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Congressional Record, June 24, 2020 — Senate

Summary

A page of the Congressional Record, Senate, dated June 24, 2020, beginning at page S3207, under Additional Cosponsors and Statements on Introduced Bills and Joint Resolutions. It lists senators added as cosponsors of bills including S. 4014, a bill to provide for supplemental loans, and S. 4048, a bill to modify the deadlines for completing the 2020 decennial population tabulations. Mr. Reed, with Senators Inhofe, Moran, Jones and Hyde-Smith, introduces S. 4053, the DOE EPSCoR Modernization Act of 2020, and Mr. Durbin and Mr. Rubio introduce S. 4055 on health workforce shortages, which would allocate up to $50,000,000 for a National Health Service Corps Emergency Service demonstration project. The page ends with amendments, including SA 1676, SA 1692 and SA 1693, submitted to the bill S. 4049.

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“Congressional Record, June 24, 2020 — Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-24-crec-2020-06-24-pt1-pgs3207-e18fd8b812/, SHA-256 a06ad1749cafef5afd2eaae153b460139137ae3c64f6508bcc4546ffb88691fc.

Full text

                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                 S3207
                                                                      S. 1863                          SINEMA) was added as a cosponsor of S.                 sponsor of S. 4014, a bill to provide for
                                                 At the request of Mr. DURBIN, the                     3182, a bill to direct the Secretary of                supplemental loans under the Pay-
                                               name of the Senator from Virginia (Mr.                  Veterans Affairs to carry out the Wom-                 check Protection Program.
                                               WARNER) was added as a cosponsor of S.                  en’s Health Transition Training pilot                                    S. 4017
                                               1863, a bill to require the Secretary of                program through at least fiscal year                     At the request of Mr. HOEVEN, the
                                               the Interior to conduct a special re-                   2020, and for other purposes.                          names of the Senator from Louisiana
                                               source study of the sites associated                                           S. 3393                         (Mr. CASSIDY) and the Senator from
                                               with the life and legacy of the noted                     At the request of Ms. HIRONO, her                    Virginia (Mr. WARNER) were added as
                                               American philanthropist and business                    name was added as a cosponsor of S.                    cosponsors of S. 4017, a bill to extend
                                               executive Julius Rosenwald, with a                      3393, a bill to amend title 10, United                 the period for obligations or expendi-
                                               special focus on the Rosenwald                          States Code, to provide for concurrent                 tures for amounts obligated for the Na-
                                               Schools, and for other purposes.                        receipt of veterans’ disability com-                   tional Disaster Resilience competition.
                                                                      S. 1970                          pensation and retired pay for disability                                 S. 4019
                                                 At the request of Ms. HIRONO, the                     retirees with fewer than 20 years of                     At the request of Mr. CORNYN, the
                                               name of the Senator from Colorado                       service and a combat-related dis-                      name of the Senator from North Da-
                                               (Mr. BENNET) was added as a cosponsor                   ability, and for other purposes.                       kota (Mr. HOEVEN) was added as a co-
                                               of S. 1970, a bill to secure the rights of                At the request of Mr. TESTER, the                    sponsor of S. 4019, a bill to amend title
                                               public employees to organize, act                       names of the Senator from Mississippi                  5, United States Code, to designate
                                               concertedly, and bargain collectively,                  (Mr. WICKER) and the Senator from                      Juneteenth National Independence Day
                                               which safeguard the public interest and                 Maryland (Mr. VAN HOLLEN) were                         as a legal public holiday.
                                               promote the free and unobstructed flow                  added as cosponsors of S. 3393, supra.                                   S. 4041
                                               of commerce, and for other purposes.                                           S. 3395                           At the request of Mr. CORNYN, the
                                                                      S. 2216                            At the request of Ms. HIRONO, the                    name of the Senator from Alaska (Mr.
                                                 At the request of Mr. PETERS, the                     name of the Senator from Massachu-                     SULLIVAN) was added as a cosponsor of
                                               name of the Senator from New Hamp-                      setts (Mr. MARKEY) was added as a co-                  S. 4041, a bill to assist the American
                                               shire (Ms. HASSAN) was added as a co-                   sponsor of S. 3395, a bill to require con-             energy sector in retaining jobs during
                                               sponsor of S. 2216, a bill to require the               sultations on reuniting Korean Ameri-                  challenging economic times.
                                               Secretary of Veterans Affairs to for-                   cans with family members in North                                        S. 4046
                                               mally recognize caregivers of veterans,                 Korea.                                                   At the request of Mr. MERKLEY, the
                                               notify veterans and caregivers of clin-                                        S. 3624                         name of the Senator from New York
                                               ical determinations relating to eligi-
                                                                                                         At the request of Mr. COONS, the                     (Mrs. GILLIBRAND) was added as a co-
                                               bility for caregiver programs, and tem-
                                                                                                       name of the Senator from Virginia (Mr.                 sponsor of S. 4046, a bill to direct the
                                               porarily extend benefits for veterans
                                                                                                       WARNER) was added as a cosponsor of S.                 Administrator of the Environmental
                                               who are determined ineligible for the
                                                                                                       3624, a bill to amend the national serv-               Protection Agency to establish a pro-
                                               family caregiver program, and for
                                                                                                       ice laws to prioritize national service                gram to award grants to eligible enti-
                                               other purposes.
                                                                                                       programs and projects that are directly                ties to purchase, and as applicable in-
                                                                      S. 2446
                                                                                                       related to the response to and recovery                stall, zero emissions port equipment
                                                 At the request of Ms. WARREN, the                     from the COVID–19 public health emer-                  and technology, and for other purposes.
