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Text of Amendments to S. 178, August 6, 2020 — Congressional Record, Senate

Summary

Page S5314 of the Senate section of the Congressional Record for August 6, 2020, headed Text of Amendments to S. 178, in interleaved columns. Amendment text covers temporary personnel hired outside competitive service rules, with permanent appointment after 2 years of continuous service. It adds a transitional government contribution under section 1844 of the Social Security Act, and sets rules for strike teams that supplement other response efforts. The amendment ends with an emergency designation, and a related submission is to amendment SA 2499 proposed by Mr. McConnell.

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“Text of Amendments to S. 178, August 6, 2020 — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5314-2-7c1cb22b53/, SHA-256 2c6bde63bc8459fb32caf4c3d67fc3b6d6472d1cc230c39e8210b72330212d49.

Full text

                                               S5314                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               of such temporary personnel as may be nec-                (b) TRANSITIONAL      GOVERNMENT CONTRIBU-           to amendment SA 2499 proposed by Mr.
                                               essary to carry out this section, without re-           TION.—Section 1844      of the Social Security         MCCONNELL to the bill S. 178, to con-
                                               gard to the provisions of title 5, United               Act (42 U.S.C. 1395w) is amended—                      demn gross human rights violations of
                                               States Code, governing appointments in                    (1) in subsection (a), by adding at the end
                                                                                                                                                              ethnic Turkic Muslims in Xinjiang, and
                                               competitive service.                                    the following new sentence: ‘‘In applying
                                                 ‘‘(B) PERMANENT APPOINTMENT.—                         paragraph (1), the amounts transferred under           calling for an end to arbitrary deten-
                                                 ‘‘(i) IN GENERAL.—In the case of an indi-             subsection (e)(1) with respect to enrollees de-        tion, torture, and harassment of these
                                               vidual appointed as temporary personnel                 scribed in subparagraphs (A) and (B) of such           communities inside and outside China;
                                               under subparagraph (A) who has served con-              subsection shall be treated as premiums pay-           which was ordered to lie on the table;
                                               tinuously for not less than 2 years, the Sec-           able and deposited in the Trust Fund under             as follows:
                                               retary may appoint that individual to a posi-           subparagraphs (A) and (B), respectively, of              At the appropriate place, insert the fol-
                                               tion in the Economic Development Adminis-               paragraph (1).’’; and                                  lowing:
                                               tration in the same manner that competitive               (2) by adding at the end the following:
                                                                                                         ‘‘(e)(1) For 2021, there shall be transferred        TITLE ll—SUPPORTING PATIENTS, PRO-
                                               service employees with competitive status
                                                                                                       from the General Fund to the Trust Fund an               VIDERS, OLDER AMERICANS, AND FOS-
                                               are considered for transfer, reassignment, or
                                                                                                       amount, as estimated by the Chief Actuary                TER YOUTH IN RESPONDING TO COVID–
                                               promotion to such positions.
                                                                                                       of the Centers for Medicare & Medicaid Serv-             19
                                                 ‘‘(ii) TREATMENT.—An individual appointed
                                               to a position under clause (i) shall become a           ices, equal to the reduction in aggregate pre-           Subtitle A—Promoting Access to Care and
                                               career-conditional employee, unless the em-             miums payable under this part for a month                               Services
                                               ployee has already completed the service re-            in such year (excluding any changes in                 SEC. l01. MAINTAINING 2021 MEDICARE PART B
                                               quirements for career tenure.                           amounts collected under section 1839(i)) that                      PREMIUM AND DEDUCTIBLE AT 2020
                                                 ‘‘(3) INVESTIGATIONS AND AUDITS.—The Sec-             are attributable to the application of section                     LEVELS CONSISTENT WITH ACTU-
                                                                                                                                                                          ARIALLY FAIR RATES.
                                               retary shall use $3,000,000 of the amounts              1839(a)(7) with respect to—
                                               made available to carry out this section to               ‘‘(A) enrollees age 65 and over; and                   (a) 2021 PREMIUM AND DEDUCTIBLE AND RE-
                                                                                                         ‘‘(B) enrollees under age 65.                        PAYMENT THROUGH FUTURE PREMIUMS.—Sec-
                                               carry out investigations and audits related
                                               to the provision of grants under this section.          Such amounts shall be transferred from time            tion 1839(a) of the Social Security Act (42
                                                                                                       to time as appropriate.                                U.S.C. 1395r(a)) is amended—
                                                 ‘‘(m) FUNDING.—
                                                                                                         ‘‘(2) Premium increases affected under sec-            (1) in the second sentence of paragraph (1),
                                                 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                       tion 1839(a)(6) shall not be taken into ac-            by striking ‘‘(5) and (6)’’ and inserting ‘‘(5),
                                               There is authorized to be appropriated to the
                                                                                                       count in applying subsection (a).                      (6), and (7)’’;
                                               Secretary to carry out this section
                                                                                                         ‘‘(3) There shall be transferred from the              (2) in paragraph (6)(C)—
                                               $10,000,000,000, to remain available until Sep-
                                                                                                       Trust Fund to the General Fund of the                    (A) in clause (i), by striking ‘‘section
                                               tember 30, 2022.
