appropriate action to suspend or modify unemployment 
     compensation payments, and to initiate recovery of any 
     improper unemployment compensation payments that have been 
     made.
       ``(2) Enforcement.--Whenever the Secretary of Labor, after 
     reasonable notice and opportunity for hearing to the State 
     agency charged with the administration of the State law, 
     finds that there is a failure to comply substantially with 
     the requirements of paragraph (1), the Secretary of Labor 
     shall notify such State agency that further payments will not 
     be made to the State until the Secretary of Labor is 
     satisfied that there is no longer any such failure. Until the 
     Secretary of Labor is so satisfied, such Secretary shall make 
     no future certification to the Secretary of the Treasury with 
     respect to the State.''.
       (2) Penalties.--
       (A) In general.--Section 453A(d) of the Social Security Act 
     (42 U.S.C. 653a(d)), in the matter preceding paragraph (1), 
     is amended by striking ``have the option to set a State civil 
     money penalty which shall not exceed'' and inserting ``set a 
     State civil money penalty which shall be no less than''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall apply to penalties assessed on or after October 1, 
     2022.
       (f) State Performance.--
       (1) In general.--Section 303 of the Social Security Act (42 
     U.S.C. 503), as amended by subsections (b), (d), and (e), is 
     amended by adding at the end the following new subsection:
       ``(q) State Performance.--
       ``(1) In general.--For purposes of assisting States in 
     meeting the requirements of this title, title IX, title XII, 
     or chapter 23 of the Internal Revenue Code of 1986 (commonly 
     referred to as `the Federal Unemployment Tax Act'), the 
     Secretary of Labor may--
       ``(A) consistent with subsection (a)(1), establish measures 
     of State performance, including criteria for acceptable 
     levels of performance, performance goals, and performance 
     measurement programs;
       ``(B) consistent with subsection (a)(6), require States to 
     provide to the Secretary of Labor data or other relevant 
     information from time to time concerning the operations of 
     the State or State performance, including the measures, 
     criteria, goals, or programs established under paragraph (1);
       ``(C) require States with sustained failure to meet 
     acceptable levels of performance or with performance that is 
     substantially below acceptable standards, as determined based 
     on the measures, criteria, goals, or programs established 
     under subparagraph (A), to implement specific corrective 
     actions and use specified amounts of the administrative 
     grants under this title provided to such States to improve 
     performance; and
       ``(D) based on the data and other information provided 
     under subparagraph (B)--
       ``(i) to the extent the Secretary of Labor determines funds 
     are available after providing grants to States under this 
     title for the administration of State laws, recognize and 
     make awards to States for performance improvement, or 
     performance exceeding the criteria or meeting the goals 
     established under subparagraph (A); or
       ``(ii) to the extent the Secretary of Labor determines 
     funds are available after providing grants to States under 
     this title for the administration of State laws, provide 
     incentive funds to high-performing States based on the 
     measures, criteria, goals, or programs established under 
     subparagraph (A).
       ``(2) Enforcement.--Whenever the Secretary of Labor, after 
     reasonable notice and opportunity for hearing to the State 
     agency charged with the administration of the State law, 
     finds that there is a failure to comply substantially with 
     the requirements of paragraph (1), the Secretary of Labor 
     shall notify such State agency that further payments will not 
     be made to the State until the Secretary of Labor is 
     satisfied that there is no longer any such failure. Until the 
     Secretary of Labor is so satisfied, such Secretary shall make 
     no future certification to the Secretary of the Treasury with 
     respect to the State.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act.
       (g) Funding.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Secretary of Labor $2,000,000,000 to 
     assist States in carrying out the amendments made by this 
     section, which may include regional or multi-State efforts. 
     Amounts appropriated under the preceding sentence shall 
     remain available until expended.
                                 ______
                                 
  SA 2609. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. DIRECT FARM LOAN FORGIVENESS.

       (a) Definitions.--In this section:

[[Page S5305]]

       (1) Eligible borrower.--The term ``eligible borrower'' 
     means a borrower of an eligible loan that is actively engaged 
     in farming (within the meaning of section 1001A of the Food 
     Security Act of 1985 (7 U.S.C. 1308-1)) with respect to a 
     farming operation--
       (A) for which the eligible loan was made; and
       (B) the average annual adjusted gross income for the 
     previous 5-year period of which is not more than $300,000.
       (2) Eligible loan.--The term ``eligible loan'' means a loan 
     made before March 19, 2020, that is--
       (A) a direct farm ownership loan under subtitle A of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et 
     seq.);
       (B) a direct operating loan under subtitle B of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et 
     seq.); or
       (C) an emergency loan under subtitle C of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1961 et seq.).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (b) Loan Forgiveness.--
       (1) In general.--Not later than 1 year after the date on 
     which the Secretary receives an application under paragraph 
     (2), subject to paragraphs (3) and (4), the Secretary shall 
     cancel the obligation to repay the balance of principal and 
     interest due as of the date of enactment of this Act on an 
     eligible loan for the eligible borrower.
       (2) Applications.--To be eligible for cancellation under 
     paragraph (1), not later than 1 year after the date of 
     enactment of this Act, an eligible borrower shall submit to 
     the Secretary an application, which shall cover all eligible 
     loans for which the eligible borrower is seeking 
     cancellation.
       (3) Limitations.--The total amount cancelled under 
     paragraph (1) with respect to a farming operation shall be 
     not more than $250,000.
       (4) Condition.--The cancellation of an obligation under 
     paragraph (1) shall be subject to the condition that the 
     applicable eligible borrower shall continue to be actively 
     engaged in farming (within the meaning of section 1001A of 
     the Food Security Act of 1985 (7 U.S.C. 1308-1)) for the 2-
     year period beginning on the date on which the Secretary 
     cancels the obligation under that paragraph.
       (c) Effect.--An eligible borrower that receives 
     cancellation of an obligation with respect to an eligible 
     loan under subsection (b)(1) shall not be determined to be 
     ineligible for any loan under subtitle A, B, or C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et 
     seq.) because of that cancellation.
       (d) Taxability.--For purposes of the Internal Revenue Code 
     of 1986, any amount which (but for this subsection) would be 
     includible in gross income of the eligible borrower by reason 
     of forgiveness described in subsection (b) shall be excluded 
     from gross income.
                                 ______
                                 
  SA 2610. Mr. SULLIVAN (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ___. INCREASED ABILITY FOR PAYCHECK PROTECTION PROGRAM 
                   BORROWERS TO REQUEST AN INCREASE IN LOAN AMOUNT 
                   DUE TO UPDATED REGULATIONS.

       (a) Definitions.--In this section--
       (1) the term ``Administration'' means the Small Business 
     Administration; and
       (2) the terms ``covered loan'' and ``eligible recipient'' 
     have the meanings given those terms in section 7(a)(36) of 
     the Small Business Act (15 U.S.C. 636(a)(36)).
       (b) Increased Amount.--Notwithstanding the interim final 
     rule issued by the Administration entitled ``Business Loan 
     Program Temporary Changes; Paycheck Protection Program--Loan 
     Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
     recipient of a covered loan that is eligible for an increased 
     covered loan amount as a result of any interim final rule 
     that allows for covered loan increases may submit a request 
     for an increase in the covered loan amount even if--
       (1) the initial covered loan amount has been fully 
     disbursed; or
       (2) the lender of the initial covered loan has submitted to 
     the Administration a Form 1502 report related to the covered 
     loan.
                                 ______
                                 
  SA 2611. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. INCLUSION OF CRITICAL CARE HOSPITALS IN THE PAYCHECK 
                   PROTECTION PROGRAM.

       (a) Eligibility of Hospitals With More Than One Physical 
     Location.--Section 7(a)(36)(D)(iii) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(D)(iii)) is amended by striking 
     ``beginning with 72'' and inserting the following: 
     ``beginning with 72 (or, in the case of a critical care 
     hospital, is assigned a North American Industry 
     Classification System code beginning with 62)''.
       (b) Waiver of Affiliation Rules.--Section 
     7(a)(36)(D)(iv)(I) of the Small Business Act (15 U.S.C. 
     636(a)(36)(D)(iv)(I)) is amended by striking ``beginning with 
     72'' and inserting the following: ``beginning with 72 (or, in 
     the case of a critical care hospital, is assigned a North 
     American Industry Classification System code beginning with 
     62)''.
       (c) Critical Care Hospitals Defined.--Section 7(a)(36)(D) 
     of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is 
     amended by adding at the end the following:
       ``(vii) Critical care hospital defined.--In this 
     subparagraph, the term `critical care hospital' means--

       ``(I) a hospital (as defined in section 1861(e) of the 
     Social Security Act (42 U.S.C. 1395x(e))) that--

       ``(aa) is located in a county (or equivalent unit of local 
     government) in a rural area, as defined in section 
     1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D));
       ``(bb) is treated as being located in a rural area pursuant 
     to section 1886(d)(8)(E) of such Act (42 U.S.C. 
     1395ww(d)(8)(E)); or
       ``(cc) for the most recent cost reporting period under 
     section 1886(d) of such Act (42 U.S.C. 1395ww(d)), received 
     an additional payment under section 1886(d)(5)(F) of such Act 
     (42 U.S.C. 1395ww(d)(5)(F)); and

       ``(II) a nonprofit or public critical access hospital, as 
     defined in section 1861(mm)(1) of the Social Security Act (42 
     U.S.C. 1395x(mm)(1)).''.

                                 ______
                                 
  SA 2612. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. INCLUSION OF CRITICAL CARE HOSPITALS IN THE PAYCHECK 
                   PROTECTION PROGRAM.

       (a) Eligibility of Hospitals With More Than One Physical 
     Location.--Section 7(a)(36)(D)(iii) of the Small Business Act 
     (15 U.S.C. 636(a)(36)(D)(iii)) is amended by striking 
     ``beginning with 72'' and inserting the following: 
     ``beginning with 72 (or, in the case of a critical care 
     hospital, is assigned a North American Industry 
     Classification System code beginning with 62)''.
       (b) Waiver of Affiliation Rules.--Section 
     7(a)(36)(D)(iv)(I) of the Small Business Act (15 U.S.C. 
     636(a)(36)(D)(iv)(I)) is amended by striking ``beginning with 
     72'' and inserting the following: ``beginning with 72 (or, in 
     the case of a critical care hospital, is assigned a North 
     American Industry Classification System code beginning with 
     62)''.
       (c) Critical Care Hospitals Defined.--Section 7(a)(36)(D) 
     of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is 
     amended by adding at the end the following:
       ``(vii) Critical care hospital defined.--In this 
     subparagraph, the term `critical care hospital' means--

       ``(I) a hospital (as defined in section 1861(e) of the 
     Social Security Act (42 U.S.C. 1395x(e))) that--

       ``(aa) is located in a county (or equivalent unit of local 
     government) in a rural area, as defined in section 
     1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D));
       ``(bb) is treated as being located in a rural area pursuant 
     to section 1886(d)(8)(E) of such Act (42 U.S.C. 
     1395ww(d)(8)(E)); or
       ``(cc) for the most recent cost reporting period under 
     section 1886(d) of such Act (42 U.S.C. 1395ww(d)), received 
     an additional payment under section 1886(d)(5)(F) of such Act 
     (42 U.S.C. 1395ww(d)(5)(F)); and

       ``(II) a nonprofit or public critical access hospital, as 
     defined in section 1861(mm)(1) of the Social Security Act (42 
     U.S.C. 1395x(mm)(1)).''.

                                 ______
                                 
  SA 2613. Mr. ENZI (for himself and Ms. Hassan) submitted an amendment 
intended to be proposed to amendment SA 2499 proposed by Mr. McConnell 
to the bill S. 178, to condemn gross human rights violations of ethnic 
Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.

       (a) In General.--Section 801(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 381(a)) is amended--
       (1) in the fourth sentence, by inserting ``or counterfeit 
     device'' after ``counterfeit drug''; and
       (2) by striking ``The Secretary of the Treasury shall cause 
     the destruction of'' and all that follows through ``liable 
     for costs pursuant to subsection (c).'' and inserting the

[[Page S5306]]

     following: ``The Secretary of the Treasury shall cause the 
     destruction of any such article refused admission unless such 
     article is exported, under regulations prescribed by the 
     Secretary of the Treasury, within 90 days of the date of 
     notice of such refusal or within such additional time as may 
     be permitted pursuant to such regulations, except that the 
     Secretary of Health and Human Services may destroy, without 
     the opportunity for export, any drug or device refused 
     admission under this section, if such drug or device is 
     valued at an amount that is $2,500 or less (or such higher 
     amount as the Secretary of the Treasury may set by regulation 
     pursuant to section 498(a)(1) of the Tariff Act of 1930 (19 
     U.S.C. 1498(a)(1))) and was not brought into compliance as 
     described under subsection (b). The Secretary of Health and 
     Human Services shall issue regulations providing for notice 
     and an opportunity to appear before the Secretary of Health 
     and Human Services and introduce testimony, as described in 
     the first sentence of this subsection, on destruction of a 
     drug or device under the seventh sentence of this subsection. 
     The regulations shall provide that prior to destruction, 
     appropriate due process is available to the owner or 
     consignee seeking to challenge the decision to destroy the 
     drug or device. Where the Secretary of Health and Human 
     Services provides notice and an opportunity to appear and 
     introduce testimony on the destruction of a drug or device, 
     the Secretary of Health and Human Services shall store and, 
     as applicable, dispose of the drug or device after the 
     issuance of the notice, except that the owner and consignee 
     shall remain liable for costs pursuant to subsection (c).''.
       (b) Definition.--Section 201(h) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321(h)) is amended--
       (1) by redesignating subparagraphs (1), (2), and (3) as 
     clauses (A), (B), and (C), respectively; and
       (2) after making such redesignations--
       (A) by striking ``(h) The term'' and inserting ``(h)(1) The 
     term''; and
       (B) by adding at the end the following:
       ``(2) The term `counterfeit device' means a device which, 
     or the container, packaging, or labeling of which, without 
     authorization, bears a trademark, trade name, or other 
     identifying mark, imprint, or symbol, or any likeness 
     thereof, or is manufactured using a design, of a device 
     manufacturer, packer, or distributor other than the person or 
     persons who in fact manufactured, packed, or distributed such 
     device and which thereby falsely purports or is represented 
     to be the product of, or to have been packed or distributed 
     by, such other device manufacturer, packer, or distributor.
       ``(3) For purposes of subparagraph (2)--
       ``(A) the term `manufactured' refers to any of the 
     following activities: manufacture, preparation, propagation, 
     compounding, assembly, or processing; and
       ``(B) the term `manufacturer' means a person who is engaged 
     in any of the activities listed in clause (A).''.
                                 ______
                                 
  SA 2614. Mr. BRAUN (for himself, Mr. Grassley, and Mr. Enzi) 
submitted an amendment intended to be proposed to amendment SA 2499 
proposed by Mr. McConnell to the bill S. 178, to condemn gross human 
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for 
an end to arbitrary detention, torture, and harassment of these 
communities inside and outside China; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRICE TRANSPARENCY REQUIREMENTS.

       (a) Hospitals.--Section 2718(e) of the Public Health 
     Service Act (42 U.S.C. Sec.  300gg-18(e)) is amended--
       (1) by striking ``Each hospital'' and inserting the 
     following:
       ``(1) In general.--Each hospital'';
       (2) by inserting ``, in a machine-readable format, via open 
     application program interfaces (APIs)'' after ``a list'';
       (3) by inserting ``, along with such additional information 
     as the Secretary may require with respect to such charges for 
     purposes of promoting public awareness of hospital pricing in 
     advance of receiving a hospital item or service'' before the 
     period; and
       (4) by adding at the end the following:
       ``(2) Definition of standard charges.--Notwithstanding any 
     other provision of law, for purposes of paragraph (1), the 
     term `standard charges' means the rates hospitals, including 
     providers or entities that contract with or practice at a 
     hospital, charge for all items and services at a minimum, 
     chargemaster rates, rates that hospitals negotiate with third 
     party payers across all plans, including those related to a 
     patient's specific plan, discounted cash prices, and other 
     rates determined by the Secretary.
       ``(3) Enforcement.--In addition to any other enforcement 
     actions or penalties that may apply under subsection (b)(3) 
     or another provision of law, a hospital that fails to provide 
     the information required by this subsection and has not 
     completed a corrective action plan to comply with the 
     requirements of such subsection shall be subject to a civil 
     monetary penalty of an amount not to exceed $300 per day that 
     the violation is ongoing as determined by the Secretary. Such 
     penalty shall be imposed and collected in the same manner as 
     civil money penalties under subsection (a) of section 1128A 
     of the Social Security Act are imposed and collected.''.
       (b) Transparency in Coverage.--Section 1311(e)(3) of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 
     18031(e)(3)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (vii), by inserting before the period the 
     following: ``, including, for all items and services covered 
     under the plan, aggregate information on specific payments 
     the plan has made to out-of-network health care providers on 
     behalf of plan enrollees''; and
       (B) by designating clause (ix) as clause (x); and
       (C) by inserting after clause (viii), the following:
       ``(ix) Information on the specific negotiated payment rates 
     between the plan and health care providers for all items and 
     services covered under the plan.'';
       (2) in subparagraph (B)--
       (A) in the heading, by striking ``use'' and inserting 
     ``delivery methods and use'';
       (B) by inserting ``, as applicable,'' after ``English 
     proficiency''; and
       (C) by inserting after the second sentence, the following: 
     ``The Secretary shall establish standards for electronic 
     delivery and access to such information by individuals, free 
     of charge, in machine readable format, through an internet 
     website and via open APIs.'';
       (3) in subparagraph (C)--
       (A) in the first sentence, by inserting ``or out-of-network 
     provider'' after ``item or service by a participating 
     provider'';
       (B) in the second sentence, by striking ``through an 
     internet website'' and inserting ``free of charge, in machine 
     readable format, through an internet website, and via open 
     APIs, in accordance with standards established by the 
     Secretary,''; and
       (C) by adding at the end the following: ``Such information 
     shall include specific negotiated rates that allow for 
     comparison between providers and across plans, and related to 
     a patient's specific plan, including after an enrollee has 
     exceeded their deductible responsibility.''; and
       (4) in subparagraph (D) by striking ``subparagraph (A)'' 
     and inserting ``subparagraphs (A), (B), and (C)''.
                                 ______
                                 
  SA 2615. Mr. ENZI submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. IMPROVEMENTS TO THE MEDICARE HOSPITAL ACCELERATED 
                   AND ADVANCE PAYMENTS PROGRAMS DURING THE COVID-
                   19 PUBLIC HEALTH EMERGENCY.

       (a) Part A.--
       (1) Repayment periods.--Section 1815(f)(2)(C) of the Social 
     Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended--
       (A) in clause (i), by striking ``120 days'' and inserting 
     ``270 days''; and
       (B) in clause (ii), by striking ``12 months'' and inserting 
     ``18 months''.
       (2) Authority for discretion.--Section 1815(f)(2)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is 
     amended by inserting ``(or, with respect to requests 
     submitted to the Secretary on or after July 9, 2020, 
     may)''after ``shall.''.
       (b) Part B.--In carrying out the advance payments program 
     described in section 421.214 of title 42, Code of Federal 
     Regulations (or a successor regulation), the Secretary of 
     Health and Human Services, in the case of a payment made 
     under such program during the emergency period described in 
     section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
     1320b-5(g)(1)(B)), upon request of the supplier receiving 
     such payment, shall--
       (1) provide up to 270 days before claims are offset to 
     recoup the payment; and
       (2) allow not less than 14 months from the date of the 
     first advance payment before requiring that the outstanding 
     balance be paid in full.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (d) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, and the amendments made by, this section 
     by program instruction or otherwise.
       (e) Emergency Designation.--
       (1) In general.--The amounts provided by this section and 
     the amendments made by this section are designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, this section and 
     the amendments made by this section are designated as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018.
                                 ______
                                 
  SA 2616. Mr. WICKER (for himself, Mr. Barrasso, Mrs. Capito, Mr. 
Perdue, Mr. Boozman, Mr. Moran, and

[[Page S5307]]

Ms. Murkowski) submitted an amendment intended to be proposed by him to 
the bill S. 178, to condemn gross human rights violations of ethnic 
Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. REINSTATEMENT OF ADVANCE REFUNDING BONDS.

       (a) In General.--The amendments made by section 13532 of 
     Public Law 115-97 are repealed and the provisions of law 
     amended by such section are restored as if such section had 
     never been enacted.
       (b) Effective Date.--The repeal made by this section shall 
     take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2617. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CREDIT FOR AMERICAN INFRASTRUCTURE BONDS ALLOWED TO 
                   ISSUERS.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by inserting after section 
     6430 the following new section:

     ``SEC. 6431. CREDIT TO ISSUER OF AMERICAN INFRASTRUCTURE 
                   BONDS.

       ``(a) In General.--The issuer of an American infrastructure 
     bond shall be allowed a credit with respect to each interest 
     payment under such bond which shall be payable by the 
     Secretary as provided in subsection (b).
       ``(b) Payment of Credit.--
       ``(1) In general.--The Secretary shall pay 
     (contemporaneously with each interest payment date under such 
     bond) to the issuer of such bond (or to any person who makes 
     such interest payments on behalf of the issuer) the 
     applicable percentage of the interest payable under such bond 
     on such date.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage shall be equal to--
       ``(A) in the case of any American infrastructure bond 
     issued before January 1, 2026, 35 percent, and
       ``(B) in the case of any American infrastructure bond 
     issued after December 31, 2025, 28 percent.
       ``(3) Interest payment date.--For purposes of this 
     subsection, the term `interest payment date' means each date 
     on which the holder of record of the American infrastructure 
     bond is entitled to a payment of interest under such bond.
       ``(c) American Infrastructure Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `American infrastructure bond' means any obligation if--
       ``(A) the interest on such obligation would (but for this 
     section) be excludable from gross income under section 103,
       ``(B) either--
       ``(i) the obligation is not a private activity bond, or
       ``(ii) the obligation is a private activity bond, but it is 
     issued as part of an issue 95 percent or more of the net 
     proceeds of which are to be used to finance or refinance 
     property that meets the ownership test in section 145(a)(1), 
     as applied by substituting `95 percent of the property' for 
     `all property', and
       ``(C) the issuer makes an irrevocable election to have this 
     section apply.
       ``(2) Applicable rules.--For purposes of applying paragraph 
     (1)--
       ``(A) for purposes of section 149(b), a bond shall not be 
     treated as federally guaranteed by reason of the credit 
     allowed under this section, and
       ``(B) a bond shall not be treated as an American 
     infrastructure bond if the issue price has more than a de 
     minimis amount (determined under rules similar to the rules 
     of section 1273(a)(3)) of premium over the stated principal 
     amount of the bond.
       ``(d) Special Rules.--
       ``(1) Interest on american infrastructure bonds includible 
     in gross income for federal income tax purposes.--For 
     purposes of this title, interest on any American 
     infrastructure bond shall be includible in gross income.
       ``(2) Application of arbitrage rules.--For purposes of 
     section 148, the yield on an issue of American infrastructure 
     bonds shall be reduced by the credit allowed under this 
     section, except that no such reduction shall apply with 
     respect to determining the amount of gross proceeds of an 
     issue that qualifies as a reasonably required reserve or 
     replacement fund.
       ``(e) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be necessary or 
     appropriate to carry out this section.''.
       (b) Conforming Amendments.--
       (1) The table of sections for subchapter B of chapter 65 of 
     subtitle F of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new item:

``Sec. 6431. Credit to issuer of american infrastructure bonds.''.
       (2) Subparagraph (A) of section 6211(b)(4) of such Code is 
     amended by inserting ``6431,'' after ``36B,''.
       (c) Transitional Coordination With State Law.--Except as 
     otherwise provided by a State after the date of the enactment 
     of this Act, the interest on any American infrastructure bond 
     (as defined in section 6431 of the Internal Revenue Code of 
     1986 (as added by this Act)) and the amount of any credit 
     determined under such section with respect to such bond shall 
     be treated for purposes of the income tax laws of such State 
     as being exempt from Federal income tax.
       (d) Adjustment to Payment to Issuers in Case of 
     Sequestration.--
       (1) In general.--In the case of any payment under 
     subsection (b) of section 6431 of the Internal Revenue Code 
     of 1986 (as added by this Act) made after the date of 
     enactment of this Act to which sequestration applies, the 
     amount of such payment shall be increased to an amount equal 
     to--
       (A) such payment (determined before such sequestration), 
     multiplied by
       (B) the quotient obtained by dividing the number 1 by the 
     amount by which the number 1 exceeds the percentage reduction 
     in such payment pursuant to such sequestration.
       (2) Sequestration.--For purposes of this subsection, the 
     term ``sequestration'' means any reduction in direct spending 
     ordered in accordance with a sequestration report prepared by 
     the Director of the Office and Management and Budget pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985 or the Statutory Pay-As-You-Go Act of 2010 or future 
     legislation having similar effect.
       (e) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 2618. Mr. WICKER (for himself, Mr. Cassidy, Mr. Sullivan, Ms. 
Cantwell, and Ms. Murkowski) submitted an amendment intended to be 
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                TITLE __FISHERY RESOURCE DISASTER RELIEF

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Fishery Failures: Urgently 
     Needed Disaster Declarations Act''.

     SEC. ___. FISHERY RESOURCE DISASTER RELIEF.

       Section 312(a) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1861a(a)) is amended to read as 
     follows:
       ``(a) Fishery Resource Disaster Relief.--
       ``(1) Definitions.--In this subsection:
       ``(A) Allowable cause.--The term `allowable cause' means a 
     natural cause, discrete anthropogenic cause, or undetermined 
     cause.
       ``(B) Anthropogenic cause.--The term `anthropogenic cause' 
     means an anthropogenic event, such as an oil spill or 
     spillway opening--
       ``(i) that could not have been addressed or prevented by 
     fishery management measures; and
       ``(ii) that is otherwise beyond the control of fishery 
     managers to mitigate through conservation and management 
     measures, including regulatory restrictions imposed as a 
     result of judicial action or to protect human health or 
     marine animals, plants, or habitats.
       ``(C) Fishery resource disaster.--The term `fishery 
     resource disaster' means a disaster that is determined by the 
     Secretary in accordance with this subsection and--
       ``(i) is an unexpected decrease in fish stock biomass or 
     other change that results in significant loss of access to 
     the fishery resource, which may include loss of fishing 
     vessels and gear for a substantial period of time and results 
     in significant revenue or subsistence loss due to an 
     allowable cause; and
       ``(ii) does not include--

       ``(I) reasonably predictable, foreseeable, and recurrent 
     fishery cyclical variations in species distribution or stock 
     abundance; or
       ``(II) reductions in fishing opportunities resulting from 
     conservation and management measures taken pursuant to this 
     Act.

       ``(D) Indian tribe.--The term `Indian Tribe' has the 
     meaning given such term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), 
     and the term `Tribal' means of or pertaining to such an 
     Indian tribe.
       ``(E) Natural cause.--The term `natural cause'--
       ``(i) means a weather, climatic, hazard, or biology-related 
     event, such as--

       ``(I) a hurricane;
       ``(II) a flood;
       ``(III) a harmful algal bloom;
       ``(IV) a tsunami;
       ``(V) a hypoxic zone;
       ``(VI) a drought;
       ``(VII) El Nino effects on water temperature;

[[Page S5308]]

       ``(VIII) a marine heat wave;
       ``(IX) disease; or
       ``(X) access to fishery resources that is impeded due to 
     impacts to captains and crew caused by the COVID-19 pandemic; 
     and

       ``(ii) does not mean a normal or cyclical variation in a 
     species distribution or stock abundance.
       ``(F) 12-month revenue loss.--The term `12-month revenue 
     loss' means the percentage reduction in commercial, charter, 
     headboat, and processor revenue for the 12 months during the 
     fishery resource disaster period that is due to the fishery 
     resource disaster, when compared to average annual revenue in 
     the most recent 5-year period or equivalent for stocks with 
     cyclical life histories.
       ``(G) Undetermined cause.--The term `undetermined cause' 
     means a cause in which the current state of knowledge does 
     not allow the Secretary to identify the exact cause, and 
     there is no current conclusive evidence supporting a possible 
     cause of the fishery resource disaster.
       ``(2) General authority.--
       ``(A) In general.--The Secretary shall have the authority 
     to determine the existence, extent, and beginning and end 
     dates of a fishery resource disaster under this subsection in 
     accordance with this subsection.
       ``(B) Availability of funds.--After the Secretary 
     determines that a fishery resource disaster has occurred, the 
     Secretary is authorized to make sums available, from funds 
     appropriated under paragraph (9) that are available, to be 
     used by the affected State, Tribal government, or interstate 
     marine fisheries commission, or by the Secretary in 
     cooperation with the affected State, Tribal government, or 
     interstate marine fisheries commission.
       ``(C) Savings clause.--
       ``(i) In general.--Except as provided under clause (ii), 
     the requirements under this subsection shall take effect only 
     with respect to requests for a fishery resource disaster 
     determination submitted after the date of enactment of the 
     Fishery Failures: Urgently Needed Disaster Declarations Act.
       ``(ii) Exception.--Clause (i) shall not apply to a fishery 
     resource disaster determination related to the COVID-19 
     pandemic.
       ``(3) Initiation of a fishery resource disaster review.--
       ``(A) Eligible requesters.--Not later than 1 year after the 
     date of the conclusion of the fishing season, a request for a 
     fishery resource disaster determination may be submitted to 
     the Secretary, if the Secretary has not independently 
     determined that a fishery resource disaster has occurred, 
     by--
       ``(i) the Governor of an affected State;
       ``(ii) an official Tribal resolution; or
       ``(iii) any other comparable elected or politically 
     appointed representative as determined by the Secretary.
       ``(B) Required information.--A complete request for a 
     fishery resource disaster determination under subparagraph 
     (A) shall include--
       ``(i) identification of all presumed affected fish stocks;
       ``(ii) identification of the fishery as Federal, non-
     Federal, or both;
       ``(iii) the geographical boundaries of the fishery;
       ``(iv) preliminary information on causes of the fishery 
     resource disaster, if known; and
       ``(v) information needed to support a finding of a fishery 
     resource disaster, including--

       ``(I) information demonstrating the occurrence of an 
     unexpected decrease in fish stock biomass or other change 
     that results in significant loss of access to the fishery 
     resource, which could include the loss of fishing vessels and 
     gear, for a substantial period of time;
       ``(II) 12-month revenue loss or subsistence loss for the 
     affected Federal fishery, or if a fishery resource disaster 
     has occurred at any time in the previous 5-year period, an 
     appropriate time frame as determined by the Secretary;
       ``(III) if applicable, information on lost resource tax 
     revenues assessed by local communities, such as a raw fish 
     tax; and
       ``(IV) if applicable, information on 12-month revenue loss 
     for processors related to the information provided under 
     subclause (I), subject to section 402(b).

       ``(C) Assistance.--The Secretary may provide assistance, 
     data, and analysis to an eligible requester described in 
     paragraph (1), if so requested and the data is not available 
     to the requester, in carrying out the compete request under 
     subparagraph (A).
       ``(4) Review process.--
       ``(A) Interim response.--Not later than 20 days after 
     receipt of a request under paragraph (3), the Secretary shall 
     provide an interim response to the individual that--
       ``(i) acknowledges receipt of the request;
       ``(ii) provides a regional contact within the National 
     Oceanographic and Atmospheric Administration;
       ``(iii) outlines the process and timeline by which a 
     request shall be considered; and
       ``(iv) requests additional information concerning the 
     fishery resource disaster, if the original request is 
     considered incomplete.
       ``(B) Evaluation of requests.--
       ``(i) In general.--The Secretary shall complete a review, 
     within the time frame described in clause (ii), using the 
     best scientific information available, in consultation with 
     the affected fishing communities, States, or Tribes, of--

       ``(I) the information provided by the requester and any 
     additional information relevant to the fishery, which may 
     include--

       ``(aa) fishery characteristics;
       ``(bb) stock assessments;
       ``(cc) the most recent fishery independent surveys and 
     other fishery resource assessments and surveys conducted by 
     Federal, State, or Tribal officials;
       ``(dd) estimates of mortality; and
       ``(ee) overall effects; and

       ``(II) the available economic information, which may 
     include an analysis of--

       ``(aa) landings data;
       ``(bb) revenue;
       ``(cc) the number of participants involved;
       ``(dd) the number and type of jobs and persons impacted, 
     which may include--
       ``(AA) fishers;
       ``(BB) charter fishing operators;
       ``(CC) subsistence users;
       ``(DD) United States fish processors; and
       ``(EE) an owner of a related fishery infrastructure or 
     business affected by the disaster, such as a marina operator, 
     recreational fishing equipment retailer, or charter, 
     headboat, or tender vessel owner, operator, or crew;
       ``(ee) an impacted Indian Tribe;
       ``(ff) an impacted business or other entity;
       ``(gg) the availability of hazard insurance to address 
     financial losses due to a disaster;
       ``(hh) other forms of disaster assistance made available to 
     the fishery, including prior awards of disaster assistance 
     for the same event;
       ``(ii) the length of time the resource, or access to the 
     resource, has been restricted;
       ``(jj) status of recovery from previous fishery resource 
     disasters;
       ``(kk) lost resource tax revenues assessed by local 
     communities, such as a raw fish tax; and
       ``(ll) other appropriate indicators to an affected fishery, 
     as determined by the National Marine Fisheries Service.
       ``(ii) Time frame.--The Secretary shall complete the review 
     described in clause (i), if the fishing season, applicable to 
     the fishery--

       ``(I) has concluded or there is no defined fishing season 
     applicable to the fishery, not later than 120 days after the 
     Secretary receives a complete request for a fishery resource 
     disaster determination;
       ``(II) has not concluded, not later than 120 days after the 
     conclusion of the fishing season; or
       ``(III) has not been opened, not later than 120 days after 
     the Secretary receives a complete request for a fishery 
     resource disaster determination.

       ``(C) Fishery resource disaster determination.--The 
     Secretary shall make the determination of a fishery resource 
     disaster based on the criteria for determinations listed in 
     paragraph (5).
       ``(D) Notification.--Not later than 14 days after the 
     conclusion of the review under this paragraph, the Secretary 
     shall notify the requestor and the Governor of the affected 
     State or Tribal representative of the determination of the 
     Secretary.
       ``(5) Criteria for determinations.--
       ``(A) In general.--The Secretary shall make a determination 
     about whether a fishery resource disaster has occurred, based 
     on the revenue loss thresholds under subparagraph (B), and, 
     if a fishery resource disaster has occurred, whether the 
     fishery resource disaster was due to--
       ``(i) a natural cause;
       ``(ii) an anthropogenic cause;
       ``(iii) a combination of a natural cause and an 
     anthropogenic cause; or
       ``(iv) an undetermined cause.
       ``(B) Revenue loss thresholds.--
       ``(i) In general.--The Secretary shall apply the following 
     12-month revenue loss thresholds in determining whether a 
     fishery resource disaster has occurred:

       ``(I) Losses greater than 80 percent shall result in a 
     positive determination that a fishery resource disaster has 
     occurred.
       ``(II) Losses between 35 percent and 80 percent shall be 
     evaluated to determine whether a fishery resource disaster 
     has occurred, based on the information provided or analyzed 
     under paragraph (4)(B).
       ``(III) Losses less than 35 percent shall not be eligible 
     for a determination that a fishery resource disaster has 
     occurred, except where the Secretary determines there are 
     extenuating circumstances that justify using a lower 
     threshold in making the determination.

       ``(ii) Charter fishing.--In making a determination of 
     whether a fishery resource disaster has occurred, the 
     Secretary shall consider the economic impacts to the charter 
     fishing industry to ensure financial coverage for charter 
     fishing businesses.
       ``(iii) Subsistence uses.--In making a determination of 
     whether a fishery resource disaster has occurred, the 
     Secretary may consider loss of subsistence opportunity, where 
     appropriate.
       ``(C) Ineligible fisheries.--A fishery subject to 
     overfishing in any of the 3 years preceding the date of a 
     determination under this subsection is not eligible for a 
     determination of whether a fishery resource disaster has 
     occurred unless the Secretary determines that overfishing was 
     not a contributing factor to the fishery resource disaster.
       ``(D) Exceptional circumstances.--In an exceptional 
     circumstance where substantial economic impacts to the 
     affected fishery and fishing community have been subject to a 
     disaster declaration under another statutory authority, such 
     as in the case of a natural disaster or from the direct 
     consequences of a Federal action taken to prevent, or in 
     response to, a natural disaster for purposes of protecting 
     life and safety, the Secretary may

[[Page S5309]]

     determine a fishery resource disaster has occurred without a 
     request or without conducting the required analyses in 
     subparagraphs (A) and (B).
       ``(6) Disbursal of appropriated funds.--
       ``(A) Authorization.--The Secretary shall allocate funds 
     available under paragraph (9) for fishery resource disasters.
       ``(B) Allocation of appropriated fishery resource disaster 
     assistance.--
       ``(i) Notification of funding availability.--When there are 
     appropriated funds for 1 or more fishery resource disasters, 
     the Secretary shall notify the public and representatives of 
     affected fishing communities with a positive disaster 
     determination that is unfunded of the allocation under 
     paragraph (2)(B) not more than 14 days after the date of the 
     appropriation or the determination of a fishery resource 
     disaster, whichever occurs later.
       ``(ii) Extension of deadline.--The Secretary may extend the 
     deadline under clause (i) by 90 days to evaluate and make 
     determinations on eligible requests.
       ``(C) Considerations.--In determining the allocation of 
     appropriations for a fishery resource disaster, the Secretary 
     shall consider commercial, charter, headboat, or seafood 
     processing revenue losses and may consider the following 
     factors:
       ``(i) Direct economic impacts.
       ``(ii) Uninsured losses.
       ``(iii) Losses of subsistence and Tribal ceremonial fishing 
     opportunity.
       ``(iv) Losses of recreational fishing opportunity.
       ``(v) Aquaculture operations revenue loss.
       ``(vi) Direct revenue losses to a fishing community.
       ``(vii) Treaty obligations.
       ``(viii) Other economic impacts.
       ``(D) Spend plans.--To receive an allocation from funds 
     available under paragraph (9), a requestor with an 
     affirmative fishery resource disaster determination shall 
     submit a spend plan to the Secretary, not more than 120 days 
     after receiving notification that funds are available, that 
     shall include the following information, if applicable:
       ``(i) Objectives and outcomes, with an emphasis on 
     addressing the factors contributing to the fishery resource 
     disaster and minimizing future uninsured losses, if 
     applicable.
       ``(ii) Statement of work.
       ``(iii) Budget details.
       ``(E) Regional contact.--The Secretary shall provide a 
     regional contact within the National Oceanic and Atmospheric 
     Administration to facilitate review of spend plans and 
     disbursal of funds.
       ``(F) Disbursal of funds.--
       ``(i) Availability.--Funds shall be disbursed not later 
     than 90 days after the date the Secretary receives a complete 
     spend plan under subparagraph (D).
       ``(ii) Method.--The Secretary may provide an allocation of 
     funds under this subsection in the form of a grant, direct 
     payment, cooperative agreement, loan, or contract.
       ``(iii) Eligible uses.--

       ``(I) In general.--Funds allocated for fishery resources 
     disasters under this subsection shall prioritize the 
     following uses, which are not in order of priority:

       ``(aa) Habitat conservation and restoration and other 
     activities, including scientific research, that reduce 
     adverse impacts to the fishery or improve understanding of 
     the affected species or its ecosystem.
       ``(bb) The collection of fishery information and other 
     activities that improve management of the affected fishery.
       ``(cc) In a commercial fishery, capacity reduction and 
     other activities that improve management of fishing effort, 
     including funds to offset budgetary costs to refinance a 
     Federal fishing capacity reduction loan or to repay the 
     principal of a Federal fishing capacity reduction loan.
       ``(dd) Developing, repairing, or improving fishery-related 
     public infrastructure.
       ``(ee) Job training and economic transition programs.
       ``(ff) Public information campaigns on the recovery of the 
     fishery, including marketing.
       ``(gg) For any purpose that the Secretary determines is 
     appropriate to restore the fishery affected by such a 
     disaster or to prevent a similar disaster in the future.
       ``(hh) Direct assistance to a person, fishing community 
     (including assistance for lost fisheries resource levies), or 
     a business to alleviate economic loss incurred as a direct 
     result of a fishery resource disaster, particularly when 
     affected by a circumstance described in paragraph (5)(D).
       ``(ii) Appropriate economic and other incentives to 
     encourage commercial fisherman to return to the fishery once 
     it has recovered from the disaster.
       ``(jj) Hatcheries and stock enhancement to help rebuild the 
     affected stock or offset fishing pressure on the affected 
     stock.
       ``(kk) Other activities that recover or improve management 
     of the affected fishery, as determined by the Secretary.

       ``(II) Displaced fishery employees.--Where appropriate, 
     individuals carrying out the activities described in items 
     (aa) through (ff) of subclause (I) shall be individuals who 
     are, or were, employed in a commercial, charter, or Tribal 
     fishery for which the Secretary has determined that a fishery 
     resource disaster has occurred.