                                               name of the Senator from Maine (Ms.                     gency, and for other purposes.                                           S. 4048
                                               COLLINS) was added as a cosponsor of S.
                                                                                                                              S. 3727                           At the request of Ms. HARRIS, the
                                               2446, a bill to provide certain coverage
                                               of audiologist services under the Medi-                   At the request of Mr. UDALL, his                     name of the Senator from Michigan
                                               care program, and for other purposes.                   name was added as a cosponsor of S.                    (Mr. PETERS) was added as a cosponsor
                                                                                                       3727, a bill to provide for cash refunds               of S. 4048, a bill to modify the deadlines
                                                                      S. 2673
                                                                                                       for canceled airline flights and tickets               for completing the 2020 decennial cen-
                                                 At the request of Mrs. SHAHEEN, the
                                                                                                       during the COVID–19 emergency.                         sus of population and related tabula-
                                               name of the Senator from Maryland
                                                                                                         At the request of Mr. HEINRICH, his                  tions, and for other purposes.
                                               (Mr. VAN HOLLEN) was added as a co-
                                                                                                       name was added as a cosponsor of S.                                      f
                                               sponsor of S. 2673, a bill to amend title
                                                                                                       3727, supra.
                                               10, United States Code, to provide for                                                                            STATEMENTS ON INTRODUCED
                                                                                                                              S. 3737
                                               eating disorders treatment for mem-                                                                              BILLS AND JOINT RESOLUTIONS
                                               bers and certain former members of the                    At the request of Ms. SMITH, the
                                                                                                       name of the Senator from New York                            By Mr. REED (for himself, Mr.
                                               uniformed services, and dependents of                                                                                  INHOFE, Mr. MORAN, Mr. JONES,
                                               such members, and for other purposes.                   (Mrs. GILLIBRAND) was added as a co-
                                                                                                       sponsor of S. 3737, a bill to improve the                      and Mrs. HYDE-SMITH):
                                                                      S. 2741                                                                                   S. 4053. A bill to amend the Energy
                                                 At the request of Mr. SCHATZ, the                     public health workforce loan repay-
                                                                                                       ment program.                                          Policy Act of 1992 to modernize the
                                               names of the Senator from Maryland                                                                             EPSCoR program of the Department of
                                                                                                                              S. 3775
                                               (Mr. VAN HOLLEN) and the Senator                                                                               Energy, and for other purposes; to the
                                               from Arkansas (Mr. BOOZMAN) were                          At the request of Mr. PETERS, the
                                                                                                                                                              Committee on Energy and Natural Re-
                                               added as cosponsors of S. 2741, a bill to               name of the Senator from Nevada (Ms.
                                                                                                                                                              sources.
                                               amend title XVIII of the Social Secu-                   ROSEN) was added as a cosponsor of S.
                                                                                                                                                                Mr. REED. Mr. President, today I in-
                                               rity Act to expand access to telehealth                 3775, a bill to establish a United States-
                                                                                                                                                              troduce, along with Senator INHOFE,
                                               services, and for other purposes.                       Israel Operations-Technology Working                   Senator JONES, Senator MORAN, and
                                                                      S. 2864                          Group, and for other purposes.                         Senator HYDE-SMITH, the DOE EPSCoR
                                                 At the request of Ms. SINEMA, the                                            S. 3783
                                                                                                                                                              Modernization Act of 2020.
                                               name of the Senator from Iowa (Ms.                        At the request of Mrs. GILLIBRAND,                     As many of our colleagues are aware,
                                               ERNST) was added as a cosponsor of S.                   the name of the Senator from Mary-                     the Department of Energy Established
                                               2864, a bill to require the Secretary of                land (Mr. VAN HOLLEN) was added as a                   Program to Stimulate Competitive Re-
                                               Veterans Affairs to carry out a pilot                   cosponsor of S. 3783, a bill to direct the             search (DOE EPSCoR) was established
                                               program on information sharing be-                      Secretary of Defense to standardize,                   by the Energy Policy Act of 1992 (P.L.
                                               tween the Department of Veterans Af-                    collect, and analyze information on the                102–486). This critical initiative seeks




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                                               fairs and designated relatives and                      demographics of applicants to military                 to improve the capacity of eligible
                                               friends of veterans regarding the as-                   service academies, and for other pur-                  states to conduct nationally competi-
                                               sistance and benefits available to the                  poses.                                                 tive energy research and connect eligi-
                                               veterans, and for other purposes.                                              S. 4014                         ble states with the National Labora-
                                                                      S. 3182                            At the request of Mr. CARDIN, the                    tory System.
                                                 At the request of Mr. SULLIVAN, the                   name of the Senator from California                      The purpose of the bill we are intro-
                                               name of the Senator from Arizona (Ms.                   (Mrs. FEINSTEIN) was added as a co-                    ducing is to broaden the scope of the



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                                               S3208                                             CONGRESSIONAL RECORD — SENATE                                                          June 24, 2020
                                               research funded by the DOE EPSCoR                         (3) by adding at the end the following:                ‘‘(II) secondly, to qualified individuals who
                                               program beyond basic science, to en-                      ‘‘(3) to be transferred to the Secretary of          continue to practice in any site approved for
                                               compass the full range of research sup-                 Health and Human Services $5,000,000,000 for           obligated service under the Scholarship Pro-
                                                                                                       fiscal year 2020, to provide additional funding        gram or Loan Repayment Program other
                                               ported by DOE. This includes cutting-                                                                          than the site at which the individual served.
