Congressional Record — Senate, August 4, 2020, Page S4856
Summary
Page S4856 of the Senate section of the Congressional Record for August 4, 2020, in interleaved columns, carrying amendment text for the S. 178 Xinjiang bill. The text would amend section 4003(c)(1)(A) of the CARES Act so loans prioritize credit to eligible businesses, States and municipalities even if losses are estimated, and extends temporary relief provisions from 2020 into 2021. It adds $25,000,000,000 and $7,825,000,000 for the Public Health and Social Services Emergency Fund, and a healthcare operating loss loan program under the Secretary of Housing and Urban Development. Amendments SA 2541 through SA 2544 are filed by Mr. Barrasso, Mr. Crapo and Mr. Wicker.
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“Congressional Record — Senate, August 4, 2020, Page S4856.”
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S4856 CONGRESSIONAL RECORD — SENATE August 4, 2020
paragraph in this Act: Provided further, That that have been reimbursed from other which was ordered to lie on the table;
funds appropriated under this paragraph in sources or that other sources are obligated as follows:
this Act shall be available for building or to reimburse: Provided further, That recipi-
At the appropriate place, insert the fol-
construction of temporary structures, leas- ents of payments under this paragraph shall
lowing:
ing of properties, medical supplies and equip- submit reports and maintain documentation
as the Secretary determines are needed to SEC. ll. CLARIFICATION ON 13(3) FACILITIES
ment including personal protective equip-
UNDER THE CARES ACT.
ment and testing supplies, increased work- ensure compliance with conditions that are
imposed by this paragraph for such pay- Section 4003(c)(1)(A) of the CARES Act (15
force and trainings, emergency operation
ments, and such reports and documentation U.S.C. 9042(c)(1)(A)) is amended by adding
centers, retrofitting facilities, and surge ca-
shall be in such form, with such content, and ‘‘In making loans, loan guarantees, and
pacity: Provided further, That, in this para-
in such time as the Secretary may prescribe other investments under subsection (b)(4),
graph, the term ‘‘payment’’ means a pre-pay-
for such purpose: Provided further, That ‘‘eli- the Secretary shall prioritize the provision
ment, prospective payment, or retrospective
gible health care providers’’ means public of credit and liquidity to assist eligible busi-
payment, as determined appropriate by the
entities, Medicare or Medicaid enrolled sup- nesses, States and municipalities, even if the
Secretary: Provided further, That payments
pliers and providers, and such for-profit enti- Secretary estimates that such loans, loan
under this paragraph shall be made in con-
ties and not-for-profit entities not otherwise guarantees, or investments may incur
sideration of the most efficient payment sys-
described in this proviso as the Secretary losses.’’ after the period at the end.
tems practicable to provide emergency pay-
ment: Provided further, That to be eligible for may specify, within the United States (in- SEC. ll. EXTENSIONS OF TEMPORARY RELIEF
cluding territories), that provide diagnoses, AND EMERGENCY AUTHORITIES.
a payment under this paragraph, an eligible
health care provider shall submit to the Sec- testing, or care for individuals with possible (a) IN GENERAL.—Title IV of the CARES
retary of Health and Human Services an ap- or actual cases of COVID–19: Provided further, Act (Public Law 116–136) is amended—
plication that includes a statement justi- That the Secretary of Health and Human (1) in section 4012(b)(2)(B) (15 U.S.C.
fying the need of the provider for the pay- Services shall, on a rolling basis, review ap- 9050(b)(2)(B)), by striking ‘‘2020’’ and insert-
ment and the eligible health care provider plications and make payments under this ing ‘‘2021’’; and
shall have a valid tax identification number: paragraph in this Act: Provided further, That (2) in section 4016(b)(2), by striking ‘‘2020’’
Provided further, That, not later than 3 years funds appropriated under this paragraph in and inserting ‘‘2021’’.
after final payments are made under this this Act shall be available for building or (b) TEMPORARY CREDIT UNION PROVISIONS.—
paragraph, the Office of Inspector General of construction of temporary structures, leas- Section 307(a)(4)(A) of the Federal Credit
the Department of Health and Human Serv- ing of properties, medical supplies and equip- Union Act (12 U.S.C. 1795f(a)(4)(A)) is amend-
ices shall transmit a final report on audit ment including personal protective equip- ed by striking ‘‘December 31, 2020’’ and in-
findings with respect to this program to the ment and testing supplies, increased work- serting ‘‘December 31, 2021’’.