                                                                                                       Treasury amounts equivalent to the addi-               1844(d)(1)’’ and inserting ‘‘subsections (d)(1)
                                                 ‘‘(2)    ADDITIONAL      FUNDING.—Notwith-
                                                                                                       tional premiums payable as a result of the             and (e)(1) of section 1844’’; and
                                               standing any other provision of law, the Sec-
                                                                                                       application of section 1839(a)(6), excluding             (B) in clause (ii), by striking ‘‘paragraph
                                               retary may use any amounts made available
                                                                                                       the aggregate payments attributable to the             (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;
                                               to the Secretary under the heading ‘ECO-
                                                                                                       application of section 1839(i)(3)(A)(ii)(II).’’.       and
                                               NOMIC DEVELOPMENT ASSISTANCE PROGRAMS
                                                                                                         (c) ADDITIONAL TRANSITIONAL GOVERNMENT                 (3) by adding at the end the following:
                                               (INCLUDING TRANSFERS OF FUNDS)’ under the
                                                                                                       CONTRIBUTION.—Section 1844 of the Social Se-             ‘‘(7) In applying this part (including sub-
                                               heading ‘ECONOMIC DEVELOPMENT ADMINIS-                  curity Act (42 U.S.C. 1395w), as amended by            section (i) and section 1833(b)), the monthly
                                               TRATION’ under the heading ‘DEPARTMENT
                                                                                                       subsection (b)(2), is amended by adding at             actuarial rate for enrollees age 65 and over
                                               OF COMMERCE’ in title II of division B of               the end the following:                                 for 2021 shall be the same as the monthly ac-
                                               the CARES Act (Public Law 116–136) that are               ‘‘(f)(1) There shall be transferred from the         tuarial rate for enrollees age 65 and over for
                                               unobligated as of the date of enactment of              General Fund of the Treasury to the Trust              2020.’’.
                                               the Sustaining Tourism Enterprises During               Fund an amount, as estimated by the Chief                (b) TRANSITIONAL GOVERNMENT CONTRIBU-
                                               the COVID–19 Pandemic Act to provide                    Actuary of the Centers for Medicare & Med-             TION.—Section 1844 of the Social Security
                                               grants under this section.’’.                           icaid Services, equal to amounts paid under            Act (42 U.S.C. 1395w) is amended—
                                                                                                       the advance payment program under section                (1) in subsection (a), by adding at the end
                                                 SA 2622. Mr. GRASSLEY submitted                       421.214 of title 42, Code of Federal Regula-           the following new sentence: ‘‘In applying
                                               an amendment intended to be proposed                    tions (or any successor regulation) during             paragraph (1), the amounts transferred under
                                               to amendment SA 2499 proposed by Mr.                    the period beginning on March 28, 2020, and            subsection (e)(1) with respect to enrollees de-
                                               MCCONNELL to the bill S. 178, to con-                   ending on July 9, 2020.                                scribed in subparagraphs (A) and (B) of such
                                                                                                         ‘‘(2) There shall be transferred from the            subsection shall be treated as premiums pay-
                                               demn gross human rights violations of                   Trust Fund to the General Fund of the                  able and deposited in the Trust Fund under
                                               ethnic Turkic Muslims in Xinjiang, and                  Treasury amounts equivalent to the sum of—             subparagraphs (A) and (B), respectively, of
                                               calling for an end to arbitrary deten-                    ‘‘(A) the amounts by which claims have               paragraph (1).’’; and
                                               tion, torture, and harassment of these                  offset (in whole or in part) the amount of               (2) by adding at the end the following:
                                               communities inside and outside China;                   such advance payments described in para-                 ‘‘(e)(1) For 2021, there shall be transferred
                                               which was ordered to lie on the table;                  graph (1); and                                         from the General Fund to the Trust Fund an
                                               as follows:                                               ‘‘(B) the amount of such advance payments            amount, as estimated by the Chief Actuary
                                                                                                       that has been repaid (in whole or in part),            of the Centers for Medicare & Medicaid Serv-
                                                 At the appropriate place, insert the fol-             under the advance payment program under                ices, equal to the reduction in aggregate pre-
                                               lowing:                                                 such section 421.214 (or any such successor            miums payable under this part for a month
                                               SEC. ll. MAINTAINING 2021 MEDICARE PART B               regulation).                                           in such year (excluding any changes in
                                                         PREMIUM AND DEDUCTIBLE AT 2020                  ‘‘(3) Amounts described in paragraphs (1)            amounts collected under section 1839(i)) that
                                                         LEVELS CONSISTENT WITH ACTU-                  and (2) shall be transferred from time to
                                                         ARIALLY FAIR RATES.
                                                                                                                                                              are attributable to the application of section
                                                                                                       time as appropriate.’’.                                1839(a)(7) with respect to—
                                                 (a) 2021 PREMIUM AND DEDUCTIBLE AND RE-                 (d)     INDENTATION     CORRECTION.—Section            ‘‘(A) enrollees age 65 and over; and
                                               PAYMENT THROUGH FUTURE PREMIUMS.—Sec-                   1839(i)(3)(A)(ii) of the Social Security Act (42         ‘‘(B) enrollees under age 65.
                                               tion 1839(a) of the Social Security Act (42             U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov-          Such amounts shall be transferred from time
                                               U.S.C. 1395r(a)) is amended—                            ing the indentation of subclause (I) two ems           to time as appropriate.
                                                 (1) in the second sentence of paragraph (1),          to the right.                                            ‘‘(2) Premium increases affected under sec-
                                               by striking ‘‘(5) and (6)’’ and inserting ‘‘(5),          (e) EMERGENCY DESIGNATION.—                          tion 1839(a)(6) shall not be taken into ac-
                                               (6), and (7)’’;                                           (1) IN GENERAL.—The amounts provided by              count in applying subsection (a).
                                                 (2) in paragraph (6)(C)—                              this section and the amendments made by                  ‘‘(3) There shall be transferred from the
                                                 (A) in clause (i), by striking ‘‘section              this section are designated as an emergency            Trust Fund to the General Fund of the
                                               1844(d)(1)’’ and inserting ‘‘subsections (d)(1)         requirement pursuant to section 4(g) of the            Treasury amounts equivalent to the addi-
                                               and (e)(1) of section 1844’’; and                       Statutory Pay-As-You-Go Act of 2010 (2                 tional premiums payable as a result of the
                                                 (B) in clause (ii), by striking ‘‘paragraph           U.S.C. 933(g)).                                        application of section 1839(a)(6), excluding
                                               (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;           (2) DESIGNATION IN SENATE.—In the Senate,            the aggregate payments attributable to the




SSpencer on DSK126QN23PROD with SENATE
                                               and                                                     this section and the amendments made by                application of section 1839(i)(3)(A)(ii)(II).’’.
