Congressional Record, Senate - August 4, 2020, S4880
Summary
This is page S4880 of the Congressional Record, Senate, August 4, 2020, with interleaved columns. It prints the later part of a liability title, including a section on liability for conducting coronavirus testing at the workplace, a section on joint employment and independent contracting, an exclusion of certain job losses from the definition of employment loss during the covered period, and a severability section. It also prints SA 2566, submitted by Mrs. Hyde-Smith as an amendment to amendment SA 2499 proposed by Mr. McConnell. Section 3 of SA 2566 would extend Medicare telehealth flexibilities for federally qualified health centers and rural health clinics under section 1834(m).
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“Congressional Record, Senate - August 4, 2020, S4880.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4880-1f5cc4eed1/
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S4880 CONGRESSIONAL RECORD — SENATE August 4, 2020
covered public accommodation law for any (5) by adding at the end the following: meaning of section 704 of title 5, United
action or measure taken regarding ‘‘(9) the term ‘covered period’ means the States Code.’’.
coronavirus and that place of public accom- period that— Subtitle C—General Provisions
modation, if such person— ‘‘(A) begins on January 1, 2020; and SEC. 281. SEVERABILITY.
(i) has determined that the significant risk ‘‘(B) ends 90 days after the last date of the If any provision of this title, an amend-
of substantial harm to public health or the COVID–19 national emergency; and ment made by this title, or the application
health of employees cannot be reduced or ‘‘(10) the term ‘COVID–19 national emer- of such a provision or amendment to any
eliminated by reasonably modifying policies, gency’ means the national emergency de- person or circumstance is held to be uncon-
practices, or procedures, or the provision of clared by the President under the National stitutional, the remaining provisions of and
an auxiliary aid or service; or Emergencies Act (50 U.S.C. 1601 et seq.) with amendments made by this title, as well as
(ii) has offered such a reasonable modifica- respect to the Coronavirus Disease 2019
the application of such provision or amend-
tion or auxiliary aid or service but such offer (COVID–19).’’.
ment to any person other than the parties to
has been rejected by the individual protected (b) EXCLUSION FROM DEFINITION OF EMPLOY-
MENT LOSS.—Section 2(b) of the Worker Ad-
the action holding the provision or amend-
by the covered law. ment to be unconstitutional, or to any cir-
(B) REQUIRED WAIVER PROHIBITED.—For pur- justment and Retraining Notification Act (29
U.S.C. 2101(b)) is amended by adding at the cumstances other than those presented in
poses of this subsection, no person who owns, such action, shall not be affected thereby.
leases (or leases to), or operates a place of end the following:
public accommodation shall be required to ‘‘(3) Notwithstanding subsection (a)(6), dur-
ing the covered period an employee may not
SA 2566. Mrs. HYDE–SMITH sub-
waive any measure, requirement, or rec- mitted an amendment intended to be
ommendation that has been adopted in ac- be considered to have experienced an em-
ployment loss if the termination, layoff ex- proposed to amendment SA 2499 pro-
cordance with a requirement or rec-
ommendation issued by the Federal Govern- ceeding 6 months, or reduction in hours of posed by Mr. MCCONNELL to the bill S.
ment or any State or local government with work of more than 50 percent during each 178, to condemn gross human rights
regard to coronavirus, in order to offer such month of any 6-month period involved is a violations of ethnic Turkic Muslims in
result of the COVID–19 national emer- Xinjiang, and calling for an end to ar-
a reasonable modification or auxiliary aids
gency.’’.
and services. bitrary detention, torture, and harass-
Subtitle B—Products
SEC. 242. LIABILITY FOR CONDUCTING TESTING ment of these communities inside and
AT WORKPLACE. SEC. 261. APPLICABILITY OF THE TARGETED LI-
ABILITY PROTECTIONS FOR PAN-
outside China; which was ordered to lie
Notwithstanding any other provision of
Federal, State, or local law, an employer, or DEMIC AND EPIDEMIC PRODUCTS on the table; as follows:
AND SECURITY COUNTERMEASURES At the end, add the following:
other person who hires or contracts with WITH RESPECT TO COVID–19.
