Congressional Record, Senate — Page S4768, August 4, 2020
Summary
Page S4768 of the Senate section of the Congressional Record for August 4, 2020. It prints amendment text on COVID–19 and nursing homes under a subtitle titled Emergency Support and COVID–19 Protection for Nursing Homes. The Secretary may disband any strike team and rescind a team member's letter of authorization, and may create an interactive website for infection control training materials. A section on transparency in COVID–19 reporting by nursing facilities requires, not later than 10 days after enactment and at least weekly thereafter, a list of participating providers for each Governor. A further section bars use of relief funds to buy goods or services from Communist Chinese military companies.
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“Congressional Record, Senate — Page S4768, August 4, 2020.”
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S4768 CONGRESSIONAL RECORD — SENATE August 4, 2020
(4) Other purposes to assist courts, court (A) the individual’s designation to serve on (3) COORDINATION WITH OTHER FEDERAL EN-
personnel, or related staff related to the 1 or more teams under an emergency procla- TITIES.—The Secretary shall seek input as
COVID–19 public health emergency. mation by the Secretary; appropriate on the training courses devel-
(d) DEFINITIONS.—In this section: (B) the mission of the team; oped under this subsection from the Elder
(1) COVID–19 PUBLIC HEALTH EMERGENCY.— (C) the authority of the individual to per- Justice Coordinating Council and the Direc-
The term ‘‘COVID–19 public health emer- form the team mission; tor of the Centers for Disease Control and
gency’’ means the public health emergency (D) the individual’s authority to access Prevention.
declared by the Secretary pursuant to sec- places, persons, and materials necessary for (4) INTERACTIVE WEBSITE.—The Secretary is
tion 319 of the Public Health Service Act on the team member’s performance of the authorized to create an interactive website
January 31, 2020, entitled ‘‘Determination team’s mission; to disseminate training materials and re-
that a Public Health Emergency Exists Na- (E) the requirement that team members lated information in the areas of infection
tionwide as the Result of the 2019 Novel maintain the confidentiality of patient in- control and prevention, for purposes of car-
Coronavirus’’ and includes any renewal of formation shared with such individuals by a rying out this subsection during the COVID–
such declaration pursuant to such section participating provider; and 19 public health emergency period.
319. (F) the required security background SEC. 214. PROMOTING TRANSPARENCY IN COVID–
(2) SECRETARY.—The term ‘‘Secretary’’ checks that the individual has passed. 19 REPORTING BY NURSING FACILI-
means the Secretary of Health and Human (3) SECRETARIAL OVERSIGHT.—The Sec- TIES.
Services. retary may, at any time, disband any strike Not later than 10 days after the date of en-
Subtitle B—Emergency Support and COVID– team and rescind the letter of authorization actment of this Act, and at least weekly
19 Protection for Nursing Homes for any team member. thereafter during the COVID-19 public health
SEC. 211. DEFINITIONS. (4) TEAM AND MEMBER AUTHORITY.—A team emergency period, the Secretary shall pro-
and team member may not use the letter of vide the Governor of each State with a list of
In this subtitle:
authorization described in paragraph (2) for all participating providers in the State with
(1) COVID–19.—The term ‘‘COVID–19’’
any purpose except in connection with the respect to which the reported cases of
means the 2019 Novel Coronavirus or 2019-
team’s mission of acting in good faith to pro- COVID–19 in visitors to, personnel of, and
nCoV.
mote resident and employee safety in par- residents of, such providers increased during
(2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
ticipating providers in which COVID–19 is the previous week (or, in the case of the first
RIOD.—The term ‘‘COVID–19 public health
confirmed to be present. such list, during the 10-day period beginning
emergency period’’ means the period begin-
(5) ADMINISTRATION.—The Secretary, in on the date of enactment of this Act).
ning on the first day of the emergency period
defined in paragraph (1)(B) of section 1135(g) consultation with the Director of the Cen- SEC. 215. FUNDING.