                                                 (3) by adding at the end the following:               this section are designated as an emergency              (c) ADDITIONAL TRANSITIONAL GOVERNMENT
                                                 ‘‘(7) In applying this part (including sub-           requirement pursuant to section 4112(a) of H.          CONTRIBUTION.—Section 1844 of the Social Se-
                                               section (i) and section 1833(b)), the monthly           Con. Res. 71 (115th Congress), the concurrent          curity Act (42 U.S.C. 1395w), as amended by
                                               actuarial rate for enrollees age 65 and over            resolution on the budget for fiscal year 2018.         subsection (b)(2), is amended by adding at
                                               for 2021 shall be the same as the monthly ac-                                                                  the end the following:
                                               tuarial rate for enrollees age 65 and over for            SA 2623. Mr. GRASSLEY submitted                        ‘‘(f)(1) There shall be transferred from the
                                               2020.’’.                                                an amendment intended to be proposed                   General Fund of the Treasury to the Trust




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                      S5315
                                               Fund an amount, as estimated by the Chief               2021, the authority provided the Secretary               (A) STUDY.—The Secretary shall conduct a
                                               Actuary of the Centers for Medicare & Med-              under section 1135(b)(8) to waive or modify            study on the impact of telehealth and other
                                               icaid Services, equal to amounts paid under             requirements with respect to a telehealth              virtual services furnished under the Medi-
                                               the advance payment program under section               service, and modifications of policies with            care program under title XVIII of the Social
                                               421.214 of title 42, Code of Federal Regula-            respect to telehealth services made by in-             Security Act (42 U.S.C. 1395 et seq.) during
                                               tions (or any successor regulation) during              terim final rule applicable to such period,            the emergency period described in section
                                               the period beginning on March 28, 2020, and             shall be extended through December 31, 2021.           1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
                                               ending on July 9, 2020.                                   ‘‘(B) NO REQUIREMENT TO EXTEND.— Noth-               5(g)(1)(B)). In conducting such study, the
                                                 ‘‘(2) There shall be transferred from the             ing in subparagraph (A) shall require the              Secretary shall—
                                               Trust Fund to the General Fund of the                   Secretary to extend any specific waiver or               (i) assess the impact of such services on ac-
                                               Treasury amounts equivalent to the sum of—              modification or modifications of policies              cess to care, health outcomes, and spending
                                                 ‘‘(A) the amounts by which claims have                that the Secretary does not find appropriate           by type of physician, practitioner, or other
                                               offset (in whole or in part) the amount of              for extension.                                         entity, and by patient demographics and
                                               such advance payments described in para-                  ‘‘(C)    IMPLEMENTATION.—Notwithstanding             other characteristics that include—
                                               graph (1); and                                          any provision of law, the provisions of this             (I) age, gender, race, and type of eligibility
                                                 ‘‘(B) the amount of such advance payments             paragraph may be implemented by interim                for the Medicare program;
                                               that has been repaid (in whole or in part),             final rule, program instructions or other-               (II) dual eligibility for both the Medicare
                                               under the advance payment program under                 wise.’’.                                               program and the Medicaid program under
                                               such section 421.214 (or any such successor               (b) MEDPAC EVALUATION AND REPORT.—                   title XIX of such Act (42 U.S.C. 1396 et seq.);
                                               regulation).                                              (1) STUDY.—                                            (III) residing in an area of low-population
                                                 ‘‘(3) Amounts described in paragraphs (1)               (A) IN GENERAL.—The Medicare Payment                 density or a health professional shortage
                                               and (2) shall be transferred from time to               Advisory Commission (in this subsection re-            area (as defined in section 332(a)(1)(A) of the
                                               time as appropriate.’’.                                 ferred to as the ‘‘Commission’’) shall conduct         Public Health Service Act (42 U.S.C.
                                                 (d)    INDENTATION      CORRECTION.—Section           an evaluation of—                                      254e(a)(1)(A))) ;
                                               1839(i)(3)(A)(ii) of the Social Security Act (42          (i) the expansions of telehealth services              (IV) diagnoses, such as a diagnosis of
                                               U.S.C. 1395r(i)(3)(A)(ii)) is amended by mov-           under part B of title XVII of the Social Secu-         COVID–19, a chronic condition, or a mental
                                               ing the indentation of subclause (I) two ems            rity Act related to the COVID-19 public                health disorder or substance use disorder;
                                               to the right.                                           health emergency described in section                    (V) telecommunication modality used, in-
                                               SEC. l02. IMPROVEMENTS TO THE MEDICARE                  1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
                                                                                                                                                              cluding extent to which the services are fur-
                                                          HOSPITAL ACCELERATED AND AD-                 5(g)(1)(B)); and
                                                                                                                                                              nished using audio-only technology;
                                                          VANCE PAYMENTS PROGRAMS DUR-                   (ii) the appropriate treatment of such ex-
                                                                                                                                                                (VI) residing in a State other than the
                                                          ING THE COVID–19 PUBLIC HEALTH               pansions after the expiration of such public
                                                          EMERGENCY.                                                                                          State in which the furnishing physician,
                                                                                                       health emergency.
                                                 (a) PART A.—                                                                                                 practitioner, or other entity is located; and
                                                                                                         (B) ANALYSIS.—The evaluation under sub-
                                                 (1)     REPAYMENT      PERIODS.—Section
                                                                                                                                                                (VII) other characteristics and information
                                                                                                       paragraph (A) shall include an analysis of
                                               1815(f)(2)(C) of the Social Security Act (42                                                                   determined appropriate by the Secretary;
                                                                                                       each the following:
                                               U.S.C. 1395g(f)(2)(C)) is amended—                                                                             and
                                                                                                         (i) Which, if any, of such expansions should
                                                 (A) in clause (i), by striking ‘‘120 days’’ and                                                                (ii) to the extent feasible, assess such im-
                                                                                                       be continued after the expiration of the such
                                               inserting ‘‘270 days’’; and                             public health emergency,                               pact based on—
                                                 (B) in clause (ii), by striking ‘‘12 months’’           (ii) Whether any such continued expan-                 (I) the type of technology used to furnish
                                               and inserting ‘‘18 months’’.                            sions should be limited to, or differentially          the service;
                                                 (2) AUTHORITY FOR DISCRETION.—Section                 applied to, clinicians participating in certain          (II) the extent to which patient privacy is
                                               1815(f)(2)(A)(ii) of the Social Security Act (42        value-based payment models.                            protected;
                                               U.S.C. 1395g(f)(2)(A)(ii)) is amended by insert-          (iii) How Medicare should pay for tele-                (III) the extent to which documented or
                                               ing ‘‘(or, with respect to requests submitted           health services after the expiration of such           suspected fraud or abuse occurred; and
                                               to the Secretary on or after July 9, 2020,              public health emergency, and the implica-                (IV) patient satisfaction.