Committees on Appropriations of the House force and trainings, emergency operation SEC. ll. EXTENSION OF TEMPORARY RELIEF
of Representatives and the Senate: Provided centers, retrofitting facilities, and surge ca- FROM TROUBLED DEBT
pacity: Provided further, That, in this para- RESTRUCTURINGS AND INSURER
further, That nothing in this section limits CLARIFICATION.
the authority of the Inspector General or the graph, the term ‘‘payment’’ means a pre-pay-
ment, prospective payment, or retrospective Section 4013 of the CARES Act (15 U.S.C.
Comptroller General to conduct audits of in- 9051) is amended—
payment, as determined appropriate by the
terim payments at an earlier date: Provided (1) by inserting ‘‘, including an insurance
Secretary: Provided further, That payments
further, That not later than 60 days after the company,’’ after ‘‘institution’’ each place the
under this paragraph shall be made in con-
date of enactment of this Act, the Secretary term appears;
sideration of the most efficient payment sys-
of Health and Human Services shall provide (2) in subsection (a)(1), by striking ‘‘De-
tems practicable to provide emergency pay-
a report to the Committees on Appropria- cember 31, 2020’’ and inserting ‘‘January 1,
ment: Provided further, That to be eligible for
tions of the House of Representatives and 2022’’; and
a payment under this paragraph, an eligible
the Senate on obligation of funds, including (3) in subsection (d)(1), by inserting ‘‘, in-
health care provider shall submit to the Sec-
obligations to such eligible health care pro- cluding insurance companies,’’ after ‘‘insti-
retary of Health and Human Services an ap-
viders summarized by State of the payment plication that includes a statement justi- tutions’’.
receipt: Provided further, That such reports fying the need of the provider for the pay- SEC. ll. EXTENSION OF TEMPORARY OPTIONAL
shall be updated and submitted to such Com- ment and the eligible health care provider TEMPORARY RELIEF FROM CUR-
mittees every 60 days until funds are ex- shall have a valid tax identification number: RENT EXPECTED CREDIT LOSSES
pended: Provided further, That such amount Provided further, That, not later than 3 years AND APPLICATION TO PERSONS.
is designated by the Congress as being for an after final payments are made under this Section 4014 of the CARES Act (15 U.S.C.
emergency requirement pursuant to section paragraph, the Office of Inspector General of 9052(b)) is amended—
251(b)(2)(A)(i) of the Balanced Budget and the Department of Health and Human Serv- (1) in subsection (b)—
Emergency Deficit Control Act of 1985. ices shall transmit a final report on audit (A) in the matter preceding paragraph (1),
findings with respect to this program to the by striking ‘‘insured depository institution,
SA 2541. Mr. BARRASSO submitted bank holding company, or any affiliate
Committees on Appropriations of the House
an amendment intended to be proposed of Representatives and the Senate: Provided thereof’’ and inserting ‘‘person’’;
by him to the bill S. 178, to condemn further, That nothing in this section limits (B) in paragraph (1), by inserting ‘‘the first
gross human rights violations of ethnic the authority of the Inspector General or the day of the fiscal year of the person that be-
Turkic Muslims in Xinjiang, and call- Comptroller General to conduct audits of in- gins after’’ before ‘‘the date’’; and
ing for an end to arbitrary detention, terim payments at an earlier date: Provided (C) in paragraph (2), by striking ‘‘December
torture, and harassment of these com- further, That not later than 60 days after the 31, 2020’’ and inserting with ‘‘January 1,
date of enactment of this Act, the Secretary 2023’’; and
munities inside and outside China;
of Health and Human Services shall provide (2) by striking ‘‘(a) DEFINITIONS’’ and all
which was ordered to lie on the table; that follows through ‘‘STANDARDS’’.
a report to the Committees on Appropria-
as follows: tions of the House of Representatives and SEC. ll. TEMPORARY AUTHORITY ON LEVER-
At the appropriate place, insert the fol- the Senate on obligation of funds, including AGE AND RISK-BASED CAPITAL RE-
lowing: obligations to such eligible health care pro- QUIREMENTS.