       ``(7) Limitations.--
       ``(A) Federal share.--
       ``(i) In general.--Except as applied to Tribes and as 
     provided in clauses (ii) and (iii), the Federal share of the 
     cost of any activity carried out under the authority of this 
     subsection shall not exceed 75 percent of the cost of that 
     activity.
       ``(ii) Waiver.--The Secretary may waive the non-Federal 
     share requirements of this subsection, if the Secretary 
     determines that--

       ``(I) no reasonable means are available through which the 
     recipient of the Federal share can meet the non-Federal share 
     requirement; and
       ``(II) the probable benefit of 100 percent Federal 
     financing outweighs the public interest in imposition of the 
     non-Federal share requirement.

       ``(iii) Exception.--The Federal share of direct assistance 
     as described in paragraph (6)(F)(iii)(I)(hh) shall be equal 
     to 100 percent.
       ``(B) Limitations on administrative expenses.--
       ``(i) Federal.--Not more than 3 percent of the funds 
     available under this subsection may be used for 
     administrative expenses by the National Oceanographic and 
     Atmospheric Administration.
       ``(ii) State or tribal governments.--Of the funds remaining 
     after the use described in clause (i), not more than 5 
     percent may be used by States, Tribal governments, or 
     interstate marine fisheries commissions for administrative 
     expenses.
       ``(C) Fishing capacity reduction program.--
       ``(i) In general.--No funds available under this subsection 
     may be used as part of a fishing capacity reduction program 
     in a fishery unless the Secretary determines that adequate 
     conservation and management measures are in place in such 
     fishery.
       ``(ii) Assistance conditions.--As a condition of providing 
     assistance under this subsection with respect to a vessel 
     under a fishing capacity reduction program, the Secretary 
     shall--

       ``(I) prohibit the vessel from being used for fishing; and
       ``(II) require that the vessel be--

       ``(aa) scrapped or otherwise disposed of in a manner 
     approved by the Secretary;
       ``(bb) donated to a nonprofit organization and thereafter 
     used only for purposes of research, education, or training; 
     or
       ``(cc) used for another non-fishing purpose provided the 
     Secretary determines that adequate measures are in place to 
     ensure that the vessel cannot reenter any fishery anywhere in 
     the world.
       ``(D) No fishery endorsement.--
       ``(i) In general.--A vessel that is prohibited from fishing 
     under subparagraph (C)(ii)(I) shall not be eligible for a 
     fishery endorsement under section 12113(a) of title 46, 
     United States Code.
       ``(ii) Noneffective.--A fishery endorsement for a vessel 
     described in clause (i) shall not be effective.
       ``(iii) No sale.--A vessel described in clause (i) shall 
     not sold to a foreign owner or reflagged.
       ``(8) Public information on data collection.--The Secretary 
     shall make available and update as appropriate, information 
     on data collection and submittal best practices for the 
     information described in paragraph (4)(B).
       ``(9) Authorization of appropriations.--
       ``(A) Authorization.--There are authorized to be 
     appropriated to carry out this subsection such sums as may be 
     necessary.
       ``(B) Availability of funds.--Amounts appropriated under 
     this subsection shall remain available until expended.
       ``(C) Tax exempt status.--The Fisheries Disasters Fund 
     appropriated under this subsection shall be a tax exempt 
     fund.''.

     SEC. ___. MAGNUSON-STEVENS FISHERY CONSERVATION AND 
                   MANAGEMENT ACT.

       (a) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1864) is repealed.
       (b) Report.--Section 113(b)(2) of the Magnuson-Stevens 
     Fishery Conservation and Management Reauthorization Act of 
     2006 (16 U.S.C. 460ss note) is amended--
       (1) in the paragraph heading, by striking ``Annual report'' 
     and inserting ``Report'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``Not later than 2 years after the date of enactment of this 
     Act, and annually thereafter'' and inserting ``Not later than 
     2 years after the date of enactment of the Fishery Failures: 
     Urgently Needed Disaster Declarations Act, and biennially 
     thereafter''; and
       (3) in subparagraph (D), by striking ``the calendar year 
     2003'' and inserting ``the most recent''.

     SEC. ___. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

       (a) Repeal.--Section 308 of the Interjurisdictional 
     Fisheries Act of 1986 (16. U.S.C. 4107) is repealed.
       (b) Technical Edit.--Section 3(k)(1) of the Small Business 
     Act (15 U.S.C. 632(k)(1)) is amended by striking ``(as 
     determined by the Secretary of Commerce under section 308(b) 
     of the Interjurisdictional Fisheries Act of 1986)'' and 
     inserting ``(as determined by the Secretary of Commerce under 
     the Fishery Failures: Urgently Needed Disaster Declarations 
     Act)''.

     SEC. ___. BUDGET REQUESTS; REPORTS.

       (a) Budget Request.--In the budget justification materials 
     submitted to Congress in support of the budget of the 
     Department of Commerce for each fiscal year (as submitted 
     with the budget of the President under section 1105(a) of 
     title 31, United States Code), the Secretary of Commerce 
     shall include a separate statement of the amount requested to 
     be appropriated for that fiscal year for outstanding unfunded 
     fishery resource disasters.

[[Page S5310]]

       (b) Driftnet Act Amendments of 1990 Report and Bycatch 
     Reduction Agreements.--
       (1) In general.--The Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) is amended--
       (A) in section 202(h), by striking paragraph (3); and
       (B) in section 206--
       (i) by striking subsections (e) and (f); and
       (ii) by redesignating subsections (g) and (h) as 
     subsections (e) and (f), respectively.
       (2) Biennial report on international compliance.--Section 
     607 of the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826h) is amended--
       (A) by inserting ``(a) In General.--'' before ``The 
     Secretary'' and indenting appropriately; and
       (B) by adding at the end the following:
       ``(b) Additional Information.--In addition to the 
     information described in paragraphs (1) through (5) of 
     subsection (a), the report shall include--
       ``(1) a description of the actions taken to carry out the 
     provisions of section 206 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826), including--
       ``(A) an evaluation of the progress of those efforts, the 
     impacts on living marine resources, including available 
     observer data, and specific plans for further action;
       ``(B) a list and description of any new fisheries developed 
     by nations that conduct, or authorize their nationals to 
     conduct, large-scale driftnet fishing beyond the exclusive 
     economic zone of any nation; and
       ``(C) a list of the nations that conduct, or authorize 
     their nationals to conduct, large-scale driftnet fishing 
     beyond the exclusive economic zone of any nation in a manner 
     that diminishes the effectiveness of or is inconsistent with 
     any international agreement governing large-scale driftnet 
     fishing to which the United States is a party or otherwise 
     subscribes; and
       ``(2) a description of the actions taken to carry out the 
     provisions of section 202(h) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1822(h)).
       ``(c) Certification.--If, at any time, the Secretary, in 
     consultation with the Secretary of State and the Secretary of 
     the department in which the Coast Guard is operating, 
     identifies any nation that warrants inclusion in the list 
     described under subsection (b)(1)(C), due to large scale 
     drift net fishing, the Secretary shall certify that fact to 
     the President. Such certification shall be deemed to be a 
     certification for the purposes of section 8(a) of the 
     Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.
       (c) Report on Efforts to Prepare and Adapt United States 
     Fishery Management for the Impacts of Climate Change.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this title, the Comptroller General of the 
     United States shall submit a report to Congress examining 
     efforts by the Regional Fishery Management Councils, the 
     Atlantic States Marine Fisheries Commission, and the National 
     Marine Fisheries Service to prepare and adapt to the impacts 
     of climate change.
       (2) Contents of study.--The report required under paragraph 
     (1) shall include--
       (A) an examination of current or previous efforts 
     (including the 2016 GAO Report on Federal Fisheries 
     Management ), and whether those efforts have resulted in 
     changes to management, by the Regional Fishery Management 
     Councils, the Atlantic States Marine Fisheries Commission, 
     and the National Marine Fisheries Service to prepare and 
     adapt Federal and jointly managed fisheries for the impacts 
     of climate change;
       (B) an examination of any guidance issued to the Regional 
     Fishery Management Councils by the National Marine Fisheries 
     Service to prepare and adapt Federal fishery management for 
     the impacts of climate change and whether and how that 
     guidance has been utilized;
       (C) identification of and recommendations for how best to 
     address the most significant economic, social, ecological, or 
     other knowledge gaps, as well as key funding gaps, that would 
     increase the ability of the Regional Fishery Management 
     Councils, the Atlantic States Marine Fisheries Commission, or 
     the National Marine Fisheries Service to prepare and adapt 
     fishery management for the impacts of climate change;
       (D) recommendations for how the Regional Fishery Management 
     Councils, the Atlantic States Marine Fisheries Commission, 
     and the National Marine Fisheries Service can better adapt 
     fishery management and prepare associated fishing industries 
     and dependent communities for the impacts of climate change; 
     and
       (E) recommendations for how to enhance the capacity of the 
     National Marine Fisheries Service to monitor climate-related 
     changes to fisheries and marine ecosystems, to understand the 
     mechanisms of change, to evaluate risks and priorities, to 
     provide forecasts and projections of future conditions, to 
     communicate scientific advice, and to better manage fisheries 
     under changing conditions due to climate change.
                                 ______
                                 
  SA 2619. Mr. WICKER (for himself, Mr. Cassidy, Mr. Sullivan, Ms. 
Cantwell, and Ms. Murkowski) submitted an amendment intended to be 
proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                TITLE __FISHERY RESOURCE DISASTER RELIEF

     SEC. ___. SHORT TITLE.

       This title may be cited as the ``Fishery Failures: Urgently 
     Needed Disaster Declarations Act''.

     SEC. ___. FISHERY RESOURCE DISASTER RELIEF.

       Section 312(a) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1861a(a)) is amended to read as 
     follows:
       ``(a) Fishery Resource Disaster Relief.--
       ``(1) Definitions.--In this subsection:
       ``(A) Allowable cause.--The term `allowable cause' means a 
     natural cause, discrete anthropogenic cause, or undetermined 
     cause.
       ``(B) Anthropogenic cause.--The term `anthropogenic cause' 
     means an anthropogenic event, such as an oil spill or 
     spillway opening--
       ``(i) that could not have been addressed or prevented by 
     fishery management measures; and
       ``(ii) that is otherwise beyond the control of fishery 
     managers to mitigate through conservation and management 
     measures, including regulatory restrictions imposed as a 
     result of judicial action or to protect human health or 
     marine animals, plants, or habitats.
       ``(C) Fishery resource disaster.--The term `fishery 
     resource disaster' means a disaster that is determined by the 
     Secretary in accordance with this subsection and--
       ``(i) is an unexpected decrease in fish stock biomass or 
     other change that results in significant loss of access to 
     the fishery resource, which may include loss of fishing 
     vessels and gear for a substantial period of time and results 
     in significant revenue or subsistence loss due to an 
     allowable cause; and
       ``(ii) does not include--

       ``(I) reasonably predictable, foreseeable, and recurrent 
     fishery cyclical variations in species distribution or stock 
     abundance; or
       ``(II) reductions in fishing opportunities resulting from 
     conservation and management measures taken pursuant to this 
     Act.

       ``(D) Indian tribe.--The term `Indian Tribe' has the 
     meaning given such term in section 102 of the Federally 
     Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130), 
     and the term `Tribal' means of or pertaining to such an 
     Indian tribe.
       ``(E) Natural cause.--The term `natural cause'--
       ``(i) means a weather, climatic, hazard, or biology-related 
     event, such as--

       ``(I) a hurricane;
       ``(II) a flood;
       ``(III) a harmful algal bloom;
       ``(IV) a tsunami;
       ``(V) a hypoxic zone;
       ``(VI) a drought;
       ``(VII) El Nino effects on water temperature;
       ``(VIII) a marine heat wave;
       ``(IX) disease; or
       ``(X) access to fishery resources that is impeded due to 
     impacts to captains and crew caused by the COVID-19 pandemic; 
     and

       ``(ii) does not mean a normal or cyclical variation in a 
     species distribution or stock abundance.
       ``(F) 12-month revenue loss.--The term `12-month revenue 
     loss' means the percentage reduction in commercial, charter, 
     headboat, and processor revenue for the 12 months during the 
     fishery resource disaster period that is due to the fishery 
     resource disaster, when compared to average annual revenue in 
     the most recent 5-year period or equivalent for stocks with 
     cyclical life histories.
       ``(G) Undetermined cause.--The term `undetermined cause' 
     means a cause in which the current state of knowledge does 
     not allow the Secretary to identify the exact cause, and 
     there is no current conclusive evidence supporting a possible 
     cause of the fishery resource disaster.
       ``(2) General authority.--
       ``(A) In general.--The Secretary shall have the authority 
     to determine the existence, extent, and beginning and end 
     dates of a fishery resource disaster under this subsection in 
     accordance with this subsection.
       ``(B) Availability of funds.--After the Secretary 
     determines that a fishery resource disaster has occurred, the 
     Secretary is authorized to make sums available, from funds 
     appropriated under paragraph (9) that are available, to be 
     used by the affected State, Tribal government, or interstate 
     marine fisheries commission, or by the Secretary in 
     cooperation with the affected State, Tribal government, or 
     interstate marine fisheries commission.
       ``(C) Savings clause.--
       ``(i) In general.--Except as provided under clause (ii), 
     the requirements under this subsection shall take effect only 
     with respect to requests for a fishery resource disaster 
     determination submitted after the date of enactment of the 
     Fishery Failures: Urgently Needed Disaster Declarations Act.
       ``(ii) Exception.--Clause (i) shall not apply to a fishery 
     resource disaster determination related to the COVID-19 
     pandemic.
       ``(3) Initiation of a fishery resource disaster review.--
       ``(A) Eligible requesters.--Not later than 1 year after the 
     date of the conclusion of the

[[Page S5311]]

     fishing season, a request for a fishery resource disaster 
     determination may be submitted to the Secretary, if the 
     Secretary has not independently determined that a fishery 
     resource disaster has occurred, by--
       ``(i) the Governor of an affected State;
       ``(ii) an official Tribal resolution; or
       ``(iii) any other comparable elected or politically 
     appointed representative as determined by the Secretary.
       ``(B) Required information.--A complete request for a 
     fishery resource disaster determination under subparagraph 
     (A) shall include--
       ``(i) identification of all presumed affected fish stocks;
       ``(ii) identification of the fishery as Federal, non-
     Federal, or both;
       ``(iii) the geographical boundaries of the fishery;
       ``(iv) preliminary information on causes of the fishery 
     resource disaster, if known; and
       ``(v) information needed to support a finding of a fishery 
     resource disaster, including--

       ``(I) information demonstrating the occurrence of an 
     unexpected decrease in fish stock biomass or other change 
     that results in significant loss of access to the fishery 
     resource, which could include the loss of fishing vessels and 
     gear, for a substantial period of time;
       ``(II) 12-month revenue loss or subsistence loss for the 
     affected Federal fishery, or if a fishery resource disaster 
     has occurred at any time in the previous 5-year period, an 
     appropriate time frame as determined by the Secretary;
       ``(III) if applicable, information on lost resource tax 
     revenues assessed by local communities, such as a raw fish 
     tax; and
       ``(IV) if applicable, information on 12-month revenue loss 
     for processors related to the information provided under 
     subclause (I), subject to section 402(b).

       ``(C) Assistance.--The Secretary may provide assistance, 
     data, and analysis to an eligible requester described in 
     paragraph (1), if so requested and the data is not available 
     to the requester, in carrying out the compete request under 
     subparagraph (A).
       ``(4) Review process.--
       ``(A) Interim response.--Not later than 20 days after 
     receipt of a request under paragraph (3), the Secretary shall 
     provide an interim response to the individual that--
       ``(i) acknowledges receipt of the request;
       ``(ii) provides a regional contact within the National 
     Oceanographic and Atmospheric Administration;
       ``(iii) outlines the process and timeline by which a 
     request shall be considered; and
       ``(iv) requests additional information concerning the 
     fishery resource disaster, if the original request is 
     considered incomplete.
       ``(B) Evaluation of requests.--
       ``(i) In general.--The Secretary shall complete a review, 
     within the time frame described in clause (ii), using the 
     best scientific information available, in consultation with 
     the affected fishing communities, States, or Tribes, of--

       ``(I) the information provided by the requester and any 
     additional information relevant to the fishery, which may 
     include--

       ``(aa) fishery characteristics;
       ``(bb) stock assessments;
       ``(cc) the most recent fishery independent surveys and 
     other fishery resource assessments and surveys conducted by 
     Federal, State, or Tribal officials;
       ``(dd) estimates of mortality; and
       ``(ee) overall effects; and

       ``(II) the available economic information, which may 
     include an analysis of--

       ``(aa) landings data;
       ``(bb) revenue;
       ``(cc) the number of participants involved;
       ``(dd) the number and type of jobs and persons impacted, 
     which may include--
       ``(AA) fishers;
       ``(BB) charter fishing operators;
       ``(CC) subsistence users;
       ``(DD) United States fish processors; and
       ``(EE) an owner of a related fishery infrastructure or 
     business affected by the disaster, such as a marina operator, 
     recreational fishing equipment retailer, or charter, 
     headboat, or tender vessel owner, operator, or crew;
       ``(ee) an impacted Indian Tribe;
       ``(ff) an impacted business or other entity;
       ``(gg) the availability of hazard insurance to address 
     financial losses due to a disaster;
       ``(hh) other forms of disaster assistance made available to 
     the fishery, including prior awards of disaster assistance 
     for the same event;
       ``(ii) the length of time the resource, or access to the 
     resource, has been restricted;
       ``(jj) status of recovery from previous fishery resource 
     disasters;
       ``(kk) lost resource tax revenues assessed by local 
     communities, such as a raw fish tax; and
       ``(ll) other appropriate indicators to an affected fishery, 
     as determined by the National Marine Fisheries Service.
       ``(ii) Time frame.--The Secretary shall complete the review 
     described in clause (i), if the fishing season, applicable to 
     the fishery--

       ``(I) has concluded or there is no defined fishing season 
     applicable to the fishery, not later than 120 days after the 
     Secretary receives a complete request for a fishery resource 
     disaster determination;
       ``(II) has not concluded, not later than 120 days after the 
     conclusion of the fishing season; or
       ``(III) has not been opened, not later than 120 days after 
     the Secretary receives a complete request for a fishery 
     resource disaster determination.

       ``(C) Fishery resource disaster determination.--The 
     Secretary shall make the determination of a fishery resource 
     disaster based on the criteria for determinations listed in 
     paragraph (5).
       ``(D) Notification.--Not later than 14 days after the 
     conclusion of the review under this paragraph, the Secretary 
     shall notify the requestor and the Governor of the affected 
     State or Tribal representative of the determination of the 
     Secretary.
       ``(5) Criteria for determinations.--
       ``(A) In general.--The Secretary shall make a determination 
     about whether a fishery resource disaster has occurred, based 
     on the revenue loss thresholds under subparagraph (B), and, 
     if a fishery resource disaster has occurred, whether the 
     fishery resource disaster was due to--
       ``(i) a natural cause;
       ``(ii) an anthropogenic cause;
       ``(iii) a combination of a natural cause and an 
     anthropogenic cause; or
       ``(iv) an undetermined cause.
       ``(B) Revenue loss thresholds.--
       ``(i) In general.--The Secretary shall apply the following 
     12-month revenue loss thresholds in determining whether a 
     fishery resource disaster has occurred:

       ``(I) Losses greater than 80 percent shall result in a 
     positive determination that a fishery resource disaster has 
     occurred.
       ``(II) Losses between 35 percent and 80 percent shall be 
     evaluated to determine whether a fishery resource disaster 
     has occurred, based on the information provided or analyzed 
     under paragraph (4)(B).
       ``(III) Losses less than 35 percent shall not be eligible 
     for a determination that a fishery resource disaster has 
     occurred, except where the Secretary determines there are 
     extenuating circumstances that justify using a lower 
     threshold in making the determination.

       ``(ii) Charter fishing.--In making a determination of 
     whether a fishery resource disaster has occurred, the 
     Secretary shall consider the economic impacts to the charter 
     fishing industry to ensure financial coverage for charter 
     fishing businesses.
       ``(iii) Subsistence uses.--In making a determination of 
     whether a fishery resource disaster has occurred, the 
     Secretary may consider loss of subsistence opportunity, where 
     appropriate.
       ``(C) Ineligible fisheries.--A fishery subject to 
     overfishing in any of the 3 years preceding the date of a 
     determination under this subsection is not eligible for a 
     determination of whether a fishery resource disaster has 
     occurred unless the Secretary determines that overfishing was 
     not a contributing factor to the fishery resource disaster.
       ``(D) Exceptional circumstances.--In an exceptional 
     circumstance where substantial economic impacts to the 
     affected fishery and fishing community have been subject to a 
     disaster declaration under another statutory authority, such 
     as in the case of a natural disaster or from the direct 
     consequences of a Federal action taken to prevent, or in 
     response to, a natural disaster for purposes of protecting 
     life and safety, the Secretary may determine a fishery 
     resource disaster has occurred without a request or without 
     conducting the required analyses in subparagraphs (A) and 
     (B).
       ``(6) Disbursal of appropriated funds.--
       ``(A) Authorization.--The Secretary shall allocate funds 
     available under paragraph (9) for fishery resource disasters.
       ``(B) Allocation of appropriated fishery resource disaster 
     assistance.--
       ``(i) Notification of funding availability.--When there are 
     appropriated funds for 1 or more fishery resource disasters, 
     the Secretary shall notify the public and representatives of 
     affected fishing communities with a positive disaster 
     determination that is unfunded of the allocation under 
     paragraph (2)(B) not more than 14 days after the date of the 
     appropriation or the determination of a fishery resource 
     disaster, whichever occurs later.
       ``(ii) Extension of deadline.--The Secretary may extend the 
     deadline under clause (i) by 90 days to evaluate and make 
     determinations on eligible requests.
       ``(C) Considerations.--In determining the allocation of 
     appropriations for a fishery resource disaster, the Secretary 
     shall consider commercial, charter, headboat, or seafood 
     processing revenue losses and may consider the following 
     factors:
       ``(i) Direct economic impacts.
       ``(ii) Uninsured losses.
       ``(iii) Losses of subsistence and Tribal ceremonial fishing 
     opportunity.
       ``(iv) Losses of recreational fishing opportunity.
       ``(v) Aquaculture operations revenue loss.
       ``(vi) Direct revenue losses to a fishing community.
       ``(vii) Treaty obligations.
       ``(viii) Other economic impacts.
       ``(D) Spend plans.--To receive an allocation from funds 
     available under paragraph (9), a requestor with an 
     affirmative fishery resource disaster determination shall 
     submit a spend plan to the Secretary, not more than 120 days 
     after receiving notification that funds are available, that 
     shall include the following information, if applicable:
       ``(i) Objectives and outcomes, with an emphasis on 
     addressing the factors contributing to the fishery resource 
     disaster and minimizing future uninsured losses, if 
     applicable.
       ``(ii) Statement of work.
       ``(iii) Budget details.

[[Page S5312]]

       ``(E) Regional contact.--The Secretary shall provide a 
     regional contact within the National Oceanic and Atmospheric 
     Administration to facilitate review of spend plans and 
     disbursal of funds.
       ``(F) Disbursal of funds.--
       ``(i) Availability.--Funds shall be disbursed not later 
     than 90 days after the date the Secretary receives a complete 
     spend plan under subparagraph (D).
       ``(ii) Method.--The Secretary may provide an allocation of 
     funds under this subsection in the form of a grant, direct 
     payment, cooperative agreement, loan, or contract.
       ``(iii) Eligible uses.--

       ``(I) In general.--Funds allocated for fishery resources 
     disasters under this subsection shall prioritize the 
     following uses, which are not in order of priority:

       ``(aa) Habitat conservation and restoration and other 
     activities, including scientific research, that reduce 
     adverse impacts to the fishery or improve understanding of 
     the affected species or its ecosystem.
       ``(bb) The collection of fishery information and other 
     activities that improve management of the affected fishery.
       ``(cc) In a commercial fishery, capacity reduction and 
     other activities that improve management of fishing effort, 
     including funds to offset budgetary costs to refinance a 
     Federal fishing capacity reduction loan or to repay the 
     principal of a Federal fishing capacity reduction loan.
       ``(dd) Developing, repairing, or improving fishery-related 
     public infrastructure.
       ``(ee) Job training and economic transition programs.
       ``(ff) Public information campaigns on the recovery of the 
     fishery, including marketing.
       ``(gg) For any purpose that the Secretary determines is 
     appropriate to restore the fishery affected by such a 
     disaster or to prevent a similar disaster in the future.
       ``(hh) Direct assistance to a person, fishing community 
     (including assistance for lost fisheries resource levies), or 
     a business to alleviate economic loss incurred as a direct 
     result of a fishery resource disaster, particularly when 
     affected by a circumstance described in paragraph (5)(D).
       ``(ii) Appropriate economic and other incentives to 
     encourage commercial fisherman to return to the fishery once 
     it has recovered from the disaster.
       ``(jj) Hatcheries and stock enhancement to help rebuild the 
     affected stock or offset fishing pressure on the affected 
     stock.
       ``(kk) Other activities that recover or improve management 
     of the affected fishery, as determined by the Secretary.

       ``(II) Displaced fishery employees.--Where appropriate, 
     individuals carrying out the activities described in items 
     (aa) through (ff) of subclause (I) shall be individuals who 
     are, or were, employed in a commercial, charter, or Tribal 
     fishery for which the Secretary has determined that a fishery 
     resource disaster has occurred.

       ``(7) Limitations.--
       ``(A) Federal share.--
       ``(i) In general.--Except as applied to Tribes and as 
     provided in clauses (ii) and (iii), the Federal share of the 
     cost of any activity carried out under the authority of this 
     subsection shall not exceed 75 percent of the cost of that 
     activity.
       ``(ii) Waiver.--The Secretary may waive the non-Federal 
     share requirements of this subsection, if the Secretary 
     determines that--

       ``(I) no reasonable means are available through which the 
     recipient of the Federal share can meet the non-Federal share 
     requirement; and
       ``(II) the probable benefit of 100 percent Federal 
     financing outweighs the public interest in imposition of the 
     non-Federal share requirement.

       ``(iii) Exception.--The Federal share of direct assistance 
     as described in paragraph (6)(F)(iii)(I)(hh) shall be equal 
     to 100 percent.
       ``(B) Limitations on administrative expenses.--
       ``(i) Federal.--Not more than 3 percent of the funds 
     available under this subsection may be used for 
     administrative expenses by the National Oceanographic and 
     Atmospheric Administration.
       ``(ii) State or tribal governments.--Of the funds remaining 
     after the use described in clause (i), not more than 5 
     percent may be used by States, Tribal governments, or 
     interstate marine fisheries commissions for administrative 
     expenses.
       ``(C) Fishing capacity reduction program.--
       ``(i) In general.--No funds available under this subsection 
     may be used as part of a fishing capacity reduction program 
     in a fishery unless the Secretary determines that adequate 
     conservation and management measures are in place in such 
     fishery.
       ``(ii) Assistance conditions.--As a condition of providing 
     assistance under this subsection with respect to a vessel 
     under a fishing capacity reduction program, the Secretary 
     shall--

       ``(I) prohibit the vessel from being used for fishing; and
       ``(II) require that the vessel be--

       ``(aa) scrapped or otherwise disposed of in a manner 
     approved by the Secretary;
       ``(bb) donated to a nonprofit organization and thereafter 
     used only for purposes of research, education, or training; 
     or
       ``(cc) used for another non-fishing purpose provided the 
     Secretary determines that adequate measures are in place to 
     ensure that the vessel cannot reenter any fishery anywhere in 
     the world.
       ``(D) No fishery endorsement.--
       ``(i) In general.--A vessel that is prohibited from fishing 
     under subparagraph (C)(ii)(I) shall not be eligible for a 
     fishery endorsement under section 12113(a) of title 46, 
     United States Code.
       ``(ii) Noneffective.--A fishery endorsement for a vessel 
     described in clause (i) shall not be effective.
       ``(iii) No sale.--A vessel described in clause (i) shall 
     not sold to a foreign owner or reflagged.
       ``(8) Public information on data collection.--The Secretary 
     shall make available and update as appropriate, information 
     on data collection and submittal best practices for the 
     information described in paragraph (4)(B).
       ``(9) Authorization of appropriations.--
       ``(A) Authorization.--There are authorized to be 
     appropriated to carry out this subsection such sums as may be 
     necessary.
       ``(B) Availability of funds.--Amounts appropriated under 
     this subsection shall remain available until expended.
       ``(C) Tax exempt status.--The Fisheries Disasters Fund 
     appropriated under this subsection shall be a tax exempt 
     fund.''.

     SEC. ___. MAGNUSON-STEVENS FISHERY CONSERVATION AND 
                   MANAGEMENT ACT.

       (a) Repeal.--Section 315 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1864) is repealed.
       (b) Report.--Section 113(b)(2) of the Magnuson-Stevens 
     Fishery Conservation and Management Reauthorization Act of 
     2006 (16 U.S.C. 460ss note) is amended--
       (1) in the paragraph heading, by striking ``Annual report'' 
     and inserting ``Report'';
       (2) in the matter preceding subparagraph (A), by striking 
     ``Not later than 2 years after the date of enactment of this 
     Act, and annually thereafter'' and inserting ``Not later than 
     2 years after the date of enactment of the Fishery Failures: 
     Urgently Needed Disaster Declarations Act, and biennially 
     thereafter''; and
       (3) in subparagraph (D), by striking ``the calendar year 
     2003'' and inserting ``the most recent''.

     SEC. ___. INTERJURISDICTIONAL FISHERIES ACT OF 1986.

       (a) Repeal.--Section 308 of the Interjurisdictional 
     Fisheries Act of 1986 (16. U.S.C. 4107) is repealed.
       (b) Technical Edit.--Section 3(k)(1) of the Small Business 
     Act (15 U.S.C. 632(k)(1)) is amended by striking ``(as 
     determined by the Secretary of Commerce under section 308(b) 
     of the Interjurisdictional Fisheries Act of 1986)'' and 
     inserting ``(as determined by the Secretary of Commerce under 
     the Fishery Failures: Urgently Needed Disaster Declarations 
     Act)''.

     SEC. ___. BUDGET REQUESTS; REPORTS.

       (a) Budget Request.--In the budget justification materials 
     submitted to Congress in support of the budget of the 
     Department of Commerce for each fiscal year (as submitted 
     with the budget of the President under section 1105(a) of 
     title 31, United States Code), the Secretary of Commerce 
     shall include a separate statement of the amount requested to 
     be appropriated for that fiscal year for outstanding unfunded 
     fishery resource disasters.
       (b) Driftnet Act Amendments of 1990 Report and Bycatch 
     Reduction Agreements.--
       (1) In general.--The Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) is amended--
       (A) in section 202(h), by striking paragraph (3); and
       (B) in section 206--
       (i) by striking subsections (e) and (f); and
       (ii) by redesignating subsections (g) and (h) as 
     subsections (e) and (f), respectively.
       (2) Biennial report on international compliance.--Section 
     607 of the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826h) is amended--
       (A) by inserting ``(a) In General.--'' before ``The 
     Secretary'' and indenting appropriately; and
       (B) by adding at the end the following:
       ``(b) Additional Information.--In addition to the 
     information described in paragraphs (1) through (5) of 
     subsection (a), the report shall include--
       ``(1) a description of the actions taken to carry out the 
     provisions of section 206 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826), including--
       ``(A) an evaluation of the progress of those efforts, the 
     impacts on living marine resources, including available 
     observer data, and specific plans for further action;
       ``(B) a list and description of any new fisheries developed 
     by nations that conduct, or authorize their nationals to 
     conduct, large-scale driftnet fishing beyond the exclusive 
     economic zone of any nation; and
       ``(C) a list of the nations that conduct, or authorize 
     their nationals to conduct, large-scale driftnet fishing 
     beyond the exclusive economic zone of any nation in a manner 
     that diminishes the effectiveness of or is inconsistent with 
     any international agreement governing large-scale driftnet 
     fishing to which the United States is a party or otherwise 
     subscribes; and
       ``(2) a description of the actions taken to carry out the 
     provisions of section 202(h) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1822(h)).
       ``(c) Certification.--If, at any time, the Secretary, in 
     consultation with the Secretary of State and the Secretary of 
     the department in which the Coast Guard is operating, 
     identifies any nation that warrants inclusion in the list 
     described under subsection

[[Page S5313]]

     (b)(1)(C), due to large scale drift net fishing, the 
     Secretary shall certify that fact to the President. Such 
     certification shall be deemed to be a certification for the 
     purposes of section 8(a) of the Fishermen's Protective Act of 
     1967 (22 U.S.C. 1978(a)).''.
       (c) Report on Efforts to Prepare and Adapt United States 
     Fishery Management for the Impacts of Climate Change.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this title, the Comptroller General of the 
     United States shall submit a report to Congress examining 
     efforts by the Regional Fishery Management Councils, the 
     Atlantic States Marine Fisheries Commission, and the National 
     Marine Fisheries Service to prepare and adapt to the impacts 
     of climate change.
       (2) Contents of study.--The report required under paragraph 
     (1) shall include--
       (A) an examination of current or previous efforts 
     (including the 2016 GAO Report on Federal Fisheries 
     Management ), and whether those efforts have resulted in 
     changes to management, by the Regional Fishery Management 
     Councils, the Atlantic States Marine Fisheries Commission, 
     and the National Marine Fisheries Service to prepare and 
     adapt Federal and jointly managed fisheries for the impacts 
     of climate change;
       (B) an examination of any guidance issued to the Regional 
     Fishery Management Councils by the National Marine Fisheries 
     Service to prepare and adapt Federal fishery management for 
     the impacts of climate change and whether and how that 
     guidance has been utilized;
       (C) identification of and recommendations for how best to 
     address the most significant economic, social, ecological, or 
     other knowledge gaps, as well as key funding gaps, that would 
     increase the ability of the Regional Fishery Management 
     Councils, the Atlantic States Marine Fisheries Commission, or 
     the National Marine Fisheries Service to prepare and adapt 
     fishery management for the impacts of climate change;
       (D) recommendations for how the Regional Fishery Management 
     Councils, the Atlantic States Marine Fisheries Commission, 
     and the National Marine Fisheries Service can better adapt 
     fishery management and prepare associated fishing industries 
     and dependent communities for the impacts of climate change; 
     and
       (E) recommendations for how to enhance the capacity of the 
     National Marine Fisheries Service to monitor climate-related 
     changes to fisheries and marine ecosystems, to understand the 
     mechanisms of change, to evaluate risks and priorities, to 
     provide forecasts and projections of future conditions, to 
     communicate scientific advice, and to better manage fisheries 
     under changing conditions due to climate change.
                                 ______
                                 
  SA 2620. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. SUPPLEMENTAL EMERGENCY UNEMPLOYMENT RELIEF FOR 
                   GOVERNMENTAL ENTITIES AND NONPROFIT 
                   ORGANIZATIONS.

       (a) In General.--Section 903(i)(1)(B) of the Social 
     Security Act (42 U.S.C. 1103(i)(1)(B)) is amended by striking 
     ``one-half'' and inserting ``100 percent''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     Relief for Workers Affected by Coronavirus Act (contained in 
     subtitle A of title II of division A of the CARES Act (Public 
     Law 116-136)).
                                 ______
                                 
  SA 2621. Mr. BLUNT (for himself, Mr. Cramer, Mr. Daines, and Mr. 
Sullivan) submitted an amendment intended to be proposed to amendment 
SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross 
human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

        At the end, add the following:

     SEC. 3. SUSTAINING TOURISM ENTERPRISES DURING THE COVID-19 
                   PANDEMIC.

       (a) Short Title.--This section may be cited as the 
     ``Sustaining Tourism Enterprises During the COVID-19 Pandemic 
     Act'' or the ``STEP Act''.
       (b) Tourism and Events Support and Promotion.--Title II of 
     the Public Works and Economic Development Act of 1965 is 
     amended by inserting after section 207 (42 U.S.C. 3147) the 
     following:

     ``SEC. 208. TOURISM AND EVENTS SUPPORT AND PROMOTION.

       ``(a) In General.--Not later than 90 days after the date of 
     enactment of the Sustaining Tourism Enterprises During the 
     COVID-19 Pandemic Act, the Secretary shall provide grants to 
     eligible entities--
       ``(1) to assist with loss of revenue due to the economic 
     impact of the Coronavirus Disease 2019 (COVID-19); and
       ``(2) to promote economic recovery in communities affected 
     by a decline in tourism and events due to COVID-19.
       ``(b) Eligible Entities.--An entity eligible to receive a 
     grant under this section is an entity that performs tourism 
     promotion responsibilities, hosts, organizes, owns, operates, 
     or staffs an event venue, a convention, or a trade show, or 
     provides services as a concessionaire to events and tourism 
     locations, including--
       ``(1) a State tourism board or department;
       ``(2) a political subdivision or instrumentality of a State 
     or local government;
       ``(3) a unit of local government, including a county 
     government;
       ``(4) a Tribal government;
       ``(5) a multijurisdictional or regional group;
       ``(6) a nonprofit organization described in section 501(c) 
     of the Internal Revenue Code of 1986 and exempt from taxation 
     under section 501(a) of that Code;
       ``(7) a quasi-governmental organization; and
       ``(8) a private business.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, an eligible entity shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(d) Selection.--The Secretary shall select eligible 
     entities to receive grants under this section based on 
     factors to be determined by the Secretary, using the best 
     available data, including economic impact information 
     provided by applicants, such as information on job losses 
     faced by the eligible entity or within the industry of the 
     eligible entity, to address the economic recovery needs in 
     areas impacted by the decline in travel, tourism, and events 
     activities, and the associated revenues, due to COVID-19.
       ``(e) Use of Funds.--
       ``(1) In general.--An eligible entity may use the funds 
     from a grant under this section--
       ``(A) to pay costs associated with tourism marketing and 
     promotion activities necessary to assist with economic 
     recovery from lost revenue due to COVID-19, including to 
     purchase advertisements from local media outlets, including 
     on radio and television broadcast stations and in newspapers, 
     for the purpose of marketing, public awareness, or 
     information campaigns relating to local tourism;
       ``(B) to pay costs to promote economic recovery in 
     communities impacted by a decline in travel, tourism, and 
     events revenue as a result of COVID-19, including through the 
     provision of information on the safety and security of sites 
     for traveler or attendee awareness;
       ``(C) to pay cleaning and sanitary costs, including 
     physical modifications, associated with precautions to 
     provide for safe worker, traveler, or event environments; and
       ``(D) to pay the costs of salaries and expenses associated 
     with the operations of the eligible entity with respect to 
     activities described in subparagraphs (A), (B), and (C).
       ``(2) Prohibition.--Funds from a grant under this section 
     may not be used for activities related to or for purposes of 
     lobbying any governmental entity.
       ``(f) Distribution.--Of the amounts made available to carry 
     out this section--
       ``(1) $2,000,000,000 shall be for expedited grants to 
     eligible entities to offset revenue losses due to the 
     economic impact of COVID-19; and
       ``(2) any remaining amounts shall be for grants for 
     activities described in subparagraphs (A) through (D) of 
     subsection (e)(1).
       ``(g) Maximum Amount of Grant.--An eligible entity may not 
     receive a grant under this section in an amount that is--
       ``(1) in the case of a grant under subsection (f)(1), more 
     than 80 percent of the loss in revenue experienced by the 
     eligible entity during the period beginning March 1, 2020, 
     and ending on the date of submission of the application, as 
     compared to the same period in 2019; and
       ``(2) in the case of a grant under subsection (f)(2), more 
     than 80 percent of the revenue of the eligible entity during 
     calendar year 2019.
       ``(h) Limitation.--
       ``(1) In general.--Not more than 15 percent of the amounts 
     made available to carry out this section may be used to 
     provide grants to eligible entities that are private 
     businesses.
       ``(2) Priority.--The Secretary shall give priority for the 
     amounts under paragraph (1) to private businesses that are 
     small business concerns (within the meaning of section 3 of 
     the Small Business Act (15 U.S.C. 632)).
       ``(i) No CEDS Required.--To receive a grant under this 
     section, an eligible entity shall not be required to have a 
     comprehensive economic development strategy.
       ``(j) Waiver.--The Secretary may waive, or specify 
     alternative requirements for, any provision of any statute or 
     regulation that the Secretary administers in connection with 
     a grant under this section if the Secretary determines that 
     any such waivers or alternative requirements are necessary to 
     expedite or facilitate the use of the amounts made available 
     under this section.
       ``(k) Federal Share.--Notwithstanding section 204, the 
     Federal share of the cost of an activity carried out with a 
     grant under this section shall be 100 percent.
       ``(l) Administration.--
       ``(1) In general.--Not more than 2 percent of the amounts 
     made available to carry out this section may be used for the 
     administrative costs of carrying out this section.
       ``(2) Staffing.--
       ``(A) Temporary appointment.--The Secretary may appoint and 
     fix the compensation

[[Page S5314]]

     of such temporary personnel as may be necessary to carry out 
     this section, without regard to the provisions of title 5, 
     United States Code, governing appointments in competitive 
     service.
       ``(B) Permanent appointment.--
       ``(i) In general.--In the case of an individual appointed 
     as temporary personnel under subparagraph (A) who has served 
     continuously for not less than 2 years, the Secretary may 
     appoint that individual to a position in the Economic 
     Development Administration in the same manner that 
     competitive service employees with competitive status are 
     considered for transfer, reassignment, or promotion to such 
     positions.
       ``(ii) Treatment.--An individual appointed to a position 
     under clause (i) shall become a career-conditional employee, 
     unless the employee has already completed the service 
     requirements for career tenure.
       ``(3) Investigations and audits.--The Secretary shall use 
     $3,000,000 of the amounts made available to carry out this 
     section to carry out investigations and audits related to the 
     provision of grants under this section.
       ``(m) Funding.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000,000, to remain available until September 30, 
     2022.
       ``(2) Additional funding.--Notwithstanding any other 
     provision of law, the Secretary may use any amounts made 
     available to the Secretary under the heading `economic 
     development assistance programs (including transfers of 
     funds)' under the heading `Economic Development 
     Administration' under the heading `DEPARTMENT OF COMMERCE' in 
     title II of division B of the CARES Act (Public Law 116-136) 
     that are unobligated as of the date of enactment of the 
     Sustaining Tourism Enterprises During the COVID-19 Pandemic 
     Act to provide grants under this section.''.
                                 ______
                                 
  SA 2622. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. MAINTAINING 2021 MEDICARE PART B PREMIUM AND 
                   DEDUCTIBLE AT 2020 LEVELS CONSISTENT WITH 
                   ACTUARIALLY FAIR RATES.