other individuals to provide services, con- SEC. 3.EXTENDING MEDICARE TELEHEALTH
(a) IN GENERAL.—Section 319F–3(i)(1) of the FLEXIBILITIES FOR FEDERALLY
ducting testing for coronavirus at the work- Public Health Service Act (42 U.S.C. 247d– QUALIFIED HEALTH CENTERS AND
place shall not be liable for any action or 6d(i)(1)) is amended— RURAL HEALTH CLINICS.
personal injury directly resulting from such (1) in subparagraph (C), by striking ‘‘; or’’ (a) IN GENERAL.—Section 1834(m) of the So-
testing, except for those personal injuries and inserting a semicolon; cial Security Act (42 U.S.C. 1395m(m)) is
caused by the gross negligence or intentional (2) in subparagraph (D), by striking the pe- amended—
misconduct of the employer or other person. riod and inserting ‘‘; or’’; and (1) in paragraph (4)(C)—
SEC. 243. JOINT EMPLOYMENT AND INDE-
(3) by adding at the end the following: (A) in clause (i), in the matter preceding
PENDENT CONTRACTING.
‘‘(E) a drug (as such term is defined in sec- subclause (I), by striking ‘‘and (7)’’ and in-
Notwithstanding any other provision of
tion 201(g)(1) of the Federal Food, Drug, and serting ‘‘(7), and (8)’’; and
Federal or State law, including any covered
Cosmetic Act), biological product (including (B) in clause (ii)(X), by inserting ‘‘or para-
Federal employment law (as defined in sec-
a vaccine) (as such term is defined in section graph (8)(A)(i)’’ before the period; and
tion 241(a)), the Labor Management Rela-
351(i)), or device (as such term is defined in (2) in paragraph (8)—
tions Act, 1947 (29 U.S.C. 141 et seq.), the Em-
section 201(h) of the Federal Food, Drug, and (A) in the paragraph heading by inserting
ployment Retirement Income Security Act
Cosmetic Act) that— ‘‘AND FOR AN ADDITIONAL PERIOD AFTER’’ after
of 1974 (29 U.S.C. 1001 et seq.), and the Family
‘‘(i) is the subject of a notice of use of en- ‘‘DURING ’’;
and Medical Leave Act of 1993 (29 U.S.C. 2601
forcement discretion issued by the Secretary (B) in subparagraph (A)—
et seq.), it shall not constitute evidence of a
if such drug, biological product, or device is (i) in the matter preceding clause (i), by in-
joint employment relationship or employ-
used— serting ‘‘and the 5-year period beginning on
ment relationship for any employer to pro-
‘‘(I) when such notice is in effect; the first day after the end of such emergency
vide or require, for an employee of another
‘‘(II) within the scope of such notice; and period’’ after ‘‘1135(g)(1)(B)’’;
employer or for an independent contractor,
‘‘(III) in compliance with other applicable (ii) in clause (ii), by striking ‘‘and’’ at the
any of the following:
requirements of the Federal Food, Drug, and end;
(1) Coronavirus-related policies, proce-
Cosmetic Act that are not the subject of (iii) by redesignating clause (iii) as clause
dures, or training. such notice;
(2) Personal protective equipment or train- (iv); and
‘‘(ii) in the case of a device, is exempt from (iv) by inserting after clause (ii) the fol-
ing for the use of such equipment. the requirement under section 510(k) of the
(3) Cleaning or disinfecting services or the lowing new clause:
Federal Food, Drug, and Cosmetic Act; or ‘‘(iii) the geographic requirements de-
means for such cleaning or disinfecting. ‘‘(iii) in the case of a drug—
(4) Workplace testing for coronavirus. scribed in paragraph (4)(C)(i) shall not apply
‘‘(I) meets the requirements for marketing with respect to such a telehealth service;
(5) Temporary assistance due to under a final administrative order under sec-
coronavirus, including financial assistance and’’;
tion 505G of the Federal Food, Drug, and Cos- (C) in subparagraph (B)(i)—
or other health and safety benefits. metic Act; or
SEC. 244. EXCLUSION OF CERTAIN NOTIFICATION (i) in the first sentence, by inserting ‘‘and
‘‘(II) is marketed in accordance with sec- the 5-year period beginning on the first day
REQUIREMENTS AS A RESULT OF
tion 505G(a)(3) of such Act.’’. after the end of such emergency period’’ be-
THE COVID–19 PUBLIC HEALTH
(b) CLARIFYING MEANS OF DISTRIBUTION.—
