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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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Cite this document

“Congressional Record — Senate, August 4, 2020, Page S4856.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4856-2-2f52da8819/, SHA-256 6baac25282dc70022b2a1295ea86ee2a9c2812b980904562402946727faf42ce.

Full text

                                               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.—




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                                               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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