                                               may)’’after ‘‘shall.’’.                                 tions of payment approaches on aggregate                 (B) USE OF INFORMATION.—The Secretary
                                                 (b) PART B.—In carrying out the advance               Medicare program spending,                             may use reliable non-governmental sources
                                               payments program described in section                     (iv) Medicare program integrity and bene-            of information in assessing the impact of
                                               421.214 of title 42, Code of Federal Regula-            ficiary safeguards that may be warranted               characteristics described in subparagraph
                                               tions (or a successor regulation), the Sec-             with the coverage of telehealth services.              (A) under the study.
                                               retary of Health and Human Services, in the               (v) The implications of expanded Medicare              (C) REPORT.—
                                               case of a payment made under such program               coverage of telehealth services for bene-                (i) INTERIM PROVISION OF INFORMATION.—
                                               during the emergency period described in                ficiary access to care and the quality of care         The Secretary shall, as determined appro-
                                               section 1135(g)(1)(B) of the Social Security            provided via telehealth.                               priate, periodically during such emergency
                                               Act (42 U.S.C. 1320b–5(g)(1)(B)), upon request            (vi) Other areas determined appropriate by           period, post on the internet website of the
                                               of the supplier receiving such payment,                 the Commission.                                        Centers for Medicare & Medicaid services
                                               shall—                                                    (2) REPORT.—Not later than June 15, 2021,            data on utilization of telehealth and other
                                                 (1) provide up to 270 days before claims are          the Commission shall submit to Congress a              virtual services under the Medicare program
                                               offset to recoup the payment; and                       report containing the results of the evalua-           and the impact of characteristics described
                                                 (2) allow not less than 14 months from the            tion conducted under paragraph (1), together           in subparagraph (A) on such utilization.
                                               date of the first advance payment before re-            with recommendations for such legislation                (ii) REPORT.—Not later than 15 months
                                               quiring that the outstanding balance be paid            and administrative action as the Commis-               after date of enactment of this Act, the Sec-
                                               in full.                                                sion determines appropriate.                           retary shall submit to Congress a report on
                                                 (c) EFFECTIVE DATE.—The amendments                      (c) HHS PROVISION OF INFORMATION AND                 the study conducted under subparagraph (A),
                                               made by this section shall take effect as if            STUDY AND REPORT.—                                     together with recommendations for such leg-
                                               included     in    the    enactment     of    the         (1) PRE–COVID–19 PUBLIC HEALTH EMERGENCY             islation and administrative action as the
                                               Coronavirus Aid, Relief, and Economic Secu-             TELEHEALTH AUTHORITY.—Not later than 3                 Secretary determines appropriate.
                                               rity Act (Public Law 116–136).                          months after the date of enactment of this             SEC. l04. EXTENDING MEDICARE TELEHEALTH
                                                 (d)      IMPLEMENTATION.—Notwithstanding              Act, the Secretary of Health and Human                            FLEXIBILITIES FOR    FEDERALLY
                                               any other provision of law, the Secretary of            Services (in this subsection referred to as the                   QUALIFIED HEALTH CENTERS AND
                                               Health and Human Services may implement                 ‘‘Secretary’’) shall make available on the                        RURAL HEALTH CLINICS.
                                               the provisions of, and the amendments made              internet website of the Centers for Medicare              (a) IN GENERAL.—Section 1834(m) of the So-
                                               by, this section by program instruction or              & Medicaid Services information describing             cial Security Act (42 U.S.C. 1395m(m)) is
                                               otherwise.                                              the requirements applicable to telehealth              amended—
                                               SEC. l03. AUTHORITY TO EXTEND MEDICARE                  services and other virtual services under the             (1) in paragraph (4)(C)—
                                                          TELEHEALTH WAIVERS.                          original Medicare fee-for-service program                 (A) in clause (i), in the matter preceding
                                                 (a) AUTHORITY.—Section 1834(m) of the So-             under parts A and B of title XVIII of the So-          subclause (I), by striking ‘‘and (7)’’ and in-
                                               cial Security Act (42 U.S.C. 1395m(m)) is               cial Security Act (42 U.S.C. 1395 et seq.) and         serting ‘‘(7), and (8)’’; and
                                               amended by adding at the end the following              the Medicare Advantage program under part                 (B) in clause (ii)(X), by inserting ‘‘or para-




SSpencer on DSK126QN23PROD with SENATE
                                               new paragraph:                                          C of such title prior to the waiver or modi-           graph (8)(A)(i)’’ before the period; and
                                                 ‘‘(9) AUTHORITY TO EXTEND TELEHEALTH                  fication of such requirements during the                  (2) in paragraph (8)—
                                               WAIVERS AND POLICIES.—                                  emergency period described in section                     (A) in the paragraph heading by inserting
                                                 ‘‘(A)   AUTHORITY.—Notwithstanding     the            1135(g)(1)(B) of the Social Security Act (42           ‘‘AND FOR AN ADDITIONAL PERIOD AFTER’’ after
                                               preceding provisions of this subsection and             U.S.C. 1320b–5(g)(1)(B)), as established by            ‘‘DURING ’’;
                                               section 1135, subject to subparagraph (B), if           statute, regulation, and sub-regulatory guid-             (B) in subparagraph (A)—
                                               the     emergency    period  under   section            ance under such title.                                    (i) in the matter preceding clause (i), by in-
                                               1135(g)(1)(B) expires prior to December 31,               (2) STUDY AND REPORT.—                               serting ‘‘and the 5-year period beginning on




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                                               S5316                                             CONGRESSIONAL RECORD — SENATE                                                          August 6, 2020
                                               the first day after the end of such emergency           section for a fiscal year for room or board for        shall be in addition to any grants made to
                                               period’’ after ‘‘1135(g)(1)(B)’’;                       youth who have attained age 18, are no                 such courts under section 438 of such Act for
                                                  (ii) in clause (ii), by striking ‘‘and’’ at the      longer in foster care or otherwise eligible for        any fiscal year.