       (a) 2021 Premium and Deductible and Repayment Through 
     Future Premiums.--Section 1839(a) of the Social Security Act 
     (42 U.S.C. 1395r(a)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``(5) and (6)'' and inserting ``(5), (6), and (7)'';
       (2) in paragraph (6)(C)--
       (A) in clause (i), by striking ``section 1844(d)(1)'' and 
     inserting ``subsections (d)(1) and (e)(1) of section 1844''; 
     and
       (B) in clause (ii), by striking ``paragraph (5)'' and 
     inserting ``paragraphs (5) and (7)''; and
       (3) by adding at the end the following:
       ``(7) In applying this part (including subsection (i) and 
     section 1833(b)), the monthly actuarial rate for enrollees 
     age 65 and over for 2021 shall be the same as the monthly 
     actuarial rate for enrollees age 65 and over for 2020.''.
       (b) Transitional Government Contribution.--Section 1844 of 
     the Social Security Act (42 U.S.C. 1395w) is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``In applying paragraph (1), the amounts 
     transferred under subsection (e)(1) with respect to enrollees 
     described in subparagraphs (A) and (B) of such subsection 
     shall be treated as premiums payable and deposited in the 
     Trust Fund under subparagraphs (A) and (B), respectively, of 
     paragraph (1).''; and
       (2) by adding at the end the following:
       ``(e)(1) For 2021, there shall be transferred from the 
     General Fund to the Trust Fund an amount, as estimated by the 
     Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to the reduction in aggregate premiums 
     payable under this part for a month in such year (excluding 
     any changes in amounts collected under section 1839(i)) that 
     are attributable to the application of section 1839(a)(7) 
     with respect to--
       ``(A) enrollees age 65 and over; and
       ``(B) enrollees under age 65.
     Such amounts shall be transferred from time to time as 
     appropriate.
       ``(2) Premium increases affected under section 1839(a)(6) 
     shall not be taken into account in applying subsection (a).
       ``(3) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the 
     additional premiums payable as a result of the application of 
     section 1839(a)(6), excluding the aggregate payments 
     attributable to the application of section 
     1839(i)(3)(A)(ii)(II).''.
       (c) Additional Transitional Government Contribution.--
     Section 1844 of the Social Security Act (42 U.S.C. 1395w), as 
     amended by subsection (b)(2), is amended by adding at the end 
     the following:
       ``(f)(1) There shall be transferred from the General Fund 
     of the Treasury to the Trust Fund an amount, as estimated by 
     the Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to amounts paid under the advance payment 
     program under section 421.214 of title 42, Code of Federal 
     Regulations (or any successor regulation) during the period 
     beginning on March 28, 2020, and ending on July 9, 2020.
       ``(2) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the sum 
     of--
       ``(A) the amounts by which claims have offset (in whole or 
     in part) the amount of such advance payments described in 
     paragraph (1); and
       ``(B) the amount of such advance payments that has been 
     repaid (in whole or in part), under the advance payment 
     program under such section 421.214 (or any such successor 
     regulation).
       ``(3) Amounts described in paragraphs (1) and (2) shall be 
     transferred from time to time as appropriate.''.
       (d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is 
     amended by moving the indentation of subclause (I) two ems to 
     the right.
       (e) Emergency Designation.--
       (1) In general.--The amounts provided by this section and 
     the amendments made by this section are designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
       (2) Designation in senate.--In the Senate, this section and 
     the amendments made by this section are designated as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018.
                                 ______
                                 
  SA 2623. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

 TITLE __--SUPPORTING PATIENTS, PROVIDERS, OLDER AMERICANS, AND FOSTER 
                    YOUTH IN RESPONDING TO COVID-19

           Subtitle A--Promoting Access to Care and Services

     SEC. _01. MAINTAINING 2021 MEDICARE PART B PREMIUM AND 
                   DEDUCTIBLE AT 2020 LEVELS CONSISTENT WITH 
                   ACTUARIALLY FAIR RATES.

       (a) 2021 Premium and Deductible and Repayment Through 
     Future Premiums.--Section 1839(a) of the Social Security Act 
     (42 U.S.C. 1395r(a)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``(5) and (6)'' and inserting ``(5), (6), and (7)'';
       (2) in paragraph (6)(C)--
       (A) in clause (i), by striking ``section 1844(d)(1)'' and 
     inserting ``subsections (d)(1) and (e)(1) of section 1844''; 
     and
       (B) in clause (ii), by striking ``paragraph (5)'' and 
     inserting ``paragraphs (5) and (7)''; and
       (3) by adding at the end the following:
       ``(7) In applying this part (including subsection (i) and 
     section 1833(b)), the monthly actuarial rate for enrollees 
     age 65 and over for 2021 shall be the same as the monthly 
     actuarial rate for enrollees age 65 and over for 2020.''.
       (b) Transitional Government Contribution.--Section 1844 of 
     the Social Security Act (42 U.S.C. 1395w) is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``In applying paragraph (1), the amounts 
     transferred under subsection (e)(1) with respect to enrollees 
     described in subparagraphs (A) and (B) of such subsection 
     shall be treated as premiums payable and deposited in the 
     Trust Fund under subparagraphs (A) and (B), respectively, of 
     paragraph (1).''; and
       (2) by adding at the end the following:
       ``(e)(1) For 2021, there shall be transferred from the 
     General Fund to the Trust Fund an amount, as estimated by the 
     Chief Actuary of the Centers for Medicare & Medicaid 
     Services, equal to the reduction in aggregate premiums 
     payable under this part for a month in such year (excluding 
     any changes in amounts collected under section 1839(i)) that 
     are attributable to the application of section 1839(a)(7) 
     with respect to--
       ``(A) enrollees age 65 and over; and
       ``(B) enrollees under age 65.
     Such amounts shall be transferred from time to time as 
     appropriate.
       ``(2) Premium increases affected under section 1839(a)(6) 
     shall not be taken into account in applying subsection (a).
       ``(3) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the 
     additional premiums payable as a result of the application of 
     section 1839(a)(6), excluding the aggregate payments 
     attributable to the application of section 
     1839(i)(3)(A)(ii)(II).''.
       (c) Additional Transitional Government Contribution.--
     Section 1844 of the Social Security Act (42 U.S.C. 1395w), as 
     amended by subsection (b)(2), is amended by adding at the end 
     the following:
       ``(f)(1) There shall be transferred from the General Fund 
     of the Treasury to the Trust

[[Page S5315]]

     Fund an amount, as estimated by the Chief Actuary of the 
     Centers for Medicare & Medicaid Services, equal to amounts 
     paid under the advance payment program under section 421.214 
     of title 42, Code of Federal Regulations (or any successor 
     regulation) during the period beginning on March 28, 2020, 
     and ending on July 9, 2020.
       ``(2) There shall be transferred from the Trust Fund to the 
     General Fund of the Treasury amounts equivalent to the sum 
     of--
       ``(A) the amounts by which claims have offset (in whole or 
     in part) the amount of such advance payments described in 
     paragraph (1); and
       ``(B) the amount of such advance payments that has been 
     repaid (in whole or in part), under the advance payment 
     program under such section 421.214 (or any such successor 
     regulation).
       ``(3) Amounts described in paragraphs (1) and (2) shall be 
     transferred from time to time as appropriate.''.
       (d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is 
     amended by moving the indentation of subclause (I) two ems to 
     the right.

     SEC. _02. IMPROVEMENTS TO THE MEDICARE HOSPITAL ACCELERATED 
                   AND ADVANCE PAYMENTS PROGRAMS DURING THE COVID-
                   19 PUBLIC HEALTH EMERGENCY.

       (a) Part A.--
       (1) Repayment periods.--Section 1815(f)(2)(C) of the Social 
     Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended--
       (A) in clause (i), by striking ``120 days'' and inserting 
     ``270 days''; and
       (B) in clause (ii), by striking ``12 months'' and inserting 
     ``18 months''.
       (2) Authority for discretion.--Section 1815(f)(2)(A)(ii) of 
     the Social Security Act (42 U.S.C. 1395g(f)(2)(A)(ii)) is 
     amended by inserting ``(or, with respect to requests 
     submitted to the Secretary on or after July 9, 2020, 
     may)''after ``shall.''.
       (b) Part B.--In carrying out the advance payments program 
     described in section 421.214 of title 42, Code of Federal 
     Regulations (or a successor regulation), the Secretary of 
     Health and Human Services, in the case of a payment made 
     under such program during the emergency period described in 
     section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 
     1320b-5(g)(1)(B)), upon request of the supplier receiving 
     such payment, shall--
       (1) provide up to 270 days before claims are offset to 
     recoup the payment; and
       (2) allow not less than 14 months from the date of the 
     first advance payment before requiring that the outstanding 
     balance be paid in full.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).
       (d) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the provisions of, and the amendments made by, this section 
     by program instruction or otherwise.

     SEC. _03. AUTHORITY TO EXTEND MEDICARE TELEHEALTH WAIVERS.

       (a) Authority.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Authority to extend telehealth waivers and 
     policies.--
       ``(A) Authority.--Notwithstanding the preceding provisions 
     of this subsection and section 1135, subject to subparagraph 
     (B), if the emergency period under section 1135(g)(1)(B) 
     expires prior to December 31, 2021, the authority provided 
     the Secretary under section 1135(b)(8) to waive or modify 
     requirements with respect to a telehealth service, and 
     modifications of policies with respect to telehealth services 
     made by interim final rule applicable to such period, shall 
     be extended through December 31, 2021.
       ``(B) No requirement to extend.-- Nothing in subparagraph 
     (A) shall require the Secretary to extend any specific waiver 
     or modification or modifications of policies that the 
     Secretary does not find appropriate for extension.
       ``(C) Implementation.--Notwithstanding any provision of 
     law, the provisions of this paragraph may be implemented by 
     interim final rule, program instructions or otherwise.''.
       (b) MedPAC Evaluation and Report.--
       (1) Study.--
       (A) In general.--The Medicare Payment Advisory Commission 
     (in this subsection referred to as the ``Commission'') shall 
     conduct an evaluation of--
       (i) the expansions of telehealth services under part B of 
     title XVII of the Social Security Act related to the COVID-19 
     public health emergency described in section 1135(g)(1)(B) of 
     such Act (42 U.S.C. 1320b-5(g)(1)(B)); and
       (ii) the appropriate treatment of such expansions after the 
     expiration of such public health emergency.
       (B) Analysis.--The evaluation under subparagraph (A) shall 
     include an analysis of each the following:
       (i) Which, if any, of such expansions should be continued 
     after the expiration of the such public health emergency,
       (ii) Whether any such continued expansions should be 
     limited to, or differentially applied to, clinicians 
     participating in certain value-based payment models.
       (iii) How Medicare should pay for telehealth services after 
     the expiration of such public health emergency, and the 
     implications of payment approaches on aggregate Medicare 
     program spending,
       (iv) Medicare program integrity and beneficiary safeguards 
     that may be warranted with the coverage of telehealth 
     services.
       (v) The implications of expanded Medicare coverage of 
     telehealth services for beneficiary access to care and the 
     quality of care provided via telehealth.
       (vi) Other areas determined appropriate by the Commission.
       (2) Report.--Not later than June 15, 2021, the Commission 
     shall submit to Congress a report containing the results of 
     the evaluation conducted under paragraph (1), together with 
     recommendations for such legislation and administrative 
     action as the Commission determines appropriate.
       (c) HHS Provision of Information and Study and Report.--
       (1) Pre-covid-19 public health emergency telehealth 
     authority.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services (in this subsection referred to as the 
     ``Secretary'') shall make available on the internet website 
     of the Centers for Medicare & Medicaid Services information 
     describing the requirements applicable to telehealth services 
     and other virtual services under the original Medicare fee-
     for-service program under parts A and B of title XVIII of the 
     Social Security Act (42 U.S.C. 1395 et seq.) and the Medicare 
     Advantage program under part C of such title prior to the 
     waiver or modification of such requirements during the 
     emergency period described in section 1135(g)(1)(B) of the 
     Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), as 
     established by statute, regulation, and sub-regulatory 
     guidance under such title.
       (2) Study and report.--
       (A) Study.--The Secretary shall conduct a study on the 
     impact of telehealth and other virtual services furnished 
     under the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.) during the emergency 
     period described in section 1135(g)(1)(B) of such Act (42 
     U.S.C. 1320b-5(g)(1)(B)). In conducting such study, the 
     Secretary shall--
       (i) assess the impact of such services on access to care, 
     health outcomes, and spending by type of physician, 
     practitioner, or other entity, and by patient demographics 
     and other characteristics that include--

       (I) age, gender, race, and type of eligibility for the 
     Medicare program;
       (II) dual eligibility for both the Medicare program and the 
     Medicaid program under title XIX of such Act (42 U.S.C. 1396 
     et seq.);
       (III) residing in an area of low-population density or a 
     health professional shortage area (as defined in section 
     332(a)(1)(A) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)(A))) ;
       (IV) diagnoses, such as a diagnosis of COVID-19, a chronic 
     condition, or a mental health disorder or substance use 
     disorder;
       (V) telecommunication modality used, including extent to 
     which the services are furnished using audio-only technology;
       (VI) residing in a State other than the State in which the 
     furnishing physician, practitioner, or other entity is 
     located; and
       (VII) other characteristics and information determined 
     appropriate by the Secretary; and

       (ii) to the extent feasible, assess such impact based on--

       (I) the type of technology used to furnish the service;
       (II) the extent to which patient privacy is protected;
       (III) the extent to which documented or suspected fraud or 
     abuse occurred; and
       (IV) patient satisfaction.

       (B) Use of information.--The Secretary may use reliable 
     non-governmental sources of information in assessing the 
     impact of characteristics described in subparagraph (A) under 
     the study.
       (C) Report.--
       (i) Interim provision of information.--The Secretary shall, 
     as determined appropriate, periodically during such emergency 
     period, post on the internet website of the Centers for 
     Medicare & Medicaid services data on utilization of 
     telehealth and other virtual services under the Medicare 
     program and the impact of characteristics described in 
     subparagraph (A) on such utilization.
       (ii) Report.--Not later than 15 months after date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study conducted under subparagraph (A), 
     together with recommendations for such legislation and 
     administrative action as the Secretary determines 
     appropriate.

     SEC. _04. EXTENDING MEDICARE TELEHEALTH FLEXIBILITIES FOR 
                   FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL 
                   HEALTH CLINICS.

       (a) In General.--Section 1834(m) of the Social Security Act 
     (42 U.S.C. 1395m(m)) is amended--
       (1) in paragraph (4)(C)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``and (7)'' and inserting ``(7), and (8)''; and
       (B) in clause (ii)(X), by inserting ``or paragraph 
     (8)(A)(i)'' before the period; and
       (2) in paragraph (8)--
       (A) in the paragraph heading by inserting ``and for an 
     additional period after'' after ``during '';
       (B) in subparagraph (A)--
       (i) in the matter preceding clause (i), by inserting ``and 
     the 5-year period beginning on

[[Page S5316]]

     the first day after the end of such emergency period'' after 
     ``1135(g)(1)(B)'';
       (ii) in clause (ii), by striking ``and'' at the end;
       (iii) by redesignating clause (iii) as clause (iv); and
       (iv) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the geographic requirements described in paragraph 
     (4)(C)(i) shall not apply with respect to such a telehealth 
     service; and'';
       (C) in subparagraph (B)(i)--
       (i) in the first sentence, by inserting ``and the 5-year 
     period beginning on the first day after the end of such 
     emergency period'' before the period; and
       (ii) in the third sentence, by striking ``program 
     instruction or otherwise'' and inserting ``interim final 
     rule, program instruction, or otherwise''; and
       (D) by adding at the end the following new subparagraph:
       ``(C) Requirement during additional period.--
       ``(i) In general.--During the 5-year period beginning on 
     the first day after the end of the emergency period described 
     in section 1135(g)(1)(B), payment may only be made under this 
     paragraph for a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth individual 
     if such service is furnished by a qualified provider (as 
     defined in clause (ii)).
       ``(ii) Definition of qualified provider.--For purposes of 
     this subparagraph, the term `qualified provider' means, with 
     respect to a telehealth service described in subparagraph 
     (A)(i) that is furnished to an eligible telehealth 
     individual, a Federally qualified health center or rural 
     health clinic that furnished to such individual, during the 
     3-year period ending on the date the telehealth service was 
     furnished, an item or service in person for which--

       ``(I) payment was made under this title; or
       ``(II) such payment would have been made if such individual 
     were entitled to, or enrolled for, benefits under this title 
     at the time such item or service was furnished.''.

       (b) Effective Date.--The amendments made by this section 
     (other than the amendment made by subsection (a)(2)(D)) shall 
     take effect as if included in the enactment of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136).

     SEC. _05. SUPPORT FOR OLDER FOSTER YOUTH.

       (a) Funding Increases.--The dollar amount specified in 
     section 477(h)(1) of the Social Security Act (42 U.S.C. 
     677(h)(1)) for fiscal year 2020 is deemed to be $193,000,000.
       (b) Programmatic Flexibility.--During the COVID-19 public 
     health emergency:
       (1) Suspension of certain requirements under the education 
     and training voucher program.--The Secretary may allow a 
     State to waive the applicability of the requirement in 
     section 477(i)(3) of the Social Security Act (42 U.S.C. 
     677(i)(3)) that a youth must be enrolled in a postsecondary 
     education or training program or making satisfactory progress 
     toward completion of that program if a youth is unable to 
     meet these requirements due to the public health emergency.
       (2) Authority to waive limitations on percentage of funds 
     used for housing assistance and eligibility for such 
     assistance.--Notwithstanding subsections (b)(3)(B) and 
     (b)(3)(C) of section 477 of the Social Security Act (42 
     U.S.C. 677), a State may--
       (A) use more than 30 percent of the amounts paid to the 
     State from its allotment under subsection (c) of such section 
     for a fiscal year for room or board payments; and
       (B) expend amounts paid to the State from its allotment 
     under subsection (c) of such section for a fiscal year for 
     room or board for youth who have attained age 18, are no 
     longer in foster care or otherwise eligible for services 
     under such section, and experienced foster care at 14 years 
     of age or older.
       (c) Special Rules.--
       (1) Nonapplication of matching funds requirement for 
     increased funding.--With respect to the amount allotted to a 
     State under section 477(c)(1) of the Social Security Act (42 
     U.S.C. 677(c)(1)) for fiscal year 2020, the Secretary shall 
     apply section 474(a)(4)(A)(i) of such Act (42 U.S.C. 
     674(a)(4)(A)(i)) to the additional amount of such allotment 
     resulting from the deemed increase in the dollar amount 
     specified in section 477(h)(1) of such Act (42 U.S.C. 
     677(h)(1)) for fiscal year 2020 under subsection (a) by 
     substituting ``100 percent'' for ``80 percent''.
       (2) No reservation for evaluation, technical assistance, 
     performance measurement, and data collection activities.--
     Section 477(g)(2) of such Act (42 U.S.C. 677(g)(2)) shall not 
     apply to the portion of the deemed dollar amount for section 
     477(h)(1) of such Act (42 U.S.C. 677(h)(1)) for fiscal year 
     2020 under subsection (a) that exceeds the dollar amount 
     specified in that section for such fiscal year.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act on January 31, 2020, entitled 
     ``Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus'' and 
     includes any renewal of such declaration pursuant to such 
     section 319.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. _06. COURT IMPROVEMENT PROGRAM.

       (a) Temporary Funding Increases.--Out of any money in the 
     Treasury of the United States not otherwise appropriated, 
     there are appropriated to the Secretary, $10,000,000 for 
     fiscal year 2020 for making grants in accordance with this 
     section to the highest State courts described in section 438 
     of the Social Security Act (42 U.S.C. 629h). Grants made 
     under this section shall be considered to be Court 
     Improvement Program grants made under such section 438, 
     subject to the succeeding provisions of this section.
       (b) Distribution of Funds.--
       (1) In general.--From the amount appropriated under 
     subsection (a), the Secretary shall--
       (A) reserve up to $500,000 for Tribal court improvement 
     activities; and
       (B) pay from the amount remaining after the application of 
     subparagraph (A), a grant to each highest State court that is 
     approved to receive a grant under section 438 of the Social 
     Security Act for the purpose described in subsection (a)(3) 
     of that section for fiscal year 2020.
       (2) Amount.--The amount of the grant awarded to a highest 
     State court under this section is equal to the sum of--
       (A) $85,000; and
       (B) the amount that bears the same ratio to the amount 
     appropriated under subsection (a) that remains after the 
     application of paragraph (1)(A) and subparagraph (A) of this 
     paragraph, as the number of individuals in the State who have 
     not attained 21 years of age bears to the total number of 
     such individuals in all States (based on the most recent year 
     for which data are available from the Bureau of the Census).
       (3) Other rules.--
       (A) In general.--The grants awarded to the highest State 
     courts under this section shall be in addition to any grants 
     made to such courts under section 438 of such Act for any 
     fiscal year.
       (B) No matching requirement.--The limitation on the use of 
     funds specified in section 438(d) of such Act (42 U.S.C. 
     629h(d)) shall not apply to the grants awarded under this 
     section.
       (C) No additional application.--The Secretary shall award 
     grants to the highest State courts under this section without 
     requiring such courts to submit an additional application.
       (D) Reports.--The Secretary may establish reporting 
     criteria specific to the grants awarded under this section.
       (E) Redistribution of funds.--If a highest State court does 
     not accept a grant awarded under this section, or does not 
     agree to comply with any reporting requirements imposed under 
     subparagraph (D) or the use of funds requirements specified 
     in subsection (c), the Secretary shall redistribute the grant 
     funds that would have been awarded to that court among the 
     other highest State courts that are awarded grants under this 
     section and agree to comply with such reporting and use of 
     funds requirements.
       (c) Use of Funds.--A highest State court awarded a grant 
     under this section shall use the grant funds to address needs 
     stemming from the COVID-19 public health emergency, which may 
     include any of the following:
       (1) Technology investments to facilitate the transition to 
     remote hearings for dependency courts when necessary as a 
     direct result of the COVID-19 public health emergency.
       (2) Training for judges, attorneys, and caseworkers on 
     facilitating and participating in remote technology hearings 
     that still comply with due process, meet Congressionally 
     mandated requirements, ensure child safety and well-being, 
     and help inform judicial decision-making.
       (3) Programs to help families address aspects of the case 
     plan to avoid delays in legal proceedings that would occur as 
     a direct result of the COVID-19 public health emergency.
       (4) Other purposes to assist courts, court personnel, or 
     related staff related to the COVID-19 public health 
     emergency.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act on January 31, 2020, entitled 
     ``Determination that a Public Health Emergency Exists 
     Nationwide as the Result of the 2019 Novel Coronavirus'' and 
     includes any renewal of such declaration pursuant to such 
     section 319.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

Subtitle B--Emergency Support and COVID-19 Protection for Nursing Homes

     SEC. _11. DEFINITIONS.

       In this subtitle:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).

[[Page S5317]]

       (4) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (7) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).

     SEC. _12. ESTABLISHING COVID-19 STRIKE TEAMS FOR NURSING 
                   FACILITIES.

       (a) In General.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (b) Mission and Composition of Strike Teams.--
       (1) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (2) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (A) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (B) the mission of the team;
       (C) the authority of the individual to perform the team 
     mission;
       (D) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (E) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (F) the required security background checks that the 
     individual has passed.
       (3) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (4) Team and member authority.--A team and team member may 
     not use the letter of authorization described in paragraph 
     (2) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (5) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this section and any other procedures deemed necessary for 
     the team's operation.
       (6) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this section shall 
     supplement and not supplant response efforts carried out by a 
     State strike team or a technical assistance team established 
     by the Secretary during the COVID-19 public health emergency 
     period.

     SEC. _13. PROMOTING COVID-19 TESTING AND INFECTION CONTROL IN 
                   NURSING FACILITIES.

       (a) Nursing Home Protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council, is 
     authorized during the COVID-19 public health emergency period 
     to enhance efforts by participating providers to respond to 
     COVID-19, including through--
       (1) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of subsection (b);
       (2) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (3) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and other individuals to facilitate the implementation 
     of subsection (c); and
       (4) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (b) Training on Best Practices in Infection Control and 
     Prevention.--
       (1) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (2) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (3) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (4) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.

     SEC. _14. PROMOTING TRANSPARENCY IN COVID-19 REPORTING BY 
                   NURSING FACILITIES.

       Not later than 10 days after the date of enactment of this 
     Act, and at least weekly thereafter during the COVID-19 
     public health emergency period, the Secretary shall provide 
     the Governor of each State with a list of all participating 
     providers in the State with respect to which the reported 
     cases of COVID-19 in visitors to, personnel of, and residents 
     of, such providers increased during the previous week (or, in 
     the case of the first such list, during the 10-day period 
     beginning on the date of enactment of this Act).

     SEC. _15. FUNDING.

       The Secretary may use amounts appropriated for COVID-19 
     response and related activities pursuant to the CARES Act 
     (Public Law 116-136) and subsequently enacted legislation to 
     carry out this subtitle.

                   Subtitle C--Emergency Designation

     SEC. _21. EMERGENCY DESIGNATION.

       (a) In General.--The amounts provided by this title and the 
     amendments made by this title are designated as an emergency 
     requirement pursuant to section 4(g) of the Statutory Pay-As-
     You-Go Act of 2010 (2 U.S.C. 933(g)).
       (b) Designation in Senate.--In the Senate, this title and 
     the amendments made by this title are designated as an 
     emergency requirement pursuant to section 4112(a) of H. Con. 
     Res. 71 (115th Congress), the concurrent resolution on the 
     budget for fiscal year 2018.
                                 ______
                                 
  SA 2624. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

 TITLE __ PRIVATE-PUBLIC PARTNERSHIP TO PRESERVE JOBS IN THE AVIATION 
                         MANUFACTURING INDUSTRY

     SEC. __01. DEFINITIONS.

       In this title:
       (1) At-risk employee group.--The term ``at-risk employee 
     group'' means the portion of an employer's United States 
     workforce that--
       (A) does not exceed 25 percent of the employer's total 
     United States workforce; and
       (B) as of the date an application is submitted, is at risk 
     of a furlough or permanent reduction in force but for the 
     relief provided for in this title.
       (2) Aviation manufacturing company.--The term ``aviation 
     manufacturing company'' means those businesses that hold a 
     Federal Aviation Administration Type Certificate, Production 
     Certificate, Repair Station Certificate, or other similar 
     authorization from the Federal Aviation Administration, and 
     as the Secretary may determine, may include civil aviation 
     suppliers of such businesses.
       (3) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     with respect to the 2019 Novel Coronavirus.
       (4) Employee.--The term ``employee'' has the meaning given 
     that term in section 3 of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 203)).
       (5) Employer.--The term ``employer'' means an aviation 
     manufacturing company that is an employer (as defined in 
     section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203)).
       (6) Private partner contribution.--The term ``private 
     partner contribution'' means the contribution funded by the 
     employer under this title to maintain a minimum of 50 percent 
     of the at-risk employee group's total compensation level, and 
     combined with the public partner contribution, is sufficient 
     to maintain the total compensation level for the at-risk 
     employee group as of April 1, 2020.
       (7) Public partner contribution.--The term ``public partner 
     contribution'' means the contribution funded by the Federal 
     Government under this title to provide not more than 50 
     percent of the at-risk employees group's total compensation 
     level, and combined with the private partner contribution, is 
     sufficient to maintain the total compensation level for those 
     in the at-risk employee group as of April 1, 2020.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury, or the designee of the Secretary of the 
     Treasury.
       (9) Total compensation level.--The term ``total 
     compensation level'' means the level

[[Page S5318]]

     of total base compensation and benefits being provided to an 
     at-risk employee group employee, excluding overtime and 
     premium pay, as of April 1, 2020.

     SEC. __02. PRIVATE-PUBLIC PARTNERSHIP.

       (a) Authority to Enter Into Agreements and Make 
     Contributions.--Notwithstanding any other provision of law, 
     to help ensure the continued retention of employees in the 
     aviation manufacturing industry impacted by the COVID-19 
     public health emergency, the Secretary is authorized to 
     partner with employers to supplement compensation of an at-
     risk employee group financially impacted by the COVID-19 
     public health emergency and to facilitate the effective 
     economic recovery of the aviation manufacturing industry by 
     entering into agreements with such employers and providing 
     public partner contributions in accordance with this title. 
     The public partner contributions made under such an agreement 
     when combined with the private partner contribution, shall be 
     in an amount sufficient to maintain the total compensation 
     level for the at-risk employee group as of April 1, 2020, for 
     a term to be agreed, but for a duration that is not longer 
     than 1 year.
       (b) Procedures.--As soon as practicable, but in no case not 
     later than 10 days after the date of enactment of this Act, 
     the Secretary shall publish procedures for application and 
     minimum eligibility requirements for participation in the 
     private-public partnership program authorized under this 
     title. Nothing in the preceding sentence shall be construed 
     as prohibiting the Secretary from publishing such supplements 
     to the initially published procedures as the Secretary 
     determines necessary.
       (c) Terms and Conditions.--Upon submission of an 
     application, the Secretary may partner with an employer to 
     provide to the employer a public partner contribution, that 
     together with the private partner contribution, shall 
     constitute an amount sufficient to maintain the total 
     compensation level of the at-risk employee group, for a 
     period not to exceed 1 year, if the Secretary determines 
     that--
       (1) the employer establishes that economic conditions as of 
     the date of the application would make necessary a furlough 
     or permanent reduction in force of a portion of its workforce 
     devoted to aviation manufacturing;
       (2) there is an identifiable at-risk employee group;
       (3) the employer agrees to fund the private partner 
     contribution for as long as it is accepting the public 
     partner contribution (and, in the event circumstances dictate 
     that the employer cease its participation in this program 
     early, the employer agrees and shall notify the Secretary 
     that there shall be no further obligation of the Secretary to 
     fund the public partner contribution);
       (4) the employer commits to refrain from any furlough or 
     permanent reduction in force of employees in the at-risk 
     employee group for as long as it accepts public partner 
     contributions for that group, subject to the employer's right 
     to discipline or terminate an employee in accordance with 
     employer policy;
       (5) the employer shall use the public and private partner 
     contribution solely for the purpose of providing compensation 
     and benefits of the at-risk employee group and for no other 
     purpose; and
       (6) the public and private partner contribution shall be 
     utilized solely for compensation of United States-based 
     employees.
       (d) Considerations.--In determining whether to enter into a 
     private-public partnership with an employer and the terms for 
     such a partnership with a specific employer, the Secretary 
     may consider--
       (1) the relevant financial performance of the employer, 
     including the extent to which the employer has experienced a 
     deterioration in cash position, loss of revenue, and other 
     relevant information;
       (2) information regarding the likelihood the employer will 
     need to impose a furlough or permanent reduction in force of 
     employees in the at-risk employee group in the absence of the 
     partnership and the factors that would be used to determine 
     which employees in the at-risk employee group are likely to 
     be so affected, including whether the selection of employees 
     to be so affected would be based on a general reduction in 
     headcount across the business or by location (or both), 
     position, or other factors; and
       (3) any other information the Secretary deems relevant to 
     determining whether to enter into a private-public 
     partnership with an employer or to the terms for such a 
     partnership with a specific employer.
       (e) No Limit on Number Agreements With an Employer.--An 
     employer may seek and be granted public partner contributions 
     under this title on multiple occasions.
       (f) Coordination.--In implementing this section, the 
     Secretary shall coordinate with the Secretary of 
     Transportation and the Secretary of Commerce.
       (g) Agreement Deadline.--No agreement shall be entered into 
     by the Secretary under the private-public partnership program 
     authorized under this title after the end of the 1-year 
     period that begins on the effective date for the first 
     agreement entered into under such program.

     SEC. __03. FUNDING.

       Out of any funds in the Treasury not otherwise 
     appropriated, there are appropriated to the Secretary 
     $14,400,000,000 for the period of fiscal years 2020 through 
     2021, to carry out this title.
                                 ______
                                 
  SA 2625. Mr. WICKER (for himself, Mr. Rubio, Mr. Blunt, Mrs. 
Blackburn, Ms. Collins, Mr. Cornyn, Mrs. Hyde-Smith, Mr. Cassidy, and 
Mr. Graham) submitted an amendment intended to be proposed to amendment 
SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross 
human rights violations of ethnic Turkic Muslims in Xinjiang, and 
calling for an end to arbitrary detention, torture, and harassment of 
these communities inside and outside China; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

                           TITLE __ CORPS ACT

     SEC. __ 1. SHORT TITLE.--

       This title may be cited as the ``Cultivating Opportunity 
     and Response to the Pandemic through Service Act'' or the 
     ``CORPS Act''.

     SEC. __2. FINDINGS.

       Congress finds the following:
       (1) The United States has a strong history of citizen 
     response to national calls to service in order to help the 
     Nation recover in times of crisis.
       (2) More than 80 years ago, the Nation rose to the 
     challenge of the Great Depression with the creation of 
     citizen service programs like the Civilian Conservation Corps 
     (referred to in this section as the ``CCC'') and the Works 
     Progress Administration (referred to in this section as the 
     ``WPA'').
       (3) Millions of participants benefitted from paid 
     employment and opportunities to develop their skills while 
     constructing national parks and public lands infrastructure 
     and producing cultural works still enjoyed today.
       (4) Following decades of evolution, incorporating policies 
     of both political parties, today's national service programs 
     carry on the legacy of the CCC and WPA.
       (5) Founded in 1990, the Corporation for National and 
     Community Service today coordinates national service by 
     individuals in the United States across every State and 
     territory, partnering with State-level commissions and 
     supporting locally driven services in partnership with 
     nongovernmental organizations and State governments.
       (6) National service programs provide public health, 
     education, employment training, and nutrition services for 
     which the Nation has a critical need in the current crisis.
       (7) The signature programs of the Corporation for National 
     and Community Service, which are the AmeriCorps State and 
     National, AmeriCorps National Civilian Community Corps, 
     AmeriCorps VISTA, and National Senior Service Corps programs, 
     can and should be expanded to meet current needs.
       (8) The novel coronavirus pandemic has infected and killed 
     individuals in every State and territory, causing more than 
     2,000,000 cases and 115,000 deaths so far.
       (9) In response, States, tribal governments, and cities 
     across the country have closed down businesses, schools, and 
     public events, leading to a dramatic drop in economic 
     activity and a sharp projected decline in the United States 
     economy.
       (10) More than 40,000,000 applications for unemployment 
     benefits have been filed in recent weeks, with weekly filings 
     repeatedly exceeding historic record levels.
       (11) More than 1 in every 10 adults in the United States 
     has applied for unemployment insurance since the crisis 
     began.
       (12) The pandemic and the associated economic consequences 
     have disproportionately impacted people of color across many 
     States.
       (13) To recover, the Nation also needs meaningful 
     employment opportunities, as well as a significant expansion 
     of the human capital working to address community needs 
     around public health, behavioral health, hunger, education, 
     and conservation.
       (14) Experience has demonstrated the centrality of 
     community participation in pandemic response, to overcome 
     stigma and structural barriers and meet the full needs of all 
     members of a diverse community.
       (15) As the Nation works to respond to and recover from the 
     current twin challenges of a public health pandemic and an 
     economic crisis, national service presents a unique 
     opportunity for flexible, locally driven responses to meet 
     State and local public health, employment, and recovery 
     needs.

     SEC. __3. PURPOSES.

       The purposes of this title are--
       (1) to provide for annual growth of 250,000 participants, 
     over 3 years, in national service programs, such as the 
     Public Land Corps (also known as the 21st Century 
     Conservation Service Corps) programs and other AmeriCorps 
     programs, that will provide services in response to the 
     pandemic and economic crisis;
       (2) to ensure that participant allowances cover the 
     reasonable cost of participation and provide participants 
     with economic and educational opportunity;
       (3) to stabilize such national service programs during 
     economic crisis; and
       (4) to support opportunities for all individuals in the 
     United States to engage in service.

     SEC. __4. DEFINITIONS.

       (a) NCSA.--Section 101 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12511) is amended--
       (1) by redesignating paragraphs (13) through (16), (17) 
     through (35), and (36) through (49), as paragraphs (14) 
     through (17), (19) through (37), and (39) through (52), 
     respectively;

[[Page S5319]]

       (2) by inserting after paragraph (12) the following:
       ``(13) Covid-19 definitions.--
       ``(A) Covid-19 emergency response and recovery period.--The 
     term `COVID-19 emergency response and recovery period' means 
     the period beginning on the first day of the COVID-19 public 
     health emergency and ending at the end of fiscal year 2023.
       ``(B) Covid-19 public health emergency.--The term `COVID-19 
     public health emergency' means the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     on January 31, 2020, with respect to COVID-19.'';
       (3) by inserting after paragraph (17), as so redesignated, 
     the following:
       ``(18) High-poverty area.--The term `high -poverty area' 
     means a census tract defined as high-poverty by the Bureau of 
     the Census.''; and
       (4) by inserting after paragraph (37), as so redesignated, 
     the following:
       ``(38) Public land corps.--The term `Public Lands Corps' 
     means the Corps established in section 204 of the Public 
     Lands Corps Act of 1993 (16 U.S.C. 1723).''.
       (b) DVSA.--Section 421 of the Domestic Volunteer Service 
     Act of 1973 (42 U.S.C. 5061) is amended--
       (1) in paragraph (19), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (20), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(21)(A) the term `COVID-19 emergency response and 
     recovery period' means the period beginning on the first day 
     of the COVID-19 public health emergency and ending at the end 
     of fiscal year 2023; and
       ``(B) the term `COVID-19 public health emergency' means the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19; and
       ``(22) the term `Public Lands Corps' means the Corps 
     established in section 204 of the Public Lands Corps Act of 
     1993 (16 U.S.C. 1723).''.

     SEC. __5. PRIORITIZING RESPONSE SERVICES.