of the Social Security Act (42 U.S.C. 1320b- ters for Disease Control and Prevention, may The Secretary may use amounts appro-
5(g)) and ending on the last day of the cal- establish protocols and procedures for re- priated for COVID–19 response and related
endar quarter in which the last day of such questing the assistance of a strike team es- activities pursuant to the CARES Act (Pub-
emergency period occurs. tablished under this section and any other lic Law 116–136) and subsequently enacted
(3) NURSING FACILITY.—The term ‘‘nursing procedures deemed necessary for the team’s legislation to carry out this subtitle.
facility’’ has the meaning given that term in operation.
section 1919(a) of the Social Security Act (42 (6) SUPPLEMENTATION OF OTHER RESPONSE SA 2512. Mr. MORAN (for himself and
U.S.C. 1396r(a)). EFFORTS.—Strike teams established by the Mr. BLUMENTHAL) proposed an amend-
(4) PARTICIPATING PROVIDER.—The term Secretary under this section shall supple- ment to the bill S. 2330, to amend the
‘‘participating provider’’ means a skilled ment and not supplant response efforts car- Ted Stevens Olympic and Amateur
nursing facility or a nursing facility that has ried out by a State strike team or a tech- Sports Act to provide for congressional
been assigned a national provider identifier nical assistance team established by the Sec-
retary during the COVID-19 public health
oversight of the board of directors of
number by the Secretary and has executed the United States Olympic and
an agreement to participate in the Medicare emergency period
SEC. 213. PROMOTING COVID–19 TESTING AND IN-
Paralympic Committee and to protect
program established under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) or FECTION CONTROL IN NURSING FA- amateur athletes from emotional,
the Medicaid program established under title CILITIES. physical, and sexual abuse, and for
XIX of such Act (42 U.S.C. 1396 et seq.). (a) NURSING HOME PROTECTIONS.—The Sec- other purposes; as follows:
(5) SECRETARY.—The term ‘‘Secretary’’ retary, in consultation with the Elder Jus- Strike all after the enacting clause and in-
means the Secretary of Health and Human tice Coordinating Council, is authorized dur- sert the following:
Services. ing the COVID–19 public health emergency SECTION 1. SHORT TITLE.
(6) SKILLED NURSING FACILITY.—The term period to enhance efforts by participating This Act may be cited as the ‘‘Empowering
‘‘skilled nursing facility’’ has the meaning providers to respond to COVID–19, including Olympic, Paralympic, and Amateur Athletes
given that term in section 1819(a) of the So- through— Act of 2020’’.
cial Security Act (42 U.S.C. 1395i–3(a)). (1) development of online training courses SEC. 2. FINDINGS.
(7) STATE.—Except as otherwise provided, for personnel of participating providers, sur-
Congress makes the following findings:
the term ‘‘State’’ has the meaning given vey agencies, the long-term care ombudsman
such term for purposes of title XIX of the So- of each State, and other individuals to facili-
SA 2513. Mr. CASSIDY (for himself,
cial Security Act (42 U.S.C. 1396 et seq.). tate the implementation of subsection (b);
(2) enhanced diagnostic testing of visitors Mr. DAINES, Mr. ROMNEY, and Mr.
SEC. 212.ESTABLISHING COVID–19 STRIKE
TEAMS FOR NURSING FACILITIES. to, personnel of, and residents of, partici- RUBIO) submitted an amendment in-
(a) IN GENERAL.—The Secretary is author- pating providers in which measures of tended to be proposed to amendment
ized to establish and support the operation of COVID–19 in the community support more SA 2499 proposed by Mr. MCCONNELL to
strike teams comprised of individuals with frequent testing for COVID–19; the bill S. 178, to condemn gross human
relevant skills, qualifications, and experi- (3) development of training materials for rights violations of ethnic Turkic Mus-
ence to respond to COVID–19-related crises in personnel of participating providers, the lims in Xinjiang, and calling for an end
participating providers during the COVID–19 long-term care ombudsman of each State,
to arbitrary detention, torture, and
public health emergency period, based on and other individuals to facilitate the imple-
mentation of subsection (c); and harassment of these communities in-
data reported by such providers to the Cen-
ters for Disease Control and Prevention. (4) providing support to participating pro- side and outside China; which was or-
(b) MISSION AND COMPOSITION OF STRIKE viders in areas deemed by the Secretary to dered to lie on the table; as follows:
TEAMS.— require additional assistance due to the pres- At the appropriate place, insert the fol-
(1) IN GENERAL.—Strike teams established ence COVID–19 infections. lowing:
by the Secretary may include assessment, (b) TRAINING ON BEST PRACTICES IN INFEC- SEC. lll. SUPPLEMENTARY 2020 RECOVERY RE-
testing, and clinical teams, and a mission for TION CONTROL AND PREVENTION.— BATES FOR INDIVIDUALS.