TITLE ll— viders summarized by State of the payment Section 171 of the Financial Stability Act
DEPARTMENT OF HEALTH AND HUMAN receipt: Provided further, That such reports of 2010 (12 U.S.C. 5371) is amended by adding
SERVICES shall be updated and submitted to such Com- at the end the following:
mittees every 60 days until funds are ex- ‘‘(d) TEMPORARY AUTHORITY.—
OFFICE OF THE SECRETARY
pended: Provided further, That such amount ‘‘(1) DEFINITION.—In this subsection, the
PUBLIC HEALTH AND SOCIAL SERVICES term ‘appropriate Federal banking agency’—
is designated by the Congress as being for an
EMERGENCY FUND ‘‘(A) has the meaning given the term in
emergency requirement pursuant to section
(INCLUDING TRANSFER OF FUNDS) 251(b)(2)(A)(i) of the Balanced Budget and section 2; and
For an additional amount for ‘‘Public Emergency Deficit Control Act of 1985. ‘‘(B) means the Board of Governors, in the
Health and Social Services Emergency case of a nonbank financial company super-
Fund’’, $25,000,000,000, to remain available SA 2542. Mr. CRAPO submitted an vised by the Board of Governors.
until expended, to prevent, prepare for, and amendment intended to be proposed to ‘‘(2) TEMPORARY AUTHORITY.—
SSpencer on DSK126QN23PROD with SENATE
respond to coronavirus, domestically or amendment SA 2499 proposed by Mr. ‘‘(A) IN GENERAL.—Notwithstanding any
internationally, which shall be for necessary MCCONNELL to the bill S. 178, to con- other provision of this section or any other
expenses to reimburse, through grants or law or regulation, if any appropriate Federal
demn gross human rights violations of
other mechanisms, eligible health care pro- banking agency determines that unusual and
viders for health care related expenses or ethnic Turkic Muslims in Xinjiang, and exigent circumstances exist or are otherwise
lost revenues that are attributable to calling for an end to arbitrary deten- imminent, the appropriate Federal banking
coronavirus: Provided, That these funds may tion, torture, and harassment of these agency shall have the authority, by rule or
not be used to reimburse expenses or losses communities inside and outside China; order, to make such temporary adjustments
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4857
to the method of calculating the generally (C) 1 year of mortgage insurance premiums established for such program; and shall be
applicable leverage capital requirements or for the loans described in subparagraphs (A) subject to the process requirements applica-
other leverage requirement of an insured de- and (B); ble to such program: Provided further, That
pository institution, a depository institution (D) 1 year of monthly deposits to reserve the Secretary may specify a minimum
holding company, or a nonbank financial accounts required by the Secretary for the amount for each eligible entity accepting as-
company supervised by the Board of Gov- loans described in subparagraphs (A) and (B); sistance under the two previous provisos:
ernors for purposes of compliance with this (E) 1 year of property taxes and insurance Provided further, That such amount is des-
section as the appropriate Federal banking for the healthcare facility; and ignated by the Congress as being for an
agency determines necessary to address or (F) transaction costs, including legal fees, emergency requirement pursuant to section
avoid a severe economic stress situation. for the loans described in subparagraphs (A) 251(b)(2)(A)(i) of the Balanced Budget and
‘‘(B) DURATION.— and (B). Emergency Deficit Control Act of 1985.