                                                                                                       to carry out the National Health Service
                                               edge research in applied energy tech-                   Corps Scholarship Program under section                  ‘‘(ii) INCREASED FUNDING AMOUNTS.—The
                                               nologies, energy efficiency, energy                     338A of the Public Health Service Act, the             Secretary may grant increased award
                                               storage, and environmental manage-                      National Health Service Corps Loan Pro-                amounts to certain participants in the pro-
                                               ment, to name a few key areas. Yet, be-                 gram under section 338B of such Act, and the           gram under this section based on the site
                                               cause of the program’s narrow focus on                  National Health Service Corps Emergency                where a participant fulfilled his or her obli-
                                               basic science, EPSCoR States are only                   Service under section 2812A of such Act.’’.            gated service under the Scholarship Program
                                                                                                         (b) CRITERIA FOR USE OF ADDITIONAL FUND-             or Loan Repayment Program.
                                               able to support a small fraction of                                                                              ‘‘(C) PRIVATE PRACTICE.—An individual par-
                                                                                                       ING FOR IN-DEMAND PROFESSIONALS.—Not less
                                               DOE’s research mission.                                 than 40 percent of the amounts made avail-             ticipating in the emergency service under
                                                 Our bill would continue to support                    able under paragraph (3) of section 10503(b) of        this section may practice a health profession
                                               investments in research infrastructure                  the Patient Protection and Affordable Care             in any private capacity when not obligated
                                               and expand opportunities for EPSCoR                     Act (42 U.S.C. 254b–2(b)) (as amended by sub-          to fulfill the requirements described in sub-
                                               institutions to partner with National                   section (a)) shall be allocated to awards to           section (c).
                                               Laboratories to conduct their research.                 eligible applicants to the National Health               ‘‘(2) CURRENT NHSC MEMBERS.—
                                                                                                       Service Corps Scholarship Program under                  ‘‘(A) IN GENERAL.—An individual who is
                                               Our bill would also increase support for
                                                                                                       section 338A of the Public Health Service Act          participating in the Scholarship Program
                                               graduate students and early career fac-                 (42 U.S.C. 254l), the National Health Service          under section 338A or the Loan Repayment
                                               ulty.                                                   Corps Loan Repayment Program under sec-                Program under section 338B may apply to
                                                 When the National Academy of                          tion 338B of such Act (42 U.S.C. 254l–1), or the       participate in the program under this section
                                               Sciences evaluated EPSCoR programs,                     National Health Service Corps Emergency                while fulfilling the individual’s obligated
                                               it concluded that EPSCoR programs                       Service under section 2812A of such Act (as            services under such program.
                                               are critical to the nation’s scientific                 added by subsection (c)) who are members of              ‘‘(B)     CLARIFICATIONS.—Notwithstanding
                                               and technology leadership, because                      groups that are historically underrep-                 any other provision of law or any contract
                                                                                                       resented in health care professions, including         with respect to service requirements under
                                               EPSCoR helps ensure that talented re-                   racial and ethnic minorities and individuals           the Scholarship Program or Loan Repay-
                                               searchers and scientists from all 50                    from low-income urban and rural commu-                 ment Program, an individual fulfilling serv-
                                               states are partners in science and tech-                nities. To carry out the requirements of this          ice requirements described in subsection (c)
                                               nology research. This is even truer in                  subsection, the Secretary may coordinate               shall not be considered in breach of such con-
                                               the context of energy issues, where                     with entities receiving funding under section          tract under such Scholarship Program or
                                               each state and region faces different                   739 or 821 of the Public Health Service Act            Loan Repayment Program, provided that the
                                               energy opportunities and infrastruc-                    (42 U.S.C. 293c, 296m) to identify, provide            individual notifies the site at which the indi-
                                               ture challenges.                                        mentorship and support, and recruit such eli-          vidual is fulfilling his or her obligated serv-
                                                                                                       gible applicants.                                      ice requirements under such contract.
                                                 By modernizing the program and                          (c) NATIONAL HEALTH SERVICE CORPS EMER-                ‘‘(C) NO CREDIT TOWARD OBLIGATED SERV-
                                               bringing it into alignment with                         GENCY SERVICE DEMONSTRATION PROJECT.—                  ICE.—No period of service under the National
                                               EPSCoR programs operated by other                       Part B of title XXVIII of the Public Health            Disaster Medical System described in sub-
                                               agencies, DOE EPSCoR will be better                     Service Act is amended by inserting after              section (c)(1) shall be counted toward satis-
                                               positioned to meet today’s energy chal-                 section 2812 (42 U.S.C. 300hh–11) the fol-             fying a period of obligated service under the
                                               lenges and align with the interests and                 lowing:                                                Scholarship Program or Loan Repayment
                                               strengths of EPSCoR states. I am                        ‘‘SEC. 2812A. NATIONAL HEALTH SERVICE CORPS            Program.