each such team may include performing (1) IN GENERAL.—The Secretary shall de- (a) IN GENERAL.—Subchapter B of chapter
medical examinations, conducting COVID–19 velop training courses on infection control 65 of subtitle F of the Internal Revenue Code
testing, and assisting participating providers and prevention, including cohorting, strate- of 1986 is amended by inserting after section
with the implementation of infection control gies and use of telehealth to mitigate the 6428 the following new section:
SSpencer on DSK126QN23PROD with SENATE
practices (such as quarantine, isolation, or transmission of COVID–19 in participating ‘‘SEC. 6428A. SUPPLEMENTARY 2020 RECOVERY
disinfection procedures). providers during the COVID–19 public health REBATES FOR INDIVIDUALS.
(2) LETTER OF AUTHORIZATION.—Strike emergency period. ‘‘(a) IN GENERAL.—In addition to the credit
teams and members of such teams shall be (2) DEVELOPMENT.—To the extent prac- allowed under section 6428, in the case of an
subject to the Secretary’s oversight and di- ticable, the training programs developed by eligible individual, there shall be allowed as
rection and the Secretary may issue a letter the Secretary under this subsection shall use a credit against the tax imposed by subtitle
of authorization to team members describ- best practices in infection control and pre- A for the first taxable year beginning in 2020
ing— vention. an amount equal to the sum of—
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4769
‘‘(1) $1,000 ($2,000 in the case of eligible in- tion received from an officer or employee de- States at any time during the taxable year
dividuals filing a joint return), plus scribed in section 3325(a)(1)(B) of such title and the valid identification number of at
‘‘(2) an amount equal to the product of for the purpose of facilitating the accurate least 1 spouse is included on the return of
$1,000 multiplied by the number of depend- and efficient delivery of such payment. Ex- tax for the taxable year.
ents (as defined in section 152(a)) of the tax- cept in cases of fraud or reckless neglect, no ‘‘(6) MATHEMATICAL OR CLERICAL ERROR AU-
payer. liability under sections 3325, 3527, 3528, or THORITY.—Any omission of a correct valid
‘‘(b) TREATMENT OF CREDIT.—The credit al- 3529 of title 31, United States Code, shall be identification number required under this
lowed by subsection (a) shall be treated as imposed with respect to payments made subsection shall be treated as a mathe-
allowed by subpart C of part IV of sub- under this subparagraph. matical or clerical error for purposes of ap-
chapter A of chapter 1. ‘‘(4) NO INTEREST.—No interest shall be al- plying section 6213(g)(2) to such omission.
‘‘(c) LIMITATION BASED ON ADJUSTED GROSS lowed on any overpayment attributable to ‘‘(h) REGULATIONS.—The Secretary shall
INCOME.—The amount of the credit allowed this section. prescribe such regulations or other guidance
by subsection (a) (determined without regard ‘‘(5) ALTERNATE TAXABLE YEAR.—In the as may be necessary to carry out the pur-
to this subsection and subsection (e)) shall case of an individual who, at the time of any poses of this section, including any such
be reduced (but not below zero) by 5 percent determination made pursuant to paragraph measures as are deemed appropriate to avoid
of so much of the taxpayer’s adjusted gross (3), has not filed a tax return for the year de- allowing multiple credits or rebates to a tax-
income as exceeds— scribed in paragraph (1), the Secretary may— payer.’’.