                                               end;                                                    services under such section, and experienced             (B) NO MATCHING REQUIREMENT.—The limi-
                                                  (iii) by redesignating clause (iii) as clause        foster care at 14 years of age or older.               tation on the use of funds specified in section
                                               (iv); and                                                 (c) SPECIAL RULES.—                                  438(d) of such Act (42 U.S.C. 629h(d)) shall not
                                                  (iv) by inserting after clause (ii) the fol-           (1) NONAPPLICATION OF MATCHING FUNDS RE-             apply to the grants awarded under this sec-
                                               lowing new clause:                                      QUIREMENT FOR INCREASED FUNDING.—With                  tion.
                                                  ‘‘(iii) the geographic requirements de-              respect to the amount allotted to a State                (C) NO ADDITIONAL APPLICATION.—The Sec-
                                               scribed in paragraph (4)(C)(i) shall not apply          under section 477(c)(1) of the Social Security         retary shall award grants to the highest
                                               with respect to such a telehealth service;              Act (42 U.S.C. 677(c)(1)) for fiscal year 2020,        State courts under this section without re-
                                               and’’;                                                  the     Secretary      shall    apply    section       quiring such courts to submit an additional
                                                  (C) in subparagraph (B)(i)—                          474(a)(4)(A)(i) of such Act (42 U.S.C.                 application.
                                                  (i) in the first sentence, by inserting ‘‘and        674(a)(4)(A)(i)) to the additional amount of             (D) REPORTS.—The Secretary may estab-
                                               the 5-year period beginning on the first day            such allotment resulting from the deemed               lish reporting criteria specific to the grants
                                               after the end of such emergency period’’ be-            increase in the dollar amount specified in             awarded under this section.
                                               fore the period; and                                    section 477(h)(1) of such Act (42 U.S.C.                 (E) REDISTRIBUTION OF FUNDS.—If a highest
                                                  (ii) in the third sentence, by striking ‘‘pro-       677(h)(1)) for fiscal year 2020 under subsection       State court does not accept a grant awarded
                                               gram instruction or otherwise’’ and inserting           (a) by substituting ‘‘100 percent’’ for ‘‘80 per-      under this section, or does not agree to com-
                                               ‘‘interim final rule, program instruction, or           cent’’.                                                ply with any reporting requirements imposed
                                               otherwise’’; and                                          (2) NO RESERVATION FOR EVALUATION, TECH-             under subparagraph (D) or the use of funds
                                                  (D) by adding at the end the following new           NICAL ASSISTANCE, PERFORMANCE MEASURE-                 requirements specified in subsection (c), the
                                               subparagraph:                                           MENT, AND DATA COLLECTION ACTIVITIES.—Sec-             Secretary shall redistribute the grant funds
                                                  ‘‘(C) REQUIREMENT DURING ADDITIONAL PE-              tion 477(g)(2) of such Act (42 U.S.C. 677(g)(2))       that would have been awarded to that court
                                               RIOD.—                                                  shall not apply to the portion of the deemed           among the other highest State courts that
                                                  ‘‘(i) IN GENERAL.—During the 5-year period           dollar amount for section 477(h)(1) of such            are awarded grants under this section and
                                               beginning on the first day after the end of             Act (42 U.S.C. 677(h)(1)) for fiscal year 2020         agree to comply with such reporting and use
                                               the emergency period described in section               under subsection (a) that exceeds the dollar           of funds requirements.
                                               1135(g)(1)(B), payment may only be made                 amount specified in that section for such fis-           (c) USE OF FUNDS.—A highest State court
                                               under this paragraph for a telehealth service           cal year.                                              awarded a grant under this section shall use
                                               described in subparagraph (A)(i) that is fur-             (d) DEFINITIONS.—In this section:                    the grant funds to address needs stemming
                                               nished to an eligible telehealth individual if            (1) COVID–19 PUBLIC HEALTH EMERGENCY.—               from the COVID–19 public health emergency,
                                               such service is furnished by a qualified pro-           The term ‘‘COVID–19 public health emer-                which may include any of the following:
                                               vider (as defined in clause (ii)).                      gency’’ means the public health emergency                (1) Technology investments to facilitate
                                                  ‘‘(ii) DEFINITION OF QUALIFIED PROVIDER.—            declared by the Secretary pursuant to sec-             the transition to remote hearings for depend-
                                               For purposes of this subparagraph, the term             tion 319 of the Public Health Service Act on           ency courts when necessary as a direct result
                                               ‘qualified provider’ means, with respect to a           January 31, 2020, entitled ‘‘Determination             of the COVID–19 public health emergency.
                                               telehealth service described in subparagraph            that a Public Health Emergency Exists Na-                (2) Training for judges, attorneys, and
                                               (A)(i) that is furnished to an eligible tele-           tionwide as the Result of the 2019 Novel               caseworkers on facilitating and partici-
                                               health individual, a Federally qualified                Coronavirus’’ and includes any renewal of              pating in remote technology hearings that
                                               health center or rural health clinic that fur-          such declaration pursuant to such section              still comply with due process, meet Congres-
                                               nished to such individual, during the 3-year            319.                                                   sionally mandated requirements, ensure
                                               period ending on the date the telehealth                  (2) SECRETARY.—The term ‘‘Secretary’’                child safety and well-being, and help inform
                                               service was furnished, an item or service in            means the Secretary of Health and Human                judicial decision-making.