                                                                                                                     EMERGENCY SERVICE DEMONSTRA-               ‘‘(c) PARTICIPANTS AS MEMBERS OF THE NA-
                                               pleased to have the support of the Coa-                               TION PROJECT.                            TIONAL DISASTER MEDICAL SYSTEM.—
                                               lition of EPSCoR/IDeA States in this                       ‘‘(a) IN GENERAL.—From the amounts made               ‘‘(1) SERVICE REQUIREMENTS.—An individual
                                               effort, and I urge our colleagues to join               available under section 10503(b)(3) of the Pa-         participating in the program under this sec-
                                               us in pressing for passage of this bill.                tient Protection and Affordable Care Act for           tion shall participate in the activities of the
                                                                                                       each of fiscal years 2021 through 2025, to the         National Disaster Medical System under sec-
                                                     By Mr. DURBIN (for himself and                    extent permitted by, and consistent with,              tion 2812 in the same manner and to the
                                                        Mr. RUBIO):                                    the requirements of applicable State law, the          same extent as other participants in such
                                                 S. 4055. A bill to address health work-               Secretary shall allocate up to $50,000,000 to          system.
                                                                                                       establishing, as a demonstration project, a              ‘‘(2) RIGHTS AND REQUIREMENTS.—An indi-
                                               force shortages and disparities high-
                                                                                                       National Health Service Corps Emergency                vidual participating in the program under
                                               lighted by the COVID–19 pandemic                        Service (referred to in this section as the
                                               through additional funding for the Na-                                                                         this section shall be considered participants
                                                                                                       ‘emergency service’) under which a qualified           in the National Disaster Medical System and
                                               tional Health Service Corps and the                     individual currently or previously partici-            shall be subject to the rights and require-
                                               Nurse Corps, and to establish a Na-                     pating in the National Health Service Corps            ments of subsections (c) and (d) of section
                                               tional Health Service Corps Emergency                   agrees to engage in service through the Na-            2812.
                                               Service demonstration project; to the                   tional Disaster Medical System established               ‘‘(d) EMERGENCY SERVICE PLAN.—In car-
                                               Committee on Health, Education,                         under section 2812, as described in this sec-          rying out this section, the Secretary, in co-
                                                                                                       tion.                                                  ordination with the Administrator of the
                                               Labor, and Pensions.                                      ‘‘(b) PARTICIPANTS.—                                 Health Resources and Services Administra-
                                                 Mr. DURBIN. Mr. President, I ask                        ‘‘(1) NHSC ALUMNI.—                                  tion and the Assistant Secretary for Pre-
                                               unanimous consent that the text of the                    ‘‘(A) QUALIFIED INDIVIDUALS.—An indi-                paredness and Response, shall establish an
                                               bill be printed in the RECORD.                          vidual may be eligible to participate in the           action plan for the service commitments, de-
                                                 There being no objection, the text of                 emergency service under this section if such           ployment protocols, coordination efforts,
                                               the bill was ordered to be printed in                   individual participated in the Scholarship             training requirements, liability, workforce
                                               the RECORD, as follows:                                 Program under section 338A or the Loan Re-             development, and such other considerations
                                                                                                       payment Program under section 338B, and                as the Secretary determines appropriate.
                                                                    S. 4055
                                                                                                       who satisfied the obligated service require-           Such action plan shall—
                                                 Be it enacted by the Senate and House of Rep-         ments under such program, in accordance                  ‘‘(1) ensure adherence to the missions of
                                               resentatives of the United States of America in         with the individual’s contract.                        both the National Health Service Corps and
                                               Congress assembled,                                       ‘‘(B) PRIORITY AND INCREASED FUNDING                 National Disaster Medical Service;
                                               SECTION 1. SHORT TITLE.                                 AMOUNTS.—                                                ‘‘(2) ensure an adequate health care work-
                                                 This Act may be cited as the ‘‘Strength-                ‘‘(i) PRIORITY.—In selecting eligible indi-          force during a public health emergency de-
                                               ening America’s Health Care Readiness Act’’.            viduals to participate in the program under            clared by the Secretary under section 319 of
                                               SEC. 2. ADDITIONAL FUNDING FOR THE NA-                  this paragraph, the Secretary shall give pri-          this Act, a major disaster declared by the




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                                                          TIONAL HEALTH SERVICE CORPS.                 ority—                                                 President under section 401 of the Robert T.
                                                 (a) ADDITIONAL FUNDING.—Section 10503(b)                ‘‘(I) first, to qualified individuals who con-       Stafford Disaster Relief and Emergency As-
                                               of the Patient Protection and Affordable                tinue to practice at the site where the indi-          sistance Act, an emergency declared by the
                                               Care Act (42 U.S.C. 254b–2(b)) is amended—              vidual fulfilled his or her obligated service          President under section 501 of the Robert T.
                                                 (1) in paragraph (1)(F), by striking ‘‘and’’          under the Scholarship Program or Loan Re-              Stafford Disaster Relief and Emergency As-
                                               at the end;                                             payment Program through the time of the                sistance Act, or a national emergency de-
                                                 (2) in paragraph (2)(H), by striking the pe-          application to the program under this sec-             clared by the President under the National
                                               riod and inserting ‘‘; and’’; and                       tion; and                                              Emergencies Act; and




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                                               June 24, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3209
                                                 ‘‘(3) describe how the program established            SEC. 3. FUNDING FOR THE NURSE CORPS SCHOL-             the calculation of payments for fiscal year
                                               under this section will be implemented in a                         ARSHIP AND LOAN REPAYMENT                  2022 under section 7003(b)(1) of such Act, such
                                                                                                                   PROGRAM.
                                               manner consistent with, and in furtherance                                                                     payments shall be based on utilizing fiscal
                                               of, the assessments and goals for workforce               (a) FUNDING.—There are hereby appro-                 year 2020 data (from academic year 2018–2019)
                                               and training described in the review con-               priated, out of amounts in the Treasury not            to include total current expenditures, local
                                               ducted by the Secretary under section                   otherwise appropriated, $1,000,000,000 for fis-        contribution rates, and per pupil expendi-
                                               2812(b)(2).                                             cal year 2020, for purposes of carrying out            tures; or
                                                 ‘‘(e) CONTRACTS FOR CERTAIN PARTICIPATING             section 846 of the Public Health Service Act             (3) with respect to a requested payment
                                               INDIVIDUALS.—An individual who is partici-              (42 U.S.C. 297n), to remain available until ex-        under section 7002 or 7003 of such Act, use the
                                               pating in the emergency service program                 pended, except that—                                   student count or Federal property valuation
                                               under this section shall receive loan repay-              (1) of the amount appropriated under this            data relating to calculating such payment
                                               ments in an amount equal to 50 percent of               heading and made available for scholarships            for the fiscal year required under section
                                               the highest new award made for the year                 and loan repayment, not less than 40 percent           7002(j) or 7003(c) of such Act, as applicable.