       (a) AmeriCorps State and National.--
       (1) National service priorities.--Section 122(f) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12572(f)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by adding at the end the 
     following: ``For fiscal years 2020 through 2023, the 
     Corporation shall include, in the national service 
     priorities, the priorities described in paragraph (5).''; and
       (ii) in subparagraph (B), by adding at the end the 
     following: ``For fiscal years 2020 through 2023, each State 
     shall include, in the State priorities, the priorities 
     described in paragraph (5).''; and
       (B) by adding at the end the following:
       ``(5) Emergency priorities.--For fiscal years 2020 through 
     2023, the priorities established under paragraph (1) for 
     national service programs shall provide that the Corporation 
     and the States, as appropriate, shall give priority to 
     entities submitting applications--
       ``(A) that propose activities directly related to the 
     response to and recovery from the COVID-19 public health 
     emergency, such as the provision of--
       ``(i) public health services, including support for 
     isolation and quarantine activities;
       ``(ii) emergency logistics, such as the setup of alternate 
     care sites;
       ``(iii) work that furthers the capacity of State (including 
     territorial), tribal, and local health departments and the 
     recommendations of the Director of the Centers for Disease 
     Control and Prevention;
       ``(iv) work that furthers the capacity of nonprofit and 
     community organizations to respond to the immediate needs of 
     individuals affected by COVID-19;
       ``(v) services that support economic opportunity;
       ``(vi) education, including enrichment and adult education 
     and literacy activities;
       ``(vii) services to address housing and food insecurity; 
     and
       ``(viii) jobs for youth in preserving and restoring nature;
       ``(B) who--
       ``(i) are--

       ``(I) current (as of the date of the application 
     submission) or former recipients of financial assistance 
     under the program for which the application is submitted; and
       ``(II) able to provide services directly related to the 
     response and recovery described in subparagraph (A); or

       ``(ii) are--

       ``(I) community-based organizations located in the rural or 
     high-poverty areas, or tribal communities, the organizations 
     propose to serve; and
       ``(II) able to provide services directly related to the 
     response and recovery described in subparagraph (A);

       ``(C) to the maximum extent practicable--
       ``(i) if the entities are proposing programs that serve, or 
     proposing to give priority for positions to applicants from, 
     underserved populations, such as individuals described in 
     section 129(a)(1)(B) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3164(a)(1)(B)), minority 
     individuals, individuals who have had contact with the 
     juvenile justice system, Indians, veterans, and individuals 
     whose abilities are not typical, such as individuals with 
     intellectual or developmental disabilities;
       ``(ii) especially if the entities propose recruiting 
     applicants for positions to serve in the same metropolitan or 
     micropolitan statistical area or county as the area or 
     county, respectively, in which the applicants attended a 
     secondary school or institution of higher education; and
       ``(iii) especially if the entities propose programs that 
     serve populations in rural or high-poverty areas, or tribal 
     communities; and
       ``(D) that propose to give priority for positions to 
     applicants who--
       ``(i) were serving outside of the United States in the 
     Peace Corps, the J. William Fulbright Educational Exchange 
     Program referenced in section 112 of the Mutual Educational 
     and Cultural Exchange Act of 1961 (22 U.S.C. 2460), or the 
     program under this subtitle, subtitle E, or part A of title I 
     of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 
     et seq.); but
       ``(ii) ended their terms of service early, or returned to 
     the United States before the end of their terms of service, 
     due to the COVID-19 public health emergency.''.
       (b) AmeriCorps NCCC.--Section 157 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12617) is amended--
       (1) in subsection (b)(1), by adding at the end the 
     following:
       ``(C) Surge capacity and priority projects.--
       ``(i) Surge capacity projects.--The Corporation and the 
     Director of the Centers for Disease Control and Prevention 
     shall develop, and the Corporation shall approve, a proposal 
     for public health surge capacity projects. In carrying out 
     the projects, the Corporation and the Director shall develop 
     and deploy public health surge capacity teams.
       ``(ii) Priority projects.--For fiscal years 2020 through 
     2023, the Corporation shall give priority to entities 
     submitting applications for projects under this subtitle in 
     the same manner as the Corporation gives priority to entities 
     submitting applications for national service programs under 
     section 122(f)(5).''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``The campus'' and 
     inserting ``Except as provided in paragraph (3), the 
     campus''; and
       (B) by adding at the end the following:
       ``(3) Surge capacity and priority projects.--The 
     Corporation shall assign the projects described in clauses 
     (i) and (ii) of subsection (b)(1)(C) to specified Corps 
     campuses.''.
       (c) AmeriCorps VISTA.--Section 109 of the Domestic 
     Volunteer Service Act of 1973 (42 U.S.C. 4960) is amended by 
     adding at the end the following: ``For fiscal years 2020 
     through 2023, the Corporation shall give priority to entities 
     submitting applications for projects or programs under this 
     part in the same manner as the Corporation gives priority to 
     entities submitting applications for national service 
     programs under section 122(f)(5) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12572(f)(5)).''.

     SEC. __6. STRENGTHENING OPPORTUNITY.

       (a) Allowances.--
       (1) Domestic volunteer service act of 1973.--Section 105(b) 
     of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4955(b)) is amended by adding at the end the following:
       ``(4) Notwithstanding paragraph (2), during the COVID-19 
     emergency response and recovery period, the Director shall 
     set the subsistence allowance for volunteers under paragraph 
     (1) for each fiscal year so that--
       ``(A) the minimum allowance is not less than an amount 
     equal to 175 percent of such poverty line (as defined in 
     section 673(2) of the Community Services Block Grant Act) for 
     a single individual as expected for each fiscal year; and
       ``(B) the average subsistence allowance, excluding 
     allowances for Hawaii, Guam, American Samoa, and Alaska, is 
     not less than 185 percent of such poverty line.
       ``(5)(A) A stipend or allowance under this section or an 
     allowance under section 140 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12594) shall not be increased 
     as a result of amendments made by the Cultivating Opportunity 
     and Response to the Pandemic through Service Act, or any 
     other amendment made to this section or that section 140, 
     respectively, unless the funds appropriated for carrying out 
     this part or subtitle C of the National and Community Service 
     Act of 1990 (42 U.S.C. 12571 et seq.), respectively, are 
     sufficient to maintain for the fiscal year involved a number 
     of participants to serve under this part or that subtitle C, 
     respectively, that is at least equal to the number of such 
     participants so serving during the preceding fiscal year.
       ``(B) In the event that sufficient appropriations for any 
     fiscal year (consistent with subparagraph (A)) are not 
     available to increase any stipend or allowance under this 
     section or allowance under section 140 of the National and 
     Community Service Act of 1990 to the minimum amount specified 
     in this section or under that section 140, respectively, the 
     Director shall increase the stipend or allowance involved to 
     such amount as appropriations for such year permit consistent 
     with subparagraph (A).''.
       (2) National and community service act of 1990.--Section 
     158 of the National and Community Service Act of 1990 (42 
     U.S.C. 12618) is amended by adding at the end the following:
       ``(h) Adjustment to Maximum Allowance During COVID-19 
     Response and Recovery

[[Page S5320]]

     Period.--Notwithstanding the limitation on the allowance 
     amount specified in subsection (b), during the COVID-19 
     emergency response and recovery period, the amount of the 
     allowance that the Director shall establish pursuant to that 
     subsection shall be any amount not in excess of the amount 
     equal to 175 percent of the poverty line that is applicable 
     to a family of 2 (as defined by the Office of Management and 
     Budget and revised annually in accordance with section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2))).''.
       (b) National Service Educational Awards.--Section 147 of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12603) is amended by adding at the end the following:
       ``(f) Adjustment to Educational Award During the COVID-19 
     Response and Recovery.--
       ``(1) In general.--Notwithstanding subsection (a), an 
     individual described in section 146(a) who successfully 
     completes a required term of full-time national service in an 
     approved national service position during the COVID-19 
     emergency response and recovery period shall receive a 
     national service educational award having a value equal to 
     twice the maximum amount of a Federal Pell Grant under 
     section 401 of the Higher Education Act of 1965 (20 U.S.C. 
     1070a) that a student eligible for such Grant may receive in 
     the aggregate (without regard to whether the funds are 
     provided through discretionary or mandatory appropriations), 
     for the award year for which the national service position is 
     approved by the Corporation.
       ``(2) Less than full-time service.--Notwithstanding 
     subsections (b) and (c), an individual described in section 
     146(a) who successfully completes a required term of part-
     time national service in an approved national service 
     position during the COVID-19 response and recovery period, or 
     who is serving in an approved national service position and 
     is released, during that period, in accordance with section 
     139(c)(1)(A) from completing the full-time or part-time term 
     of service agreed to by the individual, shall receive that 
     portion of the national service educational award calculated 
     under paragraph (1) that corresponds to the quantity of the 
     term of service actually completed by the individual.
       ``(3) Definition.--In this subsection, the term 
     `institution of higher education' has the meaning given the 
     term in section 148(h).''.
       (c) Tax Provisions.--
       (1) Income tax exclusion for living allowance.--
       (A) In general.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after section 139H the following new section:

     ``SEC. 139I. LIVING ALLOWANCE FOR NATIONAL SERVICE 
                   PARTICIPANTS.

       ``Gross income does not include the amount of any living 
     allowance provided under section 105(b) of the Domestic 
     Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 
     140(a) or 158(b) of the National and Community Service Act of 
     1990 (42 U.S.C. 12594(a), 12618(b)).''.
       (B) Clerical amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 139H the following new item:

``Sec. 139I. Living allowance for national service participants.''.
       (C) Effective date.--The amendments made by this paragraph 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (2) Exclusion from gross income of national service 
     educational awards.--
       (A) In general.--Section 117 of the Internal Revenue Code 
     of 1986 (relating to qualified scholarships) is amended by 
     adding at the end the following new subsection:
       ``(e) National Service Educational Awards.--Gross income 
     shall not include any payments from the National Service 
     Trust established under section 145 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12601), including 
     the national service educational award described in subtitle 
     D of title I of such Act (42 U.S.C. 12601 et seq.).''.
       (B) Exclusion of discharge of student loan debt.--
     Subsection (f) of section 108 of such Code is amended by 
     adding at the end the following new paragraph:
       ``(6) Payments under national service educational award 
     programs.--In the case of an individual, gross income shall 
     not include any amount received as a national service 
     educational award under subtitle D of title I of the National 
     and Community Service Act of 1990 (42 U.S.C. 12601 et 
     seq.).''.
       (C) Effective date.--The amendments made by this paragraph 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. __7. INVITING PARTICIPATION.

       (a) Coordination With Other Youth Programs.--Section 193A 
     of the National and Community Service Act of 1990 (42 U.S.C. 
     12651d) is amended by adding at the end the following:
       ``(j) Coordination With Other Youth Programs.--
       ``(1) Covered programs.--The term `covered program' means--
       ``(A) the YouthBuild program carried out by the Secretary 
     of Labor under section 171 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3226);
       ``(B) the program of the Indian Youth Service Corps under 
     section 210 of the Public Lands Corps Act of 1993 (16 U.S.C. 
     1727b);
       ``(C) a youth conservation corps program under title I of 
     the Act entitled `An Act to establish a pilot program in the 
     Departments of the Interior and Agriculture designated as the 
     Youth Conservation Corps, and for other purposes', approved 
     August 13, 1970 (commonly known as the `Youth Conservation 
     Corps Act of 1970'; 16 U.S.C. 1701 et seq.); and
       ``(D) the National Guard Youth Challenge Program under 
     section 509 of title 32, United States Code.
       ``(2) Coordination.--The Chief Executive Officer, in 
     coordination with the Federal agency representatives for 
     covered programs, shall develop a plan and make 
     recommendations in the plan to improve coordination between 
     covered programs and programs of the Corporation to meet the 
     needs of underserved youth, such as economically 
     disadvantaged youth, minority youth, youth who left school 
     without a secondary school diploma, formerly incarcerated or 
     court-involved youth, youth who are children of an 
     incarcerated parent, youth in foster care (including youth 
     aging out of foster care), migrant youth, and other youth who 
     are neither enrolled in secondary or postsecondary school or 
     participating in the labor market.''.
       (b) Platform for National Senior Service Corps.--Title IV 
     of the Domestic Volunteer Service Act of 1973 is amended--
       (1) by redesignating section 421 (42 U.S.C. 5061), as 
     amended by section __4(b), as section 401;
       (2) by moving that section 401 so as to follow the title 
     heading for title IV; and
       (3) by inserting after section 420 (42 U.S.C. 5059) the 
     following:

     ``SEC. 421. ONLINE SERVICE PLATFORM.

       ``(a) Establishment.--The Chief Executive Officer of the 
     Corporation shall establish an online service platform with a 
     gateway to connect volunteers in the National Senior Service 
     Corps with service projects and enable the volunteers to 
     carry out distance volunteer services. The platform shall be 
     linked to and placed prominently on the website of the 
     Corporation. The Corporation may enter into a contract with a 
     public entity to create the platform.
       ``(b) Training Resources and Information.--
       ``(1) In general.--The Corporation shall provide training 
     resources, information, and guidance for the volunteers on 
     the platform.
       ``(2) Information.--The Corporation shall provide 
     information to regional offices of the Corporation about how 
     to get volunteers in the National Senior Service Corps 
     connected to the platform through the gateway.
       ``(3) Guidance.--The Corporation shall issue guidance for 
     the regional offices about how to transfer the programs of 
     the National Senior Service Corps to the platform.
       ``(4) Outreach.--The Corporation shall provide outreach 
     services to promote the platform including outreach to 
     institutions of higher education, the Department of Veterans 
     Affairs for mentorship projects, and State and local 
     governments for community engagement projects.''.
       (c) Outreach and Promotion Campaign.--Section 193A(g) of 
     such Act is amended by adding at the end the following:
       ``(4) Outreach and promotion campaign.--
       ``(A) In general.--In carrying out public awareness 
     functions under this subsection, the Corporation shall carry 
     out an outreach and promotion campaign to promote programs 
     under the national service laws with opportunities to respond 
     to the COVID-19 public health emergency, with the goal of 
     maximizing awareness of those programs among individuals ages 
     17 through 30.
       ``(B) Report.--The Corporation shall prepare and submit to 
     Congress a report that--
       ``(i) evaluates the outreach and promotion campaign; and
       ``(ii) contains--

       ``(I) an analysis of the measures and resources that would 
     be required for the Corporation effectively to notify 
     individuals who are ages 17 through 30 every 2 years of 
     opportunities under the national service laws and steps to 
     take to apply for those opportunities;
       ``(II) a description of how the Corporation would ensure 
     those measures would enable the Corporation to provide that 
     notification to targeted individuals from diverse geographic 
     areas, including individuals who are ages 17 through 30 
     living in rural or high-poverty areas, or tribal communities; 
     and
       ``(III) a recommendation regarding whether the Corporation 
     should make the notifications described in subclause (I).''.

       (d) Volunteer Generation Fund.--Section 198P(d)(2) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12653p(d)(2)) is amended by adding at the end the following: 
     ``With respect to grants made with funds appropriated as an 
     additional amount under section 501(a)(4)(F), the minimum 
     grant amount shall be not less than $250,000.''.

     SEC. __8. ENSURING AGILITY.

       (a) Waiver of Matching Funds Requirements.--Section 189A of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12645d) is amended--
       (1) in the section heading, by inserting ``; matching funds 
     during covid-19 response and recovery period'' after 
     ``communities''; and
       (2) by adding at the end the following:
       ``(c) COVID-19 Response.--Notwithstanding any other 
     provision of law, an entity that receives assistance from the 
     Corporation for any program under the national

[[Page S5321]]

     service laws (including a State Commission and an entity 
     receiving subgrant funds) during the COVID-19 emergency 
     response and recovery period shall not be subject to any 
     requirements to provide matching funds for any such program, 
     and the Federal share of such assistance for a recipient 
     (including for a State Commission and a subgrant recipient) 
     may be 100 percent.''.
       (b) Pilot Program.--Section 126 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12576) is amended by 
     adding at the end the following:
       ``(d) Direct Placements During the COVID-19 Response and 
     Recovery Period.--
       ``(1) In general.--Notwithstanding section 178(h), during 
     the COVID-19 emergency response and recovery period, the 
     Corporation shall implement a pilot program allowing State 
     Commissions to directly place a portion of individuals who 
     have approved national service positions in State national 
     service programs in a manner to be determined by the 
     Corporation.
       ``(2) Priorities.--State Commissions participating in the 
     pilot program shall, to the extent practicable, prioritize 
     the placement of individuals in national service programs 
     that serve rural or high-poverty areas, or tribal 
     communities, especially such programs carried out by entities 
     that have not previously been service sponsors for 
     participants.
       ``(3) Report.--The Corporation shall prepare and submit a 
     report to Congress at the end of the pilot program described 
     in paragraph (1), containing recommendations about whether 
     and how to continue such a program of direct placements.''.
       (c) No Summer Limitation During COVID-19 Response and 
     Recovery Period.--Section 104 of the Domestic Volunteer 
     Service Act of 1973 (42 U.S.C. 4954) is amended by adding at 
     the end the following:
       ``(f)(1) Notwithstanding any other provision of this part, 
     during the COVID-19 emergency response and recovery period, 
     the Director may enroll full-time VISTA associates in a 
     program, during any months of the year, under such terms and 
     conditions as the Director shall determine to be appropriate. 
     Such individuals shall be assigned to projects that address 
     the needs of underserved communities as a result of the 
     COVID-19 public health emergency.
       ``(2) In preparing reports relating to programs under this 
     Act, the Director shall report on participants, costs, and 
     accomplishments under the program under this subsection 
     separately.
       ``(3) The limitation on funds appropriated for grants and 
     contracts, as contained in section 108, shall not apply to 
     the program under this subsection.''.
       (d) VISTA Limitation Applicability.--Section 108 of the 
     Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958) is 
     amended--
       (1) in subsection (a), by striking ``Of funds 
     appropriated'' and inserting ``Subject to subsection (c), of 
     funds appropriated''; and
       (2) by adding at the end the following:
       ``(c) Rule for COVID-19 Response and Recovery Period.--
     Notwithstanding subsection (a), during the COVID-19 emergency 
     response and recovery period, in order to address the needs 
     of underserved communities related to the COVID-19 pandemic, 
     of funds appropriated for the purpose of this part under 
     section 501, not more than 75 percent may be obligated for 
     the direct cost of supporting volunteers in programs and 
     projects (including new programs and projects that begin 
     after the date of enactment of the Cultivating Opportunity 
     and Response to the Pandemic through Service Act) carried out 
     pursuant to this part, and such funds may be obligated 
     regardless of when grant recipients commenced such programs 
     and projects.''.
       (e) Augmentation and Expansion Grants.--Title IV of the 
     National and Community Service Act of 1990 (42 U.S.C. 12671) 
     is amended--
       (1) by striking the title IV title heading and all that 
     follows through the section heading for section 401 and 
     inserting the following:

                     ``TITLE IV--RESPONSE PROJECTS

     ``SEC. 401. PROJECTS HONORING VICTIMS OF TERRORIST 
                   ATTACKS.'';

     and
       (2) by adding at the end the following:

     ``SEC. 402. COVID-19 EMERGENCY RESPONSE AND RECOVERY PERIOD 
                   AUGMENTATION AND EXPANSION GRANTS.

       ``During the COVID-19 emergency response and recovery 
     period, the Corporation may award noncompetitive augmentation 
     and expansion grants, at such time and in such manner as the 
     Corporation determines appropriate.''.
       (f) Term of Service During COVID-19 Emergency Response and 
     Recovery Period.--Section 146 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12602) is amended by adding at 
     the end the following:
       ``(g) Term of Service During COVID-19 Emergency Response 
     and Recovery Period.--Notwithstanding the aggregate value 
     limit described in subsection (c), during the COVID-19 
     emergency response and recovery period, a participant who 
     received 2 national service educational awards for terms of 
     service concluding before the end of fiscal year 2020 may, as 
     determined by the Corporation, be eligible for an additional 
     term of service and, on the successful completion of that 
     term, a third national service educational award.''.
       (g) Increase in Limitation on Grant Amounts.--
       (1) Increase in limitation on total grant amount during 
     emergency response and recovery period.--Section 189 of the 
     National and Community Service Act of 1990 (42 U.S.C. 12645c) 
     is amended by adding at the end the following:
       ``(f) Increase in Limitation on Total Grant Amount During 
     COVID-19 Emergency Response and Recovery Period.--
     Notwithstanding the limits described in subsections (a) and 
     (e), during the COVID-19 emergency response and recovery 
     period, the amount of funds approved by the Corporation for a 
     grant to operate a program authorized under the national 
     service laws, for supporting individuals serving in approved 
     national service positions, may not exceed, for each full-
     time equivalent position--
       ``(1) an amount equal to the sum of--
       ``(A) $7,500; and
       ``(B) the living allowance established under section 140(a) 
     (including any adjustment attributable to section 105(b)(4) 
     of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4955(b))); or
       ``(2) for a grant for a program meeting the requirements 
     described in subsection (e), an amount equal to the sum of--
       ``(A) $10,000; and
       ``(B) the living allowance established under section 140(a) 
     (including any adjustment referred to in paragraph 
     (1)(B)).''.
       (2) Waiver authority for increased limitation.--Section 
     189(e)(1) of the National and Community Service Act of 1990 
     (42 U.S.C. 12645c(e)(1)) is amended by striking ``$19,500'' 
     and inserting ``an amount equal to the sum of $10,000 and the 
     living allowance established under section 140(a) (including 
     any adjustment referred to in subsection (f)(1)(B))''.
       (h) Increase in Limitation on Total Grant Amount for 
     Educational Award Only Program During COVID-19 Emergency 
     Response and Recovery Period.--Section 129A of the National 
     and Community Service Act of 1990 (42 U.S.C. 12581a) is 
     amended by adding at the end the following:
       ``(g) Increase in Limitation on Total Grant Amount for 
     Educational Award Only Program During COVID-19 Emergency 
     Response and Recovery Period.--Notwithstanding the limit 
     described in subsection (b), during the COVID-19 emergency 
     response and recovery period, the Corporation may provide the 
     operational support under this section for a program in an 
     amount that is not more than $1,600 per individual enrolled 
     in an approved national service position, or not more than 
     $2,000 per such individual if at least 50 percent of the 
     persons enrolled in the program are disadvantaged youth.''.
       (i) Seasonal Program.--
       (1) Establishment of national civilian community corps 
     program.--Section 152(b)(2) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12612(b)(2)) is amended by 
     striking ``summer'' and inserting ``seasonal''.
       (2) Seasonal national service program.--Section 154 of the 
     National and Community Service Act of 1990 (42 U.S.C. 12614) 
     is amended--
       (A) in the section heading by striking ``summer'' and 
     inserting ``seasonal'';
       (B) in subsection (a), by striking ``summer'' and inserting 
     ``seasonal'';
       (C) in subsection (b), by striking ``50 percent of the 
     participants in the summer'' and inserting ``35 percent of 
     the participants in the seasonal''; and
       (D) by striking subsection (c) and inserting the following:
       ``(c) Seasonal Program.--Persons desiring to participate in 
     the seasonal national service program shall enter into an 
     agreement with the Director to participate in the Corps for a 
     period of not less than 3 months and not more than 6 months, 
     as specified by the Director.''.
       (j) National Senior Service Corps.--Part D of title II of 
     the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5021 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 229. COVID-19 EMERGENCY RESPONSE AND RECOVERY PERIOD.

       ``(a) Age Requirements.--Notwithstanding section 201(a), 
     during the COVID-19 emergency response and recovery period, 
     in order to address the critical needs of local communities 
     across the country as a result of the COVID-19 pandemic, 
     individuals who are 45 years of age or older may be enrolled 
     as volunteers to provide services under part A.
       ``(b) Income Requirements.--Notwithstanding section 211(d), 
     during the COVID-19 emergency response and recovery period, 
     the terms `low-income person' and `person of low income' 
     under such section shall mean any person whose income is not 
     more than 400 percent of the poverty line defined in section 
     673(2) of the Community Services Block Grant (42 U.S.C. 
     9902(2)) and adjusted by the Director in the manner described 
     in such section.''.
       (k) Flexibility.--
       (1) Policy of maximizing flexibility.--It is the sense of 
     the Senate that, in carrying out activities under this title, 
     the Corporation for National and Community Service should, 
     consistent with the Domestic Volunteer Service Act of 1973 
     (42 U.S.C. 4950 et seq.) and the National and Community 
     Service Act of 1990 (42 U.S.C. 12501), maximize the 
     flexibility of State Commissions (as defined in section 101 
     of such Act (42 U.S.C. 12511)) to award and amend grants, 
     consistent with the purposes of this title, and to rapidly 
     enroll new individuals to serve in programs under the 
     national service laws.
       (2) Report on activities to maximize flexibility.--Not 
     later than 120 days after the date of enactment of this Act, 
     and in consultation with such State Commissions,

[[Page S5322]]

     the Chief Executive Officer of the Corporation for National 
     and Community Service shall prepare and submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate and the Committee on Education and Labor of the House 
     of Representatives a report containing recommendations on 
     what additional actions to maximize flexibility for such 
     State Commissions would strengthen the work of State 
     Commissions and their grantees.
       (l) Further Expediting Rapid Enrollment.--Not later than 90 
     days after the date of enactment of this Act, the Chief 
     Executive Officer of the Corporation for National and 
     Community Service shall review the Corporation's capacity and 
     shall prepare and submit a report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives containing information about whether a new 
     unit within the Corporation for National and Community 
     Service should be established to provide additional 
     assistance or manage the enrollment process to ensure 
     compliance with sections 189D and 199I of the National and 
     Community Service Act of 1990 (42 U.S.C. 12645g; 12655i) for 
     incoming participants in national service programs, 
     particularly new national service programs receiving program 
     assistance for the first time.

     SEC. __9. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) AmeriCorps State and National; Educational Awards.--
       (1) In general.--Section 501(a)(2) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12681(a)(2)) is 
     amended by striking ``fiscal years 2010 through 2014'' and 
     all that follows and inserting ``fiscal year 2020, in 
     addition to any amount appropriated before the date of 
     enactment of the Cultivating Opportunity and Response to the 
     Pandemic through Service Act, additional amounts of--
       ``(A) $10,300,000,000, to provide financial assistance 
     under subtitle C of title I; and
       ``(B) $3,659,000,000, to provide national service 
     educational awards under subtitle D of title I for the total 
     of the number of participants described in section 121(f)(1) 
     for fiscal years 2020 through 2023.''.
       (2) Conforming amendment.--Section 121(f)(1) of such Act 
     (42 U.S.C. 12571(f)(1)) of such Act is amended by striking 
     subparagraphs (A), (B) and (C) and inserting the following:
       ``(A) increase the number of positions to 250,000 per year 
     by fiscal year 2023; and
       ``(B) ensure that the increase described in subparagraph 
     (A) is achieved through an appropriate balance of full- and 
     part-time service positions;''.
       (b) AmeriCorps NCCC.--Section 501(a)(3)(A) of such Act (42 
     U.S.C. 12681(a)(3)(A)) is amended by striking ``such sums as 
     may be necessary for each of fiscal years 2010 through 
     2014.'' and inserting ``in addition to any amount 
     appropriated before the date of enactment of the Cultivating 
     Opportunity and Response to the Pandemic through Service Act 
     an additional amount of $592,000,000 for fiscal year 2020.''.
       (c) Volunteer Generation Fund.--Section 501(a)(4) of such 
     Act (42 U.S.C. 12681(a)(4)) is amended--
       (1) in subparagraph (A), by striking ``for each of fiscal 
     years 2010 through 2014'' and inserting ``for fiscal year 
     2020''; and
       (2) in subparagraph (F), by striking ``section 198P--'' and 
     all that follows and inserting ``in addition to any amount 
     appropriated before the date of enactment of the Cultivating 
     Opportunity and Response to the Pandemic through Service Act, 
     an additional amount of $50,000,000 for fiscal year 2020.''.
       (d) Administration by the Corporation and State 
     Commissions.--Section 501(a)(5) of such Act (42 U.S.C. 
     12681(a)(5)) is amended--
       (1) in subparagraph (A), by striking ``such sums as may be 
     necessary for each of fiscal years 2010 through 2014.'' and 
     inserting ``in addition to any amount appropriated before the 
     date of enactment of the Cultivating Opportunity and Response 
     to the Pandemic through Service Act, an additional amount of 
     $754,000,000 for fiscal year 2020.'';
       (2) in subparagraph (B), by striking ``for a fiscal year, a 
     portion'' and inserting ``a portion (from the amounts 
     appropriated under subparagraph (A) before the date of 
     enactment of the Cultivating Opportunity and Response to the 
     Pandemic through Service Act, and an additional portion of 
     $158,000,000,''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) Outreach and promotion campaign for covid-19 response 
     opportunities.--Of the amounts appropriated under 
     subparagraph (A), $10,000,000 shall be made available to 
     carry out an outreach and promotion campaign under section 
     193A(g)(4).''.
       (e) AmeriCorps VISTA.--Section 501 of the Domestic 
     Volunteer Service Act of 1973 (42 U.S.C. 5081) is amended--
       (1) in subsection (a)(1), by striking ``$100,000,000 for 
     fiscal year 2010 and such sums as may be necessary for each 
     of the fiscal years 2011 through 2014.'' and inserting ``, in 
     addition to any amount appropriated before the date of 
     enactment of the Cultivating Opportunity and Response to the 
     Pandemic through Service Act, an additional amount of 
     $1,100,000,000 for fiscal year 2020.''; and
       (2) in subsection (d), by striking the period and inserting 
     ``, except that any additional amount appropriated under an 
     amendment made by the Cultivating Opportunity and Response to 
     the Pandemic through Service Act shall remain available for 
     obligation through fiscal year 2023.''.
       (f) National Senior Service Corps.--Section 502 of such Act 
     (42 U.S.C. 5082) is amended by adding at the end the 
     following:
       ``(e) Online Service Resources.--There are authorized to be 
     appropriated, to develop online service resources to carry 
     out parts A, B, C, and E of title II, $5,000,000 for fiscal 
     year 2020.''.

     SEC. _10. TABLE OF CONTENTS.

       (a) NCSA.--The table of contents in section 1(b) of the 
     National Community Service Act of 1990 is amended--
       (1) by striking the item relating to section 154 and 
     inserting the following:

``Sec. 154. Seasonal national summer program.'';
       (2) by striking the item relating to section 189A and 
     inserting the following:

``Sec. 189A. Matching requirements for severely economically distressed 
              communities; matching funds during COVID-19 response and 
              recovery period.'';
     and
       (3) by striking the item relating to the title heading for 
     title IV and all that follows through the item relating to 
     section 401 and inserting the following:

                     ``TITLE IV--RESPONSE PROJECTS

``Sec. 401. Projects honoring victims of terrorist attacks.
``Sec. 402. COVID-19 emergency response and recovery period 
              augmentation and expansion grants.''.
       (b) DVSA.--The table of contents in section 1(b) of the 
     National Community Service Act of 1990 is amended--
       (1) in the items relating to part D of title II, by adding 
     at the end the following:

``Sec. 229. COVID-19 emergency response and recovery period.'';
       (2) by inserting after the item relating to the title 
     heading for title IV the following:

``Sec. 401. Definitions.'';
     and
       (3) by striking the item relating to section 421 and 
     inserting the following:
       

``Sec. 421. Online service platform.''.
                                 ______
                                 
  SA 2626. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. TEMPORARY SUSPENSION OF DUTIES ON ARTICLES NEEDED TO 
                   COMBAT THE COVID-19 PANDEMIC.

       (a) In General.--An article described in subsection (b) 
     entered, or withdrawn from warehouse for consumption, during 
     the period specified in subsection (c) shall enter the United 
     States free of duty, including free of any duty that may be 
     imposed as a penalty or otherwise imposed in addition to 
     other duties, including any duty imposed pursuant to--
       (1) section 301 of the Trade Act of 1974 (19 U.S.C. 2411);
       (2) section 232 of the Trade Expansion Act of 1962 (19 
     U.S.C. 1862); or
       (3) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.).
       (b) Articles Described.--An article is described in this 
     subsection if the article is classified under any of the 
     following statistical reporting numbers of the Harmonized 
     Tariff Schedule of the United States or is identified by the 
     United States International Trade Commission, after the date 
     of the enactment of this Act, as an article related to the 
     response to the COVID-19 pandemic:


2207.10.6090....................  3824.99.9295......  7613.00.0000
2208.90.8000....................  3824.99.9297......  8419.20.0010
2804.40.0000....................  3923.21.0095......  8419.20.0020
2847.00.0000....................  3923.29.0000......  8421.39.8040
3002.13.0000....................  3926.20.1010......  8705.90.0000
3002.14.0000....................  3926.20.1020......  8713.10.0000
3002.15.0000....................  3926.20.9010......  8713.90.0030
3002.19.0000....................  3926.20.9050......  8713.90.0060
3002.20.0000....................  3926.90.9910......  9004.90.0000
3003.10.0000....................  3926.90.9990......  9018.11.3000
3003.20.0000....................  3926.90.9996......  9018.11.6000
3003.60.0000....................  4015.11.0110......  9018.11.9000
3003.90.0100....................  4015.11.0150......  9018.12.0000
3004.10.1020....................  4015.19.0510......  9018.19.4000
3004.10.1045....................  4015.19.0550......  9018.19.5500
3004.10.5045....................  4015.19.1010......  9018.19.7500
3004.10.5060....................  4015.90.0010......  9018.31.0040
3004.20.0020....................  4015.90.0050......  9018.31.0080
3004.20.0030....................  4818.50.0000......  9018.31.0090
3004.20.0060....................  4818.90.0000......  9018.32.0000
3004.49.0060....................  6116.10.6500......  9018.39.0020
3004.60.0000....................  6210.10.2000......  9018.39.0040
3004.90.1000....................  6210.10.5000......  9018.39.0050
3004.90.9210....................  6210.10.9010......  9018.90.3000
3004.90.9285....................  6210.10.9040......  9018.90.7580
3004.90.9290....................  6210.50.3500......  9018.90.8000
3005.10.5000....................  6210.50.7500......  9019.20.0000
3005.90.5090....................  6216.00.5420......  9020.00.6000
3006.70.0000....................  6307.90.6090......  9020.00.9000
3401.11.5000....................  6307.90.6800......  9022.12.0000
3401.19.0000....................  6307.90.7200......  9025.19.8040
3401.20.0000....................  6307.90.8910......  9025.19.8080
3808.94.1000....................  6307.90.9889......  9026.80.4000
3808.94.5000....................  6505.00.0100......  9027.80.2500
3821.00.0000....................  6505.00.8015......  9027.80.4530
3822.00.1090....................  6505.00.9089......  9028.20.0000

[[Page S5323]]

 
3822.00.5090....................  7311.00.0090......  9402.90.0010
3822.00.6000....................  7324.90.0000......  9402.90.0020
 

       (c) Period Specified.--The period specified in this 
     subsection is the period--
       (1) beginning on the date that is 15 days after the date of 
     the enactment of this Act; and
       (2) ending on December 31, 2022.
                                 ______
                                 
  SA 2627. Mr. GRASSLEY (for himself, Mr. Daines, and Ms. McSally) 
submitted an amendment intended to be proposed to amendment SA 2499 
proposed by Mr. McConnell to the bill S. 178, to condemn gross human 
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for 
an end to arbitrary detention, torture, and harassment of these 
communities inside and outside China; which was ordered to lie on the 
table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROMOTING QUALITY OF LIFE FOR RESIDENTS OF LONG-TERM 
                   CARE FACILITIES DURING THE COVID-19 EMERGENCY 
                   PERIOD.

       (a) In General.--Sections 1819(c)(3) and 1919(c)(3) of the 
     Social Security Act (42 U.S.C. 1395i-3(c)(3), 1396r(c)(3)) 
     are each amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) provide for the use by residents of a 
     telecommunications device and the Internet, including 
     assistance from facility staff in the use of such technology, 
     if necessary or requested by the resident or the resident's 
     representative, or the long-term care ombudsman of a State, 
     to support telecommunication during the emergency period 
     described in section 1135(g)(1)(B)(relating to the 2019 Novel 
     Coronavirus), such as audio, visual, text communication, 
     videoconference, and two-way audio/video options, by 
     residents of such facility with family members and other 
     individuals.''.
       (b) Access During the COVID-19 Public Health Emergency 
     Period.--
       (1) Long-term care facilities.--Not later than 30 days 
     after the date of enactment of this Act, the Secretary shall 
     take steps necessary to ensure that the residents of each 
     participating provider and of other long-term care facilities 
     designated by the Secretary have access to the devices, 
     Internet, and assistance necessary to support the 
     televisitation practices described in sections 1819(c)(3)(F) 
     and 1919(c)(3)(F) of the Social Security Act, as added by 
     subsection (a), during the COVID-19 public health emergency 
     period.
       (2) Notification requirements.--In carrying out the 
     amendments made by subsection (a) and paragraph (1) of this 
     subsection, the Secretary shall address--
       (A) notification to residents, representatives and family 
     members of residents, and the long-term care ombudsman of 
     each State, of access to such televisitation;
       (B) how participating providers will ensure or enable 
     installation and access to a device purchased by, or for the 
     use or benefit of, individual residents; and
       (C) operational issues or other barriers to ensure timely 
     resident access to the deployment of such televisitation.
       (c) Funding.--
       (1) Establishment of televisitation fund.--There is 
     established in the Treasury of the United States a fund, to 
     be known as the ``Televisitation Fund'' (referred to in this 
     section as the ``Fund''), to be administered by the 
     Secretary.
       (2) Transfers.--Beginning on the date of enactment of this 
     Act and ending on September 30, 2022, and in a manner 
     consistent with section 3302(b) of title 31, there shall be 
     transferred to the Fund from the General Fund of the 
     Treasury, an amount that is not less than--
       (A) $50,000,000, if such sums are appropriated by Congress 
     for the Telehealth Resource Center of the Federal Office of 
     Rural Health Policy of the Office for the Advancement of 
     Telehealth to promote the development of televisitation for 
     participating providers, which shall remain available through 
     September 30, 2021; or
       (B) in the event that appropriated funds are not available 
     under subparagraph (A), 30 percent of the amount of 
     assessments collected under section 1128A of the Social 
     Security Act (42 U.S.C. 1320a-7a), which shall remain 
     available until expended.
       (3) Use of funds.--
       (A) In general.--From amounts in the Fund, in addition to 
     any other amounts available, and without further 
     appropriation, the Secretary shall, during each of fiscal 
     years 2020 and 2021, use amounts available in the Fund to 
     award televisitation grants to participating providers and, 
     to the extent appropriated funding is available, other long-
     term care facilities designated by the Secretary to receive 
     such grants. The Secretary shall use amounts in the Fund only 
     to supplement the funds that would, in the absence of such 
     Federal funds, be made available from other Federal, State, 
     and local sources to promote televisitation, and not to 
     supplant such funds.
       (B) Grants.--Of the amounts in the Fund used under 
     subparagraph (A), not less than $25,000,000, if such amounts 
     are available in the Fund during fiscal year 2020 or 2021, 
     shall be used for grants to address technical, service 
     delivery, operational, or other related barriers to the 
     timely deployment of televisitation in participating 
     providers, including with respect to addressing inadequate 
     access to broadband and necessary staff to facilitate the use 
     of televisitation, telecommunications devices, or other items 
     or services as necessary to implement such televisitation.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (2) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (3) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (4) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (7) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
       (8) Televisitation.--The term ``televisitation'' means 
     telecommunication, including but not limited to audio, 
     visual, text communication, video conference, and two-way 
     audio/video options, by residents of a participating provider 
     with other individuals.
                                 ______
                                 
  SA 2628. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EMERGENCY SUPPORT AND COVID-19 PROTECTIONS FOR 
                   NURSING HOMES.