                                               person for which—                                       Services.                                                (3) Programs to help families address as-
                                                                                                       SEC. l06. COURT IMPROVEMENT PROGRAM.                   pects of the case plan to avoid delays in legal
                                                  ‘‘(I) payment was made under this title; or
                                                  ‘‘(II) such payment would have been made               (a) TEMPORARY FUNDING INCREASES.—Out                 proceedings that would occur as a direct re-
                                               if such individual were entitled to, or en-             of any money in the Treasury of the United             sult of the COVID–19 public health emer-
                                               rolled for, benefits under this title at the            States not otherwise appropriated, there are           gency.
                                                                                                       appropriated to the Secretary, $10,000,000 for           (4) Other purposes to assist courts, court
                                               time such item or service was furnished.’’.
                                                                                                       fiscal year 2020 for making grants in accord-          personnel, or related staff related to the
                                                  (b) EFFECTIVE DATE.—The amendments
                                                                                                       ance with this section to the highest State            COVID–19 public health emergency.
                                               made by this section (other than the amend-
                                                                                                       courts described in section 438 of the Social            (d) DEFINITIONS.—In this section:
                                               ment made by subsection (a)(2)(D)) shall
                                                                                                       Security Act (42 U.S.C. 629h). Grants made               (1) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                               take effect as if included in the enactment of          under this section shall be considered to be
                                               the Coronavirus Aid, Relief, and Economic                                                                      The term ‘‘COVID–19 public health emer-
                                                                                                       Court Improvement Program grants made
                                               Security Act (Public Law 116–136).                                                                             gency’’ means the public health emergency
                                                                                                       under such section 438, subject to the suc-
                                               SEC. l05. SUPPORT FOR OLDER FOSTER YOUTH.                                                                      declared by the Secretary pursuant to sec-
                                                                                                       ceeding provisions of this section.
                                                 (a)   FUNDING    INCREASES.—The   dollar                (b) DISTRIBUTION OF FUNDS.—                          tion 319 of the Public Health Service Act on
                                               amount specified in section 477(h)(1) of the              (1) IN GENERAL.—From the amount appro-               January 31, 2020, entitled ‘‘Determination
                                               Social Security Act (42 U.S.C. 677(h)(1)) for           priated under subsection (a), the Secretary            that a Public Health Emergency Exists Na-
                                               fiscal year 2020 is deemed to be $193,000,000.          shall—                                                 tionwide as the Result of the 2019 Novel
                                                 (b) PROGRAMMATIC FLEXIBILITY.—During                    (A) reserve up to $500,000 for Tribal court          Coronavirus’’ and includes any renewal of
                                               the COVID–19 public health emergency:                   improvement activities; and                            such declaration pursuant to such section
                                                 (1) SUSPENSION OF CERTAIN REQUIREMENTS                  (B) pay from the amount remaining after              319.
                                               UNDER THE EDUCATION AND TRAINING VOUCHER                the application of subparagraph (A), a grant             (2) SECRETARY.—The term ‘‘Secretary’’
                                               PROGRAM.—The Secretary may allow a State                to each highest State court that is approved           means the Secretary of Health and Human
                                               to waive the applicability of the requirement           to receive a grant under section 438 of the            Services.
                                               in section 477(i)(3) of the Social Security Act         Social Security Act for the purpose described           Subtitle B—Emergency Support and COVID–
                                               (42 U.S.C. 677(i)(3)) that a youth must be en-          in subsection (a)(3) of that section for fiscal               19 Protection for Nursing Homes
                                               rolled in a postsecondary education or train-           year 2020.                                             SEC. l11. DEFINITIONS.
                                               ing program or making satisfactory progress               (2) AMOUNT.—The amount of the grant                    In this subtitle:
                                               toward completion of that program if a                  awarded to a highest State court under this              (1) COVID–19.—The term ‘‘COVID–19’’
                                               youth is unable to meet these requirements              section is equal to the sum of—                        means the 2019 Novel Coronavirus or 2019-
                                               due to the public health emergency.                       (A) $85,000; and                                     nCoV.
                                                 (2) AUTHORITY TO WAIVE LIMITATIONS ON                   (B) the amount that bears the same ratio               (2) COVID–19 PUBLIC HEALTH EMERGENCY PE-
                                               PERCENTAGE OF FUNDS USED FOR HOUSING AS-                to the amount appropriated under subsection            RIOD.—The term ‘‘COVID–19 public health
                                               SISTANCE AND ELIGIBILITY FOR SUCH ASSIST-               (a) that remains after the application of              emergency period’’ means the period begin-
                                               ANCE.—Notwithstanding subsections (b)(3)(B)             paragraph (1)(A) and subparagraph (A) of this          ning on the first day of the emergency period
                                               and (b)(3)(C) of section 477 of the Social Se-          paragraph, as the number of individuals in             defined in paragraph (1)(B) of section 1135(g)




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                                               curity Act (42 U.S.C. 677), a State may—                the State who have not attained 21 years of            of the Social Security Act (42 U.S.C. 1320b-
                                                 (A) use more than 30 percent of the                   age bears to the total number of such indi-            5(g)) and ending on the last day of the cal-
                                               amounts paid to the State from its allot-               viduals in all States (based on the most re-           endar quarter in which the last day of such
                                               ment under subsection (c) of such section for           cent year for which data are available from            emergency period occurs.
                                               a fiscal year for room or board payments;               the Bureau of the Census).                               (3) NURSING FACILITY.—The term ‘‘nursing
                                               and                                                       (3) OTHER RULES.—                                    facility’’ has the meaning given that term in
                                                 (B) expend amounts paid to the State from               (A) IN GENERAL.—The grants awarded to                section 1919(a) of the Social Security Act (42
                                               its allotment under subsection (c) of such              the highest State courts under this section            U.S.C. 1396r(a)).