                                               under the National Health Service Corps                 shall be allocated for eligible applicants who
                                               Loan Repayment Program pursuant to a                    are members of groups that are historically                  By Mr. DURBIN (for himself, Ms.
                                               contract entered into at the same time under            underrepresented in health care professions,                    DUCKWORTH, and Mr. VAN HOL-
                                               section 338B(g), in a manner similar to the             including racial and ethnic minorities and
                                                                                                                                                                       LEN):
                                               manner in which payments are made under                 individuals from low-income urban and rural
                                                                                                                                                                S. 4067. A bill to prohibit certain as-
                                               such section, pursuant to the terms of a con-           communities; and
                                                                                                         (2) to carry out the requirements of para-           sistance for inverted domestic corpora-
                                               tract between the Secretary and such indi-                                                                     tions; to the Committee on Finance.
                                               vidual. The Secretary shall establish a sys-            graph (1), the Secretary may coordinate with
                                                                                                       entities receiving funding under section 821             Mr. DURBIN. Mr. President, I ask
                                               tem of contracting for purposes of this sub-
                                               section which shall be similar to the con-              to identify, recruit, and select individuals to        unanimous consent that the text of the
                                               tract requirements and terms under sub-                 receive such scholarships.                             bill be printed in the RECORD.
                                               sections (c), (d), and (f) of section 338B.               (b) EMERGENCY DESIGNATION.—                            There being no objection, the text of
                                               Amounts received by an individual under                   (1) IN GENERAL.—The amounts provided by              the bill was ordered to be printed in
                                               this subsection shall be in addition to any             this section are designated as an emergency            the RECORD, as follows:
                                               amounts received by an individual described             requirement pursuant to section 4(g) of the
                                                                                                                                                                                   S. 4067
                                               in subsection (b)(2) pursuant to the Scholar-           Statutory Pay-As-You-Go Act of 2010 (2
                                                                                                       U.S.C. 933(g)).                                          Be it enacted by the Senate and House of Rep-
                                               ship Program under section 338A or the Loan                                                                    resentatives of the United States of America in
                                               Repayment Program under section 338B, as                  (2) DESIGNATION IN SENATE.—In the Senate,
                                                                                                       this section is designated as an emergency             Congress assembled,
                                               applicable.                                                                                                    SECTION 1. SHORT TITLE.
                                                                                                       requirement pursuant to section 4112(a) of H.
                                                 ‘‘(f) BREACH OF CONTRACT.—If an individual                                                                    This Act may be cited as the ‘‘American
                                                                                                       Con. Res. 71 (115th Congress), the concurrent
                                               breaches the written contract of the indi-                                                                     Assistance for American Companies Act’’.
                                                                                                       resolution on the budget for fiscal year 2018.
                                               vidual under subsection (e) by failing either                                                                  SEC. 2. PROHIBITION ON APPLICATION OF CER-
                                               to begin such individual’s service obligation                                                                              TAIN ASSISTANCE TO INVERTED DO-
                                               in accordance with such contract or to com-                   By Mr. THUNE (for himself and                                MESTIC CORPORATIONS.
                                               plete such service obligation, the United                        Ms. SMITH):                                     (a) PROHIBITION ON USE OF CERTAIN TAX IN-
                                               States shall be entitled to recover from the              S. 4063. A bill to provide that, due to              CENTIVES.—
                                               individual an amount equal to the sum of—               the disruptions caused by COVID–19,                      (1) NET OPERATING LOSS CARRYBACKS.—
                                                 ‘‘(1) the total of the amounts paid by the            applications for impact aid funding for                  (A) IN GENERAL.—Section 172(b)(1)(D) of the
                                               United States under such contract on behalf             fiscal year 2022 may use certain data                  Internal Revenue Code of 1986 is amended by
                                               of the individual for any period of such serv-          submitted in the fiscal year 2021 appli-               adding at the end the following new clause:
                                               ice not served;                                                                                                  ‘‘(vi) SPECIAL RULE FOR INVERTED DOMESTIC
                                                                                                       cation; to the Committee on Health,
                                                 ‘‘(2) an amount equal to the product of the                                                                  CORPORATIONS.—Clause (i) shall not apply to
                                               number of months of service that were not               Education, Labor, and Pensions.
                                                                                                                                                              any foreign corporation for any taxable year
                                               completed by the individual, multiplied by                Mr. THUNE. Mr. President, I ask                      in which such corporation is an inverted do-
                                               $3,750; and                                             unanimous consent that the text of the                 mestic corporation (as defined in section
                                                 ‘‘(3) the interest on the amounts described           bill be printed in the RECORD.                         7701(p)(2)), or to any member of the expanded
                                               in paragraphs (1) and (2), at the maximum                 There being no objection, the text of                affiliated group (as defined in section
                                               legal prevailing rate, as determined by the             the bill was ordered to be printed in                  7874(c)(1)) of such a foreign corporation, un-
                                               Treasurer of the United States, from the                the RECORD, as follows:                                less such foreign corporation has made an
                                               date of the breach.                                                                                            election under section 7701(p)(1).’’.