       (a) Establishing COVID-19 Strike Teams for Nursing 
     Facilities.--
       (1) In general.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (2) Mission and composition of strike teams.--
       (A) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (B) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (i) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (ii) the mission of the team;
       (iii) the authority of the individual to perform the team 
     mission;
       (iv) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (v) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (vi) the required security background checks that the 
     individual has passed.
       (C) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (D) Team and member authority.--A team and team member may 
     not use the letter of authorization described in subparagraph 
     (B) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (E) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may

[[Page S5324]]

     establish protocols and procedures for requesting the 
     assistance of a strike team established under this subsection 
     and any other procedures deemed necessary for the team's 
     operation.
       (F) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this subsection 
     shall supplement and not supplant response efforts carried 
     out by a State strike team or a technical assistance team 
     established by the Secretary during the COVID-19 public 
     health emergency period.
       (b) Promoting COVID-19 Testing and Infection Control in 
     Nursing Facilities.--
       (1) Nursing home protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council 
     established under section 2021 of the Social Security Act (42 
     U.S.C. 1397k), is authorized during the COVID-19 public 
     health emergency period to enhance efforts by participating 
     providers to respond to COVID-19, including through--
       (A) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of paragraph (2);
       (B) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (C) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and representatives and family members of residents; 
     and
       (D) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (2) Training on best practices in infection control and 
     prevention.--
       (A) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (B) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (C) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (D) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.
       (c) Promoting Transparency in COVID-19 Reporting by Nursing 
     Facilities and Long-term Care Facilities.--
       (1) Collection and reporting of staffing data by nursing 
     facilities during covid-19 emergency period.--The Secretary 
     shall develop a plan for ensuring that participating 
     providers resume compliance with the requirement, under 
     section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-
     7j(g)), to electronically submit direct care staffing 
     information based on payroll and other auditable data 
     (including measures to ensure that the submitted data 
     includes direct care staffing information for the entire 
     duration of the COVID-19 emergency period).
       (2) Collection and reporting of data related to covid-19 by 
     nursing facilities during covid-19 emergency period.--The 
     Secretary shall ensure that participating providers and long-
     term care facilities report all suspected and confirmed cases 
     of COVID-19 among personnel and residents of the provider or 
     facility, all COVID-19-related fatalities among personnel and 
     residents of the provider or facility, and all fatalities 
     among personnel and residents of the provider or facility, 
     whether related to COVID-19 or unrelated to COVID-19, for the 
     period beginning on January 1, 2020, to the Secretary.
       (3) Reporting of nursing facility data related to covid-19 
     by the secretary.--Not later than 10 days after the date of 
     enactment of this Act, and at least weekly thereafter during 
     the COVID-19 public health emergency period, the Secretary 
     shall provide the Governor of each State with a list of all 
     participating providers in the State with respect to which 
     the reported cases of COVID-19 in visitors to, personnel of, 
     and residents of, such providers increased during the 
     previous week (or, in the case of the first such list, during 
     the 10-day period beginning on the date of enactment of this 
     Act).
       (4) Confidentiality.--Any information reported under this 
     subsection that is made available to the public shall be made 
     so available in a manner that protects the identity of 
     residents of participating providers and long-term care 
     facilities.
       (d) Extending Elder Justice Act Protections During the 
     COVID-19 Emergency Period.--
       (1) Long-term care ombudsman program grants and training.--
     Section 2043 of the Social Security Act (42 U.S.C. 1397m-2) 
     is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A), by inserting ``(including during 
     the emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2)(D))'' before the semicolon; and
       (ii) in paragraph (2)--
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) for the emergency period described in section 
     1135(g)(1)(B), $12,000,000.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``(including during the 
     emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2))'' before the period; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, and for the emergency period described in 
     section 1135(g)(1)(B), $12,000,000''.
       (2) Elder justice coordinating council.--
       (A) Membership.--Section 2021(b)(1) of the Social Security 
     Act (42 U.S.C. 1397k(b)(1)) is amended--
       (i) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (ii) by inserting after subparagraph (B), the following:
       ``(C) The Administrator of the Federal Emergency Management 
     Agency.''.
       (B) Duties.--Section 2021(f)(1) of such Act (42 U.S.C. 
     1397k(f)(1)) is amended by inserting ``the Federal Emergency 
     Management Agency,'' after ``Justice,''.
       (3) Adult protective services functions and grant 
     programs.--Section 2042 of the Social Security Act (42 U.S.C. 
     1397m-1) is amended--
       (A) in subsection (a)(2), by inserting ``, and $5,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014'';
       (B) in subsection (b)(5), by inserting ``, and $150,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''; and
       (C) in subsection (c)(6), by inserting ``, and $30,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''.
       (4) Technical amendment.--Section 2011(12)(A) of the Social 
     Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking 
     ``450b'' and inserting ``5304''.
       (e) Reducing Racial Disparities in Nursing Facilities 
     During the COVID-19 Emergency.--
       (1) Task force.--The Secretary shall establish a task 
     force, to be known as the ``Ethnic and Racial Disparities in 
     Nursing Facilities Task Force'' (referred to in this 
     subsection as the ``task force''), to gather data on racial 
     and ethnic disparities in participating providers during the 
     COVID-19 public health emergency period and provide 
     recommendations to Federal, State, local, and Tribal 
     policymakers on ways to reduce such disparities.
       (2) Membership.--The task force shall be composed of the 
     Secretary, the Surgeon General, other Federal, State, and 
     local government officials, and individuals appointed by the 
     Secretary with firsthand knowledge of, or expertise relating 
     to, disparities in access to quality care for residents of 
     participating providers who are members of racial or ethnic 
     minority groups. In appointing such individuals, the 
     Secretary shall ensure the individuals appointed provide 
     ample representation with respect to the demographics of 
     residents and caregivers of such participating providers, 
     particularly with respect to residents and caregivers of such 
     facilities who are members of racial or ethnic minority 
     groups.
       (3) Administration.--
       (A) Chairperson.--The Secretary shall serve as the 
     chairperson of the task force. The Surgeon General shall 
     serve as the vice chairperson.
       (B) Staff.--The task force shall have 2 full-time staff 
     members.
       (C) Meetings.--The task force shall convene at least 
     monthly, with the first meeting to occur within 60 days after 
     the enactment of this Act.
       (4) Reporting and recommendations.--
       (A) Monthly reports.--Not later than 45 days after the 1st 
     meeting of the task force, and monthly thereafter, the task 
     force shall submit to Congress and the Federal Emergency 
     Management Agency a report that includes--
       (i) recommended methodologies for improving Federal data 
     collection on resident outcomes in participating providers 
     with disproportionately high rates of admission of 
     individuals who are members of racial or ethnic minority 
     groups;
       (ii) the identification of participating providers 
     evidencing racial or ethnic disparities in psychotropic drug 
     usage, infection prevention and control deficiencies, 
     hospitalization rates, infectious disease rates, injury 
     rates, abuse rates, neglect rates, fatality rates, and any 
     additional areas, as determined by the task force based on 
     available public health data (or, if no such data are 
     available, on the basis of such other publicly available data 
     or information as the task force may determine);
       (iii) the identification of factors, including Federal and 
     State policies, that have contributed to racial or ethnic 
     health disparities in resident outcomes in participating 
     providers, and actions Congress (and if appropriate, other 
     entities) can take to address these factors; and
       (iv) recommendations for best practices to promote 
     improvements in participating providers evidencing racial or 
     ethnic disparities

[[Page S5325]]

     in psychotropic drug usage, infection prevention and control 
     deficiencies, hospitalization rates, infectious disease 
     rates, injury rates, abuse and neglect rates, fatality rates, 
     or any additional areas determined by the task force.
       (B) Consultation with indian tribes.--In submitting reports 
     and recommendations under this paragraph, the task force 
     shall consult with Indian Tribes and Tribal organizations.
       (C) Sunset.--The task force shall terminate on December 31, 
     2022.
       (f) Achieving Savings in Health Care Programs by Reducing 
     Improper Prescribing of Controlled Substances.--
       (1) In general.--Within 120 days of enactment of this Act 
     and annually thereafter, the Secretary shall report all 
     Medicare revocation actions or preclusion list placements to 
     the Drug Enforcement Administration that are based totally or 
     in part on the improper prescribing, administering, or 
     dispensing of controlled substances.
       (2) Definitions.--The terms used in this subsection shall 
     have the meaning given such terms in section 102 of the 
     Controlled Substances Act (42 U.S.C. 802). For purposes of 
     paragraph (1), the ``improper prescribing, administering, or 
     dispensing of controlled substances'' includes doing so in 
     any of the following respects:
       (A) In excessive quantities.
       (B) For other than a legitimate medical purpose or outside 
     the usual course of professional practice.
       (C) Beyond the scope of the practitioner's DEA 
     registration.
       (D) In any other manner not permitted by the Controlled 
     Substances Act (21 U.S.C. 801 et. seq.).
       (3) Access to evidence.--When making the reports required 
     under paragraph (1), the Secretary shall provide the Drug 
     Enforcement Administration with any relevant records or other 
     evidence that Drug Enforcement Administration requests for 
     purposes of carrying out its functions under the Controlled 
     Substances Act. The Drug Enforcement Administration may use 
     any such information or other evidence provided by the 
     Secretary for the purposes of any criminal, civil, or 
     administrative proceeding arising out the Controlled 
     Substances Act.
       (g) Funding.--
       (1) CARES act.---The Secretary may use amounts appropriated 
     for COVID-19 response and related activities pursuant to the 
     CARES Act (Public Law 116-136) and subsequently enacted 
     legislation to carry out this section and the amendments made 
     by this section.
       (2) Prevention and public health fund.--The Secretary may 
     use amounts in the Prevention and Public Health Fund, 
     established under section 4002 of the Patient Protection and 
     Affordable Care Act of 2010, to carry out this section and 
     the amendments made by this section, including by providing 
     financial assistance to participating providers as 
     appropriate for implementation of the requirements of this 
     section and the amendments made by this section.
       (h) Definitions.--In this section:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (4) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (5) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (8) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
                                 ______
                                 
  SA 2629. Mr. GRASSLEY (for himself, Mr. Daines, and Ms. McSally) 
submitted an amendment intended to be proposed by him to the bill S. 
178, to condemn gross human rights violations of ethnic Turkic Muslims 
in Xinjiang, and calling for an end to arbitrary detention, torture, 
and harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. PROMOTING QUALITY OF LIFE FOR RESIDENTS OF LONG-TERM 
                   CARE FACILITIES DURING THE COVID-19 EMERGENCY 
                   PERIOD.

       (a) In General.--Sections 1819(c)(3) and 1919(c)(3) of the 
     Social Security Act (42 U.S.C. 1395i-3(c)(3), 1396r(c)(3)) 
     are each amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) provide for the use by residents of a 
     telecommunications device and the Internet, including 
     assistance from facility staff in the use of such technology, 
     if necessary or requested by the resident or the resident's 
     representative, or the long-term care ombudsman of a State, 
     to support telecommunication during the emergency period 
     described in section 1135(g)(1)(B)(relating to the 2019 Novel 
     Coronavirus), such as audio, visual, text communication, 
     videoconference, and two-way audio/video options, by 
     residents of such facility with family members and other 
     individuals.''.
       (b) Access During the COVID-19 Public Health Emergency 
     Period.--
       (1) Long-term care facilities.--Not later than 30 days 
     after the date of enactment of this Act, the Secretary shall 
     take steps necessary to ensure that the residents of each 
     participating provider and of other long-term care facilities 
     designated by the Secretary have access to the devices, 
     Internet, and assistance necessary to support the 
     televisitation practices described in sections 1819(c)(3)(F) 
     and 1919(c)(3)(F) of the Social Security Act, as added by 
     subsection (a), during the COVID-19 public health emergency 
     period.
       (2) Notification requirements.--In carrying out the 
     amendments made by subsection (a) and paragraph (1) of this 
     subsection, the Secretary shall address--
       (A) notification to residents, representatives and family 
     members of residents, and the long-term care ombudsman of 
     each State, of access to such televisitation;
       (B) how participating providers will ensure or enable 
     installation and access to a device purchased by, or for the 
     use or benefit of, individual residents; and
       (C) operational issues or other barriers to ensure timely 
     resident access to the deployment of such televisitation.
       (c) Funding.--
       (1) Establishment of televisitation fund.--There is 
     established in the Treasury of the United States a fund, to 
     be known as the ``Televisitation Fund'' (referred to in this 
     section as the ``Fund''), to be administered by the 
     Secretary.
       (2) Transfers.--Beginning on the date of enactment of this 
     Act and ending on September 30, 2022, and in a manner 
     consistent with section 3302(b) of title 31, there shall be 
     transferred to the Fund from the General Fund of the 
     Treasury, an amount that is not less than--
       (A) $50,000,000, if such sums are appropriated by Congress 
     for the Telehealth Resource Center of the Federal Office of 
     Rural Health Policy of the Office for the Advancement of 
     Telehealth to promote the development of televisitation for 
     participating providers, which shall remain available through 
     September 30, 2021; or
       (B) in the event that appropriated funds are not available 
     under subparagraph (A), 30 percent of the amount of 
     assessments collected under section 1128A of the Social 
     Security Act (42 U.S.C. 1320a-7a), which shall remain 
     available until expended.
       (3) Use of funds.--
       (A) In general.--From amounts in the Fund, in addition to 
     any other amounts available, and without further 
     appropriation, the Secretary shall, during each of fiscal 
     years 2020 and 2021, use amounts available in the Fund to 
     award televisitation grants to participating providers and, 
     to the extent appropriated funding is available, other long-
     term care facilities designated by the Secretary to receive 
     such grants. The Secretary shall use amounts in the Fund only 
     to supplement the funds that would, in the absence of such 
     Federal funds, be made available from other Federal, State, 
     and local sources to promote televisitation, and not to 
     supplant such funds.
       (B) Grants.--Of the amounts in the Fund used under 
     subparagraph (A), not less than $25,000,000, if such amounts 
     are available in the Fund during fiscal year 2020 or 2021, 
     shall be used for grants to address technical, service 
     delivery, operational, or other related barriers to the 
     timely deployment of televisitation in participating 
     providers, including with respect to addressing inadequate 
     access to broadband and necessary staff to facilitate the use 
     of televisitation, telecommunications devices, or other items 
     or services as necessary to implement such televisitation.
       (d) Definitions.--In this section:
       (1) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (2) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (3) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in

[[Page S5326]]

     section 1919(a) of the Social Security Act (42 U.S.C. 
     1396r(a)).
       (4) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (7) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
       (8) Televisitation.--The term ``televisitation'' means 
     telecommunication, including but not limited to audio, 
     visual, text communication, video conference, and two-way 
     audio/video options, by residents of a participating provider 
     with other individuals.
                                 ______
                                 
  SA 2630. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EMERGENCY SUPPORT AND COVID-19 PROTECTIONS FOR 
                   NURSING HOMES.

       (a) Establishing COVID-19 Strike Teams for Nursing 
     Facilities.--
       (1) In general.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (2) Mission and composition of strike teams.--
       (A) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (B) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (i) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (ii) the mission of the team;
       (iii) the authority of the individual to perform the team 
     mission;
       (iv) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (v) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (vi) the required security background checks that the 
     individual has passed.
       (C) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (D) Team and member authority.--A team and team member may 
     not use the letter of authorization described in subparagraph 
     (B) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (E) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this subsection and any other procedures deemed necessary for 
     the team's operation.
       (F) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this subsection 
     shall supplement and not supplant response efforts carried 
     out by a State strike team or a technical assistance team 
     established by the Secretary during the COVID-19 public 
     health emergency period.
       (b) Promoting COVID-19 Testing and Infection Control in 
     Nursing Facilities.--
       (1) Nursing home protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council 
     established under section 2021 of the Social Security Act (42 
     U.S.C. 1397k), is authorized during the COVID-19 public 
     health emergency period to enhance efforts by participating 
     providers to respond to COVID-19, including through--
       (A) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of paragraph (2);
       (B) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (C) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and representatives and family members of residents; 
     and
       (D) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (2) Training on best practices in infection control and 
     prevention.--
       (A) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (B) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (C) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (D) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.
       (c) Promoting Transparency in COVID-19 Reporting by Nursing 
     Facilities and Long-term Care Facilities.--
       (1) Collection and reporting of staffing data by nursing 
     facilities during covid-19 emergency period.--The Secretary 
     shall develop a plan for ensuring that participating 
     providers resume compliance with the requirement, under 
     section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-
     7j(g)), to electronically submit direct care staffing 
     information based on payroll and other auditable data 
     (including measures to ensure that the submitted data 
     includes direct care staffing information for the entire 
     duration of the COVID-19 emergency period).
       (2) Collection and reporting of data related to covid-19 by 
     nursing facilities during covid-19 emergency period.--The 
     Secretary shall ensure that participating providers and long-
     term care facilities report all suspected and confirmed cases 
     of COVID-19 among personnel and residents of the provider or 
     facility, all COVID-19-related fatalities among personnel and 
     residents of the provider or facility, and all fatalities 
     among personnel and residents of the provider or facility, 
     whether related to COVID-19 or unrelated to COVID-19, for the 
     period beginning on January 1, 2020, to the Secretary.
       (3) Reporting of nursing facility data related to covid-19 
     by the secretary.--Not later than 10 days after the date of 
     enactment of this Act, and at least weekly thereafter during 
     the COVID-19 public health emergency period, the Secretary 
     shall provide the Governor of each State with a list of all 
     participating providers in the State with respect to which 
     the reported cases of COVID-19 in visitors to, personnel of, 
     and residents of, such providers increased during the 
     previous week (or, in the case of the first such list, during 
     the 10-day period beginning on the date of enactment of this 
     Act).
       (4) Confidentiality.--Any information reported under this 
     subsection that is made available to the public shall be made 
     so available in a manner that protects the identity of 
     residents of participating providers and long-term care 
     facilities.
       (d) Extending Elder Justice Act Protections During the 
     COVID-19 Emergency Period.--
       (1) Long-term care ombudsman program grants and training.--
     Section 2043 of the Social Security Act (42 U.S.C. 1397m-2) 
     is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A), by inserting ``(including during 
     the emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2)(D))'' before the semicolon; and
       (ii) in paragraph (2)--
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) for the emergency period described in section 
     1135(g)(1)(B), $12,000,000.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``(including during the 
     emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2))'' before the period; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, and for the emergency period described in 
     section 1135(g)(1)(B), $12,000,000''.
       (2) Elder justice coordinating council.--

[[Page S5327]]

       (A) Membership.--Section 2021(b)(1) of the Social Security 
     Act (42 U.S.C. 1397k(b)(1)) is amended--
       (i) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (ii) by inserting after subparagraph (B), the following:
       ``(C) The Administrator of the Federal Emergency Management 
     Agency.''.
       (B) Duties.--Section 2021(f)(1) of such Act (42 U.S.C. 
     1397k(f)(1)) is amended by inserting ``the Federal Emergency 
     Management Agency,'' after ``Justice,''.
       (3) Adult protective services functions and grant 
     programs.--Section 2042 of the Social Security Act (42 U.S.C. 
     1397m-1) is amended--
       (A) in subsection (a)(2), by inserting ``, and $5,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014'';
       (B) in subsection (b)(5), by inserting ``, and $150,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''; and
       (C) in subsection (c)(6), by inserting ``, and $30,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''.
       (4) Technical amendment.--Section 2011(12)(A) of the Social 
     Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking 
     ``450b'' and inserting ``5304''.
       (e) Reducing Racial Disparities in Nursing Facilities 
     During the COVID-19 Emergency.--
       (1) Task force.--The Secretary shall establish a task 
     force, to be known as the ``Ethnic and Racial Disparities in 
     Nursing Facilities Task Force'' (referred to in this 
     subsection as the ``task force''), to gather data on racial 
     and ethnic disparities in participating providers during the 
     COVID-19 public health emergency period and provide 
     recommendations to Federal, State, local, and Tribal 
     policymakers on ways to reduce such disparities.
       (2) Membership.--The task force shall be composed of the 
     Secretary, the Surgeon General, other Federal, State, and 
     local government officials, and individuals appointed by the 
     Secretary with firsthand knowledge of, or expertise relating 
     to, disparities in access to quality care for residents of 
     participating providers who are members of racial or ethnic 
     minority groups. In appointing such individuals, the 
     Secretary shall ensure the individuals appointed provide 
     ample representation with respect to the demographics of 
     residents and caregivers of such participating providers, 
     particularly with respect to residents and caregivers of such 
     facilities who are members of racial or ethnic minority 
     groups.
       (3) Administration.--
       (A) Chairperson.--The Secretary shall serve as the 
     chairperson of the task force. The Surgeon General shall 
     serve as the vice chairperson.
       (B) Staff.--The task force shall have 2 full-time staff 
     members.
       (C) Meetings.--The task force shall convene at least 
     monthly, with the first meeting to occur within 60 days after 
     the enactment of this Act.
       (4) Reporting and recommendations.--
       (A) Monthly reports.--Not later than 45 days after the 1st 
     meeting of the task force, and monthly thereafter, the task 
     force shall submit to Congress and the Federal Emergency 
     Management Agency a report that includes--
       (i) recommended methodologies for improving Federal data 
     collection on resident outcomes in participating providers 
     with disproportionately high rates of admission of 
     individuals who are members of racial or ethnic minority 
     groups;
       (ii) the identification of participating providers 
     evidencing racial or ethnic disparities in psychotropic drug 
     usage, infection prevention and control deficiencies, 
     hospitalization rates, infectious disease rates, injury 
     rates, abuse rates, neglect rates, fatality rates, and any 
     additional areas, as determined by the task force based on 
     available public health data (or, if no such data are 
     available, on the basis of such other publicly available data 
     or information as the task force may determine);
       (iii) the identification of factors, including Federal and 
     State policies, that have contributed to racial or ethnic 
     health disparities in resident outcomes in participating 
     providers, and actions Congress (and if appropriate, other 
     entities) can take to address these factors; and
       (iv) recommendations for best practices to promote 
     improvements in participating providers evidencing racial or 
     ethnic disparities in psychotropic drug usage, infection 
     prevention and control deficiencies, hospitalization rates, 
     infectious disease rates, injury rates, abuse and neglect 
     rates, fatality rates, or any additional areas determined by 
     the task force.
       (B) Consultation with indian tribes.--In submitting reports 
     and recommendations under this paragraph, the task force 
     shall consult with Indian Tribes and Tribal organizations.
       (C) Sunset.--The task force shall terminate on December 31, 
     2022.
       (f) Achieving Savings in Health Care Programs by Reducing 
     Improper Prescribing of Controlled Substances.--
       (1) In general.--Within 120 days of enactment of this Act 
     and annually thereafter, the Secretary shall report all 
     Medicare revocation actions or preclusion list placements to 
     the Drug Enforcement Administration that are based totally or 
     in part on the improper prescribing, administering, or 
     dispensing of controlled substances.
       (2) Definitions.--The terms used in this subsection shall 
     have the meaning given such terms in section 102 of the 
     Controlled Substances Act (42 U.S.C. 802). For purposes of 
     paragraph (1), the ``improper prescribing, administering, or 
     dispensing of controlled substances'' includes doing so in 
     any of the following respects:
       (A) In excessive quantities.
       (B) For other than a legitimate medical purpose or outside 
     the usual course of professional practice.
       (C) Beyond the scope of the practitioner's DEA 
     registration.
       (D) In any other manner not permitted by the Controlled 
     Substances Act (21 U.S.C. 801 et. seq.).
       (3) Access to evidence.--When making the reports required 
     under paragraph (1), the Secretary shall provide the Drug 
     Enforcement Administration with any relevant records or other 
     evidence that Drug Enforcement Administration requests for 
     purposes of carrying out its functions under the Controlled 
     Substances Act. The Drug Enforcement Administration may use 
     any such information or other evidence provided by the 
     Secretary for the purposes of any criminal, civil, or 
     administrative proceeding arising out the Controlled 
     Substances Act.
       (g) Funding.--
       (1) CARES act.---The Secretary may use amounts appropriated 
     for COVID-19 response and related activities pursuant to the 
     CARES Act (Public Law 116-136) and subsequently enacted 
     legislation to carry out this section and the amendments made 
     by this section.
       (2) Prevention and public health fund.--The Secretary may 
     use amounts in the Prevention and Public Health Fund, 
     established under section 4002 of the Patient Protection and 
     Affordable Care Act of 2010, to carry out this section and 
     the amendments made by this section, including by providing 
     financial assistance to participating providers as 
     appropriate for implementation of the requirements of this 
     section and the amendments made by this section.
       (h) Definitions.--In this section:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (4) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (5) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (8) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
                                 ______
                                 
  SA 2631. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 2542 submitted by Mr. Crapo and intended to be proposed 
to the amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, 
to condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

       On page 4, strike line 1 and all that follows through page 
     5, line 23.
                                 ______
                                 
  SA 2632. Mr. CRAMER submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REAL ACT OF 2020.

       (a) Short Title.--This section may be cited as the 
     ``Restoring Education And Learning Act of 2020'' or the 
     ``REAL Act of 2020''.
       (b) Reinstatement of Federal Pell Grant Eligibility.--
     Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1070a(b)) is amended--

[[Page S5328]]

       (1) by striking paragraph (6);
       (2) by redesignating paragraph (7) as paragraph (6); and
       (3) in paragraph (2)(A)(ii), by striking ``(7)(B)'' and 
     inserting ``(6)(B)''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall be effective for academic year 2020-2021 and succeeding 
     academic years.
                                 ______
                                 
  SA 2633. Mr. WICKER (for himself, Mr. Rubio, Mr. Blunt, Mrs. 
Blackburn, Ms. Collins, Mr. Cornyn, Mrs. Hyde-Smith, Mr. Cassidy, and 
Mr. Graham) submitted an amendment intended to be proposed by him to 
the bill S. 178, to condemn gross human rights violations of ethnic 
Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

                          TITLE __--CORPS ACT

     SEC. __ 1. SHORT TITLE.--

       This title may be cited as the ``Cultivating Opportunity 
     and Response to the Pandemic through Service Act'' or the 
     ``CORPS Act''.

     SEC. __2. FINDINGS.

       Congress finds the following:
       (1) The United States has a strong history of citizen 
     response to national calls to service in order to help the 
     Nation recover in times of crisis.
       (2) More than 80 years ago, the Nation rose to the 
     challenge of the Great Depression with the creation of 
     citizen service programs like the Civilian Conservation Corps 
     (referred to in this section as the ``CCC'') and the Works 
     Progress Administration (referred to in this section as the 
     ``WPA'').
       (3) Millions of participants benefitted from paid 
     employment and opportunities to develop their skills while 
     constructing national parks and public lands infrastructure 
     and producing cultural works still enjoyed today.
       (4) Following decades of evolution, incorporating policies 
     of both political parties, today's national service programs 
     carry on the legacy of the CCC and WPA.
       (5) Founded in 1990, the Corporation for National and 
     Community Service today coordinates national service by 
     individuals in the United States across every State and 
     territory, partnering with State-level commissions and 
     supporting locally driven services in partnership with 
     nongovernmental organizations and State governments.
       (6) National service programs provide public health, 
     education, employment training, and nutrition services for 
     which the Nation has a critical need in the current crisis.
       (7) The signature programs of the Corporation for National 
     and Community Service, which are the AmeriCorps State and 
     National, AmeriCorps National Civilian Community Corps, 
     AmeriCorps VISTA, and National Senior Service Corps programs, 
     can and should be expanded to meet current needs.
       (8) The novel coronavirus pandemic has infected and killed 
     individuals in every State and territory, causing more than 
     2,000,000 cases and 115,000 deaths so far.
       (9) In response, States, tribal governments, and cities 
     across the country have closed down businesses, schools, and 
     public events, leading to a dramatic drop in economic 
     activity and a sharp projected decline in the United States 
     economy.
       (10) More than 40,000,000 applications for unemployment 
     benefits have been filed in recent weeks, with weekly filings 
     repeatedly exceeding historic record levels.
       (11) More than 1 in every 10 adults in the United States 
     has applied for unemployment insurance since the crisis 
     began.
       (12) The pandemic and the associated economic consequences 
     have disproportionately impacted people of color across many 
     States.
       (13) To recover, the Nation also needs meaningful 
     employment opportunities, as well as a significant expansion 
     of the human capital working to address community needs 
     around public health, behavioral health, hunger, education, 
     and conservation.
       (14) Experience has demonstrated the centrality of 
     community participation in pandemic response, to overcome 
     stigma and structural barriers and meet the full needs of all 
     members of a diverse community.
       (15) As the Nation works to respond to and recover from the 
     current twin challenges of a public health pandemic and an 
     economic crisis, national service presents a unique 
     opportunity for flexible, locally driven responses to meet 
     State and local public health, employment, and recovery 
     needs.

     SEC. __3. PURPOSES.

       The purposes of this title are--
       (1) to provide for annual growth of 250,000 participants, 
     over 3 years, in national service programs, such as the 
     Public Land Corps (also known as the 21st Century 
     Conservation Service Corps) programs and other AmeriCorps 
     programs, that will provide services in response to the 
     pandemic and economic crisis;
       (2) to ensure that participant allowances cover the 
     reasonable cost of participation and provide participants 
     with economic and educational opportunity;
       (3) to stabilize such national service programs during 
     economic crisis; and
       (4) to support opportunities for all individuals in the 
     United States to engage in service.

     SEC. __4. DEFINITIONS.

       (a) NCSA.--Section 101 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12511) is amended--
       (1) by redesignating paragraphs (13) through (16), (17) 
     through (35), and (36) through (49), as paragraphs (14) 
     through (17), (19) through (37), and (39) through (52), 
     respectively;
       (2) by inserting after paragraph (12) the following:
       ``(13) Covid-19 definitions.--
       ``(A) Covid-19 emergency response and recovery period.--The 
     term `COVID-19 emergency response and recovery period' means 
     the period beginning on the first day of the COVID-19 public 
     health emergency and ending at the end of fiscal year 2023.
       ``(B) Covid-19 public health emergency.--The term `COVID-19 
     public health emergency' means the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247d) 
     on January 31, 2020, with respect to COVID-19.'';
       (3) by inserting after paragraph (17), as so redesignated, 
     the following:
       ``(18) High-poverty area.--The term `high -poverty area' 
     means a census tract defined as high-poverty by the Bureau of 
     the Census.''; and
       (4) by inserting after paragraph (37), as so redesignated, 
     the following:
       ``(38) Public land corps.--The term `Public Lands Corps' 
     means the Corps established in section 204 of the Public 
     Lands Corps Act of 1993 (16 U.S.C. 1723).''.
       (b) DVSA.--Section 421 of the Domestic Volunteer Service 
     Act of 1973 (42 U.S.C. 5061) is amended--
       (1) in paragraph (19), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (20), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(21)(A) the term `COVID-19 emergency response and 
     recovery period' means the period beginning on the first day 
     of the COVID-19 public health emergency and ending at the end 
     of fiscal year 2023; and
       ``(B) the term `COVID-19 public health emergency' means the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19; and
       ``(22) the term `Public Lands Corps' means the Corps 
     established in section 204 of the Public Lands Corps Act of 
     1993 (16 U.S.C. 1723).''.

     SEC. __5. PRIORITIZING RESPONSE SERVICES.

       (a) AmeriCorps State and National.--
       (1) National service priorities.--Section 122(f) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12572(f)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by adding at the end the 
     following: ``For fiscal years 2020 through 2023, the 
     Corporation shall include, in the national service 
     priorities, the priorities described in paragraph (5).''; and
       (ii) in subparagraph (B), by adding at the end the 
     following: ``For fiscal years 2020 through 2023, each State 
     shall include, in the State priorities, the priorities 
     described in paragraph (5).''; and
       (B) by adding at the end the following:
       ``(5) Emergency priorities.--For fiscal years 2020 through 
     2023, the priorities established under paragraph (1) for 
     national service programs shall provide that the Corporation 
     and the States, as appropriate, shall give priority to 
     entities submitting applications--
       ``(A) that propose activities directly related to the 
     response to and recovery from the COVID-19 public health 
     emergency, such as the provision of--
       ``(i) public health services, including support for 
     isolation and quarantine activities;
       ``(ii) emergency logistics, such as the setup of alternate 
     care sites;
       ``(iii) work that furthers the capacity of State (including 
     territorial), tribal, and local health departments and the 
     recommendations of the Director of the Centers for Disease 
     Control and Prevention;
       ``(iv) work that furthers the capacity of nonprofit and 
     community organizations to respond to the immediate needs of 
     individuals affected by COVID-19;
       ``(v) services that support economic opportunity;
       ``(vi) education, including enrichment and adult education 
     and literacy activities;
       ``(vii) services to address housing and food insecurity; 
     and
       ``(viii) jobs for youth in preserving and restoring nature;
       ``(B) who--
       ``(i) are--

       ``(I) current (as of the date of the application 
     submission) or former recipients of financial assistance 
     under the program for which the application is submitted; and
       ``(II) able to provide services directly related to the 
     response and recovery described in subparagraph (A); or

       ``(ii) are--

       ``(I) community-based organizations located in the rural or 
     high-poverty areas, or tribal communities, the organizations 
     propose to serve; and
       ``(II) able to provide services directly related to the 
     response and recovery described in subparagraph (A);

       ``(C) to the maximum extent practicable--

[[Page S5329]]

       ``(i) if the entities are proposing programs that serve, or 
     proposing to give priority for positions to applicants from, 
     underserved populations, such as individuals described in 
     section 129(a)(1)(B) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3164(a)(1)(B)), minority 
     individuals, individuals who have had contact with the 
     juvenile justice system, Indians, veterans, and individuals 
     whose abilities are not typical, such as individuals with 
     intellectual or developmental disabilities;
       ``(ii) especially if the entities propose recruiting 
     applicants for positions to serve in the same metropolitan or 
     micropolitan statistical area or county as the area or 
     county, respectively, in which the applicants attended a 
     secondary school or institution of higher education; and
       ``(iii) especially if the entities propose programs that 
     serve populations in rural or high-poverty areas, or tribal 
     communities; and
       ``(D) that propose to give priority for positions to 
     applicants who--
       ``(i) were serving outside of the United States in the 
     Peace Corps, the J. William Fulbright Educational Exchange 
     Program referenced in section 112 of the Mutual Educational 
     and Cultural Exchange Act of 1961 (22 U.S.C. 2460), or the 
     program under this subtitle, subtitle E, or part A of title I 
     of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 
     et seq.); but
       ``(ii) ended their terms of service early, or returned to 
     the United States before the end of their terms of service, 
     due to the COVID-19 public health emergency.''.
       (b) AmeriCorps NCCC.--Section 157 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12617) is amended--
       (1) in subsection (b)(1), by adding at the end the 
     following:
       ``(C) Surge capacity and priority projects.--
       ``(i) Surge capacity projects.--The Corporation and the 
     Director of the Centers for Disease Control and Prevention 
     shall develop, and the Corporation shall approve, a proposal 
     for public health surge capacity projects. In carrying out 
     the projects, the Corporation and the Director shall develop 
     and deploy public health surge capacity teams.
       ``(ii) Priority projects.--For fiscal years 2020 through 
     2023, the Corporation shall give priority to entities 
     submitting applications for projects under this subtitle in 
     the same manner as the Corporation gives priority to entities 
     submitting applications for national service programs under 
     section 122(f)(5).''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``The campus'' and 
     inserting ``Except as provided in paragraph (3), the 
     campus''; and
       (B) by adding at the end the following:
       ``(3) Surge capacity and priority projects.--The 
     Corporation shall assign the projects described in clauses 
     (i) and (ii) of subsection (b)(1)(C) to specified Corps 
     campuses.''.
       (c) AmeriCorps VISTA.--Section 109 of the Domestic 
     Volunteer Service Act of 1973 (42 U.S.C. 4960) is amended by 
     adding at the end the following: ``For fiscal years 2020 
     through 2023, the Corporation shall give priority to entities 
     submitting applications for projects or programs under this 
     part in the same manner as the Corporation gives priority to 
     entities submitting applications for national service 
     programs under section 122(f)(5) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12572(f)(5)).''.

     SEC. __6. STRENGTHENING OPPORTUNITY.

       (a) Allowances.--
       (1) Domestic volunteer service act of 1973.--Section 105(b) 
     of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4955(b)) is amended by adding at the end the following:
       ``(4) Notwithstanding paragraph (2), during the COVID-19 
     emergency response and recovery period, the Director shall 
     set the subsistence allowance for volunteers under paragraph 
     (1) for each fiscal year so that--
       ``(A) the minimum allowance is not less than an amount 
     equal to 175 percent of such poverty line (as defined in 
     section 673(2) of the Community Services Block Grant Act) for 
     a single individual as expected for each fiscal year; and
       ``(B) the average subsistence allowance, excluding 
     allowances for Hawaii, Guam, American Samoa, and Alaska, is 
     not less than 185 percent of such poverty line.
       ``(5)(A) A stipend or allowance under this section or an 
     allowance under section 140 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12594) shall not be increased 
     as a result of amendments made by the Cultivating Opportunity 
     and Response to the Pandemic through Service Act, or any 
     other amendment made to this section or that section 140, 
     respectively, unless the funds appropriated for carrying out 
     this part or subtitle C of the National and Community Service 
     Act of 1990 (42 U.S.C. 12571 et seq.), respectively, are 
     sufficient to maintain for the fiscal year involved a number 
     of participants to serve under this part or that subtitle C, 
     respectively, that is at least equal to the number of such 
     participants so serving during the preceding fiscal year.
       ``(B) In the event that sufficient appropriations for any 
     fiscal year (consistent with subparagraph (A)) are not 
     available to increase any stipend or allowance under this 
     section or allowance under section 140 of the National and 
     Community Service Act of 1990 to the minimum amount specified 
     in this section or under that section 140, respectively, the 
     Director shall increase the stipend or allowance involved to 
     such amount as appropriations for such year permit consistent 
     with subparagraph (A).''.
       (2) National and community service act of 1990.--Section 
     158 of the National and Community Service Act of 1990 (42 
     U.S.C. 12618) is amended by adding at the end the following:
       ``(h) Adjustment to Maximum Allowance During COVID-19 
     Response and Recovery Period.--Notwithstanding the limitation 
     on the allowance amount specified in subsection (b), during 
     the COVID-19 emergency response and recovery period, the 
     amount of the allowance that the Director shall establish 
     pursuant to that subsection shall be any amount not in excess 
     of the amount equal to 175 percent of the poverty line that 
     is applicable to a family of 2 (as defined by the Office of 
     Management and Budget and revised annually in accordance with 
     section 673(2) of the Community Services Block Grant Act (42 
     U.S.C. 9902(2))).''.
       (b) National Service Educational Awards.--Section 147 of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12603) is amended by adding at the end the following:
       ``(f) Adjustment to Educational Award During the COVID-19 
     Response and Recovery.--
       ``(1) In general.--Notwithstanding subsection (a), an 
     individual described in section 146(a) who successfully 
     completes a required term of full-time national service in an 
     approved national service position during the COVID-19 
     emergency response and recovery period shall receive a 
     national service educational award having a value equal to 
     twice the maximum amount of a Federal Pell Grant under 
     section 401 of the Higher Education Act of 1965 (20 U.S.C. 
     1070a) that a student eligible for such Grant may receive in 
     the aggregate (without regard to whether the funds are 
     provided through discretionary or mandatory appropriations), 
     for the award year for which the national service position is 
     approved by the Corporation.
       ``(2) Less than full-time service.--Notwithstanding 
     subsections (b) and (c), an individual described in section 
     146(a) who successfully completes a required term of part-
     time national service in an approved national service 
     position during the COVID-19 response and recovery period, or 
     who is serving in an approved national service position and 
     is released, during that period, in accordance with section 
     139(c)(1)(A) from completing the full-time or part-time term 
     of service agreed to by the individual, shall receive that 
     portion of the national service educational award calculated 
     under paragraph (1) that corresponds to the quantity of the 
     term of service actually completed by the individual.
       ``(3) Definition.--In this subsection, the term 
     `institution of higher education' has the meaning given the 
     term in section 148(h).''.
       (c) Tax Provisions.--
       (1) Income tax exclusion for living allowance.--
       (A) In general.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 is amended by inserting 
     after section 139H the following new section:

     ``SEC. 139I. LIVING ALLOWANCE FOR NATIONAL SERVICE 
                   PARTICIPANTS.

       ``Gross income does not include the amount of any living 
     allowance provided under section 105(b) of the Domestic 
     Volunteer Service Act of 1973 (42 U.S.C. 4955(b)) or section 
     140(a) or 158(b) of the National and Community Service Act of 
     1990 (42 U.S.C. 12594(a), 12618(b)).''.
       (B) Clerical amendment.--The table of sections for part III 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 139H the following new item:

``Sec. 139I. Living allowance for national service participants.''.
       (C) Effective date.--The amendments made by this paragraph 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
       (2) Exclusion from gross income of national service 
     educational awards.--
       (A) In general.--Section 117 of the Internal Revenue Code 
     of 1986 (relating to qualified scholarships) is amended by 
     adding at the end the following new subsection:
       ``(e) National Service Educational Awards.--Gross income 
     shall not include any payments from the National Service 
     Trust established under section 145 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12601), including 
     the national service educational award described in subtitle 
     D of title I of such Act (42 U.S.C. 12601 et seq.).''.
       (B) Exclusion of discharge of student loan debt.--
     Subsection (f) of section 108 of such Code is amended by 
     adding at the end the following new paragraph:
       ``(6) Payments under national service educational award 
     programs.--In the case of an individual, gross income shall 
     not include any amount received as a national service 
     educational award under subtitle D of title I of the National 
     and Community Service Act of 1990 (42 U.S.C. 12601 et 
     seq.).''.
       (C) Effective date.--The amendments made by this paragraph 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. __7. INVITING PARTICIPATION.

       (a) Coordination With Other Youth Programs.--Section 193A 
     of the National and Community Service Act of 1990 (42 U.S.C. 
     12651d) is amended by adding at the end the following:

[[Page S5330]]

       ``(j) Coordination With Other Youth Programs.--
       ``(1) Covered programs.--The term `covered program' means--
       ``(A) the YouthBuild program carried out by the Secretary 
     of Labor under section 171 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3226);
       ``(B) the program of the Indian Youth Service Corps under 
     section 210 of the Public Lands Corps Act of 1993 (16 U.S.C. 
     1727b);
       ``(C) a youth conservation corps program under title I of 
     the Act entitled `An Act to establish a pilot program in the 
     Departments of the Interior and Agriculture designated as the 
     Youth Conservation Corps, and for other purposes', approved 
     August 13, 1970 (commonly known as the `Youth Conservation 
     Corps Act of 1970'; 16 U.S.C. 1701 et seq.); and
       ``(D) the National Guard Youth Challenge Program under 
     section 509 of title 32, United States Code.
       ``(2) Coordination.--The Chief Executive Officer, in 
     coordination with the Federal agency representatives for 
     covered programs, shall develop a plan and make 
     recommendations in the plan to improve coordination between 
     covered programs and programs of the Corporation to meet the 
     needs of underserved youth, such as economically 
     disadvantaged youth, minority youth, youth who left school 
     without a secondary school diploma, formerly incarcerated or 
     court-involved youth, youth who are children of an 
     incarcerated parent, youth in foster care (including youth 
     aging out of foster care), migrant youth, and other youth who 
     are neither enrolled in secondary or postsecondary school or 
     participating in the labor market.''.
       (b) Platform for National Senior Service Corps.--Title IV 
     of the Domestic Volunteer Service Act of 1973 is amended--
       (1) by redesignating section 421 (42 U.S.C. 5061), as 
     amended by section __4(b), as section 401;
       (2) by moving that section 401 so as to follow the title 
     heading for title IV; and
       (3) by inserting after section 420 (42 U.S.C. 5059) the 
     following:

     ``SEC. 421. ONLINE SERVICE PLATFORM.