‘‘(i) IN GENERAL.—Except as provided in
clause (ii), any temporary adjustment made SA 2543. Mr. WICKER submitted an SA 2544. Mr. WICKER submitted an
under subparagraph (A) shall be for a period amendment intended to be proposed by amendment intended to be proposed to
of not longer than 12 months after the date him to the bill S. 178, to condemn gross amendment SA 2499 proposed by Mr.
on which the determination is made under
human rights violations of ethnic MCCONNELL to the bill S. 178, to con-
subparagraph (A).
‘‘(ii) ADDITIONAL PERIODS.—A temporary Turkic Muslims in Xinjiang, and call- demn gross human rights violations of
adjustment made under subparagraph (A) ing for an end to arbitrary detention, ethnic Turkic Muslims in Xinjiang, and
may be extended for a period of not longer torture, and harassment of these com- calling for an end to arbitrary deten-
than 180 days after the date on which the pe- munities inside and outside China; tion, torture, and harassment of these
riod described in clause (i) expires to permit which was ordered to lie on the table; communities inside and outside China;
institutions and companies to return to com- as follows: which was ordered to lie on the table;
pliance with the generally applicable lever- as follows:
At the appropriate place, insert the fol-
age capital requirements or other leverage
lowing: At the appropriate place, insert the fol-
requirements, if the appropriate Federal
banking agency determines such an exten- TITLE ll— lowing:
sion is necessary.’’. DEPARTMENT OF HEALTH AND HUMAN TITLE ll—
SEC. ll. HEALTHCARE OPERATING LOSS LOANS. SERVICES DEPARTMENT OF HEALTH AND HUMAN
(a) DEFINITIONS.—In this section: OFFICE OF THE SECRETARY SERVICES
(1) OPERATING LOSS.—The term ‘‘operating PUBLIC HEALTH AND SOCIAL SERVICES OFFICE OF THE SECRETARY
loss’’ has the meaning given the term in sec- EMERGENCY FUND PUBLIC HEALTH AND SOCIAL SERVICES
tion 223(d) of the National Housing Act (12 For an additional amount for ‘‘Public EMERGENCY FUND
U.S.C. 1715n(d)). Health and Social Services Emergency For an additional amount for ‘‘Public
(2) SECRETARY.—The term ‘‘Secretary’’ Fund’’, $7,825,000,000, to remain available Health and Social Services Emergency
means the Secretary of Housing and Urban until September 30, 2022, to prevent, prepare Fund’’, $7,825,000,000, to remain available
Development. for, and respond to coronavirus, domestically until September 30, 2022, to prevent, prepare
(b) AUTHORIZATION TO PROVIDE MORTGAGE
or internationally: Provided, That for, and respond to coronavirus, domestically
INSURANCE.—Notwithstanding any other pro-
vision of law, for fiscal years 2020 and 2021, in $7,600,000,000 of the funds appropriated under or internationally: Provided, That
addition to the authority provided to insure this paragraph in this Act shall be trans- $7,600,000,000 of the funds appropriated under
operating loss loans under section 223(d) of ferred to ‘‘Health Resources and Services Ad- this paragraph in this Act shall be trans-
the National Housing Act (12 U.S.C. ministration—Primary Health Care’’ for ferred to ‘‘Health Resources and Services Ad-
1715n(d)), the Secretary may insure or enter grants, cooperative agreements, and other ministration—Primary Health Care’’ for
into commitments to ensure mortgages necessary expenses under the Health Centers grants, cooperative agreements, and other
under such section 223(d) with respect to Program, as defined by section 330 of the necessary expenses under the Health Centers
healthcare facilities— PHS Act, including funding for alteration, Program, as defined by section 330 of the
(1) insured under section 232 or section 242 renovation, construction, equipment, and PHS Act, including funding for alteration,
of the National Housing Act (12 U.S.C. 1715w, other capital improvement costs, and includ- renovation, construction, equipment, and
1715z–7); ing funding to support, maintain, or increase other capital improvement costs, and includ-
(2) that were financially sound imme- health center capacity and staffing levels, as ing funding to support, maintain, or increase
diately prior to the President’s March 13, necessary, to meet the needs of areas af- health center capacity and staffing levels, as
2020 Proclamation on Declaring a National fected by coronavirus: Provided further, That necessary, to meet the needs of areas af-
Emergency Concerning the Novel sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii), fected by coronavirus: Provided further, That