                                                                                                                            S. 4063
                                                 ‘‘(g) REPORT.—Not later than 4 years after                                                                     (B) EFFECTIVE DATE.—The amendment
                                               the date of enactment of this section, the                Be it enacted by the Senate and House of Rep-        made by this section shall take effect as if
                                               Secretary shall submit to the Committee on              resentatives of the United States of America in        included in section 2303(b) of the CARES Act.
                                               Health, Education, Labor, and Pensions of               Congress assembled,                                      (2) INCREASED LIMITATION ON BUSINESS IN-
                                               the Senate and the Committee on Energy                  SECTION 1. SHORT TITLE.                                TEREST.—
                                               and Commerce of the House of Representa-                 This Act may be cited as the ‘‘Impact Aid               (A) IN GENERAL.—Section 163(j)(10) of the
                                               tives a report that evaluates the demonstra-            Coronavirus Relief Act’’.                              Internal Revenue Code of 1986 is amended by
                                               tion project established under this section,            SEC. 2. USE OF PRIOR APPLICATION STUDENT               adding at the end the following new subpara-
                                               including—                                                         COUNT DATA FOR FISCAL YEAR 2022             graph:
                                                 ‘‘(1) the effects of such program on health                      IMPACT AID APPLICATIONS.                      ‘‘(C) SPECIAL RULE FOR INVERTED DOMESTIC
                                               care access in underserved areas and health               Due to the public health emergency relat-            CORPORATIONS.—Subparagraphs (A) and (B)
                                               professional shortage areas and on public               ing to COVID–19 and notwithstanding sec-               shall not apply to any foreign corporation
                                               health emergency response capacity;                     tions 7002(j) and 7003(c) of the Elementary            for any taxable year in which such corpora-
                                                 ‘‘(2) the effects of such program on the              and Secondary Education Act of 1965 (20                tion is an inverted domestic corporation (as
                                               health care provider workforce pipeline, in-            U.S.C. 7702(j), 7703(c)), a local educational          defined in section 7701(p)(2)), or to any mem-
                                               cluding any impact on the demographic rep-              agency desiring to receive a payment under             ber of the expanded affiliated group (as de-
                                               resentation among, and the fields or special-           section 7002 or 7003 of such Act (20 U.S.C.            fined in section 7874(c)(1)) of such a foreign
                                               ties pursued by, students in approved grad-             7702, 7703) for fiscal year 2022 that also sub-        corporation, unless such foreign corporation
                                               uate training programs in medicine, osteo-              mitted an application for such payment for             has made an election under section
                                               pathic medicine, dentistry, behavioral and              fiscal year 2021 may, in the application sub-          7701(p)(1).’’.
                                               mental health, or other health profession;              mitted under section 7005 of such Act (20                (B) EFFECTIVE DATE.—The amendment
                                                 ‘‘(3) the impact of such program on the en-           U.S.C. 7705) for fiscal year 2022—                     made by this section shall take effect as if
                                               rollment, participation, and completion of                (1) with respect to a requested payment              included in section 2306 of the CARES Act.
                                               requirements in the underlying scholarship              under section 7002 of such Act, use the Fed-             (3) FEDERAL RESERVE EMERGENCY LENDING
                                               and loan repayment programs of the Na-                  eral property valuation data relating to cal-          FACILITIES.—
                                               tional Health Service Corps;                            culating such payment that was submitted                 (A) IN GENERAL.—No inverted domestic cor-




SSpencer on DSK126QN23PROD with SENATE
                                                 ‘‘(4) the effects of such program on the Na-          by the local educational agency in the appli-          poration, as defined in section 7701(p)(2) of
                                               tional Disaster Medical System’s response               cation for fiscal year 2021;                           the Internal Revenue Code of 1986, or any
                                               capability,     readiness,    and   workforce             (2) with respect to a requested payment              member of the expanded affiliated group (as
                                               strength; and                                           under section 7003 of such Act, use the stu-           defined in section 7874(c)(1) of such Code) of
                                                 ‘‘(5) recommendations for improving the               dent count data relating to calculating such           such inverted domestic corporation, may
                                               demonstration project described in this sec-            payment that was submitted by the local                participate in any program or facility estab-
                                               tion, and any other considerations as the               educational agency in the application for fis-         lished by the Board of Governors of the Fed-
                                               Secretary determines appropriate.’’.                    cal year 2021, provided that for purposes of           eral Reserve System under the authority of




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                                               S3210                                             CONGRESSIONAL RECORD — SENATE                                                          June 24, 2020
                                               section 13(3) of the Federal Reserve Act (12            business activities of such expanded affili-           year, and for other purposes; which was or-
                                               U.S.C. 343) and with funding authorized                 ated group. For purposes of the preceding              dered to lie on the table.
                                               under section 4003 of the CARES Act (Public             sentence, the term ‘substantial business ac-             SA 1677. Mr. PAUL submitted an amend-
                                               Law 116–136), including the Primary Market              tivities’ shall have the meaning given such            ment intended to be proposed by him to the
                                               Corporate Credit Facility and the Secondary             term under regulations in effect on January            bill S. 3985, to improve and reform policing
                                               Market Corporate Credit Facility.                       18, 2017, except that the Secretary may issue          practices, accountability, and transparency;
                                                 (B) EXCEPTION.—Subparagraph (A) shall                 regulations increasing the threshold percent           which was ordered to lie on the table.