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                                               August 6, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S5317
                                                  (4) PARTICIPATING PROVIDER.—The term                 ment and not supplant response efforts car-            title are designated as an emergency require-
                                               ‘‘participating provider’’ means a skilled              ried out by a State strike team or a tech-             ment pursuant to section 4(g) of the Statu-
                                               nursing facility or a nursing facility that has         nical assistance team established by the Sec-          tory Pay-As-You-Go Act of 2010 (2 U.S.C.
                                               been assigned a national provider identifier            retary during the COVID-19 public health               933(g)).
                                               number by the Secretary and has executed                emergency period.                                        (b) DESIGNATION IN SENATE.—In the Senate,
                                               an agreement to participate in the Medicare             SEC. l13. PROMOTING COVID–19 TESTING AND               this title and the amendments made by this
                                               program established under title XVIII of the                       INFECTION CONTROL IN NURSING                title are designated as an emergency require-
                                               Social Security Act (42 U.S.C. 1395 et seq.) or                    FACILITIES.                                 ment pursuant to section 4112(a) of H. Con.
                                               the Medicaid program established under title              (a) NURSING HOME PROTECTIONS.—The Sec-               Res. 71 (115th Congress), the concurrent reso-
                                               XIX of such Act (42 U.S.C. 1396 et seq.).               retary, in consultation with the Elder Jus-            lution on the budget for fiscal year 2018.
                                                  (5) SECRETARY.—The term ‘‘Secretary’’                tice Coordinating Council, is authorized dur-
                                               means the Secretary of Health and Human                 ing the COVID–19 public health emergency                 SA 2624. Mr. MORAN submitted an
                                               Services.                                               period to enhance efforts by participating             amendment intended to be proposed to
                                                  (6) SKILLED NURSING FACILITY.—The term               providers to respond to COVID–19, including            amendment SA 2499 proposed by Mr.
                                               ‘‘skilled nursing facility’’ has the meaning            through—                                               MCCONNELL to the bill S. 178, to con-
                                               given that term in section 1819(a) of the So-             (1) development of online training courses           demn gross human rights violations of
                                               cial Security Act (42 U.S.C. 1395i–3(a)).               for personnel of participating providers, sur-         ethnic Turkic Muslims in Xinjiang, and
                                                  (7) STATE.—Except as otherwise provided,             vey agencies, the long-term care ombudsman             calling for an end to arbitrary deten-
                                               the term ‘‘State’’ has the meaning given                of each State, and other individuals to facili-        tion, torture, and harassment of these
                                               such term for purposes of title XIX of the So-          tate the implementation of subsection (b);
                                               cial Security Act (42 U.S.C. 1396 et seq.).                                                                    communities inside and outside China;
                                                                                                         (2) enhanced diagnostic testing of visitors
                                               SEC.   l12. ESTABLISHING COVID–19 STRIKE                to, personnel of, and residents of, partici-           which was ordered to lie on the table;
                                                          TEAMS FOR NURSING FACILITIES.                pating providers in which measures of                  as follows:
                                                 (a) IN GENERAL.—The Secretary is author-              COVID–19 in the community support more                   At the appropriate place, insert the fol-
                                               ized to establish and support the operation of          frequent testing for COVID–19;                         lowing:
                                               strike teams comprised of individuals with                (3) development of training materials for            TITLE ll PRIVATE-PUBLIC PARTNER-
                                               relevant skills, qualifications, and experi-            personnel of participating providers, the                SHIP TO PRESERVE JOBS IN THE AVIA-
                                               ence to respond to COVID–19-related crises in           long-term care ombudsman of each State,                  TION MANUFACTURING INDUSTRY
                                               participating providers during the COVID–19             and other individuals to facilitate the imple-         SEC. ll01. DEFINITIONS.
                                               public health emergency period, based on                mentation of subsection (c); and                          In this title:
                                               data reported by such providers to the Cen-               (4) providing support to participating pro-             (1) AT-RISK EMPLOYEE GROUP.—The term
                                               ters for Disease Control and Prevention.                viders in areas deemed by the Secretary to
                                                 (b) MISSION AND COMPOSITION OF STRIKE                                                                        ‘‘at-risk employee group’’ means the portion
                                                                                                       require additional assistance due to the pres-         of an employer’s United States workforce
                                               TEAMS.—
                                                                                                       ence COVID–19 infections.                              that—
                                                 (1) IN GENERAL.—Strike teams established
                                                                                                         (b) TRAINING ON BEST PRACTICES IN INFEC-                (A) does not exceed 25 percent of the em-
                                               by the Secretary may include assessment,
                                                                                                       TION CONTROL AND PREVENTION.—                          ployer’s total United States workforce; and
                                               testing, and clinical teams, and a mission for
                                                                                                         (1) IN GENERAL.—The Secretary shall de-                 (B) as of the date an application is sub-
                                               each such team may include performing
                                                                                                       velop training courses on infection control            mitted, is at risk of a furlough or permanent
                                               medical examinations, conducting COVID–19
                                                                                                       and prevention, including cohorting, strate-           reduction in force but for the relief provided
                                               testing, and assisting participating providers
                                                                                                       gies and use of telehealth to mitigate the             for in this title.
                                               with the implementation of infection control
                                                                                                       transmission of COVID–19 in participating                 (2) AVIATION MANUFACTURING COMPANY.—
                                               practices (such as quarantine, isolation, or
                                                                                                       providers during the COVID–19 public health            The term ‘‘aviation manufacturing com-
                                               disinfection procedures).