       ``(a) Establishment.--The Chief Executive Officer of the 
     Corporation shall establish an online service platform with a 
     gateway to connect volunteers in the National Senior Service 
     Corps with service projects and enable the volunteers to 
     carry out distance volunteer services. The platform shall be 
     linked to and placed prominently on the website of the 
     Corporation. The Corporation may enter into a contract with a 
     public entity to create the platform.
       ``(b) Training Resources and Information.--
       ``(1) In general.--The Corporation shall provide training 
     resources, information, and guidance for the volunteers on 
     the platform.
       ``(2) Information.--The Corporation shall provide 
     information to regional offices of the Corporation about how 
     to get volunteers in the National Senior Service Corps 
     connected to the platform through the gateway.
       ``(3) Guidance.--The Corporation shall issue guidance for 
     the regional offices about how to transfer the programs of 
     the National Senior Service Corps to the platform.
       ``(4) Outreach.--The Corporation shall provide outreach 
     services to promote the platform including outreach to 
     institutions of higher education, the Department of Veterans 
     Affairs for mentorship projects, and State and local 
     governments for community engagement projects.''.
       (c) Outreach and Promotion Campaign.--Section 193A(g) of 
     such Act is amended by adding at the end the following:
       ``(4) Outreach and promotion campaign.--
       ``(A) In general.--In carrying out public awareness 
     functions under this subsection, the Corporation shall carry 
     out an outreach and promotion campaign to promote programs 
     under the national service laws with opportunities to respond 
     to the COVID-19 public health emergency, with the goal of 
     maximizing awareness of those programs among individuals ages 
     17 through 30.
       ``(B) Report.--The Corporation shall prepare and submit to 
     Congress a report that--
       ``(i) evaluates the outreach and promotion campaign; and
       ``(ii) contains--

       ``(I) an analysis of the measures and resources that would 
     be required for the Corporation effectively to notify 
     individuals who are ages 17 through 30 every 2 years of 
     opportunities under the national service laws and steps to 
     take to apply for those opportunities;
       ``(II) a description of how the Corporation would ensure 
     those measures would enable the Corporation to provide that 
     notification to targeted individuals from diverse geographic 
     areas, including individuals who are ages 17 through 30 
     living in rural or high-poverty areas, or tribal communities; 
     and
       ``(III) a recommendation regarding whether the Corporation 
     should make the notifications described in subclause (I).''.

       (d) Volunteer Generation Fund.--Section 198P(d)(2) of the 
     National and Community Service Act of 1990 (42 U.S.C. 
     12653p(d)(2)) is amended by adding at the end the following: 
     ``With respect to grants made with funds appropriated as an 
     additional amount under section 501(a)(4)(F), the minimum 
     grant amount shall be not less than $250,000.''.

     SEC. __8. ENSURING AGILITY.

       (a) Waiver of Matching Funds Requirements.--Section 189A of 
     the National and Community Service Act of 1990 (42 U.S.C. 
     12645d) is amended--
       (1) in the section heading, by inserting ``; matching funds 
     during covid-19 response and recovery period'' after 
     ``communities''; and
       (2) by adding at the end the following:
       ``(c) COVID-19 Response.--Notwithstanding any other 
     provision of law, an entity that receives assistance from the 
     Corporation for any program under the national service laws 
     (including a State Commission and an entity receiving 
     subgrant funds) during the COVID-19 emergency response and 
     recovery period shall not be subject to any requirements to 
     provide matching funds for any such program, and the Federal 
     share of such assistance for a recipient (including for a 
     State Commission and a subgrant recipient) may be 100 
     percent.''.
       (b) Pilot Program.--Section 126 of the National and 
     Community Service Act of 1990 (42 U.S.C. 12576) is amended by 
     adding at the end the following:
       ``(d) Direct Placements During the COVID-19 Response and 
     Recovery Period.--
       ``(1) In general.--Notwithstanding section 178(h), during 
     the COVID-19 emergency response and recovery period, the 
     Corporation shall implement a pilot program allowing State 
     Commissions to directly place a portion of individuals who 
     have approved national service positions in State national 
     service programs in a manner to be determined by the 
     Corporation.
       ``(2) Priorities.--State Commissions participating in the 
     pilot program shall, to the extent practicable, prioritize 
     the placement of individuals in national service programs 
     that serve rural or high-poverty areas, or tribal 
     communities, especially such programs carried out by entities 
     that have not previously been service sponsors for 
     participants.
       ``(3) Report.--The Corporation shall prepare and submit a 
     report to Congress at the end of the pilot program described 
     in paragraph (1), containing recommendations about whether 
     and how to continue such a program of direct placements.''.
       (c) No Summer Limitation During COVID-19 Response and 
     Recovery Period.--Section 104 of the Domestic Volunteer 
     Service Act of 1973 (42 U.S.C. 4954) is amended by adding at 
     the end the following:
       ``(f)(1) Notwithstanding any other provision of this part, 
     during the COVID-19 emergency response and recovery period, 
     the Director may enroll full-time VISTA associates in a 
     program, during any months of the year, under such terms and 
     conditions as the Director shall determine to be appropriate. 
     Such individuals shall be assigned to projects that address 
     the needs of underserved communities as a result of the 
     COVID-19 public health emergency.
       ``(2) In preparing reports relating to programs under this 
     Act, the Director shall report on participants, costs, and 
     accomplishments under the program under this subsection 
     separately.
       ``(3) The limitation on funds appropriated for grants and 
     contracts, as contained in section 108, shall not apply to 
     the program under this subsection.''.
       (d) VISTA Limitation Applicability.--Section 108 of the 
     Domestic Volunteer Service Act of 1973 (42 U.S.C. 4958) is 
     amended--
       (1) in subsection (a), by striking ``Of funds 
     appropriated'' and inserting ``Subject to subsection (c), of 
     funds appropriated''; and
       (2) by adding at the end the following:
       ``(c) Rule for COVID-19 Response and Recovery Period.--
     Notwithstanding subsection (a), during the COVID-19 emergency 
     response and recovery period, in order to address the needs 
     of underserved communities related to the COVID-19 pandemic, 
     of funds appropriated for the purpose of this part under 
     section 501, not more than 75 percent may be obligated for 
     the direct cost of supporting volunteers in programs and 
     projects (including new programs and projects that begin 
     after the date of enactment of the Cultivating Opportunity 
     and Response to the Pandemic through Service Act) carried out 
     pursuant to this part, and such funds may be obligated 
     regardless of when grant recipients commenced such programs 
     and projects.''.
       (e) Augmentation and Expansion Grants.--Title IV of the 
     National and Community Service Act of 1990 (42 U.S.C. 12671) 
     is amended--
       (1) by striking the title IV title heading and all that 
     follows through the section heading for section 401 and 
     inserting the following:

                     ``TITLE IV--RESPONSE PROJECTS

     ``SEC. 401. PROJECTS HONORING VICTIMS OF TERRORIST 
                   ATTACKS.'';

     and
       (2) by adding at the end the following:

     ``SEC. 402. COVID-19 EMERGENCY RESPONSE AND RECOVERY PERIOD 
                   AUGMENTATION AND EXPANSION GRANTS.

       ``During the COVID-19 emergency response and recovery 
     period, the Corporation may award noncompetitive augmentation 
     and expansion grants, at such time and in such manner as the 
     Corporation determines appropriate.''.
       (f) Term of Service During COVID-19 Emergency Response and 
     Recovery Period.--Section 146 of the National and Community 
     Service Act of 1990 (42 U.S.C. 12602) is amended by adding at 
     the end the following:
       ``(g) Term of Service During COVID-19 Emergency Response 
     and Recovery Period.--Notwithstanding the aggregate value 
     limit described in subsection (c), during the COVID-19 
     emergency response and recovery period, a participant who 
     received 2 national service educational awards for terms of 
     service concluding before the end of fiscal year

[[Page S5331]]

     2020 may, as determined by the Corporation, be eligible for 
     an additional term of service and, on the successful 
     completion of that term, a third national service educational 
     award.''.
       (g) Increase in Limitation on Grant Amounts.--
       (1) Increase in limitation on total grant amount during 
     emergency response and recovery period.--Section 189 of the 
     National and Community Service Act of 1990 (42 U.S.C. 12645c) 
     is amended by adding at the end the following:
       ``(f) Increase in Limitation on Total Grant Amount During 
     COVID-19 Emergency Response and Recovery Period.--
     Notwithstanding the limits described in subsections (a) and 
     (e), during the COVID-19 emergency response and recovery 
     period, the amount of funds approved by the Corporation for a 
     grant to operate a program authorized under the national 
     service laws, for supporting individuals serving in approved 
     national service positions, may not exceed, for each full-
     time equivalent position--
       ``(1) an amount equal to the sum of--
       ``(A) $7,500; and
       ``(B) the living allowance established under section 140(a) 
     (including any adjustment attributable to section 105(b)(4) 
     of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4955(b))); or
       ``(2) for a grant for a program meeting the requirements 
     described in subsection (e), an amount equal to the sum of--
       ``(A) $10,000; and
       ``(B) the living allowance established under section 140(a) 
     (including any adjustment referred to in paragraph 
     (1)(B)).''.
       (2) Waiver authority for increased limitation.--Section 
     189(e)(1) of the National and Community Service Act of 1990 
     (42 U.S.C. 12645c(e)(1)) is amended by striking ``$19,500'' 
     and inserting ``an amount equal to the sum of $10,000 and the 
     living allowance established under section 140(a) (including 
     any adjustment referred to in subsection (f)(1)(B))''.
       (h) Increase in Limitation on Total Grant Amount for 
     Educational Award Only Program During COVID-19 Emergency 
     Response and Recovery Period.--Section 129A of the National 
     and Community Service Act of 1990 (42 U.S.C. 12581a) is 
     amended by adding at the end the following:
       ``(g) Increase in Limitation on Total Grant Amount for 
     Educational Award Only Program During COVID-19 Emergency 
     Response and Recovery Period.--Notwithstanding the limit 
     described in subsection (b), during the COVID-19 emergency 
     response and recovery period, the Corporation may provide the 
     operational support under this section for a program in an 
     amount that is not more than $1,600 per individual enrolled 
     in an approved national service position, or not more than 
     $2,000 per such individual if at least 50 percent of the 
     persons enrolled in the program are disadvantaged youth.''.
       (i) Seasonal Program.--
       (1) Establishment of national civilian community corps 
     program.--Section 152(b)(2) of the National and Community 
     Service Act of 1990 (42 U.S.C. 12612(b)(2)) is amended by 
     striking ``summer'' and inserting ``seasonal''.
       (2) Seasonal national service program.--Section 154 of the 
     National and Community Service Act of 1990 (42 U.S.C. 12614) 
     is amended--
       (A) in the section heading by striking ``summer'' and 
     inserting ``seasonal'';
       (B) in subsection (a), by striking ``summer'' and inserting 
     ``seasonal'';
       (C) in subsection (b), by striking ``50 percent of the 
     participants in the summer'' and inserting ``35 percent of 
     the participants in the seasonal''; and
       (D) by striking subsection (c) and inserting the following:
       ``(c) Seasonal Program.--Persons desiring to participate in 
     the seasonal national service program shall enter into an 
     agreement with the Director to participate in the Corps for a 
     period of not less than 3 months and not more than 6 months, 
     as specified by the Director.''.
       (j) National Senior Service Corps.--Part D of title II of 
     the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5021 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 229. COVID-19 EMERGENCY RESPONSE AND RECOVERY PERIOD.

       ``(a) Age Requirements.--Notwithstanding section 201(a), 
     during the COVID-19 emergency response and recovery period, 
     in order to address the critical needs of local communities 
     across the country as a result of the COVID-19 pandemic, 
     individuals who are 45 years of age or older may be enrolled 
     as volunteers to provide services under part A.
       ``(b) Income Requirements.--Notwithstanding section 211(d), 
     during the COVID-19 emergency response and recovery period, 
     the terms `low-income person' and `person of low income' 
     under such section shall mean any person whose income is not 
     more than 400 percent of the poverty line defined in section 
     673(2) of the Community Services Block Grant (42 U.S.C. 
     9902(2)) and adjusted by the Director in the manner described 
     in such section.''.
       (k) Flexibility.--
       (1) Policy of maximizing flexibility.--It is the sense of 
     the Senate that, in carrying out activities under this title, 
     the Corporation for National and Community Service should, 
     consistent with the Domestic Volunteer Service Act of 1973 
     (42 U.S.C. 4950 et seq.) and the National and Community 
     Service Act of 1990 (42 U.S.C. 12501), maximize the 
     flexibility of State Commissions (as defined in section 101 
     of such Act (42 U.S.C. 12511)) to award and amend grants, 
     consistent with the purposes of this title, and to rapidly 
     enroll new individuals to serve in programs under the 
     national service laws.
       (2) Report on activities to maximize flexibility.--Not 
     later than 120 days after the date of enactment of this Act, 
     and in consultation with such State Commissions, the Chief 
     Executive Officer of the Corporation for National and 
     Community Service shall prepare and submit to the Committee 
     on Health, Education, Labor, and Pensions of the Senate and 
     the Committee on Education and Labor of the House of 
     Representatives a report containing recommendations on what 
     additional actions to maximize flexibility for such State 
     Commissions would strengthen the work of State Commissions 
     and their grantees.
       (l) Further Expediting Rapid Enrollment.--Not later than 90 
     days after the date of enactment of this Act, the Chief 
     Executive Officer of the Corporation for National and 
     Community Service shall review the Corporation's capacity and 
     shall prepare and submit a report to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and the 
     Committee on Education and Labor of the House of 
     Representatives containing information about whether a new 
     unit within the Corporation for National and Community 
     Service should be established to provide additional 
     assistance or manage the enrollment process to ensure 
     compliance with sections 189D and 199I of the National and 
     Community Service Act of 1990 (42 U.S.C. 12645g; 12655i) for 
     incoming participants in national service programs, 
     particularly new national service programs receiving program 
     assistance for the first time.

     SEC. __9. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) AmeriCorps State and National; Educational Awards.--
       (1) In general.--Section 501(a)(2) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12681(a)(2)) is 
     amended by striking ``fiscal years 2010 through 2014'' and 
     all that follows and inserting ``fiscal year 2020, in 
     addition to any amount appropriated before the date of 
     enactment of the Cultivating Opportunity and Response to the 
     Pandemic through Service Act, additional amounts of--
       ``(A) $10,300,000,000, to provide financial assistance 
     under subtitle C of title I; and
       ``(B) $3,659,000,000, to provide national service 
     educational awards under subtitle D of title I for the total 
     of the number of participants described in section 121(f)(1) 
     for fiscal years 2020 through 2023.''.
       (2) Conforming amendment.--Section 121(f)(1) of such Act 
     (42 U.S.C. 12571(f)(1)) of such Act is amended by striking 
     subparagraphs (A), (B) and (C) and inserting the following:
       ``(A) increase the number of positions to 250,000 per year 
     by fiscal year 2023; and
       ``(B) ensure that the increase described in subparagraph 
     (A) is achieved through an appropriate balance of full- and 
     part-time service positions;''.
       (b) AmeriCorps NCCC.--Section 501(a)(3)(A) of such Act (42 
     U.S.C. 12681(a)(3)(A)) is amended by striking ``such sums as 
     may be necessary for each of fiscal years 2010 through 
     2014.'' and inserting ``in addition to any amount 
     appropriated before the date of enactment of the Cultivating 
     Opportunity and Response to the Pandemic through Service Act 
     an additional amount of $592,000,000 for fiscal year 2020.''.
       (c) Volunteer Generation Fund.--Section 501(a)(4) of such 
     Act (42 U.S.C. 12681(a)(4)) is amended--
       (1) in subparagraph (A), by striking ``for each of fiscal 
     years 2010 through 2014'' and inserting ``for fiscal year 
     2020''; and
       (2) in subparagraph (F), by striking ``section 198P--'' and 
     all that follows and inserting ``in addition to any amount 
     appropriated before the date of enactment of the Cultivating 
     Opportunity and Response to the Pandemic through Service Act, 
     an additional amount of $50,000,000 for fiscal year 2020.''.
       (d) Administration by the Corporation and State 
     Commissions.--Section 501(a)(5) of such Act (42 U.S.C. 
     12681(a)(5)) is amended--
       (1) in subparagraph (A), by striking ``such sums as may be 
     necessary for each of fiscal years 2010 through 2014.'' and 
     inserting ``in addition to any amount appropriated before the 
     date of enactment of the Cultivating Opportunity and Response 
     to the Pandemic through Service Act, an additional amount of 
     $754,000,000 for fiscal year 2020.'';
       (2) in subparagraph (B), by striking ``for a fiscal year, a 
     portion'' and inserting ``a portion (from the amounts 
     appropriated under subparagraph (A) before the date of 
     enactment of the Cultivating Opportunity and Response to the 
     Pandemic through Service Act, and an additional portion of 
     $158,000,000,''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) Outreach and promotion campaign for covid-19 response 
     opportunities.--Of the amounts appropriated under 
     subparagraph (A), $10,000,000 shall be made available to 
     carry out an outreach and promotion campaign under section 
     193A(g)(4).''.
       (e) AmeriCorps VISTA.--Section 501 of the Domestic 
     Volunteer Service Act of 1973 (42 U.S.C. 5081) is amended--
       (1) in subsection (a)(1), by striking ``$100,000,000 for 
     fiscal year 2010 and such sums as may be necessary for each 
     of the fiscal years 2011 through 2014.'' and inserting ``, in 
     addition to any amount appropriated before the date of 
     enactment of the Cultivating Opportunity and Response to the 
     Pandemic

[[Page S5332]]

     through Service Act, an additional amount of $1,100,000,000 
     for fiscal year 2020.''; and
       (2) in subsection (d), by striking the period and inserting 
     ``, except that any additional amount appropriated under an 
     amendment made by the Cultivating Opportunity and Response to 
     the Pandemic through Service Act shall remain available for 
     obligation through fiscal year 2023.''.
       (f) National Senior Service Corps.--Section 502 of such Act 
     (42 U.S.C. 5082) is amended by adding at the end the 
     following:
       ``(e) Online Service Resources.--There are authorized to be 
     appropriated, to develop online service resources to carry 
     out parts A, B, C, and E of title II, $5,000,000 for fiscal 
     year 2020.''.

     SEC. _10. TABLE OF CONTENTS.

       (a) NCSA.--The table of contents in section 1(b) of the 
     National Community Service Act of 1990 is amended--
       (1) by striking the item relating to section 154 and 
     inserting the following:

``Sec. 154. Seasonal national summer program.'';
       (2) by striking the item relating to section 189A and 
     inserting the following:

``Sec. 189A. Matching requirements for severely economically distressed 
              communities; matching funds during COVID-19 response and 
              recovery period.'';
     and
       (3) by striking the item relating to the title heading for 
     title IV and all that follows through the item relating to 
     section 401 and inserting the following:

                     ``TITLE IV--RESPONSE PROJECTS

``Sec. 401. Projects honoring victims of terrorist attacks.
``Sec. 402. COVID-19 emergency response and recovery period 
              augmentation and expansion grants.''.
       (b) DVSA.--The table of contents in section 1(b) of the 
     National Community Service Act of 1990 is amended--
       (1) in the items relating to part D of title II, by adding 
     at the end the following:

``Sec. 229. COVID-19 emergency response and recovery period.'';
       (2) by inserting after the item relating to the title 
     heading for title IV the following:

``Sec. 401. Definitions.'';
     and
       (3) by striking the item relating to section 421 and 
     inserting the following:

``Sec. 421. Online service platform.''.
                                 ______
                                 
  SA 2634. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. CREDIT FOR AMERICAN INFRASTRUCTURE BONDS ALLOWED TO 
                   ISSUERS.

       (a) In General.--Subchapter B of chapter 65 of the Internal 
     Revenue Code of 1986 is amended by inserting after section 
     6430 the following new section:

     ``SEC. 6431. CREDIT TO ISSUER OF AMERICAN INFRASTRUCTURE 
                   BONDS.

       ``(a) In General.--The issuer of an American infrastructure 
     bond shall be allowed a credit with respect to each interest 
     payment under such bond which shall be payable by the 
     Secretary as provided in subsection (b).
       ``(b) Payment of Credit.--
       ``(1) In general.--The Secretary shall pay 
     (contemporaneously with each interest payment date under such 
     bond) to the issuer of such bond (or to any person who makes 
     such interest payments on behalf of the issuer) the 
     applicable percentage of the interest payable under such bond 
     on such date.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage shall be equal to--
       ``(A) in the case of any American infrastructure bond 
     issued before January 1, 2026, 35 percent, and
       ``(B) in the case of any American infrastructure bond 
     issued after December 31, 2025, 28 percent.
       ``(3) Interest payment date.--For purposes of this 
     subsection, the term `interest payment date' means each date 
     on which the holder of record of the American infrastructure 
     bond is entitled to a payment of interest under such bond.
       ``(c) American Infrastructure Bond.--
       ``(1) In general.--For purposes of this section, the term 
     `American infrastructure bond' means any obligation if--
       ``(A) the interest on such obligation would (but for this 
     section) be excludable from gross income under section 103,
       ``(B) either--
       ``(i) the obligation is not a private activity bond, or
       ``(ii) the obligation is a private activity bond, but it is 
     issued as part of an issue 95 percent or more of the net 
     proceeds of which are to be used to finance or refinance 
     property that meets the ownership test in section 145(a)(1), 
     as applied by substituting `95 percent of the property' for 
     `all property', and
       ``(C) the issuer makes an irrevocable election to have this 
     section apply.
       ``(2) Applicable rules.--For purposes of applying paragraph 
     (1)--
       ``(A) for purposes of section 149(b), a bond shall not be 
     treated as federally guaranteed by reason of the credit 
     allowed under this section, and
       ``(B) a bond shall not be treated as an American 
     infrastructure bond if the issue price has more than a de 
     minimis amount (determined under rules similar to the rules 
     of section 1273(a)(3)) of premium over the stated principal 
     amount of the bond.
       ``(d) Special Rules.--
       ``(1) Interest on american infrastructure bonds includible 
     in gross income for federal income tax purposes.--For 
     purposes of this title, interest on any American 
     infrastructure bond shall be includible in gross income.
       ``(2) Application of arbitrage rules.--For purposes of 
     section 148, the yield on an issue of American infrastructure 
     bonds shall be reduced by the credit allowed under this 
     section, except that no such reduction shall apply with 
     respect to determining the amount of gross proceeds of an 
     issue that qualifies as a reasonably required reserve or 
     replacement fund.
       ``(e) Regulations.--The Secretary may prescribe such 
     regulations and other guidance as may be necessary or 
     appropriate to carry out this section.''.
       (b) Conforming Amendments.--
       (1) The table of sections for subchapter B of chapter 65 of 
     subtitle F of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new item:

``Sec. 6431. Credit to issuer of american infrastructure bonds.''.
       (2) Subparagraph (A) of section 6211(b)(4) of such Code is 
     amended by inserting ``6431,''after ``36B,''.
       (c) Transitional Coordination With State Law.--Except as 
     otherwise provided by a State after the date of the enactment 
     of this Act, the interest on any American infrastructure bond 
     (as defined in section 6431 of the Internal Revenue Code of 
     1986 (as added by this Act)) and the amount of any credit 
     determined under such section with respect to such bond shall 
     be treated for purposes of the income tax laws of such State 
     as being exempt from Federal income tax.
       (d) Adjustment to Payment to Issuers in Case of 
     Sequestration.--
       (1) In general.--In the case of any payment under 
     subsection (b) of section 6431 of the Internal Revenue Code 
     of 1986 (as added by this Act) made after the date of 
     enactment of this Act to which sequestration applies, the 
     amount of such payment shall be increased to an amount equal 
     to--
       (A) such payment (determined before such sequestration), 
     multiplied by
       (B) the quotient obtained by dividing the number 1 by the 
     amount by which the number 1 exceeds the percentage reduction 
     in such payment pursuant to such sequestration.
       (2) Sequestration.--For purposes of this subsection, the 
     term ``sequestration'' means any reduction in direct spending 
     ordered in accordance with a sequestration report prepared by 
     the Director of the Office and Management and Budget pursuant 
     to the Balanced Budget and Emergency Deficit Control Act of 
     1985 or the Statutory Pay-As-You-Go Act of 2010 or future 
     legislation having similar effect.
       (e) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 2635. Mr. WICKER (for himself, Mr. Barrasso, Mrs. Capito, Mr. 
Perdue, Mr. Boozman, Mr. Moran, and Ms. Murkowski) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ___. REINSTATEMENT OF ADVANCE REFUNDING BONDS.

       (a) In General.--The amendments made by section 13532 of 
     Public Law 115-97 are repealed and the provisions of law 
     amended by such section are restored as if such section had 
     never been enacted.
       (b) Effective Date.--The repeal made by this section shall 
     take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 2636. Mr. McCONNELL (for Mrs. Fischer) proposed an amendment to 
the resolution S. Res. 659, designating September 2020 as ``School Bus 
Safety Month''; as follows:

       In the sixth whereas clause of the preamble, strike 
     ``school districts'' and insert ``schools''.
                                 ______
                                 
  SA 2637. Mr. McCONNELL (for Mr. Thune) proposed an amendment to the 
joint resolution S.J. Res. 74, requesting the Secretary of the Interior 
to authorize a unique and 1-time arrangement for certain displays on 
Mount Rushmore National Memorial relating to the centennial of the 
ratification of the 19th Amendment to the Constitution of

[[Page S5333]]

the United States during the period beginning August 18, 2020, and 
ending on September 30, 2020; as follows:

       On page 3, strike lines 17 and 18, and insert the 
     following:
       2020;
       (2) encourages the Secretary of the Interior, in planning 
     the event requested to be authorized under paragraph (1), to 
     consult with the Director of the Centers for Disease Control 
     and Prevention or a designee of the Director of the Centers 
     for Disease Control and Prevention regarding precautions for 
     events and large gatherings to limit the spread of COVID-19, 
     including--
       (A) clearly communicating the precautions in place to the 
     public through signage;
       (B) facilitating social distancing; and
       (C) promoting safe hygiene practices for staff and 
     visitors;
       (3) requires the Secretary of the Interior, in carrying out 
     the event requested to be authorized under paragraph (1), to 
     adhere to, to the maximum extent practicable, any precautions 
     recommended in the publication of the Centers for Disease 
     Control and Prevention entitled ``Considerations for Events 
     and Gatherings'' during that event; and
       (4) respectfully requests that the Secretary of
                                 ______
                                 
  SA 2638. Mr. McCONNELL (for Mr. Coons) proposed an amendment to the 
concurrent resolution S. Con. Res. 37, honoring the life and work of 
Louis Lorenzo Redding, whose lifelong dedication to civil rights and 
service stand as an example of leadership for all people; as follows:

       Strike the preamble and insert the following:
       Whereas Louis Lorenzo Redding (referred to in this preamble 
     as ``Louis L. Redding'') was born on October 25, 1901, in 
     Alexandria, Virginia, the eldest of 5 children born to Lewis 
     Alfred and Mary Ann Holmes Redding;
       Whereas Louis L. Redding was an educator, attorney, and 
     lifelong activist who worked on civil rights and educational 
     issues;
       Whereas Louis L. Redding graduated from Howard High School 
     in 1919, which, at that time, was the only public high school 
     for African-American students in Delaware;
       Whereas Louis L. Redding received a bachelor's degree from 
     Brown University in 1923;
       Whereas, while at Brown University, Louis L. Redding and 7 
     other men established a chapter of the Alpha Phi Alpha 
     fraternity in Providence, Rhode Island;
       Whereas, in 1923, Louis L. Redding was the first African 
     American awarded the prestigious William Gaston Prize for 
     excellence in oratory and, as a result, delivered a 
     commencement speech at Brown University;
       Whereas Louis L. Redding became an English instructor and 
     the vice principal of Fessenden Academy outside of Ocala, 
     Florida, the oldest continuously operated school originally 
     for African-American students in Florida;
       Whereas Louis L. Redding left Fessenden Academy to teach 
     English in the high school division of Morehouse College, a 
     historically Black college in Atlanta, Georgia;
       Whereas, after 2 years of teaching, Louis L. Redding 
     enrolled in Harvard Law School in 1925;
       Whereas, in 1926, as a law student at Harvard Law School, 
     Louis L. Redding was ejected from the Wilmington, Delaware, 
     municipal court while protesting segregation of the 
     courtroom;
       Whereas that municipal court was the first court in 
     Wilmington, Delaware, to desegregate its gallery;
       Whereas Louis L. Redding graduated from Harvard Law School 
     in 1928 as the only African American in a class of about 200 
     students;
       Whereas, in 1929, Louis L. Redding became the first African 
     American to pass the Delaware bar;
       Whereas Louis L. Redding remained the only African-American 
     lawyer in Delaware for 26 years;
       Whereas, in 1949, Louis L. Redding was admitted to the 
     Delaware Bar Association, an organization from which Louis L. 
     Redding had been excluded for 20 years after having passed 
     the Delaware bar;
       Whereas, in 1950, Louis L. Redding and Jack Greenberg, a 
     lawyer for the NAACP Legal Defense and Educational Fund, 
     filed the case of Parker v. University of Delaware to protest 
     the segregated college system in Delaware;
       Whereas, in August 1950, Chancellor Collins Seitz ruled in 
     Parker v. University of Delaware, 75 A.2d 225 (Del. Ch. 
     1950), that, under Plessy v. Ferguson, 163 U.S. 537 (1896), 
     the State of Delaware violated the Constitution of the United 
     States by offering a separate but not equal education in the 
     State college and university system;
       Whereas, in 1951, Louis L. Redding and Jack Greenberg 
     filed--
       (1) Belton v. Gebhart, a case that concerned the 
     desegregation of high schools; and
       (2) Bulah v. Gebhart, a case that concerned the 
     desegregation of elementary schools;

       Whereas, in 1952, the Belton and Bulah cases were 
     consolidated in the Delaware Court of Chancery, where, in 
     Belton v. Gebhart, 87 A.2d 862 (Del. Ch. 1952), Chancellor 
     Collins Seitz ordered the Delaware State Board of Education 
     to open all schools in Delaware to African Americans;
       Whereas the Delaware State Board of Education appealed the 
     decision of Chancellor Collins Seitz to the Supreme Court of 
     Delaware, which upheld the decision of the Chancellor in 
     Gebhart v. Belton, 91 A.2d 137 (Del. 1952);
       Whereas the case then came before the Supreme Court of the 
     United States on a writ of certiorari to the Supreme Court of 
     Delaware;
       Whereas Louis L. Redding and Jack Greenberg argued the case 
     alongside Thurgood Marshall, the first African-American 
     Justice of the Supreme Court of the United States, as the 
     last of a group of 5 school desegregation cases heard and 
     decided by the Supreme Court of the United States in Brown v. 
     Board of Education of Topeka, 347 U.S. 483 (1954), and 
     Bolling v. Sharpe, 347 U.S. 497 (1954);
       Whereas, on May 17, 1954, the Supreme Court of the United 
     States held in Brown v. Board of Education of Topeka, 347 
     U.S. 483 (1954), that separate educational facilities for 
     racial minorities violated the Equal Protection Clause of the 
     14th Amendment to the Constitution of the United States, thus 
     holding that school segregation was unconstitutional;
       Whereas, on February 21, 1961, Louis L. Redding argued to 
     the Supreme Court of the United States in the case of Burton 
     v. Wilmington Parking Authority that a private company with a 
     relationship to a government agency was in violation of the 
     Equal Protection Clause of the 14th Amendment to the 
     Constitution of the United States if the private company 
     refused to provide service to a customer on the basis of 
     race;
       Whereas, in April 1961, the Supreme Court of the United 
     States established the principle of State action in Burton v. 
     Wilmington Parking Authority, 365 U.S. 715 (1961), and ruled 
     that a private entity may not discriminate on the basis of 
     race if the State has approved, encouraged, or facilitated 
     the relevant private conduct;
       Whereas, in 1965, Louis L. Redding became a public defender 
     for the State of Delaware and fought for the rights of poor 
     clients for nearly 20 years thereafter;
       Whereas, in 1984, Louis L. Redding retired after 55 years 
     of practicing law;
       Whereas Louis L. Redding was a member of many national 
     organizations, including--
       (1) the National Bar Association;
       (2) the National Association for the Advancement of Colored 
     People;
       (3) the National Lawyers Guild; and
       (4) the Emergency Civil Liberties Committee;

       Whereas Louis L. Redding was awarded the Martin Luther 
     King, Jr. Memorial Award by the National Education 
     Association and an honorary Doctor of Law degree from Brown 
     University;
       Whereas the University of Delaware established the Louis L. 
     Redding Chair for the Study of Law and Public Policy in the 
     School of Education;
       Whereas Pulitzer Prize winning author Richard Kluger 
     described Louis L. Redding as a man who fought, largely 
     alone, for the civil rights and liberties of Black 
     Delawareans;
       Whereas former Secretary of Transportation William T. 
     Coleman, Jr., stated that the giants of the civil rights 
     movement were Houston Hastings, Louis L. Redding, and 
     Thurgood Marshall;
       Whereas, on September 29, 1998, Louis L. Redding died at 
     the age of 96 in Lima, Pennsylvania;
       Whereas Louis L. Redding broke down barriers and paved the 
     way for countless African-American lawyers to follow in his 
     footsteps, including--
       (1) Theophilus Nix, Sr., the second African American to 
     pass the Delaware bar exam;
       (2) Leonard L. Williams, the second African-American judge 
     in Delaware; and
       (3) Haile L. Alford, the first African-American female 
     judge in Delaware; and
       Whereas Louis L. Redding is remembered as an individual who 
     figured prominently in the struggle for desegregation and as 
     a lawyer who never lost a desegregation case: Now, therefore, 
     be it
                                 ______
                                 
  SA 2639. Ms. McSALLY (for herself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 2499 proposed by Mr. 
McConnell to the bill S. 178, to condemn gross human rights violations 
of ethnic Turkic Muslims in Xinjiang, and calling for an end to 
arbitrary detention, torture, and harassment of these communities 
inside and outside China; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. ____. NUCLEAR REGULATORY COMMISSION FEE WAIVER.

       (a) In General.--Notwithstanding the second and fourth 
     provisos under the heading ``salaries and expenses'' under 
     the heading ``Nuclear Regulatory Commission'' in title IV of 
     division C of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94; 133 Stat. 2682), the first and 
     second provisos under the heading ``office of inspector 
     general'' under the heading ``Nuclear Regulatory Commission'' 
     in that title (133 Stat. 2683), and section 6101 of the 
     Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 2214), 
     the total amount of revenues received by the Nuclear 
     Regulatory Commission from licensing fees, inspection 
     services, or other services and collections during fiscal 
     year 2020 shall not exceed the total amount of those revenues 
     received by the Nuclear Regulatory Commission prior to March 
     31, 2020.
       (b) Emergency Requirement Designation.--

[[Page S5334]]

       (1) In general.--Of the amounts appropriated for the 
     Nuclear Regulatory Commission for fiscal year 2020 in the 
     Further Consolidated Appropriations Act, 2020 (Public Law 
     116-94; 133 Stat. 2534), the amount described in paragraph 
     (2) is designated by Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)(i)).
       (2) Amount described.--The amount referred to in paragraph 
     (1) is the difference between--
       (A) $728,054,000; and
       (B) the total amount of revenues described in subsection 
     (a) received by the Nuclear Regulatory Commission prior to 
     March 31, 2020.
       (c) Additional Appropriations.--
       (1) In general.--There is appropriated, out of amounts in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2021--
       (A) for an additional amount under the heading ``Nuclear 
     Regulatory Commission--Salaries and Expenses'', $729,000,000, 
     to become available on October 1, 2020, and to remain 
     available until expended; and
       (B) for an additional amount under the heading ``Nuclear 
     Regulatory Commission--Office of Inspector General'', 
     $11,000,000, to become available on October 1, 2020, and to 
     remain available until September 30, 2022.
       (2) Limitation.--The Nuclear Regulatory Commission shall 
     not collect fees during fiscal year 2021 for licensing, 
     inspection services, or other services and collections.
       (3) Emergency designation.-- The amounts made available 
     under paragraph (1) are designated by Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 2640. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 178, to condemn gross human rights violations of 
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary 
detention, torture, and harassment of these communities inside and 
outside China; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EMERGENCY SUPPORT AND COVID-19 PROTECTIONS FOR 
                   NURSING HOMES.