                                               not apply if the inverted domestic corpora-             in any of the tests under such regulations for           SA 1678. Mr. PAUL submitted an amend-
                                               tion makes an election under section                    determining if business activities constitute          ment intended to be proposed by him to the
                                               7701(p)(1) of the Internal Revenue Code of              substantial business activities for purposes           bill S. 3985, supra; which was ordered to lie
                                               1986.                                                   of this paragraph.                                     on the table.
                                                 (C) APPLICABILITY.—This paragraph shall                  ‘‘(4) MANAGEMENT AND CONTROL.—For pur-                SA 1679. Mr. PAUL submitted an amend-
                                               apply to participation in any program or fa-            poses of paragraph (2)(B)(ii)—                         ment intended to be proposed by him to the
                                               cility described in subparagraph (A) estab-                ‘‘(A) IN GENERAL.—The Secretary shall pre-          bill S. 3985, supra; which was ordered to lie
                                               lished before, on, or after the date of enact-          scribe regulations for purposes of deter-              on the table.
                                               ment of this Act.                                       mining cases in which the management and                 SA 1680. Mr. PAUL submitted an amend-
                                                 (b) ELECTION TO TREAT INVERTED DOMESTIC               control of an expanded affiliated group is to          ment intended to be proposed by him to the
                                               CORPORATIONS AS DOMESTIC CORPORATIONS.—                 be treated as occurring, directly or indi-             bill S. 3985, supra; which was ordered to lie
                                                 (1) INVERTED DOMESTIC CORPORATIONS.—                  rectly, primarily within the United States.            on the table.
                                               Section 7701 of the Internal Revenue Code of            The regulations prescribed under the pre-                SA 1681. Ms. WARREN submitted an
                                               1986 is amended by redesignating subsection             ceding sentence shall apply to periods after           amendment intended to be proposed by her
                                               (p) as subsection (q) and by inserting after            March 4, 2003.                                         to the bill S. 4049, to authorize appropria-
                                               subsection (o) the following new subsection:               ‘‘(B) EXECUTIVE OFFICERS AND SENIOR MAN-            tions for fiscal year 2021 for military activi-
                                                 ‘‘(p) INVERTED DOMESTIC CORPORATIONS.—                                                                       ties of the Department of Defense, for mili-
                                                                                                       AGEMENT.—Such regulations shall provide
                                                 ‘‘(1) ELECTION TO BE TREATED AS A DOMESTIC                                                                   tary construction, and for defense activities
                                                                                                       that the management and control of an ex-
                                               CORPORATION.—                                                                                                  of the Department of Energy, to prescribe
                                                                                                       panded affiliated group shall be treated as
                                                 ‘‘(A) IN GENERAL.—Notwithstanding para-                                                                      military personnel strengths for such fiscal
                                                                                                       occurring, directly or indirectly, primarily
                                               graphs (4) and (5) of subsection (a), an in-                                                                   year, and for other purposes; which was or-
                                                                                                       within the United States if substantially all
                                               verted domestic corporation may elect to be                                                                    dered to lie on the table.
                                                                                                       of the executive officers and senior manage-
                                               treated as a domestic corporation for taxable                                                                    SA 1682. Ms. WARREN (for herself and Mr.
                                                                                                       ment of the expanded affiliated group who
                                               years beginning with the last taxable year                                                                     PORTMAN) submitted an amendment intended
                                               which begins before January 1, 2018.                    exercise day-to-day responsibility for mak-
                                                                                                       ing decisions involving strategic, financial,          to be proposed by her to the bill S. 4049,
                                                 ‘‘(B) ELECTION.—An election under this                                                                       supra; which was ordered to lie on the table.
                                               subsection—                                             and operational policies of the expanded af-
                                                                                                       filiated group are based or primarily located            SA 1683. Mr. MENENDEZ submitted an
                                                 ‘‘(i) shall be made not later than 30 days                                                                   amendment intended to be proposed by him
                                               after the date of the enactment of this sub-            within the United States. Individuals who in
                                                                                                       fact exercise such day-to-day responsibilities         to the bill S. 4049, supra; which was ordered
                                               section, and                                                                                                   to lie on the table.
                                                 ‘‘(ii) once made, shall be irrevocable.               shall be treated as executive officers and
                                                                                                       senior management regardless of their title.             SA 1684. Ms. DUCKWORTH (for herself and
                                                 ‘‘(C) TIME FOR FILING RETURNS AND PAY-                                                                       Mr. SCOTT of South Carolina) submitted an
                                               MENT OF TAXES.—Notwithstanding sections                    ‘‘(5) SIGNIFICANT DOMESTIC BUSINESS ACTIVI-
                                                                                                       TIES.—For purposes of paragraph (2)(B)(ii),
                                                                                                                                                              amendment intended to be proposed by her
                                               6072 and 6151, any return for any taxable year                                                                 to the bill S. 4049, supra; which was ordered
                                               ending before the date described in subpara-            an expanded affiliated group has significant
                                                                                                       domestic business activities if at least 25            to lie on the table.
                                               graph (B)(i), and any payment of taxes or                                                                        SA 1685. Ms. DUCKWORTH submitted an
                                               penalties, shall not be considered due before           percent of—
                                                                                                          ‘‘(A) the employees of the group are based          amendment intended to be proposed by her
                                               January 1, 2021.                                                                                               to the bill S. 4049, supra; which was ordered
                                                 ‘‘(2) INVERTED DOMESTIC CORPORATION.—For              in the United States,
                                                                                                          ‘‘(B) the employee compensation incurred            to lie on the table.