                                                                                                       emergency period.                                      pany’’ means those businesses that hold a
                                                 (2) LETTER OF AUTHORIZATION.—Strike
                                                                                                         (2) DEVELOPMENT.—To the extent prac-                 Federal Aviation Administration Type Cer-
                                               teams and members of such teams shall be
                                                                                                       ticable, the training programs developed by            tificate, Production Certificate, Repair Sta-
                                               subject to the Secretary’s oversight and di-
                                                                                                       the Secretary under this subsection shall use          tion Certificate, or other similar authoriza-
                                               rection and the Secretary may issue a letter
                                                                                                       best practices in infection control and pre-           tion from the Federal Aviation Administra-
                                               of authorization to team members describ-
                                                                                                       vention.                                               tion, and as the Secretary may determine,
                                               ing—
                                                                                                         (3) COORDINATION WITH OTHER FEDERAL EN-              may include civil aviation suppliers of such
                                                 (A) the individual’s designation to serve on
                                                                                                       TITIES.—The Secretary shall seek input as              businesses.
                                               1 or more teams under an emergency procla-
                                                                                                       appropriate on the training courses devel-                (3) COVID–19 PUBLIC HEALTH EMERGENCY.—
                                               mation by the Secretary;
                                                                                                       oped under this subsection from the Elder              The term ‘‘COVID–19 public health emer-
                                                 (B) the mission of the team;                                                                                 gency’’ means the public health emergency
                                                                                                       Justice Coordinating Council and the Direc-
                                                 (C) the authority of the individual to per-                                                                  with respect to the 2019 Novel Coronavirus.
                                                                                                       tor of the Centers for Disease Control and
                                               form the team mission;                                                                                            (4) EMPLOYEE.—The term ‘‘employee’’ has
                                                                                                       Prevention.
                                                 (D) the individual’s authority to access                                                                     the meaning given that term in section 3 of
                                                                                                         (4) INTERACTIVE WEBSITE.—The Secretary is
                                               places, persons, and materials necessary for                                                                   the Fair Labor Standards Act of 1938 (29
                                                                                                       authorized to create an interactive website
                                               the team member’s performance of the                                                                           U.S.C. 203)).
                                                                                                       to disseminate training materials and re-
                                               team’s mission;                                                                                                   (5) EMPLOYER.—The term ‘‘employer’’
                                                                                                       lated information in the areas of infection
                                                 (E) the requirement that team members                                                                        means an aviation manufacturing company
                                                                                                       control and prevention, for purposes of car-
                                               maintain the confidentiality of patient in-                                                                    that is an employer (as defined in section 3
                                                                                                       rying out this subsection during the COVID–
                                               formation shared with such individuals by a                                                                    of the Fair Labor Standards Act of 1938 (29
                                                                                                       19 public health emergency period.
                                               participating provider; and                                                                                    U.S.C. 203)).
                                                                                                       SEC.   l14.    PROMOTING TRANSPARENCY IN
                                                 (F) the required security background                                                                            (6) PRIVATE PARTNER CONTRIBUTION.—The
                                                                                                                     COVID–19 REPORTING BY NURSING
                                               checks that the individual has passed.                                FACILITIES.                              term ‘‘private partner contribution’’ means
                                                 (3) SECRETARIAL OVERSIGHT.—The Sec-                     Not later than 10 days after the date of en-         the contribution funded by the employer
                                               retary may, at any time, disband any strike                                                                    under this title to maintain a minimum of 50
                                                                                                       actment of this Act, and at least weekly
                                               team and rescind the letter of authorization                                                                   percent of the at-risk employee group’s total
                                                                                                       thereafter during the COVID-19 public health
                                               for any team member.                                                                                           compensation level, and combined with the
                                                                                                       emergency period, the Secretary shall pro-
                                                 (4) TEAM AND MEMBER AUTHORITY.—A team                                                                        public partner contribution, is sufficient to
                                                                                                       vide the Governor of each State with a list of
                                               and team member may not use the letter of                                                                      maintain the total compensation level for
                                                                                                       all participating providers in the State with
                                               authorization described in paragraph (2) for                                                                   the at-risk employee group as of April 1,
                                                                                                       respect to which the reported cases of
                                               any purpose except in connection with the                                                                      2020.
                                                                                                       COVID–19 in visitors to, personnel of, and
                                               team’s mission of acting in good faith to pro-                                                                    (7) PUBLIC PARTNER CONTRIBUTION.—The
                                                                                                       residents of, such providers increased during
                                               mote resident and employee safety in par-                                                                      term ‘‘public partner contribution’’ means
                                                                                                       the previous week (or, in the case of the first
                                               ticipating providers in which COVID–19 is                                                                      the contribution funded by the Federal Gov-
                                                                                                       such list, during the 10-day period beginning
                                               confirmed to be present.                                                                                       ernment under this title to provide not more
                                                                                                       on the date of enactment of this Act).
                                                 (5) ADMINISTRATION.—The Secretary, in                                                                        than 50 percent of the at-risk employees
                                                                                                       SEC. l15. FUNDING.
                                               consultation with the Director of the Cen-                                                                     group’s total compensation level, and com-
                                                                                                         The Secretary may use amounts appro-
                                               ters for Disease Control and Prevention, may                                                                   bined with the private partner contribution,




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                                                                                                       priated for COVID–19 response and related
                                               establish protocols and procedures for re-                                                                     is sufficient to maintain the total compensa-
                                                                                                       activities pursuant to the CARES Act (Pub-
                                               questing the assistance of a strike team es-                                                                   tion level for those in the at-risk employee
                                                                                                       lic Law 116–136) and subsequently enacted
                                               tablished under this section and any other                                                                     group as of April 1, 2020.
                                                                                                       legislation to carry out this subtitle.
                                               procedures deemed necessary for the team’s                                                                        (8) SECRETARY.—The term ‘‘Secretary’’
                                               operation.                                                   Subtitle C—Emergency Designation                  means the Secretary of the Treasury, or the
                                                 (6) SUPPLEMENTATION OF OTHER RESPONSE                 SEC. l21. EMERGENCY DESIGNATION.                       designee of the Secretary of the Treasury.
                                               EFFORTS.—Strike teams established by the                  (a) IN GENERAL.—The amounts provided by                 (9) TOTAL COMPENSATION LEVEL.—The term
                                               Secretary under this section shall supple-              this title and the amendments made by this             ‘‘total compensation level’’ means the level




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