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Congressional Record, Senate - August 6, 2020, S5301

Summary

This is page S5301 of the Congressional Record, Senate, August 6, 2020, with interleaved columns, printing parts of amendments to amendment SA 2499 proposed by Mr. McConnell. One provision lets a State validate and approve an in vitro diagnostic test for use within that State only, without notifying or receiving approval from the Food and Drug Administration. Another requires a study, report and modeling tool on the tax equivalent amount of payments under the payment in lieu of taxes program. A third provision concerns the Main Street Lending Program, transferring the lesser of unobligated balances or $6,000,000,000. The page names SA 2602 as submitted by Mr. Lee.

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“Congressional Record, Senate - August 6, 2020, S5301.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5301-e205125de5/, SHA-256 a15d7aed350394e725cfbc27ce9c06daccd975549030fbd79663efcd6465c2f0.

Full text

                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S5301
                                               amendment SA 2499 proposed by Mr.                       9006(a)(1)), the lesser of the amount of such             (3) TAX EQUIVALENT AMOUNT.—The term
                                               MCCONNELL to the bill S. 178, to con-                   unobligated balances or $6,000,000,000.                ‘‘tax equivalent amount’’, with respect to
                                               demn gross human rights violations of                     (2) CHARACTERISTICS OF TRANSFERRED                   payments under the payment in lieu of taxes
                                                                                                       AMOUNTS.—The amounts transferred under                 program, means the amount of property tax
                                               ethnic Turkic Muslims in Xinjiang, and
                                                                                                       paragraph (1)—                                         revenues that would be generated for local
                                               calling for an end to arbitrary deten-                    (A) notwithstanding section 5302(a)(1) of            governments (including the tax revenues of
                                               tion, torture, and harassment of these                  title 31, United States Code, shall be avail-          States, counties, cities, and other taxing ju-
                                               communities inside and outside China;                   able to the Secretary of the Treasury, with-           risdictions, as applicable) for the Federal
                                               which was ordered to lie on the table;                  out further appropriation, to, in accordance           land eligible for those payments if that land
                                               as follows:                                             with the changes made by subsection (a),               were privately owned.
                                                 At the appropriate place, insert the fol-             make loans, loan guarantees, and other in-                (d) STUDY, REPORT, AND MODEL ON TAX
                                               lowing:                                                 vestments under the Main Street Lending                EQUIVALENT AMOUNT OF PILT PAYMENTS.—
                                                                                                       Program established by the Board of Gov-                  (1) IN GENERAL.—Not later than 180 days
                                               SEC. ll. STATE VALIDATION AND APPROVAL OF
                                                          IN VITRO DIAGNOSTIC TESTS.                   ernors of the Federal Reserve System; and              after the date of enactment of this Act, the
                                                                                                         (B) shall remain available until January 1,          Secretary, in consultation with the Sec-
                                                 (a) IN GENERAL.—Notwithstanding any
                                                                                                       2026.                                                  retary of Agriculture and the head of any
                                               other provision of law, including any provi-
                                               sion of the Federal Food, Drug, and Cosmetic                                                                   other Federal agency that the Secretary de-
                                               Act (21 U.S.C. 301 et seq.) or section 353 of the
                                                                                                         SA 2602. Mr. LEE submitted an                        termines to be appropriate, shall—
                                               Public Health Service Act (42 U.S.C. 263a), a           amendment intended to be proposed to                      (A) conduct a study—
                                               State may validate and approve for use in               amendment SA 2499 proposed by Mr.                         (i) to evaluate all land eligible for pay-
                                               the State an in vitro diagnostic test (as de-           MCCONNELL to the bill S. 178, to con-                  ments under the payment in lieu of taxes
                                               fined in section 809.3 of title 21, Code of Fed-        demn gross human rights violations of                  program as of the date of enactment of this
                                               eral Regulations (or successor regulations)),           ethnic Turkic Muslims in Xinjiang, and                 Act;
                                               for use and distribution within the applica-                                                                      (ii) to determine the market value of that
                                                                                                       calling for an end to arbitrary deten-                 land in a fair and open market; and
                                               ble State only, in accordance with such proc-           tion, torture, and harassment of these
                                               esses and standards as the State may re-                                                                          (iii) to determine the tax equivalent
                                               quire.
                                                                                                       communities inside and outside China;                  amount of payments under the payment in
                                                 (b) NO REQUIREMENT TO NOTIFY FDA.—The                 which was ordered to lie on the table;                 lieu of taxes program for that land;
                                               manufacturer of an in vitro diagnostic test             as follows:                                               (B) submit to Congress and make publicly
                                               validated and approved by a State under sub-              At the appropriate place, insert the fol-            available a report describing—
                                               section (a) shall not be required, with respect         lowing:                                                   (i) the results of the study conducted under
                                               to the use of such test in such State, to no-           SEC. llll. STUDY, REPORT, AND MODELING                 subparagraph (A); and
                                               tify the Food and Drug Administration, re-                          TOOL RELATING TO THE TAX EQUIV-               (ii) how payments under the payment in
                                               ceive approval from the Food and Drug Ad-                           ALENT AMOUNT OF PAYMENTS                   lieu of taxes program could more accurately
                                               ministration, or report results to the Food                         UNDER THE PAYMENT IN LIEU OF               reflect the tax equivalent amount; and
                                               and Drug Administration.                                            TAXES PROGRAM.                                (C) develop a modeling tool that—
                                                 (c) NO APPLICABILITY OF CLIA REQUIRE-                   (a) FINDINGS.—Congress finds that—                      (i) accounts for reasonable and customary
                                               MENT.—The requirements of section 353 of                  (1) Congress agreed with recommendations             valuation factors and assumptions; and
                                               the Public Health Service Act (42 U.S.C.                of a Federal commission that, if Federal land             (ii) calculates, in a timely manner, for
                                               263a) shall not apply with respect to a test            is to be retained by the Federal Government            every acre of Federal land eligible for pay-