‘‘(1) $150,000 in the case of a joint return, ‘‘(A) apply such paragraph by substituting (b) DEFINITION OF DEFICIENCY.—Section
‘‘(2) $112,500 in the case of a head of house- ‘2018’ for ‘2019’, and 6211(b)(4)(A) of the Internal Revenue Code of
hold, and ‘‘(B) if the individual has not filed a tax re- 1986 is amended by striking ‘‘and 6428’’ and
‘‘(3) $75,000 in the case of a taxpayer not de- turn for such individual’s first taxable year inserting ‘‘6428, and 6428A’’.
scribed in paragraph (1) or (2). beginning in 2018, use information with re- (c) TREATMENT OF POSSESSIONS.—Rules
‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of spect to such individual for calendar year similar to the rules of subsection (c) of sec-
this section, the term ‘eligible individual’ 2019 provided in— tion 2201 of the CARES Act (Public Law 116-
means any individual other than— ‘‘(i) Form SSA–1099, Social Security Ben- 136) shall apply for purposes of this section.
‘‘(1) any nonresident alien individual, efit Statement, or (d) EXCEPTION FROM REDUCTION OR OFF-
‘‘(2) any individual with respect to whom a ‘‘(ii) Form RRB–1099, Social Security SET.—Any credit or refund allowed or made
deduction under section 151 is allowable to Equivalent Benefit Statement. to any individual by reason of section 6428A
another taxpayer for a taxable year begin- ‘‘(6) NOTICE TO TAXPAYER.—Not later than of the Internal Revenue Code of 1986 (as
ning in the calendar year in which the indi- 15 days after the date on which the Secretary added by this section) or by reason of sub-
vidual’s taxable year begins, and distributed any payment to an eligible tax- section (c) of this section shall not be—
‘‘(3) an estate or trust. payer pursuant to this subsection, notice (1) subject to reduction or offset pursuant
‘‘(e) COORDINATION WITH ADVANCE REFUNDS shall be sent by mail to such taxpayer’s last to section 3716 or 3720A of title 31, United
OF CREDIT.— known address. Such notice shall indicate States Code,
‘‘(1) IN GENERAL.—The amount of credit the method by which such payment was (2) subject to reduction or offset pursuant
which would (but for this paragraph) be al- made, the amount of such payment, and a to subsection (d), (e), or (f) of section 6402 of
lowable under this section shall be reduced phone number for the appropriate point of the Internal Revenue Code of 1986, or
(but not below zero) by the aggregate refunds contact at the Internal Revenue Service to (3) reduced or offset by other assessed Fed-
and credits made or allowed to the taxpayer report any failure to receive such payment. eral taxes that would otherwise be subject to
under subsection (f). Any failure to so reduce ‘‘(g) IDENTIFICATION NUMBER REQUIRE- levy or collection.
the credit shall be treated as arising out of MENT.—
(e) PUBLIC AWARENESS CAMPAIGN.—The
a mathematical or clerical error and as- ‘‘(1) IN GENERAL.—In the case of any tax- Secretary of the Treasury (or the Secretary’s
sessed according to section 6213(b)(1). payer who does not include the valid identi-
delegate) shall conduct a public awareness
‘‘(2) JOINT RETURNS.—In the case of a re- fication number of such taxpayer on the re-
campaign, in coordination with the Commis-
fund or credit made or allowed under sub- turn of tax for the taxable year, subsection
sioner of Social Security and the heads of
section (f) with respect to a joint return, half (a)(1) shall be applied by substituting ‘$0’ for
other relevant Federal agencies, to provide
of such refund or credit shall be treated as ‘$1,000’.
information regarding the availability of the
having been made or allowed to each indi- ‘‘(2) JOINT RETURNS.—In the case of a joint
credit and rebate allowed under section
vidual filing such return. return—
‘‘(f) ADVANCE REFUNDS AND CREDITS.— 6428A of the Internal Revenue Code of 1986
‘‘(A) if the valid identification number of
‘‘(1) IN GENERAL.—Subject to paragraph (5), (as added by this section), including informa-
only 1 spouse is included on the return of tax
each individual who was an eligible indi- tion with respect to individuals who may not
for the taxable year—
vidual for such individual’s first taxable year ‘‘(i) subsection (a)(1) shall be applied by have filed a tax return for taxable year 2018
beginning in 2019 shall be treated as having substituting ‘$1,000’ for ‘$2,000’, and or 2019.