EMERGENCY. fore the period; and
Section 319F–3(a)(5) of the Public Health
(a) DEFINITIONS.—Section 2(a) of the Work- (ii) in the third sentence, by striking ‘‘pro-
Service Act (42 U.S.C. 247d–6d(a)(5)) is
er Adjustment and Retraining Notification gram instruction or otherwise’’ and inserting
amended by inserting ‘‘by, or in partnership
Act (29 U.S.C. 2101(a)) is amended— with, Federal, State, or local public health ‘‘interim final rule, program instruction, or
(1) in paragraph (2), by adding before the officials or the private sector’’ after ‘‘dis- otherwise’’; and
semicolon at the end the following: ‘‘and the tribution’’ the first place it appears. (D) by adding at the end the following new
shutdown, if occurring during the covered (c) NO CHANGE TO ADMINISTRATIVE PROCE- subparagraph:
period, is not a result of the COVID–19 na- DURE ACT APPLICATION TO ENFORCEMENT DIS- ‘‘(C) REQUIREMENT DURING ADDITIONAL PE-
tional emergency’’; CRETION EXERCISE.—Section 319F–3 of the RIOD.—
(2) in paragraph (3)— Public Health Service Act (42 U.S.C. 247d–6d) ‘‘(i) IN GENERAL.—During the 5-year period
(A) in subparagraph (A), by striking ‘‘and’’ is amended by adding at the end the fol- beginning on the first day after the end of
at the end; lowing: the emergency period described in section
(B) in subparagraph (B), by adding ‘‘and’’ ‘‘(j) RULE OF CONSTRUCTION.—Nothing in 1135(g)(1)(B), payment may only be made
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at the end; and this section shall be construed— under this paragraph for a telehealth service
(C) by adding at the end the following: ‘‘(1) to require use of procedures described described in subparagraph (A)(i) that is fur-
‘‘(C) if occurring during the covered period, in section 553 of title 5, United States Code, nished to an eligible telehealth individual if
is not a result of the COVID–19 national for a notice of use of enforcement discretion such service is furnished by a qualified pro-
emergency;’’; for which such procedures are not otherwise vider (as defined in clause (ii)).
(3) in paragraph (7), by striking ‘‘and’’; required; or ‘‘(ii) DEFINITION OF QUALIFIED PROVIDER.—
(4) in paragraph (8), by striking the period ‘‘(2) to affect whether such notice con- For purposes of this subparagraph, the term
at the end and inserting a semicolon; and stitutes final agency action within the ‘qualified provider’ means, with respect to a
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4881
telehealth service described in subparagraph COMMITTEE ON THE JUDICIARY (2) not later than 18 months after the date of
(A)(i) that is furnished to an eligible tele- SUBCOMMITTEE ON THE CONSTITUTION the enactment of this Act, establish the data
health individual, a Federally qualified clearinghouse described in paragraph (1);
The Committee on the Judiciary is (3) develop methods and resources required for
health center or rural health clinic that fur-
nished to such individual, during the 3-year authorized to meet during the session testing and evaluating safe and appropriate
period ending on the date the telehealth of the Senate, on August 4, 2020, at 2:30 uses of composite materials for infrastructure,
service was furnished, an item or service in p.m., to conduct a hearing entitled including—
person for which— ‘‘The Right of the People Peaceably to (A) conditioning protocols, procedures and
‘‘(I) payment was made under this title; or Assemble: Protecting Speech by Stop- models;
‘‘(II) such payment would have been made ping Anarchist Violence.’’ (B) screening and acceptance tools; and
if such individual were entitled to, or en- (C) minimum allowable design data sets that
rolled for, benefits under this title at the f can be converted into design tools; and
time such item or service was furnished.’’. PRIVILEGES OF THE FLOOR (4) work with other Federal agencies, as ap-
(b) EFFECTIVE DATE.—The amendments propriate, to identify environmental impacts
made by this section (other than the amend- Mr. CASSIDY. Mr. President, I ask and recyclability of composite materials.