                                               validated and approved by a State, to the ex-           and not contribute to the tax bases of the             ments under the payment in lieu of taxes
                                               tent such test is used only within that State.          local governments within the jurisdictions of          program—
                                                                                                       which the land is located, compensation                   (I) the market value of that land; and
                                                 SA 2601. Mr. LEE submitted an                         should be offered to those local governments              (II) the tax equivalent amount of payments
                                               amendment intended to be proposed to                    to make up for the presence of nontaxable              under the payment in lieu of taxes program
                                                                                                       land within the jurisdictions of those local           for that land.
                                               amendment SA 2499 proposed by Mr.
                                                                                                       governments;                                              (2) REQUIREMENTS.—
                                               MCCONNELL to the bill S. 178, to con-                     (2) local governments rely on the stability             (A) STUDY.—In conducting the study under
                                               demn gross human rights violations of                   of property tax revenues, but no precise fig-          paragraph (1)(A), the Secretary shall con-
                                               ethnic Turkic Muslims in Xinjiang, and                  ure can be given in advance for the author-            sider any studies conducted by States, coun-
                                               calling for an end to arbitrary deten-                  ization level of the payment in lieu of taxes          ties, or other taxing jurisdictions pertaining
                                               tion, torture, and harassment of these                  program;                                               to the tax equivalent amount of payments
                                               communities inside and outside China;                     (3) Federal agencies have determined that            under the payment in lieu of taxes program.
                                               which was ordered to lie on the table;                  payments to local governments under the                   (B) MODELING TOOL.—The modeling tool de-
                                                                                                       payment in lieu of taxes program are far               veloped under paragraph (1)(C) shall—
                                               as follows:
                                                                                                       lower than what would be due to local gov-                (i) accurately calculate, in real time, the
                                                 At the appropriate place, insert the fol-             ernments under tax equivalency;                        market value of every acre of Federal land in
                                               lowing:                                                   (4) payments under the payment in lieu of            the United States;
                                               SEC. lll. MAIN STREET LENDING PROGRAM.                  taxes program help local governments carry                (ii) enable an employee or agent of the De-
                                                 (a) IN GENERAL.—Not later than 7 days                 out vital services, such as firefighting, police       partment of the Interior to manually modify
                                               after the date of enactment of this Act, the            protection, public education, construction of          factors relating to the valuation model used
                                               Board of Governors of the Federal Reserve               public schools, construction of roads, and             by the modeling tool to calculate, in real
                                               System shall make the following changes to              search-and-rescue operations; and                      time, the market value of Federal land based
                                               the Main Street Lending Program estab-                    (5) the technology exists to more accu-              on new assumptions relating to that land;
                                               lished by the Board of Governors:                       rately determine what the taxable value of                (iii) provide technical anchors relating to
                                                 (1) Eliminate any minimum loan amount                 land held by the Federal Government would              market data—
                                               under the Program.                                      be if that land were taxable by local govern-             (I) to ensure the ongoing integrity of the
                                                 (2) Eliminate any servicing fee imposed on            ments.                                                 modeling tool; and
                                               a lender with respect to the initiation or                (b) SENSE OF CONGRESS.—It is the sense of               (II) to ensure that the land values deter-
                                               purchase of any loan under the Program.                 Congress that the Federal Government                   mined by the modeling tool are defensible
                                                 (3) Provide that—                                     should—                                                and based on sound and generally accepted
                                                 (A) there shall not be a minimum interest               (1) determine the amount that payments               valuation methodologies;
                                               rate for any loan covered under the Program;            under the payment in lieu of taxes program                (iv) assimilate, in a visual interface—
                                               and                                                     would be if those payments were equivalent                (I) market data, including the availability
                                                 (B) the Board of Governors may establish a            to the tax revenues that local governments             of mineral extraction, energy production,
                                               maximum interest rate for any loan covered              would otherwise receive for the same land;             water management, timber management, ag-
                                               under the Program.                                      and                                                    ricultural uses, and recreational uses with
                                                 (b) TRANSFER OF APPROPRIATIONS.—                        (2) compensate those local governments ac-           respect to the applicable land; and
                                                 (1) TRANSFER.—Effective on the date that              cordingly.                                                (II) geographic information systems (com-




SSpencer on DSK126QN23PROD with SENATE
                                               is 7 days after the date of enactment of this             (c) DEFINITIONS.—In this section:                    monly known as ‘‘GIS’’) data relating to all
                                               Act, and notwithstanding any other provi-                 (1) PAYMENT IN LIEU OF TAXES PROGRAM.—               Federal land eligible for payments under the
                                               sion of law, the Secretary of the Treasury              The term ‘‘payment in lieu of taxes pro-               payment in lieu of taxes program;
                                               shall transfer to the fund established under            gram’’ means the payment in lieu of taxes                 (v) tie the model used by the tool to mar-
                                               section 5302(a)(1) of title 31, United States           program established under chapter 69 of title          ket sources, allowing the model to automati-
                                               Code, from the unobligated balances of the              31, United States Code.                                cally adjust and reflect current market con-
                                               amounts made available under section                      (2) SECRETARY.—The term ‘‘Secretary’’                ditions; and
                                               1107(a)(1) of the CARES Act (15 U.S.C.                  means the Secretary of the Interior.                      (vi) allow a user of the modeling tool—




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