(f) CONFORMING AMENDMENTS.—
made a payment against the tax imposed by ‘‘(ii) subsection (c)(1) shall be applied by
(1) Paragraph (2) of section 1324(b) of title
chapter 1 for such taxable year in an amount substituting ‘$75,000’ for ‘$150,000’, or
31, United States Code, is amended by insert-
equal to the advance refund amount for such ‘‘(B) if the valid identification number of
ing ‘‘6428A,’’ after ‘‘6428,’’.
taxable year. neither spouse is included on the return of
(2) The table of sections for subchapter B
‘‘(2) ADVANCE REFUND AMOUNT.—For pur- tax for the taxable year, subsection (a)(1)
of chapter 65 of subtitle F of the Internal
poses of paragraph (1), the advance refund shall be applied by substituting ‘$0’ for
Revenue Code of 1986 is amended by inserting
amount is the amount that would have been ‘$2,000’.
after the item relating to section 6428 the
allowed as a credit under this section for ‘‘(3) DEPENDENT.—A dependent of a tax-
following:
such taxable year if this section (other than payer shall not be taken into account under
subsection (e) and this subsection) had ap- subsection (a)(2) unless— ‘‘Sec. 6428A. Supplementary 2020 Recovery
plied to such taxable year. ‘‘(A) the taxpayer includes the valid identi- Rebates for individuals.’’.
‘‘(3) TIMING AND MANNER OF PAYMENTS.— fication number of such taxpayer (or, in the
‘‘(A) TIMING.—The Secretary shall, subject case of a joint return, the valid identifica- SA 2514. Ms. MCSALLY submitted an
to the provisions of this title, refund or cred- tion number of at least 1 spouse) on the re- amendment intended to be proposed to
it any overpayment attributable to this sec- turn of tax for the taxable year, and amendment SA 2499 proposed by Mr.
tion as rapidly as possible. No refund or cred- ‘‘(B) the valid identification number of MCCONNELL to the bill S. 178, to con-
it shall be made or allowed under this sub- such dependent is included on the return of demn gross human rights violations of
section after December 31, 2020. tax for the taxable year. ethnic Turkic Muslims in Xinjiang, and
‘‘(B) DELIVERY OF PAYMENTS.—Notwith- ‘‘(4) VALID IDENTIFICATION NUMBER.—
calling for an end to arbitrary deten-
standing any other provision of law, the Sec- ‘‘(A) IN GENERAL.—For purposes of this sub-
retary may certify and disburse refunds pay- section, the term ‘valid identification num- tion, torture, and harassment of these
able under this subsection electronically to ber’ means a social security number (as such communities inside and outside China;
any account to which the payee authorized, term is defined in section 24(h)(7)). which was ordered to lie on the table;
on or after January 1, 2018, the delivery of a ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION as follows:
refund of taxes under this title or of a Fed- NUMBER.—For purposes of paragraph (3)(B), At the appropriate place, insert the fol-
eral payment (as defined in section 3332 of in the case of a dependent who is adopted or
SSpencer on DSK126QN23PROD with SENATE
lowing:
title 31, United States Code). placed for adoption, the term ‘valid identi- SEC. ll. PROHIBITION ON USE OF COVID–19 RE-
‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- fication number’ shall include the adoption LIEF FUNDS TO PURCHASE GOODS
standing section 3325 of title 31, United taxpayer identification number of such de- OR SERVICES FROM COMMUNIST
States Code, or any other provision of law, pendent. CHINESE MILITARY COMPANIES.
with respect to any payment of a refund ‘‘(5) SPECIAL RULE FOR MEMBERS OF THE (a) IN GENERAL.—None of the funds de-
under this subsection, a disbursing official in ARMED FORCES.—Paragraph (2) shall not scribed in subsection (b) may be obligated or
the executive branch of the United States apply in the case where at least 1 spouse was expended to purchase goods or services from
Government may modify payment informa- a member of the Armed Forces of the United a person on the list required by section
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