ment made by subsection (a)(2)(D)) shall unanimous consent that Matthew (b) STANDARDS COORDINATION.—The Sec-
take effect as if included in the enactment of Fegley, a fellow in my office, be grant- retary, acting through the Director, shall assure
the Coronavirus Aid, Relief, and Economic ed floor privileges for the remainder of that the appropriate Institute staff consult reg-
Security Act (Public Law 116–136). ularly with standards developers, members of
the Congress.
the composites industry, institutions of higher
f The PRESIDING OFFICER. Without education, and other stakeholders in order to
AUTHORITY FOR COMMITTEES TO objection, it is so ordered. facilitate the adoption of standards for use of
MEET Mrs. CAPITO. Mr. President, I ask composite materials in infrastructure that are
unanimous consent that Emily based on the research and testing results and
Mr. PORTMAN. Mr. President, I have Sammons, an intern in my office, be other information developed by the Institute.
six requests for committees to meet granted floor privileges through the re- (c) PILOT PROGRAM.—
during today’s session of the Senate. mainder of the week. (1) IN GENERAL.—Subject to the availability of
They have the approval of the Majority appropriations, commencing not later than 1
The PRESIDING OFFICER. Without
and Minority leaders. year after the date of the enactment of this Act,
objection, it is so ordered. the Director of the National Institute of Stand-
Pursuant to rule XXVI paragraph
f ards and Technology shall, in consultation with
5(a), of the Standing Rules of the Sen- the Industry-University Cooperative Research
ate, the following committees are au- REQUIRING THE SECRETARY OF Centers Program of the National Science Foun-
thorized to meet during today’s session COMMERCE, ACTING THROUGH dation, conduct a pilot program to assess the
of the Senate: THE DIRECTOR OF THE NA- feasibility and advisability of adopting com-
COMMITTEE ON ARMED SERVICES TIONAL INSTITUTE OF STAND- posite technology in sustainable infrastructure.
ARDS AND TECHNOLOGY, TO (2) DURATION.—The Director shall carry out
The Committee on Armed Services is
HELP FACILITATE THE ADOP- the pilot program during the 4-year period be-
authorized to meet during the session ginning on the date of the commencement of the
of the Senate on Tuesday, August 4, TION OF COMPOSITE TECH-
pilot program.
2020, at 9:00 a.m., in open session to NOLOGY IN INFRASTRUCTURE IN (3) REPORTS.—
consider the nominations of Honorable THE UNITED STATES (A) PRELIMINARY REPORT.—Not later than the
John E. Whitley to be Director of Cost Mr. MCCONNELL. Mr. President, I date that is 2 years after the date of the com-
Assessment and Program Evaluation, ask unanimous consent that the Sen- mencement of the pilot program, the Director
Department of Defense; Honorable shall submit to the Committee on Commerce,
ate proceed to the immediate consider- Science, and Transportation of the Senate and
Shon J. Manasco to be Under Secretary ation of Calendar No. 240, S. 384. the Committee on Science, Space, and Tech-
of the Air Force; Ms. Michele A. Pearce The PRESIDING OFFICER. The nology of the House of Representatives a report
to be General Counsel of the Depart- clerk will report the bill by title. on the preliminary findings of the Director with
ment of the Army; and Mr. Liam P. The senior assistant legislative clerk respect to the pilot program.