       (a) Establishing COVID-19 Strike Teams for Nursing 
     Facilities.--
       (1) In general.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (2) Mission and composition of strike teams.--
       (A) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (B) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (i) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (ii) the mission of the team;
       (iii) the authority of the individual to perform the team 
     mission;
       (iv) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (v) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (vi) the required security background checks that the 
     individual has passed.
       (C) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (D) Team and member authority.--A team and team member may 
     not use the letter of authorization described in subparagraph 
     (B) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (E) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this subsection and any other procedures deemed necessary for 
     the team's operation.
       (F) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this subsection 
     shall supplement and not supplant response efforts carried 
     out by a State strike team or a technical assistance team 
     established by the Secretary during the COVID-19 public 
     health emergency period.
       (b) Promoting COVID-19 Testing and Infection Control in 
     Nursing Facilities.--
       (1) Nursing home protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council 
     established under section 2021 of the Social Security Act (42 
     U.S.C. 1397k), is authorized during the COVID-19 public 
     health emergency period to enhance efforts by participating 
     providers to respond to COVID-19, including through--
       (A) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of paragraph (2);
       (B) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (C) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and representatives and family members of residents; 
     and
       (D) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (2) Training on best practices in infection control and 
     prevention.--
       (A) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (B) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (C) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (D) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.
       (c) Promoting Transparency in COVID-19 Reporting by Nursing 
     Facilities and Long-term Care Facilities.--
       (1) Collection and reporting of staffing data by nursing 
     facilities during covid-19 emergency period.--The Secretary 
     shall develop a plan for ensuring that participating 
     providers resume compliance with the requirement, under 
     section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-
     7j(g)), to electronically submit direct care staffing 
     information based on payroll and other auditable data 
     (including measures to ensure that the submitted data 
     includes direct care staffing information for the entire 
     duration of the COVID-19 emergency period).
       (2) Collection and reporting of data related to covid-19 by 
     nursing facilities during covid-19 emergency period.--The 
     Secretary shall ensure that participating providers and long-
     term care facilities report all suspected and confirmed cases 
     of COVID-19 among personnel and residents of the provider or 
     facility, all COVID-19-related fatalities among personnel and 
     residents of the provider or facility, and all fatalities 
     among personnel and residents of the provider or facility, 
     whether related to COVID-19 or unrelated to COVID-19, for the 
     period beginning on January 1, 2020, to the Secretary.
       (3) Reporting of nursing facility data related to covid-19 
     by the secretary.--Not later than 10 days after the date of 
     enactment of this Act, and at least weekly thereafter during 
     the COVID-19 public health emergency period, the Secretary 
     shall provide the Governor of each State with a list of all 
     participating providers in the State with respect to which 
     the reported cases of COVID-19 in visitors to, personnel of, 
     and residents of, such providers increased during the 
     previous week (or, in the case of the first such list, during 
     the 10-day period beginning on the date of enactment of this 
     Act).
       (4) Confidentiality.--Any information reported under this 
     subsection that is made available to the public shall be made 
     so available in a manner that protects the identity of 
     residents of participating providers and long-term care 
     facilities.
       (d) Extending Elder Justice Act Protections During the 
     COVID-19 Emergency Period.--
       (1) Long-term care ombudsman program grants and training.--
     Section 2043 of the Social Security Act (42 U.S.C. 1397m-2) 
     is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A), by inserting ``(including during 
     the emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2)(D))'' before the semicolon; and
       (ii) in paragraph (2)--
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:

[[Page S5335]]

       ``(D) for the emergency period described in section 
     1135(g)(1)(B), $12,000,000.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``(including during the 
     emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2))'' before the period; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, and for the emergency period described in 
     section 1135(g)(1)(B), $12,000,000''.
       (2) Elder justice coordinating council.--
       (A) Membership.--Section 2021(b)(1) of the Social Security 
     Act (42 U.S.C. 1397k(b)(1)) is amended--
       (i) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (ii) by inserting after subparagraph (B), the following:
       ``(C) The Administrator of the Federal Emergency Management 
     Agency.''.
       (B) Duties.--Section 2021(f)(1) of such Act (42 U.S.C. 
     1397k(f)(1)) is amended by inserting ``the Federal Emergency 
     Management Agency,'' after ``Justice,''.
       (3) Adult protective services functions and grant 
     programs.--Section 2042 of the Social Security Act (42 U.S.C. 
     1397m-1) is amended--
       (A) in subsection (a)(2), by inserting ``, and $5,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014'';
       (B) in subsection (b)(5), by inserting ``, and $150,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''; and
       (C) in subsection (c)(6), by inserting ``, and $30,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''.
       (4) Technical amendment.--Section 2011(12)(A) of the Social 
     Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking 
     ``450b'' and inserting ``5304''.
       (e) Addressing Racial and Ethnic Coronavirus Disparities in 
     Long-term Care Facilities.--
       (1) Task force.--The Secretary shall establish a task 
     force, to be known as the ``Racial and Ethnic Coronavirus 
     Disparities in Long-Term Care Facilities Task Force'' 
     (referred to in this section as the ``task force''), to 
     gather data and information on racial and ethnic disparities 
     in long-term care facilities, during the public health 
     emergency, and to provide recommendations to Federal, State, 
     local, and Tribal policymakers on ways to eliminate health 
     disparities and to improve the health of racial and ethnic 
     minority populations residing in long-term care facilities.
       (2) Membership.--The task force shall be composed of the 
     Surgeon General, other Federal, State, and local government 
     officials, and individuals appointed by the Surgeon General 
     with firsthand knowledge of, or expertise relating to, 
     disparities in access to quality care for residents of long-
     term care facilities who are members of racial or ethnic 
     minority groups. In appointing such individuals, the Surgeon 
     General, in consultation with the Director of the U.S. 
     Department of Health and Human Services Office of Minority 
     Health, shall ensure the individuals appointed provide ample 
     representation with respect to the demographics of residents 
     and caregivers of all long-term care facilities, during the 
     COVID-19 public health emergency period particularly with 
     respect to residents and caregivers of such facilities who 
     are members of racial or ethnic minority groups, communities 
     of color, and communities with preexisting health challenges 
     or difficulties in accessing care.
       (3) Administration.--
       (A) Chairperson and vice chairperson.--The Surgeon General 
     shall serve as the chairperson of the task force. The 
     Director of the Department's Office of Minority Health shall 
     serve as the vice chairperson.
       (B) Staff.--The task force shall have at least 2 full-time 
     staff members, with diverse and relevant experience, 
     including, but not limited to academic, community, 
     governmental, or vocational work. The staff members, in 
     coordination with the Chairperson and Vice Chairperson shall 
     appoint at least two representatives from the aging community 
     to serve on the task force in addition to at least four 
     representatives providing ample representation with respect 
     to the demographics of residents and caregivers of all long-
     term care facilities, particularly with respect to members of 
     racial or ethnic minority groups and communities of color, 
     and communities with preexisting health challenges or 
     difficulties in accessing care.
       (C) Meetings.--The task force shall convene at least 
     monthly, with the first meeting to occur within 60 days after 
     the enactment of this Act.
       (4) Reporting and recommendations.--
       (A) Monthly reports.--Not later than 45 days after the 1st 
     meeting of the task force, and monthly thereafter, the task 
     force shall submit to Congress, the Centers for Medicare and 
     Medicaid, and the Centers for Disease Control and Prevention 
     a report that includes--
       (i) recommended methodologies for improving Federal data 
     collection, including transparent publication of such data 
     and information on resident outcomes in long-term care 
     facilities with disproportionately high rates of admission of 
     individuals who are members of racial or ethnic minority 
     groups;
       (ii) the identification of long-term care facilities 
     evidencing racial or ethnic disparities in COVID-19 cases and 
     fatalities, psychotropic drug usage, infection prevention and 
     control deficiencies, hospitalization rates, infectious 
     disease rates, injury rates, abuse rates, neglect rates, 
     fatality rates, and any additional areas, as determined by 
     the task force based on available public health data (or, if 
     no such data are available, on the basis of such other 
     publicly available data or information as the task force may 
     determine);
       (iii) the identification of factors, including Federal and 
     State policies, that have contributed to health disparities 
     in resident outcomes in long-term care facilities, and 
     actions Congress (and if appropriate, other entities) can 
     take to address these factors; and
       (iv) recommendations for best practices to eliminate health 
     disparities and to improve the health of racial and ethnic 
     minority populations in long-term care facilities, especially 
     such facilities evidencing racial or ethnic disparities in 
     COVID-19 cases and fatalities, psychotropic drug usage, 
     infection prevention and control deficiencies, 
     hospitalization rates, infectious disease rates, injury 
     rates, abuse and neglect rates, fatality rates, or any 
     additional areas determined by the task force.
       (B) Consultation with indian tribes.--In submitting reports 
     and recommendations under this subsection, the task force 
     shall consult with Indian Tribes and Tribal organizations.
       (C) Sunset.--The task force shall terminate on December 31, 
     2022.
       (f) Achieving Savings in Health Care Programs by Reducing 
     Improper Prescribing of Controlled Substances.--
       (1) In general.--Within 120 days of enactment of this Act 
     and annually thereafter, the Secretary shall report all 
     Medicare revocation actions or preclusion list placements to 
     the Drug Enforcement Administration that are based totally or 
     in part on the improper prescribing, administering, or 
     dispensing of controlled substances.
       (2) Definitions.--The terms used in this subsection shall 
     have the meaning given such terms in section 102 of the 
     Controlled Substances Act (42 U.S.C. 802). For purposes of 
     paragraph (1), the ``improper prescribing, administering, or 
     dispensing of controlled substances'' includes doing so in 
     any of the following respects:
       (A) In excessive quantities.
       (B) For other than a legitimate medical purpose or outside 
     the usual course of professional practice.
       (C) Beyond the scope of the practitioner's DEA 
     registration.
       (D) In any other manner not permitted by the Controlled 
     Substances Act (21 U.S.C. 801 et. seq.).
       (3) Access to evidence.--When making the reports required 
     under paragraph (1), the Secretary shall provide the Drug 
     Enforcement Administration with any relevant records or other 
     evidence that Drug Enforcement Administration requests for 
     purposes of carrying out its functions under the Controlled 
     Substances Act. The Drug Enforcement Administration may use 
     any such information or other evidence provided by the 
     Secretary for the purposes of any criminal, civil, or 
     administrative proceeding arising out the Controlled 
     Substances Act.
       (g) Funding.--
       (1) CARES act.---The Secretary may use amounts appropriated 
     for COVID-19 response and related activities pursuant to the 
     CARES Act (Public Law 116-136) and subsequently enacted 
     legislation to carry out this section and the amendments made 
     by this section.
       (2) Prevention and public health fund.--The Secretary may 
     use amounts in the Prevention and Public Health Fund, 
     established under section 4002 of the Patient Protection and 
     Affordable Care Act of 2010, to carry out this section and 
     the amendments made by this section, including by providing 
     financial assistance to participating providers as 
     appropriate for implementation of the requirements of this 
     section and the amendments made by this section.
       (h) Definitions.--In this section:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (4) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (5) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).

[[Page S5336]]

       (8) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
                                 ______
                                 
  SA 2641. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to 
condemn gross human rights violations of ethnic Turkic Muslims in 
Xinjiang, and calling for an end to arbitrary detention, torture, and 
harassment of these communities inside and outside China; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. EMERGENCY SUPPORT AND COVID-19 PROTECTIONS FOR 
                   NURSING HOMES.

       (a) Establishing COVID-19 Strike Teams for Nursing 
     Facilities.--
       (1) In general.--The Secretary is authorized to establish 
     and support the operation of strike teams comprised of 
     individuals with relevant skills, qualifications, and 
     experience to respond to COVID-19-related crises in 
     participating providers during the COVID-19 public health 
     emergency period, based on data reported by such providers to 
     the Centers for Disease Control and Prevention.
       (2) Mission and composition of strike teams.--
       (A) In general.--Strike teams established by the Secretary 
     may include assessment, testing, and clinical teams, and a 
     mission for each such team may include performing medical 
     examinations, conducting COVID-19 testing, and assisting 
     participating providers with the implementation of infection 
     control practices (such as quarantine, isolation, or 
     disinfection procedures).
       (B) Letter of authorization.--Strike teams and members of 
     such teams shall be subject to the Secretary's oversight and 
     direction and the Secretary may issue a letter of 
     authorization to team members describing--
       (i) the individual's designation to serve on 1 or more 
     teams under an emergency proclamation by the Secretary;
       (ii) the mission of the team;
       (iii) the authority of the individual to perform the team 
     mission;
       (iv) the individual's authority to access places, persons, 
     and materials necessary for the team member's performance of 
     the team's mission;
       (v) the requirement that team members maintain the 
     confidentiality of patient information shared with such 
     individuals by a participating provider; and
       (vi) the required security background checks that the 
     individual has passed.
       (C) Secretarial oversight.--The Secretary may, at any time, 
     disband any strike team and rescind the letter of 
     authorization for any team member.
       (D) Team and member authority.--A team and team member may 
     not use the letter of authorization described in subparagraph 
     (B) for any purpose except in connection with the team's 
     mission of acting in good faith to promote resident and 
     employee safety in participating providers in which COVID-19 
     is confirmed to be present.
       (E) Administration.--The Secretary, in consultation with 
     the Director of the Centers for Disease Control and 
     Prevention, may establish protocols and procedures for 
     requesting the assistance of a strike team established under 
     this subsection and any other procedures deemed necessary for 
     the team's operation.
       (F) Supplementation of other response efforts.--Strike 
     teams established by the Secretary under this subsection 
     shall supplement and not supplant response efforts carried 
     out by a State strike team or a technical assistance team 
     established by the Secretary during the COVID-19 public 
     health emergency period.
       (b) Promoting COVID-19 Testing and Infection Control in 
     Nursing Facilities.--
       (1) Nursing home protections.--The Secretary, in 
     consultation with the Elder Justice Coordinating Council 
     established under section 2021 of the Social Security Act (42 
     U.S.C. 1397k), is authorized during the COVID-19 public 
     health emergency period to enhance efforts by participating 
     providers to respond to COVID-19, including through--
       (A) development of online training courses for personnel of 
     participating providers, survey agencies, the long-term care 
     ombudsman of each State, and other individuals to facilitate 
     the implementation of paragraph (2);
       (B) enhanced diagnostic testing of visitors to, personnel 
     of, and residents of, participating providers in which 
     measures of COVID-19 in the community support more frequent 
     testing for COVID-19;
       (C) development of training materials for personnel of 
     participating providers, the long-term care ombudsman of each 
     State, and representatives and family members of residents; 
     and
       (D) providing support to participating providers in areas 
     deemed by the Secretary to require additional assistance due 
     to the presence COVID-19 infections.
       (2) Training on best practices in infection control and 
     prevention.--
       (A) In general.--The Secretary shall develop training 
     courses on infection control and prevention, including 
     cohorting, strategies and use of telehealth to mitigate the 
     transmission of COVID-19 in participating providers during 
     the COVID-19 public health emergency period.
       (B) Development.--To the extent practicable, the training 
     programs developed by the Secretary under this subsection 
     shall use best practices in infection control and prevention.
       (C) Coordination with other federal entities.--The 
     Secretary shall seek input as appropriate on the training 
     courses developed under this subsection from the Elder 
     Justice Coordinating Council and the Director of the Centers 
     for Disease Control and Prevention.
       (D) Interactive website.--The Secretary is authorized to 
     create an interactive website to disseminate training 
     materials and related information in the areas of infection 
     control and prevention, for purposes of carrying out this 
     subsection during the COVID-19 public health emergency 
     period.
       (c) Promoting Transparency in COVID-19 Reporting by Nursing 
     Facilities and Long-term Care Facilities.--
       (1) Collection and reporting of staffing data by nursing 
     facilities during covid-19 emergency period.--The Secretary 
     shall develop a plan for ensuring that participating 
     providers resume compliance with the requirement, under 
     section 1128I(g) of the Social Security Act (42 U.S.C. 1320a-
     7j(g)), to electronically submit direct care staffing 
     information based on payroll and other auditable data 
     (including measures to ensure that the submitted data 
     includes direct care staffing information for the entire 
     duration of the COVID-19 emergency period).
       (2) Collection and reporting of data related to covid-19 by 
     nursing facilities during covid-19 emergency period.--The 
     Secretary shall ensure that participating providers and long-
     term care facilities report all suspected and confirmed cases 
     of COVID-19 among personnel and residents of the provider or 
     facility, all COVID-19-related fatalities among personnel and 
     residents of the provider or facility, and all fatalities 
     among personnel and residents of the provider or facility, 
     whether related to COVID-19 or unrelated to COVID-19, for the 
     period beginning on January 1, 2020, to the Secretary.
       (3) Reporting of nursing facility data related to covid-19 
     by the secretary.--Not later than 10 days after the date of 
     enactment of this Act, and at least weekly thereafter during 
     the COVID-19 public health emergency period, the Secretary 
     shall provide the Governor of each State with a list of all 
     participating providers in the State with respect to which 
     the reported cases of COVID-19 in visitors to, personnel of, 
     and residents of, such providers increased during the 
     previous week (or, in the case of the first such list, during 
     the 10-day period beginning on the date of enactment of this 
     Act).
       (4) Confidentiality.--Any information reported under this 
     subsection that is made available to the public shall be made 
     so available in a manner that protects the identity of 
     residents of participating providers and long-term care 
     facilities.
       (d) Extending Elder Justice Act Protections During the 
     COVID-19 Emergency Period.--
       (1) Long-term care ombudsman program grants and training.--
     Section 2043 of the Social Security Act (42 U.S.C. 1397m-2) 
     is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)(A), by inserting ``(including during 
     the emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2)(D))'' before the semicolon; and
       (ii) in paragraph (2)--
       (iii) in subparagraph (B), by striking ``and'' after the 
     semicolon;
       (iv) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (v) by adding at the end the following:
       ``(D) for the emergency period described in section 
     1135(g)(1)(B), $12,000,000.'';
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``(including during the 
     emergency period described in section 1135(g)(1)(B), from 
     amounts made available with respect to such period in 
     accordance with paragraph (2))'' before the period; and
       (ii) in paragraph (2), by inserting before the period the 
     following: ``, and for the emergency period described in 
     section 1135(g)(1)(B), $12,000,000''.
       (2) Elder justice coordinating council.--
       (A) Membership.--Section 2021(b)(1) of the Social Security 
     Act (42 U.S.C. 1397k(b)(1)) is amended--
       (i) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (ii) by inserting after subparagraph (B), the following:
       ``(C) The Administrator of the Federal Emergency Management 
     Agency.''.
       (B) Duties.--Section 2021(f)(1) of such Act (42 U.S.C. 
     1397k(f)(1)) is amended by inserting ``the Federal Emergency 
     Management Agency,'' after ``Justice,''.
       (3) Adult protective services functions and grant 
     programs.--Section 2042 of the Social Security Act (42 U.S.C. 
     1397m-1) is amended--
       (A) in subsection (a)(2), by inserting ``, and $5,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014'';
       (B) in subsection (b)(5), by inserting ``, and $150,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''; and
       (C) in subsection (c)(6), by inserting ``, and $30,000,000 
     for the emergency period described in section 1135(g)(1)(B)'' 
     after ``2014''.

[[Page S5337]]

       (4) Technical amendment.--Section 2011(12)(A) of the Social 
     Security Act (42 U.S.C. 1397j(12)(A)) is amended by striking 
     ``450b'' and inserting ``5304''.
       (e) Addressing Racial and Ethnic Coronavirus Disparities in 
     Long-term Care Facilities.--
       (1) Task force.--The Secretary shall establish a task 
     force, to be known as the ``Racial and Ethnic Coronavirus 
     Disparities in Long-Term Care Facilities Task Force'' 
     (referred to in this section as the ``task force''), to 
     gather data and information on racial and ethnic disparities 
     in long-term care facilities, during the public health 
     emergency, and to provide recommendations to Federal, State, 
     local, and Tribal policymakers on ways to eliminate health 
     disparities and to improve the health of racial and ethnic 
     minority populations residing in long-term care facilities.
       (2) Membership.--The task force shall be composed of the 
     Surgeon General, other Federal, State, and local government 
     officials, and individuals appointed by the Surgeon General 
     with firsthand knowledge of, or expertise relating to, 
     disparities in access to quality care for residents of long-
     term care facilities who are members of racial or ethnic 
     minority groups. In appointing such individuals, the Surgeon 
     General, in consultation with the Director of the U.S. 
     Department of Health and Human Services Office of Minority 
     Health, shall ensure the individuals appointed provide ample 
     representation with respect to the demographics of residents 
     and caregivers of all long-term care facilities, during the 
     COVID-19 public health emergency period particularly with 
     respect to residents and caregivers of such facilities who 
     are members of racial or ethnic minority groups, communities 
     of color, and communities with preexisting health challenges 
     or difficulties in accessing care.
       (3) Administration.--
       (A) Chairperson and vice chairperson.--The Surgeon General 
     shall serve as the chairperson of the task force. The 
     Director of the Department's Office of Minority Health shall 
     serve as the vice chairperson.
       (B) Staff.--The task force shall have at least 2 full-time 
     staff members, with diverse and relevant experience, 
     including, but not limited to academic, community, 
     governmental, or vocational work. The staff members, in 
     coordination with the Chairperson and Vice Chairperson shall 
     appoint at least two representatives from the aging community 
     to serve on the task force in addition to at least four 
     representatives providing ample representation with respect 
     to the demographics of residents and caregivers of all long-
     term care facilities, particularly with respect to members of 
     racial or ethnic minority groups and communities of color, 
     and communities with preexisting health challenges or 
     difficulties in accessing care.
       (C) Meetings.--The task force shall convene at least 
     monthly, with the first meeting to occur within 60 days after 
     the enactment of this Act.
       (4) Reporting and recommendations.--
       (A) Monthly reports.--Not later than 45 days after the 1st 
     meeting of the task force, and monthly thereafter, the task 
     force shall submit to Congress, the Centers for Medicare and 
     Medicaid, and the Centers for Disease Control and Prevention 
     a report that includes--
       (i) recommended methodologies for improving Federal data 
     collection, including transparent publication of such data 
     and information on resident outcomes in long-term care 
     facilities with disproportionately high rates of admission of 
     individuals who are members of racial or ethnic minority 
     groups;
       (ii) the identification of long-term care facilities 
     evidencing racial or ethnic disparities in COVID-19 cases and 
     fatalities, psychotropic drug usage, infection prevention and 
     control deficiencies, hospitalization rates, infectious 
     disease rates, injury rates, abuse rates, neglect rates, 
     fatality rates, and any additional areas, as determined by 
     the task force based on available public health data (or, if 
     no such data are available, on the basis of such other 
     publicly available data or information as the task force may 
     determine);
       (iii) the identification of factors, including Federal and 
     State policies, that have contributed to health disparities 
     in resident outcomes in long-term care facilities, and 
     actions Congress (and if appropriate, other entities) can 
     take to address these factors; and
       (iv) recommendations for best practices to eliminate health 
     disparities and to improve the health of racial and ethnic 
     minority populations in long-term care facilities, especially 
     such facilities evidencing racial or ethnic disparities in 
     COVID-19 cases and fatalities, psychotropic drug usage, 
     infection prevention and control deficiencies, 
     hospitalization rates, infectious disease rates, injury 
     rates, abuse and neglect rates, fatality rates, or any 
     additional areas determined by the task force.
       (B) Consultation with indian tribes.--In submitting reports 
     and recommendations under this subsection, the task force 
     shall consult with Indian Tribes and Tribal organizations.
       (C) Sunset.--The task force shall terminate on December 31, 
     2022.
       (f) Achieving Savings in Health Care Programs by Reducing 
     Improper Prescribing of Controlled Substances.--
       (1) In general.--Within 120 days of enactment of this Act 
     and annually thereafter, the Secretary shall report all 
     Medicare revocation actions or preclusion list placements to 
     the Drug Enforcement Administration that are based totally or 
     in part on the improper prescribing, administering, or 
     dispensing of controlled substances.
       (2) Definitions.--The terms used in this subsection shall 
     have the meaning given such terms in section 102 of the 
     Controlled Substances Act (42 U.S.C. 802). For purposes of 
     paragraph (1), the ``improper prescribing, administering, or 
     dispensing of controlled substances'' includes doing so in 
     any of the following respects:
       (A) In excessive quantities.
       (B) For other than a legitimate medical purpose or outside 
     the usual course of professional practice.
       (C) Beyond the scope of the practitioner's DEA 
     registration.
       (D) In any other manner not permitted by the Controlled 
     Substances Act (21 U.S.C. 801 et. seq.).
       (3) Access to evidence.--When making the reports required 
     under paragraph (1), the Secretary shall provide the Drug 
     Enforcement Administration with any relevant records or other 
     evidence that Drug Enforcement Administration requests for 
     purposes of carrying out its functions under the Controlled 
     Substances Act. The Drug Enforcement Administration may use 
     any such information or other evidence provided by the 
     Secretary for the purposes of any criminal, civil, or 
     administrative proceeding arising out the Controlled 
     Substances Act.
       (g) Funding.--
       (1) CARES act.---The Secretary may use amounts appropriated 
     for COVID-19 response and related activities pursuant to the 
     CARES Act (Public Law 116-136) and subsequently enacted 
     legislation to carry out this section and the amendments made 
     by this section.
       (2) Prevention and public health fund.--The Secretary may 
     use amounts in the Prevention and Public Health Fund, 
     established under section 4002 of the Patient Protection and 
     Affordable Care Act of 2010, to carry out this section and 
     the amendments made by this section, including by providing 
     financial assistance to participating providers as 
     appropriate for implementation of the requirements of this 
     section and the amendments made by this section.
       (h) Definitions.--In this section:
       (1) COVID-19.--The term ``COVID-19'' means the 2019 Novel 
     Coronavirus or 2019-nCoV.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on the first day of the emergency period defined in 
     paragraph (1)(B) of section 1135(g) of the Social Security 
     Act (42 U.S.C. 1320b-5(g)) and ending on the last day of the 
     calendar quarter in which the last day of such emergency 
     period occurs.
       (3) Long-term care facility.--The term ``long-term care 
     facility'' has the meaning given that term in section 
     2011(15) of the Social Security Act (42 U.S.C. 1397j(15)).
       (4) Nursing facility.--The term ``nursing facility'' has 
     the meaning given that term in section 1919(a) of the Social 
     Security Act (42 U.S.C. 1396r(a)).
       (5) Participating provider.--The term ``participating 
     provider'' means a skilled nursing facility or a nursing 
     facility that has been assigned a national provider 
     identifier number by the Secretary and has executed an 
     agreement to participate in the Medicare program established 
     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.) or the Medicaid program established under title XIX 
     of such Act (42 U.S.C. 1396 et seq.).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) Skilled nursing facility.--The term ``skilled nursing 
     facility'' has the meaning given that term in section 1819(a) 
     of the Social Security Act (42 U.S.C. 1395i-3(a)).
       (8) State.--Except as otherwise provided, the term 
     ``State'' has the meaning given such term for purposes of 
     title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.).
                                 ______
                                 
  SA 2642. Mr. McCONNELL (for Mr. Wicker) proposed an amendment to the 
bill S. 2299, to amend title 49, United States Code, to enhance the 
safety and reliability of pipeline transportation, and for other 
purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     our Infrastructure of Pipelines and Enhancing Safety Act of 
     2020'' or the ``PIPES Act of 2020''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and 
              approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Liquefied natural gas facility project reviews.
Sec. 111. Updates to standards for liquefied natural gas facilities.

[[Page S5338]]

Sec. 112. National Center of Excellence for Liquefied Natural Gas 
              Safety and Training.
Sec. 113. Prioritization of rulemaking.
Sec. 114. Leak detection and repair.
Sec. 115. Inspection and maintenance plans.
Sec. 116. Consideration of pipeline class location changes.
Sec. 117. Protection of employees providing pipeline safety 
              information.
Sec. 118. Transportation Technology Center.
Sec. 119. Interstate drug and alcohol oversight.
Sec. 120. Savings clause.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     Pipeline and Hazardous Materials Safety Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--Section 60125 of title 49, 
     United States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) Gas and Hazardous Liquid.--
       ``(1) In general.--From fees collected under section 60301, 
     there are authorized to be appropriated to the Secretary to 
     carry out section 12 of the Pipeline Safety Improvement Act 
     of 2002 (49 U.S.C. 60101 note; Public Law 107-355) and the 
     provisions of this chapter relating to gas and hazardous 
     liquid--
       ``(A) $147,000,000 for fiscal year 2020, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $60,000,000 shall be used for making grants;
       ``(B) $151,000,000 for fiscal year 2021, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $63,000,000 shall be used for making grants;
       ``(C) $155,000,000 for fiscal year 2022, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $66,000,000 shall be used for making grants; and
       ``(D) $159,000,000 for fiscal year 2023, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $69,000,000 shall be used for making grants.
       ``(2) Trust fund amounts.--In addition to the amounts 
     authorized to be appropriated under paragraph (1), there are 
     authorized to be appropriated from the Oil Spill Liability 
     Trust Fund established by section 9509(a) of the Internal 
     Revenue Code of 1986 to carry out section 12 of the Pipeline 
     Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
     Law 107-355) and the provisions of this chapter relating to 
     hazardous liquid--
       ``(A) $25,000,000 for fiscal year 2020, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $10,000,000 shall be used for making grants;
       ``(B) $26,000,000 for fiscal year 2021, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $11,000,000 shall be used for making grants;
       ``(C) $27,000,000 for fiscal year 2022, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $12,000,000 shall be used for making grants; and
       ``(D) $28,000,000 for fiscal year 2023, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $13,000,000 shall be used for making grants.
       ``(3) Underground natural gas storage facility safety 
     account.--From fees collected under section 60302, there is 
     authorized to be appropriated to the Secretary to carry out 
     section 60141 $8,000,000 for each of fiscal years 2020 
     through 2023.''.
       (b) Operational Expenses.--Section 2(b) of the PIPES Act of 
     2016 (Public Law 114-183; 130 Stat. 515) is amended by 
     striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) $24,000,000 for fiscal year 2020.
       ``(2) $25,000,000 for fiscal year 2021.
       ``(3) $26,000,000 for fiscal year 2022.
       ``(4) $27,000,000 for fiscal year 2023.''.
       (c) One-call Notification Programs.--Section 6107 of title 
     49, United States Code, is amended by striking ``$1,058,000 
     for each of fiscal years 2016 through 2019'' and inserting 
     ``$1,058,000 for each of fiscal years 2020 through 2023''.
       (d) Emergency Response Grants.--Section 60125(b)(2) of 
     title 49, United States Code, is amended by striking ``fiscal 
     years 2012 through 2015'' and inserting ``fiscal years 2020 
     through 2023''.
       (e) Pipeline Safety Information Grants to Communities.--
     Section 60130 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), in the first sentence, by 
     striking ``to local communities and groups of individuals 
     (not including for-profit entities)'' and inserting ``to 
     local communities, Indian Tribes, and groups of individuals 
     (not including for-profit entities)''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Funding.--
       ``(1) In general.--Out of amounts made available under 
     section 2(b) of the PIPES Act of 2016 (Public Law 114-183; 
     130 Stat. 515), the Secretary shall use $1,500,000 for each 
     of fiscal years 2020 through 2023 to carry out this section.
       ``(2) Limitation.--Any amounts used to carry out this 
     section shall not be derived from user fees collected under 
     section 60301.''.
       (f) Damage Prevention Programs.--Section 60134(i) of title 
     49, United States Code, is amended in the first sentence by 
     striking ``fiscal years 2012 through 2015'' and inserting 
     ``fiscal years 2020 through 2023''.
       (g) Pipeline Integrity Program.--Section 12(f) of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355) is amended by striking ``2016 
     through 2019'' and inserting ``2020 through 2023''.

     SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.

       (a) Inspector Training.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall--
       (1) review the inspector training programs provided at the 
     Inspector Training and Qualifications Division of the 
     Administration in Oklahoma City, Oklahoma; and
       (2) determine whether any of the programs referred to in 
     paragraph (1), or any portions of the programs, could be 
     provided online through teletraining or another type of 
     distance learning.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure, Energy and Commerce, and Science, Space, and 
     Technology of the House of Representatives and make publicly 
     available on a website of the Department of Transportation a 
     report containing a comprehensive workforce plan for the 
     Administration.
       (2) Contents.--The report under paragraph (1) shall 
     include--
       (A) a description of the current staffing at the 
     Administration;
       (B) an identification of the staff needed to achieve the 
     mission of the Administration over the next 10 years 
     following the date of the report;
       (C) an evaluation of whether the inspector training 
     programs referred to in subsection (a)(1) provide appropriate 
     exposure to pipeline operations and current pipeline safety 
     technology;
       (D) a summary of any gaps between the current workforce of 
     the Administration and the future human capital needs of the 
     Administration; and
       (E) a description of how the Administration--
       (i) uses the retention incentives defined by the Office of 
     Personnel Management; and
       (ii) plans to use those retention incentives as part of the 
     comprehensive workforce plan of the Administration.

     SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

       (a) Fees for Compliance Reviews of Liquefied Natural Gas 
     Facilities.--Chapter 603 of title 49, United States Code, is 
     amended by inserting after section 60302 the following:

     ``Sec. 60303. Fees for compliance reviews of liquefied 
       natural gas facilities

       ``(a) Imposition of Fee.--
       ``(1) In general.--The Secretary of Transportation 
     (referred to in this section as the `Secretary') shall impose 
     on a person who files with the Federal Energy Regulatory 
     Commission an application for a liquefied natural gas 
     facility that has design and construction costs totaling not 
     less than $2,500,000,000 a fee for the necessary expenses of 
     a review, if any, that the Secretary conducts, in connection 
     with that application, to determine compliance with subpart B 
     of part 193 of title 49, Code of Federal Regulations (or 
     successor regulations).
       ``(2) Relation to other review.--The Secretary may not 
     impose fees under paragraph (1) and section 60117(o) or 
     60301(b) for the same compliance review described in 
     paragraph (1).
       ``(b) Means of Collection.--

[[Page S5339]]

       ``(1) In general.--The Secretary shall prescribe procedures 
     to collect fees under this section.
       ``(2) Use of government entities.--The Secretary may--
       ``(A) use a department, agency, or instrumentality of the 
     Federal Government or of a State or local government to 
     collect fees under this section; and
       ``(B) reimburse that department, agency, or instrumentality 
     a reasonable amount for the services provided.
       ``(c) Account.--There is established an account, to be 
     known as the `Liquefied Natural Gas Siting Account', in the 
     Pipeline Safety Fund established in the Treasury of the 
     United States under section 60301.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     603 of title 49, United States Code, is amended by inserting 
     after the item relating to section 60302 the following:

``60303. Fees for compliance reviews of liquefied natural gas 
              facilities.''.

     SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND 
                   APPROACHES.

       (a) In General.--Chapter 601 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 60142. Pipeline safety enhancement programs

       ``(a) In General.--The Secretary may establish and carry 
     out limited safety-enhancing testing programs during the 
     period of fiscal years 2020 through 2026 to evaluate 
     innovative technologies and operational practices testing the 
     safe operation of--
       ``(1) a natural gas pipeline facility; or
       ``(2) a hazardous liquid pipeline facility.
       ``(b) Limitations.--
       ``(1) In general.--Such testing programs may not exceed--
       ``(A) 5 percent of the total miles of hazardous liquid 
     pipelines in the United States; and
       ``(B) 5 percent of the total miles of natural gas pipelines 
     in the United States.
       ``(2) High population areas.--Any program established under 
     subsection (a) shall not be located in a high population area 
     (as defined in section 195.450 of title 49, Code of Federal 
     Regulations).
       ``(c) Duration.--The term of a testing program established 
     under subsection (a) shall be not more than a period of 4 
     years beginning on the date of approval of the program.
       ``(d) Safety Standards.--
       ``(1) In general.--The Secretary shall require, as a 
     condition of approval of a testing program under subsection 
     (a), that the safety measures in the testing program are 
     designed to achieve a level of safety that is greater than, 
     or equivalent to, the level of safety required by this 
     chapter.
       ``(2) Determination.--
       ``(A) In general.--The Secretary may issue an order under 
     subparagraph (A) of section 60118(c)(1) to accomplish the 
     purpose of a testing program for a term not to exceed the 
     time period described in subsection (c) if the condition 
     described in paragraph (1) is met, as determined by the 
     Secretary.
       ``(B) Limitation.--An order under subparagraph (A) shall 
     pertain only to those regulations that would otherwise 
     prevent the use of the safety technology to be tested under 
     the testing program.
       ``(e) Considerations.--In establishing a testing program 
     under subsection (a), the Secretary shall consider--
       ``(1) whether the owners or operators participating in the 
     program have a safety management system in place; and
       ``(2) whether the proposed safety technology has been 
     tested through a research and development program carried out 
     by--
       ``(A) the Secretary;
       ``(B) collaborative research development organizations; or
       ``(C) other institutions.
       ``(f) Data and Findings.--As a participant in a testing 
     program established under subsection (a), an operator shall 
     submit to the Secretary detailed findings and a summary of 
     data collected as a result of participation in the testing 
     program.
       ``(g) Authority to Revoke Participation.--The Secretary 
     shall immediately revoke participation in a testing program 
     under subsection (a) if--
       ``(1) the participant fails to comply with the terms and 
     conditions of the testing program; or
       ``(2) in the determination of the Secretary, continued 
     participation in the testing program by the participant would 
     be unsafe or would not be consistent with the goals and 
     objectives of this chapter.
       ``(h) Authority to Terminate Program.--The Secretary shall 
     immediately terminate a testing program under subsection (a) 
     if continuation of the testing program would not be 
     consistent with the goals and objectives of this chapter.
       ``(i) State Rights.--
       ``(1) Exemption.--Except as provided in paragraph (2), if a 
     State submits to the Secretary notice that the State requests 
     an exemption from any testing program considered for 
     establishment under this section, the State shall be exempt.
       ``(2) Limitations.--
       ``(A) In general.--The Secretary shall not grant a 
     requested exemption under paragraph (1) after a testing 
     program is established.
       ``(B) Late notice.--The Secretary shall not grant a 
     requested exemption under paragraph (1) if the notice 
     submitted under that paragraph is submitted to the Secretary 
     more than 10 days after the date on which the Secretary 
     issues an order providing an effective date for the testing 
     program.
       ``(3) Effect.--If a State has not submitted a notice 
     requesting an exemption under paragraph (1), the State shall 
     not enforce any law (including regulations) that is 
     inconsistent with a testing program in effect in the State 
     under this section.
       ``(j) Program Review Process and Public Notice.--
       ``(1) In general.--The Secretary shall publish in the 
     Federal Register and send directly to each relevant State 
     authority with a certification in effect under section 60105 
     a notice of each testing program under subsection (a), 
     including the order to be considered, and provide an 
     opportunity for public comment for not less than 90 days.
       ``(2) Response from secretary.--Not later than the date on 
     which the Secretary issues an order providing an effective 
     date of a testing program noticed under paragraph (1), the 
     Secretary shall respond to each comment submitted under that 
     paragraph.
       ``(k) Report to Congress.--At the conclusion of each 
     testing program, the Secretary shall make publicly available 
     on the website of the Department of Transportation a report 
     containing--
       ``(1) the findings and conclusions of the Secretary with 
     respect to the testing program; and
       ``(2) any recommendations of the Secretary with respect to 
     the testing program, including any recommendations for 
     amendments to laws (including regulations) and the 
     establishment of standards, that--
       ``(A) would enhance the safe operation of interstate gas or 
     hazardous liquid pipeline facilities; and
       ``(B) are technically, operationally, and economically 
     feasible.
       ``(l) Standards.--If a report under subsection (k) 
     indicates that it is practicable to establish technically, 
     operationally, and economically feasible standards for the 
     use of a safety-enhancing technology and any corresponding 
     operational practices tested by the testing program described 
     in the report, the Secretary, as soon as practicable after 
     submission of the report, may promulgate regulations 
     consistent with chapter 5 of title 5 (commonly known as the 
     `Administrative Procedures Act') that--
       ``(1) allow operators of interstate gas or hazardous liquid 
     pipeline facilities to use the relevant technology or 
     practice to the extent practicable; and
       ``(2) establish technically, operationally, and 
     economically feasible standards for the capability and 
     deployment of the technology or practice.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     601 of title 49, United States Code, is amended by inserting 
     after the item relating to section 60141 the following:

``60142. Pipeline safety enhancement programs.''.

     SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committees 
     on Transportation and Infrastructure, Energy and Commerce, 
     and Science, Space, and Technology of the House of 
     Representatives a report relating to--
       (1) the research and development capabilities of the 
     Administration, in accordance with section 12 of the Pipeline 
     Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
     Law 107-355);
       (2)(A) the development of additional testing and research 
     capabilities through the establishment of an independent 
     pipeline safety testing facility under the Department of 
     Transportation;
       (B) whether an independent pipeline safety testing facility 
     would be critical to the work of the Administration;
       (C) the costs and benefits of developing an independent 
     pipeline safety testing facility under the Department of 
     Transportation; and
       (D) the costs and benefits of colocating an independent 
     pipeline safety testing facility at an existing training 
     center of the Administration; and
       (3) the ability of the Administration to use the testing 
     facilities of the Department of Transportation, other Federal 
     agencies, or federally funded research and development 
     centers.

     SEC. 106. REGULATORY UPDATES.

       (a) Definition of Outstanding Mandate.--In this section, 
     the term ``outstanding mandate'' means--
       (1) a final rule required to be issued under the Pipeline 
     Safety, Regulatory Certainty, and Job Creation Act of 2011 
     (Public Law 112-90; 125 Stat. 1904) that has not been 
     published in the Federal Register;
       (2) a final rule required to be issued under the PIPES Act 
     of 2016 (Public Law 114-183; 130 Stat. 514) that has not been 
     published in the Federal Register; and
       (3) any other final rule regarding gas or hazardous liquid 
     pipeline facilities required to be issued under this Act or 
     an Act enacted prior to the date of enactment of this Act 
     that has not been published in the Federal Register.
       (b) Requirements.--
       (1) Periodic updates.--Not later than 30 days after the 
     date of enactment of this Act, and every 30 days thereafter 
     until a final rule referred to in paragraphs (1) through (3) 
     of subsection (a) is published in the Federal Register, the 
     Secretary shall publish on a

[[Page S5340]]

     publicly available website of the Department of 
     Transportation an update regarding the status of each 
     outstanding mandate in accordance with subsection (c).
       (2) Notification of congress.--On publication of a final 
     rule in the Federal Register for an outstanding mandate, the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a notification in accordance 
     with subsection (c).
       (c) Contents.--An update published or a notification 
     submitted under paragraph (1) or (2) of subsection (b) shall 
     contain, as applicable--
       (1) with respect to information relating to the 
     Administration--
       (A) a description of the work plan for each outstanding 
     mandate;
       (B) an updated rulemaking timeline for each outstanding 
     mandate;
       (C) the staff allocations with respect to each outstanding 
     mandate;
       (D) any resource constraints affecting the rulemaking 
     process for each outstanding mandate;
       (E) any other details associated with the development of 
     each outstanding mandate that affect the progress of the 
     rulemaking process with respect to that outstanding mandate; 
     and
       (F) a description of all rulemakings regarding gas or 
     hazardous liquid pipeline facilities published in the Federal 
     Register that are not identified under subsection (b)(2); and
       (2) with respect to information relating to the Office of 
     the Secretary--
       (A) the date that the outstanding mandate was submitted to 
     the Office of the Secretary for review;
       (B) the reason that the outstanding mandate is under review 
     beyond 45 days;
       (C) the staff allocations within the Office of the 
     Secretary with respect to each the outstanding mandate;
       (D) any resource constraints affecting review of the 
     outstanding mandate;
       (E) an estimated timeline of when review of the outstanding 
     mandate will be complete, as of the date of the update;
       (F) if applicable, the date that the outstanding mandate 
     was returned to the Administration for revision and the 
     anticipated date for resubmission to the Office of the 
     Secretary;
       (G) the date that the outstanding mandate was submitted to 
     the Office of Management and Budget for review; and
       (H) a statement of whether the outstanding mandate remains 
     under review by the Office of Management and Budget.

     SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.

       Section 60122(b)(1) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following:
       ``(D) self-disclosure and correction of violations, or 
     actions to correct a violation, prior to discovery by the 
     Pipeline and Hazardous Materials Safety Administration; 
     and''.

     SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

       (a) In General.--Section 60117 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (b) through (o) as 
     subsections (c) through (p), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Enforcement and Regulatory Procedures.--
       ``(1) Request for formal hearing.--On request of a 
     respondent in an enforcement or regulatory proceeding under 
     this chapter, a hearing shall be held in accordance with 
     section 554 of title 5.
       ``(2) Administrative law judge.--A hearing under paragraph 
     (1) shall be conducted by an administrative law judge 
     appointed under section 3105 of title 5.
       ``(3) Open to the public.--
       ``(A) Hearings.--A hearing under paragraph (1) shall be--
       ``(i) noticed to the public--

       ``(I) on the website of the Pipeline and Hazardous 
     Materials Safety Administration; and
       ``(II) in the Federal Register; and

       ``(ii) open to the public.
       ``(B) Agreements, orders, and judgments.--A consent 
     agreement, consent order, order, or judgment resulting from a 
     hearing under paragraph (1) shall be made available to the 
     public on the website of the Pipeline and Hazardous Materials 
     Safety Administration.
       ``(4) Procedures.--In implementing enforcement and 
     regulatory procedures under this chapter, the Secretary 
     shall--
       ``(A) allow the use of a consent agreement and consent 
     order to resolve any matter of fact or law asserted;
       ``(B) allow the respondent and the agency to convene 1 or 
     more meetings--
       ``(i) for settlement or simplification of the issues; or
       ``(ii) to aid in the disposition of issues;
       ``(C) require that the case file in an enforcement 
     proceeding include all agency records pertinent to the 
     matters of fact and law asserted;
       ``(D) require that a recommended decision be made available 
     to the respondent when issued;
       ``(E) allow a respondent to reply to any post-hearing 
     submission;
       ``(F) allow a respondent to request--
       ``(i) that a hearing be held, and a recommended decision 
     and order issued, on an expedited basis; or
       ``(ii) that a hearing not commence for a period of not less 
     than 90 days;
       ``(G) require that the agency have the burden of proof, 
     presentation, and persuasion in any enforcement matter;
       ``(H) require that any recommended decision and order 
     contain findings of fact and conclusions of law;
       ``(I) require the Associate Administrator of the Office of 
     Pipeline Safety to file a post-hearing recommendation not 
     later than 30 days after the deadline for any post-hearing 
     submission of a respondent;
       ``(J) require an order on a petition for reconsideration to 
     be issued not later than 120 days after the date on which the 
     petition is filed; and
       ``(K) allow an operator to request that an issue of 
     controversy or uncertainty be addressed through a declaratory 
     order in accordance with section 554(e) of title 5, which 
     order shall be issued not later than 120 days after the date 
     on which a request is made.
       ``(5) Savings clause.--Nothing in this subsection alters 
     the procedures applicable to an emergency order under 
     subsection (p).''.
       (b) Conforming Amendments.--
       (1) Section 60109(g)(4) of title 49, United States Code, is 
     amended by striking ``section 60117(c)'' and inserting 
     ``section 60117(d)''.
       (2) Section 60117(p) of title 49, United States Code (as 
     redesignated by subsection (a)(1)), is amended, in paragraph 
     (3)(E), by striking ``60117(l)'' and inserting ``subsection 
     (m)''.
       (3) Section 60118(a)(3) of title 49, United States Code, is 
     amended by striking ``section 60117(a)-(d)'' and inserting 
     ``subsections (a) through (e) of section 60117''.

     SEC. 109. PIPELINE OPERATING STATUS.

       (a) In General.--Chapter 601 of title 49, United States 
     Code (as amended by section 104(a)), is amended by adding at 
     the end the following:

     ``Sec. 60143. Idled pipelines

       ``(a) Definition of Idled.--In this section, the term 
     `idled', with respect to a pipeline, means that the 
     pipeline--
       ``(1)(A) has ceased normal operations; and
       ``(B) will not resume service for a period of not less than 
     180 days;
       ``(2) has been isolated from all sources of hazardous 
     liquid, natural gas, or other gas; and
       ``(3)(A) has been purged of combustibles and hazardous 
     materials and maintains a blanket of inert, nonflammable gas 
     at low pressure; or
       ``(B) has not been purged as described in subparagraph (A), 
     but the volume of gas is so small that there is no potential 
     hazard.
       ``(b) Rulemaking.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the PIPES Act of 2020, the Secretary shall 
     promulgate regulations prescribing the applicability of the 
     pipeline safety requirements to idled natural or other gas 
     transmission and hazardous liquid pipelines.
       ``(2) Requirements.--
       ``(A) In general.--The applicability of the regulations 
     under paragraph (1) shall be based on the risk that idled 
     natural or other gas transmission and hazardous liquid 
     pipelines pose to the public, property, and the environment, 
     and shall include requirements to resume operation.
       ``(B) Inspection.--The Secretary or an appropriate State 
     agency shall inspect each idled pipeline and verify that the 
     pipeline has been purged of combustibles and hazardous 
     materials, if required under subsection (a).
       ``(C) Requirements for reinspection.--The Secretary shall 
     determine the requirements for periodic reinspection of idled 
     natural or other gas transmission and hazardous liquid 
     pipelines.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     601 of title 49, United States Code (as amended by section 
     104(b)), is amended by inserting after the item relating to 
     section 60142 the following:

``60143. Idled pipelines.''.

     SEC. 110. LIQUEFIED NATURAL GAS FACILITY PROJECT REVIEWS.

       Section 60103(a) of title 49, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) through (7) as 
     subparagraphs (A) through (G), respectively, and indenting 
     appropriately;
       (2) in the first sentence, by striking ``The Secretary of 
     Transportation'' and inserting the following:
       ``(1) In general.--The Secretary of Transportation'';
       (3) in the second sentence, by striking ``In prescribing a 
     standard'' and inserting the following:
       ``(2) Considerations.--In prescribing a standard under 
     paragraph (1)''; and
       (4) by adding at the end the following:
       ``(3) Use of location standards.--If a Federal or State 
     authority with jurisdiction over liquefied natural gas 
     pipeline facility permits or approvals is using the location 
     standards prescribed under paragraph (1) for purposes of 
     making a decision with respect to the location of a new 
     liquefied natural gas pipeline facility and submits to the 
     Secretary of Transportation a request to provide a 
     determination of whether the new liquefied natural gas 
     pipeline facility would meet the location standards, the 
     Secretary may provide such a determination to the requesting 
     Federal or State authority.
       ``(4) Effect.--Nothing in this subsection or subsection 
     (b)--
       ``(A) affects--

[[Page S5341]]

       ``(i) section 3 of the Natural Gas Act (15 U.S.C. 717b);
       ``(ii) the authority of the Federal Energy Regulatory 
     Commission to carry out that section; or
       ``(iii) any other similar authority of any other Federal or 
     State agency; or
       ``(B) requires the Secretary of Transportation to formally 
     approve any project proposal or otherwise perform any siting 
     functions.''.

     SEC. 111. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS 
                   FACILITIES.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall--
       (1) review the minimum operating and maintenance standards 
     prescribed under section 60103(d) of title 49, United States 
     Code; and
       (2) based on the review under paragraph (1), update the 
     standards described in that paragraph applicable to large-
     scale liquefied natural gas facilities (other than peak 
     shaving facilities) to provide for a risk-based regulatory 
     approach for such facilities, consistent with this section.
       (b) Scope.--In updating the minimum operating and 
     maintenance standards under subsection (a)(2), the Secretary 
     shall ensure that all regulations, guidance, and internal 
     documents are developed and applied in a manner consistent 
     with this section.
       (c) Requirements.--The updates to the operating and 
     maintenance standards required under subsection (a)(2) shall, 
     at a minimum, require operators--
       (1) to develop and maintain written safety information 
     identifying hazards associated with--
       (A) the processes of liquefied natural gas conversion, 
     storage, and transport;
       (B) equipment used in the processes; and
       (C) technology used in the processes;
       (2) to conduct a hazard assessment, including the 
     identification of potential sources of accidental releases;
       (3)(A) to consult with employees and representatives of 
     employees on the development and conduct of hazard 
     assessments under paragraph (2); and
       (B) to provide employees access to the records of the 
     hazard assessments and any other records required under the 
     updated standards;
       (4) to establish a system to respond to the findings of a 
     hazard assessment conducted under paragraph (2) that 
     addresses prevention, mitigation, and emergency responses;
       (5) to review, when a design change occurs, a hazard 
     assessment conducted under paragraph (2) and the response 
     system established under paragraph (4);
       (6) to develop and implement written operating procedures 
     for the processes of liquefied natural gas conversion, 
     storage, and transport;
       (7)(A) to provide written safety and operating information 
     to employees; and
       (B) to train employees in operating procedures with an 
     emphasis on addressing hazards and using safe practices;
       (8) to ensure contractors and contract employees are 
     provided appropriate information and training;
       (9) to train and educate employees and contractors in 
     emergency response;
       (10) to establish a quality assurance program to ensure 
     that equipment, maintenance materials, and spare parts 
     relating to the operations and maintenance of liquefied 
     natural gas facilities are fabricated and installed 
     consistent with design specifications;
       (11) to establish maintenance systems for critical process-
     related equipment, including written procedures, employee 
     training, appropriate inspections, and testing of that 
     equipment to ensure ongoing mechanical integrity;
       (12) to conduct pre-start-up safety reviews of all newly 
     installed or modified equipment;
       (13) to establish and implement written procedures to 
     manage change to processes of liquefied natural gas 
     conversion, storage, and transport, technology, equipment, 
     and facilities; and
       (14)(A) to investigate each incident that results in, or 
     could have resulted in--
       (i) loss of life;
       (ii) destruction of private property; or
       (iii) a major accident; and
       (B) to have operating personnel--
       (i) review any findings of an investigation under 
     subparagraph (A); and
       (ii) if appropriate, take responsive measures.

     SEC. 112. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL 
                   GAS SAFETY AND TRAINING.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the National Center 
     of Excellence for Liquefied Natural Gas Safety and Training 
     established under subsection (b).
       (2) LNG.--The term ``LNG'' means liquefied natural gas.
       (3) LNG sector stakeholder.--The term ``LNG sector 
     stakeholder'' means a representative of--
       (A) LNG facilities that represent the broad array of LNG 
     facilities operating in the United States;
       (B) States, Indian Tribes, and units of local government;
       (C) postsecondary education;
       (D) labor organizations;
       (E) safety organizations; or
       (F) Federal regulatory agencies of jurisdiction, which may 
     include--
       (i) the Administration;
       (ii) the Federal Energy Regulatory Commission;
       (iii) the Department of Energy;
       (iv) the Occupational Safety and Health Administration;
       (v) the Coast Guard; and
       (vi) the Maritime Administration.
       (b) Establishment.--Not later than 2 years after the date 
     of enactment of this Act, the Secretary, in consultation with 
     LNG sector stakeholders, shall establish a center, to be 
     known as the ``National Center of Excellence for Liquefied 
     Natural Gas Safety and Training''.
       (c) Functions.--The Center shall, for activities regulated 
     under section 60103 of title 49, United States Code--
       (1) promote, facilitate, and conduct--
       (A) education;
       (B) training; and
       (C) technological advancements;
       (2) be a repository of information on best practices 
     relating to, and expertise on, LNG operations;
       (3) foster collaboration among stakeholders; and
       (4) provide a curriculum for training that incorporates--
       (A) risk-based principles into the operation, management, 
     and regulatory oversight of LNG facilities;
       (B) the reliance on subject matter expertise within the LNG 
     industry;
       (C) the transfer of knowledge and expertise between the LNG 
     industry and regulatory agencies; and
       (D) training and workshops that occur at operational 
     facilities.
       (d) Location.--
       (1) In general.--The Center shall be located in close 
     proximity to critical LNG transportation infrastructure on, 
     and connecting to, the Gulf of Mexico, as determined by the 
     Secretary.
       (2) Considerations.--In determining the location of the 
     Center, the Secretary shall--
       (A) take into account the strategic value of locating 
     resources in close proximity to LNG facilities; and
       (B) locate the Center in the State with the largest LNG 
     production capacity, as determined by the total capacity (in 
     billion cubic feet per day) of LNG production authorized by 
     the Federal Energy Regulatory Commission under section 3 of 
     the Natural Gas Act (15 U.S.C. 717b) as of the date of 
     enactment of this Act.
       (e) Coordination With TQ Training Center.--In carrying out 
     the functions described in subsection (c), the Center shall 
     coordinate with the Training and Qualifications Training 
     Center of the Administration in Oklahoma City, Oklahoma, to 
     facilitate knowledge sharing among, and enhanced training 
     opportunities for, Federal and State pipeline safety 
     inspectors and investigators.
       (f) Joint Operation With Educational Institution.--The 
     Secretary may enter into an agreement with an appropriate 
     official of an institution of higher education--
       (1) to provide for joint operation of the Center; and
       (2) to provide necessary administrative services for the 
     Center.

     SEC. 113. PRIORITIZATION OF RULEMAKING.

       (a) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall ensure completion 
     of and publish in the Federal Register the outstanding 
     rulemaking entitled ``Pipeline Safety: Safety of Gas 
     Transmission and Gathering Pipelines'', published in the 
     Federal Register on April 8, 2016 (81 Fed. Reg. 20722; Docket 
     No. PHMSA-2011-0023), as that rulemaking relates to the 
     consideration of gathering pipelines.
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) review the extent to which geospatial and technical 
     data is collected by operators of gathering lines, including 
     design and material specifications;
       (2) analyze information collected by operators of gathering 
     lines when the mapping information described in paragraph (1) 
     is not available for a gathering line; and
       (3) assess any plans and timelines of operators of 
     gathering lines to develop the mapping information described 
     in paragraph (1) or otherwise collect information described 
     in paragraph (2).
       (c) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report on the review required 
     under subsection (b), including any recommendations that the 
     Comptroller General of the United States may have as a result 
     of the review.

     SEC. 114. LEAK DETECTION AND REPAIR.

       Section 60102 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(q) Gas Pipeline Leak Detection and Repair.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     final regulations that require operators of regulated 
     gathering lines (as defined pursuant to subsection (b) of 
     section 60101 for purposes of subsection (a)(21) of that 
     section) in a Class 2 location, Class 3 location, or Class 4 
     location, as determined under section 192.5 of title 49, Code 
     of Federal Regulations, operators of new and existing gas 
     transmission pipeline facilities, and operators of new and

[[Page S5342]]

     existing gas distribution pipeline facilities to conduct leak 
     detection and repair programs--
       ``(A) to meet the need for gas pipeline safety, as 
     determined by the Secretary; and
       ``(B) to protect the environment.
       ``(2) Leak detection and repair programs.--
       ``(A) Minimum performance standards.--The final regulations 
     promulgated under paragraph (1) shall include, for the leak 
     detection and repair programs described in that paragraph, 
     minimum performance standards that reflect the capabilities 
     of commercially available advanced technologies that, with 
     respect to each pipeline covered by the programs, are 
     appropriate for--
       ``(i) the type of pipeline;
       ``(ii) the location of the pipeline;
       ``(iii) the material of which the pipeline is constructed; 
     and
       ``(iv) the materials transported by the pipeline.
       ``(B) Requirement.--The leak detection and repair programs 
     described in paragraph (1) shall be able to identify, locate, 
     and categorize all leaks that--
       ``(i) are hazardous to human safety or the environment; or
       ``(ii) have the potential to become explosive or otherwise 
     hazardous to human safety.
       ``(3) Advanced leak detection technologies and practices.--
       ``(A) In general.--The final regulations promulgated under 
     paragraph (1) shall--
       ``(i) require the use of advanced leak detection 
     technologies and practices described in subparagraph (B);
       ``(ii) identify any scenarios where operators may use leak 
     detection practices that depend on human senses; and
       ``(iii) include a schedule for repairing or replacing each 
     leaking pipe, except a pipe with a leak so small that it 
     poses no potential hazard, with appropriate deadlines.
       ``(B) Advanced leak detection technologies and practices 
     described.--The advanced leak detection technologies and 
     practices referred to in subparagraph (A)(i) include--
       ``(i) for new and existing gas distribution pipeline 
     facilities, technologies and practices to detect pipeline 
     leaks--

       ``(I)(aa) through continuous monitoring on or along the 
     pipeline; and
       ``(bb) in the case of an existing facility, that do not 
     impose any design or installation requirements on existing 
     facilities that would be inapplicable under section 60104(b); 
     or
       ``(II) through periodic surveys with handheld equipment, 
     equipment mounted on mobile platforms, or other means using 
     commercially available technology;

       ``(ii) for new and existing gas transmission pipeline 
     facilities, technologies and practices to detect pipeline 
     leaks through--

       ``(I) equipment that--

       ``(aa) is capable of continuous monitoring; and
       ``(bb) in the case of an existing facility, does not impose 
     any design or installation requirements on existing 
     facilities that would be inapplicable under section 60104(b); 
     or

       ``(II) periodic surveys with handheld equipment, equipment 
     mounted on mobile platforms, or other means using 
     commercially available technology; and

       ``(iii) for regulated gathering lines in Class 2 locations, 
     Class 3 locations, or Class 4 locations, technologies and 
     practices to detect pipeline leaks through--

       ``(I) equipment that--

       ``(aa) is capable of continuous monitoring; and
       ``(bb) in the case of an existing facility, does not impose 
     any design or installation requirements on existing 
     facilities that would be inapplicable under section 60104(b); 
     or

       ``(II) periodic surveys with handheld equipment, equipment 
     mounted on mobile platforms, or other means using 
     commercially available technology.

       ``(4) Savings clauses.--
       ``(A) Surveys and timelines.--In promulgating regulations 
     under this subsection, the Secretary--
       ``(i) shall not reduce the frequency of surveys required 
     under any other provision of this chapter or stipulated by 
     regulation as of the date of enactment of this subsection; 
     and
       ``(ii) shall not extend the duration of any timelines for 
     the repair or remediation of leaks that are stipulated by 
     regulation as of the date of enactment of this subsection.
       ``(B) Application.--The limitations in this paragraph do 
     not restrict the Secretary's ability to modify any 
     regulations through proceedings separate from or subsequent 
     to the final regulations required under paragraph (1).
       ``(C) Existing authority.--Nothing in this subsection shall 
     alter the authority of the Secretary to regulate gathering 
     lines as defined under section 60101.''.

     SEC. 115. INSPECTION AND MAINTENANCE PLANS.

       (a) In General.--Section 60108 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, must meet the requirements of any regulations promulgated 
     under section 60102(q),'' after ``the need for pipeline 
     safety'';
       (ii) in subparagraph (C), by striking ``and'' at the end; 
     and
       (iii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) the extent to which the plan will contribute to--
       ``(i) public safety;
       ``(ii) eliminating hazardous leaks and minimizing releases 
     of natural gas from pipeline facilities; and
       ``(iii) the protection of the environment; and
       ``(E) the extent to which the plan addresses the 
     replacement or remediation of pipelines that are known to 
     leak based on the material (including cast iron, unprotected 
     steel, wrought iron, and historic plastics with known 
     issues), design, or past operating and maintenance history of 
     the pipeline.''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Review of plans.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subparagraph, and not less frequently than 
     once every 5 years thereafter, the Secretary or relevant 
     State authority with a certification in effect under section 
     60105 shall review each plan described in this subsection.
       ``(B) Context of review.--The Secretary may conduct a 
     review under this paragraph as an element of the inspection 
     of the operator carried out by the Secretary under subsection 
     (b).
       ``(C) Inadequate programs.--If the Secretary determines 
     that a plan reviewed under this paragraph does not comply 
     with the requirements of this chapter (including any 
     regulations promulgated under this chapter), has not been 
     adequately implemented, is inadequate for the safe operation 
     of a pipeline facility, or is otherwise inadequate, the 
     Secretary may conduct enforcement proceedings under this 
     chapter.''; and
       (2) in subsection (b)(1)(B), by inserting ``construction 
     material,'' after ``method of construction,''.
       (b) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, each pipeline operator shall update 
     the inspection and maintenance plan prepared by the operator 
     under section 60108(a) of title 49, United States Code, to 
     address the elements described in the amendments to that 
     section made by subsection (a).
       (c) Inspection and Maintenance Plan Oversight.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study to evaluate the procedures used by the 
     Secretary and States in reviewing plans prepared by pipeline 
     operators under section 60108(a) of title 49, United States 
     Code, pursuant to subsection (b) in minimizing releases of 
     natural gas from pipeline facilities.
       (2) Report of the comptroller general of the united 
     states.--Not later than 1 year after the Secretary's review 
     of the operator plans prepared under section 60108(a) of 
     title 49, United States Code, the Comptroller General of the 
     United States shall submit to the Secretary, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committees on Transportation and Infrastructure and Energy 
     and Commerce of the House of Representatives a report that--
       (A) describes the results of the study conducted under 
     paragraph (1), including an evaluation of the procedures used 
     by the Secretary and States in reviewing the effectiveness of 
     the plans prepared by pipeline operators under section 
     60108(a) of title 49, United States Code, pursuant to 
     subsection (b) in minimizing releases of natural gas from 
     pipeline facilities; and
       (B) provides recommendations for how to further minimize 
     releases of natural gas from pipeline facilities without 
     compromising pipeline safety based on observations and 
     information obtained through the study conducted under 
     paragraph (1).
       (3) Response of the secretary.--Not later than 90 days 
     after the date on which the report under paragraph (2) is 
     published, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committees on Transportation and Infrastructure and Energy 
     and Commerce of the House of Representatives a report that 
     includes--
       (A) a response to the results of the study conducted under 
     paragraph (1) and the recommendations contained in the report 
     submitted under paragraph (2);
       (B) a discussion of--
       (i) the best available technologies or practices to prevent 
     or minimize, without compromising pipeline safety, the 
     release of natural gas when making planned repairs, 
     replacements, or maintenance to a pipeline facility;
       (ii) the best available technologies or practices to 
     prevent or minimize, without compromising pipeline safety, 
     the release of natural gas when the operator intentionally 
     vents or releases natural gas; and
       (iii) pipeline facility designs that, without compromising 
     pipeline safety, mitigate the need to intentionally vent 
     natural gas; and
       (C) a timeline for updating pipeline safety regulations, as 
     the Secretary determines to be appropriate, to address--
       (i) the recommendations of the Comptroller General of the 
     United States in the report submitted under paragraph (2); 
     and
       (ii) the matters described in clauses (i) through (iii) of 
     subparagraph (B) based on the discussion described in that 
     subparagraph.
       (4) Rulemaking.--

[[Page S5343]]

       (A) In general.--Not later than 180 days after the date on 
     which the Secretary submits the report under paragraph (3), 
     the Secretary shall update, in accordance with the timeline 
     described in paragraph (3)(C), pipeline safety regulations 
     that the Secretary has determined are necessary to protect 
     the environment without compromising pipeline safety.
       (B) Report.--If the Secretary determines not to promulgate 
     or update regulations to address a recommendation of the 
     Comptroller General of the United States made in the report 
     submitted under paragraph (2), the Secretary shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure and Energy and Commerce of the House of 
     Representatives a justification for that decision and any 
     supporting documents or analysis used to make that decision.

     SEC. 116. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Pipeline and 
     Hazardous Materials Safety Administration shall--
       (1) review all comments submitted in response to the 
     advance notice of proposed rulemaking entitled ``Pipeline 
     Safety: Class Location Change Requirements'' (83 Fed. Reg. 
     36861 (July 31, 2018));
       (2) complete any other activities or procedures necessary--
       (A) to make a determination whether to publish a notice of 
     proposed rulemaking; and
       (B) if a positive determination is made under subparagraph 
     (A), to advance in the rulemaking process, including by 
     taking any actions required under section 60115 of title 49, 
     United State Code; and
       (3) consider the issues raised in the report to Congress 
     entitled ``Evaluation of Expanding Pipeline Integrity 
     Management Beyond High-Consequence Areas and Whether Such 
     Expansion Would Mitigate the Need for Gas Pipeline Class 
     Location Requirements'' prepared by the Pipeline and 
     Hazardous Materials Safety Administration and submitted to 
     Congress on June 8, 2016, including the adequacy of existing 
     integrity management programs.
       (b) Application.--Nothing in this section requires the 
     Administrator of the Pipeline and Hazardous Materials Safety 
     Administration to publish a notice of proposed rulemaking or 
     otherwise continue the rulemaking process with respect to the 
     advance notice of proposed rulemaking described in subsection 
     (a)(1).
       (c) Reporting.--For purposes of this section, the 
     requirements of section 106 shall apply during the period 
     beginning on the date that is 180 days after the date of 
     enactment of this Act and ending on the date on which the 
     requirements of subsection (a) are completed.

     SEC. 117. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
                   INFORMATION.

       Section 60129 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``employee with'' and inserting 
     ``current or former employee with'';
       (2) in subsection (b)(3), by adding at the end the 
     following:
       ``(D) De novo review.--
       ``(i) In general.--With respect to a complaint under 
     paragraph (1), if the Secretary of Labor has not issued a 
     final decision by the date that is 210 days after the date on 
     which the complaint was filed, and if the delay is not due to 
     the bad faith of the employee who filed the complaint, that 
     employee may bring an original action at law or equity for de 
     novo review in the appropriate district court of the United 
     States, which shall have jurisdiction over such action 
     without regard to the amount in controversy, and which action 
     shall, at the request of either party to the action, be tried 
     by the court with a jury.
       ``(ii) Burdens of proof.--An original action described in 
     clause (i) shall be governed by the same legal burdens of 
     proof specified in paragraph (2)(B) for review by the 
     Secretary of Labor.''; and
       (3) by adding at the end the following:
       ``(e) Nonenforceability of Certain Provisions Waiving 
     Rights and Remedies or Requiring Arbitration of Disputes.--
       ``(1) Waiver of rights and remedies.--The rights and 
     remedies provided under this section may not be waived by any 
     agreement, policy, form, or condition of employment, 
     including by a predispute arbitration agreement.
       ``(2) Predispute arbitration agreements.--No provision of a 
     predispute arbitration agreement shall be valid or 
     enforceable if the provision requires arbitration of a 
     dispute arising under subsection (a)(1).''.

     SEC. 118. TRANSPORTATION TECHNOLOGY CENTER.

       (a) Research and Development.--The Administrator may use 
     the Transportation Technology Center in Pueblo, Colorado, for 
     research and development relating to transportation safety 
     improvements that will advance the safe and efficient 
     transportation of hazardous materials and energy products.
       (b) Authority to Plan, Design, Engineer, Erect, Alter, and 
     Repair Buildings and Make Public Improvements.--Only after 
     submitting a report to the Committees on Appropriations and 
     Commerce, Science, and Transportation of the Senate and the 
     Committees on Appropriations, Transportation and 
     Infrastructure, and Energy and Commerce of the House of 
     Representatives, and subject to the availability of funds 
     appropriated by Congress for the applicable purpose, the 
     Secretary may plan, design, engineer, erect, alter, and 
     repair buildings and make other public improvements to carry 
     out necessary research, safety, and training activities at 
     the Transportation Technology Center in Pueblo, Colorado.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report on the use of, and 
     future plans for, research and development activities at the 
     Transportation Technology Center in Pueblo, Colorado.

     SEC. 119. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall amend the auditing 
     program for the drug and alcohol regulations in part 199 of 
     title 49, Code of Federal Regulations, to improve the 
     efficiency and processes of those regulations as applied to--
       (1) operators; and
       (2) pipeline contractors working for multiple operators in 
     multiple States.
       (b) Requirement.--In carrying out subsection (a), the 
     Secretary shall minimize duplicative audits of the same 
     operators, and the contractors working for those operators, 
     by the Administration and multiple State agencies.
       (c) Limitation.--Nothing in this section requires 
     modification of the inspection or enforcement authority of 
     any Federal agency or State.

     SEC. 120. SAVINGS CLAUSE.

       Nothing in this title or an amendment made by this title 
     affects the authority of the Administrator of the 
     Environmental Protection Agency under the Clean Air Act (42 
     U.S.C. 7401 et seq.), the authority of the Secretary of the 
     Interior under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.), or the authority of any State to regulate the release 
     of pollutants or hazardous substances to air, water, or land, 
     including through the establishment and enforcement of 
     requirements relating to that release.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Leonel Rondon Pipeline 
     Safety Act''.

     SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

       (a) In General.--Section 60109(e) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(7) Distribution integrity management plans.--
       ``(A) Evaluation of risk.--Not later than 2 years after the 
     date of enactment of this paragraph, the Secretary shall 
     promulgate regulations to ensure that each distribution 
     integrity management plan developed by an operator of a 
     distribution system includes an evaluation of--
       ``(i) the risks resulting from the presence of cast iron 
     pipes and mains in the distribution system; and
       ``(ii) the risks that could lead to or result from the 
     operation of a low-pressure distribution system at a pressure 
     that makes the operation of any connected and properly 
     adjusted low-pressure gas burning equipment unsafe (as 
     described in section 192.623 of title 49, Code of Federal 
     Regulations (or a successor regulation)).
       ``(B) Consideration.--In the evaluations required in a plan 
     under subparagraph (A), the regulations promulgated by the 
     Secretary shall ensure that the distribution integrity 
     management plan evaluates for future potential threats in a 
     manner that considers factors other than past observed 
     abnormal operations (within the meaning of section 192.605 of 
     title 49, Code of Federal Regulations (or a successor 
     regulation)), in ranking risks and identifying measures to 
     mitigate those risks under that subparagraph, so that 
     operators avoid using a risk rating of zero for low 
     probability events unless otherwise supported by engineering 
     analysis or operational knowledge.
       ``(C) Deadlines.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this paragraph, each operator of a distribution 
     system shall make available to the Secretary or the relevant 
     State authority with a certification in effect under section 
     60105, as applicable, a copy of--

       ``(I) the distribution integrity management plan of the 
     operator;
       ``(II) the emergency response plan under section 192.615 of 
     title 49, Code of Federal Regulations (or a successor 
     regulation); and
       ``(III) the procedural manual for operations, maintenance, 
     and emergencies under section 192.605 of title 49, Code of 
     Federal Regulations (or a successor regulation).

       ``(ii) Updates.--Each operator of a distribution system 
     shall make available to the Secretary or make available for 
     inspection to the relevant State authority with a 
     certification in effect under section 60105, if applicable, 
     an updated plan or manual described in clause (i) by not 
     later than 60 days after the date of a significant update, as 
     determined by the Secretary.
       ``(iii) Applicability of foia.--Nothing in this subsection 
     shall be construed to authorize the disclosure of any 
     information that is exempt from disclosure under section 
     552(b) of title 5, United States Code.

[[Page S5344]]

       ``(D) Review of plans and documents.--
       ``(i) Timing.--

       ``(I) In general.--Not later than 2 years after the date of 
     promulgation of the regulations under subparagraph (A), and 
     not less frequently than once every 5 years thereafter, the 
     Secretary or relevant State authority with a certification in 
     effect under section 60105 shall review the distribution 
     integrity management plan, the emergency response plan, and 
     the procedural manual for operations, maintenance, and 
     emergencies of each operator of a distribution system and 
     record the results of that review for use in the next review 
     of the program of that operator.
       ``(II) Grace period.--For the third, fourth, and fifth 
     years after the date of promulgation of the regulations under 
     subparagraph (A), the Secretary--

       ``(aa) shall not use subclause (I) as justification to 
     reduce funding, decertify, or penalize in any way under 
     section 60105, 60106, or 60107 a State authority that has in 
     effect a certification under section 60105 or an agreement 
     under section 60106; and
       ``(bb) shall--
       ``(AA) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a list of States found to be 
     noncompliant with subclause (I) during the annual program 
     evaluation; and
       ``(BB) provide a written notice to each State authority 
     described in item (aa) that is not in compliance with the 
     requirements of subclause (I).
       ``(ii) Review.--Each plan or procedural manual made 
     available under subparagraph (C)(i) shall be reexamined--

       ``(I) on significant change to the plans or procedural 
     manual, as applicable;
       ``(II) on significant change to the gas distribution system 
     of the operator, as applicable; and
       ``(III) not less frequently than once every 5 years.

       ``(iii) Context of review.--The Secretary may conduct a 
     review under clause (i) or (ii) as an element of the 
     inspection of the operator carried out by the Secretary.
       ``(iv) Inadequate programs.--If the Secretary determines 
     that the documents reviewed under clause (i) or (ii) do not 
     comply with the requirements of this chapter (including 
     regulations to implement this chapter), have not been 
     adequately implemented, or are inadequate for the safe 
     operation of a pipeline facility, the Secretary may conduct 
     proceedings under this chapter.''.
       (b) Monitoring.--Section 60105(e) of title 49, United 
     States Code, is amended--
       (1) in the second sentence, by striking ``A State 
     authority'' and inserting the following:
       ``(2) Cooperation.--A State authority with a certification 
     in effect under this section'';
       (2) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (3) by adding at the end the following:
       ``(3) Audit program.--Not later than 2 years after the date 
     of enactment of this paragraph, the Secretary shall--
       ``(A) revise the State audit protocols and procedures to 
     update the annual State Program Evaluations carried out under 
     this subsection and section 60106(d) to ensure that a State 
     authority with a certification in effect under this section 
     has the capability to sufficiently review and evaluate the 
     adequacy of the plans and manuals described in section 
     60109(e)(7)(C)(i);
       ``(B) update the State Inspection Calculation Tool to take 
     into account factors including--
       ``(i) the number of miles of natural gas and hazardous 
     liquid pipelines in the State, including the number of miles 
     of cast iron and bare steel pipelines;
       ``(ii) the number of services in the State;
       ``(iii) the age of the gas distribution system in the 
     State; and
       ``(iv) environmental factors that could impact the 
     integrity of the pipeline, including relevant geological 
     issues; and
       ``(C) promulgate regulations to require that a State 
     authority with a certification in effect under this section 
     has a sufficient number of qualified inspectors to ensure 
     safe operations, as determined by the State Inspection 
     Calculation Tool and other factors determined to be 
     appropriate by the Secretary.''.

     SEC. 203. EMERGENCY RESPONSE PLANS.

       Section 60102 of title 49, United States Code (as amended 
     by section 114), is amended by adding at the end the 
     following:
       ``(r) Emergency Response Plans.--Not later than 2 years 
     after the date of enactment of this subsection, the Secretary 
     shall update regulations to ensure that each emergency 
     response plan developed by an operator of a distribution 
     system under section 192.615 of title 49, Code of Federal 
     Regulations (or a successor regulation), includes written 
     procedures for--
       ``(1) establishing communication with first responders and 
     other relevant public officials, as soon as practicable, 
     beginning from the time of confirmed discovery, as determined 
     by the Secretary, by the operator of a gas pipeline emergency 
     involving a release of gas from a distribution system of that 
     operator that results in--
       ``(A) a fire related to an unintended release of gas;
       ``(B) an explosion;
       ``(C) 1 or more fatalities; or
       ``(D) the unscheduled release of gas and shutdown of gas 
     service to a significant number of customers, as determined 
     by the Secretary;
       ``(2) establishing general public communication through an 
     appropriate channel--
       ``(A) as soon as practicable, as determined by the 
     Secretary, after a gas pipeline emergency involving a release 
     of gas that results in--
       ``(i) a fire related to an unintended release of gas;
       ``(ii) an explosion;
       ``(iii) 1 or more fatalities; or
       ``(iv) the unscheduled shutdown of gas service to a 
     significant number of customers, as determined by the 
     Secretary; and
       ``(B) that provides information regarding--
       ``(i) the emergency described in subparagraph (A); and
       ``(ii) the status of public safety; and
       ``(3) the development and implementation of a voluntary, 
     opt-in system that would allow operators of distribution 
     systems to rapidly communicate with customers in the event of 
     an emergency.''.

     SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

       Section 60102 of title 49, United States Code (as amended 
     by section 203), is amended by adding at the end the 
     following:
       ``(s) Operations and Maintenance Manuals.--Not later than 2 
     years after the date of enactment of this subsection, the 
     Secretary shall update regulations to ensure that each 
     procedural manual for operations, maintenance, and 
     emergencies developed by an operator of a distribution 
     pipeline under section 192.605 of title 49, Code of Federal 
     Regulations (or a successor regulation), includes written 
     procedures for--
       ``(1) responding to overpressurization indications, 
     including specific actions and an order of operations for 
     immediately reducing pressure in or shutting down portions of 
     the gas distribution system, if necessary; and
       ``(2) a detailed procedure for the management of the change 
     process, which shall--
       ``(A) be applied to significant technology, equipment, 
     procedural, and organizational changes to the distribution 
     system; and
       ``(B) ensure that relevant qualified personnel, such as an 
     engineer with a professional engineer licensure, subject 
     matter expert, or other employee who possesses the necessary 
     knowledge, experience, and skills regarding natural gas 
     distribution systems, review and certify construction plans 
     for accuracy, completeness, and correctness.''.

     SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure and Energy and Commerce of the House of 
     Representatives a report describing--
       (1) the number of operators of natural gas distribution 
     systems who have implemented a pipeline safety management 
     system in accordance with the standard established by the 
     American Petroleum Institute entitled ``Pipeline Safety 
     Management System Requirements'' and numbered American 
     Petroleum Institute Recommended Practice 1173;
       (2) the progress made by operators of natural gas 
     distribution systems who have implemented, or are in the 
     process of implementing, a pipeline safety management system 
     described in paragraph (1); and
       (3) the feasibility of an operator of a natural gas 
     distribution system implementing a pipeline safety management 
     system described in paragraph (1) based on the size of the 
     operator as measured by--
       (A) the number of customers the operator has; and
       (B) the amount of natural gas the operator transports.
       (b) Requirements.--As part of the report required under 
     subsection (a), the Secretary shall provide guidance or 
     recommendations that would further the adoption of safety 
     management systems in accordance with the standard 
     established by the American Petroleum Institute entitled 
     ``Pipeline Safety Management System Requirements'' and 
     numbered American Petroleum Institute Recommended Practice 
     1173.
       (c) Evaluation and Promotion of Safety Management 
     Systems.--The Secretary and the relevant State authority with 
     a certification in effect under section 60105 of title 49, 
     United States Code, as applicable, shall--
       (1) promote and assess pipeline safety management systems 
     frameworks developed by operators of natural gas distribution 
     systems and described in the report under subsection (a), 
     including--
       (A) if necessary, using independent third-party evaluators; 
     and
       (B) through a system that promotes self-disclosure of--
       (i) errors; and
       (ii) deviations from regulatory standards; and
       (2) if a deviation from a regulatory standard is identified 
     during the development and application of a pipeline safety 
     management system, certify that--
       (A) due consideration will be given to factors such as 
     flawed procedures, honest mistakes, or lack of understanding; 
     and
       (B) the operators and regulators use the most appropriate 
     tools to fix the deviation, return to compliance, and prevent 
     the recurrence of the deviation, including--
       (i) root cause analysis; and

[[Page S5345]]

       (ii) training, education, or other appropriate improvements 
     to procedures or training programs.

     SEC. 206. PIPELINE SAFETY PRACTICES.

       Section 60102 of title 49, United States Code (as amended 
     by section 204), is amended by adding at the end the 
     following:
       ``(t) Other Pipeline Safety Practices.--
       ``(1) Records.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     regulations to require an operator of a distribution system--
       ``(A) to identify and manage traceable, reliable, and 
     complete records, including maps and other drawings, critical 
     to ensuring proper pressure controls for a gas distribution 
     system, and updating these records as needed, while 
     collecting and identifying other records necessary for risk 
     analysis on an opportunistic basis; and
       ``(B) to ensure that the records required under 
     subparagraph (A) are--
       ``(i) accessible to all personnel responsible for 
     performing or overseeing relevant construction or engineering 
     work; and
       ``(ii) submitted to, or made available for inspection by, 
     the Secretary or the relevant State authority with a 
     certification in effect under section 60105.
       ``(2) Presence of qualified employees.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to require that not less than 1 agent 
     of an operator of a distribution system who is qualified to 
     perform relevant covered tasks (as defined in section 
     192.801(b) of title 49, Code of Federal Regulations (or a 
     successor regulation)) shall monitor gas pressure at the 
     district regulator station or at an alternative site with 
     equipment capable of ensuring proper pressure controls and 
     have the capability to promptly shut down the flow of gas or 
     control over pressurization at a district regulator station 
     during any construction project that has the potential to 
     cause a hazardous overpressurization at that station, 
     including tie-ins and abandonment of distribution lines and 
     mains, based on an evaluation, conducted by the operator, of 
     threats that could result in unsafe operation.
       ``(B) Exclusion.--In promulgating regulations under 
     subparagraph (A), the Secretary shall ensure that those 
     regulations do not apply to a district regulating station 
     that has a monitoring system and the capability for remote or 
     automatic shutoff.
       ``(3) District regulator stations.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     regulations to require that each operator of a distribution 
     system assesses and upgrades, as appropriate, each district 
     regulator station of the operator to ensure that--
       ``(i) the risk of the gas pressure in the distribution 
     system exceeding, by a common mode of failure, the maximum 
     allowable operating pressure (as described in section 192.623 
     of title 49, Code of Federal Regulations (or a successor 
     regulation)) allowed under Federal law (including 
     regulations) is minimized;
       ``(ii) the gas pressure of a low-pressure distribution 
     system is monitored, particularly at or near the location of 
     critical pressure-control equipment;
       ``(iii) the regulator station has secondary or backup 
     pressure-relieving or overpressure-protection safety 
     technology, such as a relief valve or automatic shutoff 
     valve, or other pressure-limiting devices appropriate for the 
     configuration and siting of the station and, in the case of a 
     regulator station that employs the primary and monitor 
     regulator design, the operator shall eliminate the common 
     mode of failure or provide backup protection capable of 
     either shutting the flow of gas, relieving gas to the 
     atmosphere to fully protect the distribution system from 
     overpressurization events, or there must be technology in 
     place to eliminate a common mode of failure; and
       ``(iv) if the Secretary determines that it is not 
     operationally possible for an operator to implement the 
     requirements under clause (iii), the Secretary shall require 
     such operator to identify actions in their plan that minimize 
     the risk of an overpressurization event.''.

                          ____________________