Coronavirus Disease (COVID–19) Outbreak; and 330(e)(6)(B)(iii) of the PHS Act shall not sections 330(r)(2)(B), 330(e)(3), 330(e)(6)(A)(iii),
(3) that have exhausted all other forms of apply to funds in the preceding proviso: Pro- and 330(e)(6)(B)(iii) of the PHS Act shall not
assistance; and vided further, That funding made available apply to funds in the preceding proviso: Pro-
(4) subject to— under this paragraph in this Act shall not be vided further, That funding made available
(A) the limitation for new commitments to subject to requirements under the National under this paragraph in this Act shall not be
guarantee loans insured under the General Environmental Policy Act of 1969 or the Na- subject to requirements under the National
and Special Risk Insurance Funds under the tional Historic Preservation Act of 1966: Pro- Environmental Policy Act of 1969 or the Na-
heading ‘‘General and Special Risk Program vided further, That for the purposes of any tional Historic Preservation Act of 1966: Pro-
Account’’ for fiscal years 2020 and 2021; and funding provided for fiscal year 2020 for the vided further, That for the purposes of any
(B) the underwriting parameters and other Health Centers Program pursuant to section funding provided for fiscal year 2020 for the
terms and conditions that the Secretary de- 330 of the PHS Act (42 U.S.C. 254b), maintain- Health Centers Program pursuant to section
termines appropriate through guidance. ing current health center capacity and staff- 330 of the PHS Act (42 U.S.C. 254b), maintain-
(c) AMOUNT OF LOAN.—After all other real- ing levels during a public health emergency ing current health center capacity and staff-
ized or reasonably anticipated assistance (in- as a result of the coronavirus and any re- ing levels during a public health emergency
cluding reimbursements, loans, or other pay- newal of such declaration pursuant to such as a result of the coronavirus and any re-
ments from other Federal sources) are taken section 319 shall be deemed a cost of preven- newal of such declaration pursuant to such
into account, a loan insured under sub- tion, diagnosis, and treatment of section 319 shall be deemed a cost of preven-
section (b) shall be in an amount not exceed- coronavirus: Provided further, That of the tion, diagnosis, and treatment of
ing the lesser of— amount appropriated under this paragraph in coronavirus: Provided further, That of the
(1) the temporary losses or additional ex- this Act, $225,000,000 shall be for grants or amount appropriated under this paragraph in
penses incurred or expected to be incurred by other mechanisms, to rural health clinics as this Act, $225,000,000 shall be for grants or
the healthcare facility as a result of the im- defined in section 1861(aa)(2) of the Social other mechanisms, to rural health clinics as
pact of the circumstances giving rise to the Security Act with such funds also available defined in section 1861(aa)(2) of the Social
President’s March 13, 2020 Proclamation on to such entities for building or construction Security Act with such funds also available
Declaring a National Emergency Concerning of temporary structures, leasing of prop- to such entities for building or construction
the Novel Coronavirus Disease (COVID–19) erties, and retrofitting facilities as nec- of temporary structures, leasing of prop-
SSpencer on DSK126QN23PROD with SENATE
Outbreak; or essary to support COVID–19 testing: Provided erties, and retrofitting facilities as nec-
(2) the amount expected to be needed to further, That such funds shall be distributed essary to support COVID–19 testing: Provided
cover the sum of— using the procedures developed for the Pro- further, That such funds shall be distributed
(A) 1 year of principal and interest pay- vider Relief Fund authorized under the third using the procedures developed for the Pro-
ments for the existing loans of the paragraph under this heading in division B of vider Relief Fund authorized under the third
healthcare facility insured by the Secretary; the Coronavirus Aid, Relief, and Economic paragraph under this heading in division B of
(B) 1 year of principal and interest pay- Security Act (Public Law 116–136); may be the Coronavirus Aid, Relief, and Economic
ments for the loan pursuant to this section; distributed using contracts or agreements Security Act (Public Law 116–136); may be
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