Hardy to be a Judge of the United read as follows: (B) FINAL REPORT.—Not later than the date
States Court of Appeals for the Armed A bill (S. 384) to require the Secretary of that is 90 days after the date of the completion
Forces. Commerce, acting through the Director of of the pilot program, the Director shall submit to
The Committee on Armed Services is the National Institute of Standards and the committees referred to in subparagraph (A)
Technology, to help facilitate the adoption a report on the findings of the Director with re-
authorized to meet during the session spect to the pilot program.
of the Senate on Tuesday, Augusts 4, of composite technology in infrastructure in
2020, at 2:30 p.m., in open session to re- the United States, and for other purposes. Mr. MCCONNELL. I ask unanimous
ceive testimony on the findings and There being no objection, the Senate consent that the committee-reported
recommendations of the Cyberspace proceeded to consider the bill, which amendment be withdrawn, the Capito
Solarium Commission. had been reported from the Committee substitute amendment at the desk be
The Committee on Armed Services is on Commerce, Science, and Transpor- agreed to, and the bill, as amended, be
authorized to meet during the session tation, with an amendment to strike considered read a third time and
of the Senate on Tuesday, August 4, all after the enacting clause and insert passed, and the motion to reconsider be
2020, at a time to be determined, in Ex- in lieu thereof the following: considered made and laid upon the
ecutive Session to consider pending SECTION 1. FACILITATING THE ADOPTION OF table.
military nominations. COMPOSITE TECHNOLOGY IN INFRA- The PRESIDING OFFICER. Without
STRUCTURE. objection, it is so ordered.
COMMITTEE ON FOREIGN RELATIONS
(a) RESEARCH.—Subject to the availability of The committee-reported amendment
The Committee on Foreign Relations appropriations, the Secretary of Commerce, act- in the nature of a substitute was with-
is authorized to meet during the ses- ing through the Director of the National Insti- drawn.
sion of the Senate on Tuesday, August tute of Standards and Technology, shall imple-
ment the recommendations contained in the De-
The amendment (No. 2567) in the na-
4, 2020, at 10:00 a.m. to hold a full com- ture of a substitute was agreed to, as
mittee hearing titled ‘‘Venezuela in cember 2017 report entitled ‘‘Road Mapping
Workshop Report on Overcoming Barriers to follows:
Maduro’s Grasp: Assessing the Deterio-
Adoption of Composites in Sustainable Infra- Strike all after the enacting clause and in-
rating Security and Humanitarian Sit- structure’’, as appropriate, to help facilitate the sert the following:
uation.’’ adoption of composite technology in infrastruc- SECTION 1. FACILITATING THE ADOPTION OF
SELECT COMMITTEE ON INTELLIGENCE ture in the United States. In implementing such COMPOSITE TECHNOLOGY IN INFRA-
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The Senate Select Committee on In- recommendations, the Secretary, acting through STRUCTURE.
telligence is authorized to meet during the Director shall, with respect to the use of (a) RESEARCH.—Subject to the availability
composite technology in infrastructure— of appropriations, the Secretary of Com-
the session of the Senate on Tuesday,
(1) not later than 1 year after the date of the merce, acting through the Director of the
August 4, 2020, form 2:00 p.m. to 4:00 enactment of this Act, develop a design for a National Institute of Standards and Tech-
p.m., to hold a closed business meeting data clearinghouse to identify, gather, validate, nology, shall implement the recommenda-
immediately followed by a closed hear- and disseminate existing design criteria, tools, tions contained in the December 2017 report
ing. guidelines, and standards in a timely manner; entitled ‘‘Road Mapping Workshop Report on
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