                                               purposes of this subsection, the term ‘in-                                                                       SA 1686. Ms. DUCKWORTH (for herself and
                                               verted domestic corporation’ means any for-             by the group is incurred with respect to em-
                                                                                                                                                              Mr. RISCH) submitted an amendment in-
                                               eign corporation which, pursuant to a plan              ployees based in the United States,
                                                                                                                                                              tended to be proposed by her to the bill S.
                                               (or a series of related transactions)—                     ‘‘(C) the assets of the group are located in
                                                                                                                                                              4049, supra; which was ordered to lie on the
                                                 ‘‘(A) completes after March 4, 2003, the di-          the United States, or
                                                                                                                                                              table.
                                               rect or indirect acquisition of—                           ‘‘(D) the income of the group is derived in
                                                                                                                                                                SA 1687. Ms. HIRONO submitted an amend-
                                                 ‘‘(i) substantially all of the properties held        the United States,
                                                                                                                                                              ment intended to be proposed by her to the
                                               directly or indirectly by a domestic corpora-           determined in the same manner as such de-
                                                                                                                                                              bill S. 4049, supra; which was ordered to lie
                                               tion, or                                                terminations are made for purposes of deter-
                                                                                                                                                              on the table.
                                                 ‘‘(ii) substantially all of the assets of, or         mining substantial business activities under
                                                                                                                                                                SA 1688. Mr. BLUMENTHAL (for himself,
                                               substantially all of the properties consti-             regulations referred to in paragraph (3) as in
                                                                                                                                                              Mr. MURPHY, Mrs. GILLIBRAND, and Mr. SCHU-
                                               tuting a trade or business of, a domestic               effect on January 18, 2017, but applied by
                                                                                                                                                              MER) submitted an amendment intended to
                                               partnership, and                                        treating all references in such regulations to
                                                                                                                                                              be proposed by him to the bill S. 4049, supra;
                                                 ‘‘(B) after the acquisition, either—                  ‘foreign country’ and ‘relevant foreign coun-
                                                                                                                                                              which was ordered to lie on the table.
                                                 ‘‘(i) more than 50 percent of the stock (by           try’ as references to ‘the United States’. The           SA 1689. Mr. BLUMENTHAL (for himself
                                               vote or value) of the corporation is held—              Secretary may issue regulations decreasing             and Mrs. SHAHEEN) submitted an amendment
                                                 ‘‘(I) in the case of an acquisition with re-          the threshold percent in any of the tests              intended to be proposed by him to the bill S.
                                               spect to a domestic corporation, by former              under such regulations for determining if              4049, supra; which was ordered to lie on the
                                               shareholders of the domestic corporation by             business activities constitute significant do-         table.
                                               reason of holding stock in the domestic cor-            mestic business activities for purposes of               SA 1690. Mr. BLUMENTHAL (for himself,
                                               poration, or                                            this paragraph.                                        Ms. BALDWIN, Ms. WARREN, and Mrs. GILLI-
                                                 ‘‘(II) in the case of an acquisition with re-            ‘‘(6) DEFINITIONS AND OTHER RULES.—                 BRAND) submitted an amendment intended to
                                               spect to a domestic partnership, by former                 ‘‘(A) EXPANDED AFFILIATED GROUP.—The                be proposed by him to the bill S. 4049, supra;
                                               partners of the domestic partnership by rea-            term ‘expanded affiliated group’ has the               which was ordered to lie on the table.
                                               son of holding a capital or profits interest in         meaning give such term under section                     SA 1691. Mr. BLUMENTHAL (for himself,
                                               the domestic partnership, or                            7874(c)(1).                                            Ms. BALDWIN, Mrs. GILLIBRAND, and Mr.
                                                 ‘‘(ii) the management and control of the                 ‘‘(B) OTHER RULES.—Rules similar to the             WYDEN) submitted an amendment intended
                                               expanded affiliated group which includes the            rules of paragraphs (2), (3), (5), and (6) of sec-     to be proposed by him to the bill S. 4049,
                                               corporation occurs, directly or indirectly,             tion 7874(c) shall apply for purposes of this          supra; which was ordered to lie on the table.
                                               primarily within the United States, and such            subsection.’’.                                           SA 1692. Ms. HIRONO (for herself and Mr.
                                               expanded affiliated group has significant do-                             f                                    SULLIVAN) submitted an amendment in-
                                               mestic business activities.                                                                                    tended to be proposed by her to the bill S.
                                                 ‘‘(3) EXCEPTION FOR CORPORATIONS WITH                      AMENDMENTS SUBMITTED AND                          4049, supra; which was ordered to lie on the
                                               SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN                          PROPOSED                                   table.




SSpencer on DSK126QN23PROD with SENATE
                                               COUNTRY OF ORGANIZATION.—Such term shall                  SA 1676. Mr. ROUNDS submitted an                       SA 1693. Mr. MORAN (for himself, Mr.
                                               not include a foreign corporation described             amendment intended to be proposed by him               UDALL, Mrs. BLACKBURN, Mr. BOOZMAN, Mrs.
                                               in paragraph (2) if after the acquisition the           to the bill S. 4049, to authorize appropria-           CAPITO, and Mr. ROUNDS) submitted an
                                               expanded affiliated group which includes the            tions for fiscal year 2021 for military activi-        amendment intended to be proposed by him
                                               corporation has substantial business activi-            ties of the Department of Defense, for mili-           to the bill S. 4049, supra; which was ordered
                                               ties in the foreign country in which or under           tary construction, and for defense activities          to lie on the table.
                                               the law of which the corporation is created             of the Department of Energy, to prescribe                SA 1694. Mr. MORAN (for himself and Mr.
                                               or organized when compared to the total                 military personnel strengths for such fiscal           TESTER) submitted an amendment intended




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