Text of Senate Amendment 2611 (Congressional Record, Senate, August 6, 2020, page S5305)
Summary
Page S5305 of the Congressional Record, Senate, for August 6, 2020, printing amendments to S. 178, the vehicle for the Senate's pandemic relief package, each ordered to lie on the table. SA 2611, submitted by Mr. Wicker, inserts a section on inclusion of critical care hospitals in the Paycheck Protection Program, amending section 7(a)(36)(D)(iii) and (iv)(I) of the Small Business Act so that the per-location eligibility and affiliation waivers for concerns with an industry code beginning with 72 also cover a critical care hospital assigned a code beginning with 62, including critical access hospitals under section 1861(mm)(1) of the Social Security Act. The page also carries his amendment numbered 2612, letting PPP borrowers request a loan increase under updated regulations notwithstanding the interim final rule of May 19, 2020, and a farm loan forgiveness provision.
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“Text of Senate Amendment 2611 (Congressional Record, Senate, August 6, 2020, page S5305).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/text-of-senate-amendment-2611-congressional-record-senate-august-6-202-80d76fe0c4/
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5305
(1) ELIGIBLE BORROWER.—The term ‘‘eligi- SEC. lll. INCREASED ABILITY FOR PAYCHECK SA 2612. Mr. WICKER submitted an
ble borrower’’ means a borrower of an eligi- PROTECTION PROGRAM BOR-
ROWERS TO REQUEST AN INCREASE
amendment intended to be proposed to
ble loan that is actively engaged in farming amendment SA 2499 proposed by Mr.
IN LOAN AMOUNT DUE TO UPDATED
(within the meaning of section 1001A of the REGULATIONS. MCCONNELL to the bill S. 178, to con-
Food Security Act of 1985 (7 U.S.C. 1308–1)) (a) DEFINITIONS.—In this section—
with respect to a farming operation— demn gross human rights violations of
(1) the term ‘‘Administration’’ means the ethnic Turkic Muslims in Xinjiang, and
(A) for which the eligible loan was made; Small Business Administration; and
and calling for an end to arbitrary deten-
(2) the terms ‘‘covered loan’’ and ‘‘eligible
(B) the average annual adjusted gross in- recipient’’ have the meanings given those
tion, torture, and harassment of these
come for the previous 5-year period of which terms in section 7(a)(36) of the Small Busi- communities inside and outside China;
is not more than $300,000. ness Act (15 U.S.C. 636(a)(36)). which was ordered to lie on the table;
(2) ELIGIBLE LOAN.—The term ‘‘eligible (b) INCREASED AMOUNT.—Notwithstanding as follows:
loan’’ means a loan made before March 19, the interim final rule issued by the Adminis- At the appropriate place, insert the fol-
2020, that is— tration entitled ‘‘Business Loan Program lowing:
(A) a direct farm ownership loan under Temporary Changes; Paycheck Protection SEC. ll. INCLUSION OF CRITICAL CARE HOS-
subtitle A of the Consolidated Farm and Program—Loan Increases’’ (85 Fed. Reg. PITALS IN THE PAYCHECK PROTEC-
Rural Development Act (7 U.S.C. 1922 et 29842 (May 19, 2020)), an eligible recipient of TION PROGRAM.
seq.); a covered loan that is eligible for an in- (a) ELIGIBILITY OF HOSPITALS WITH MORE
(B) a direct operating loan under subtitle B creased covered loan amount as a result of THAN ONE PHYSICAL LOCATION.—Section
of the Consolidated Farm and Rural Develop- any interim final rule that allows for cov- 7(a)(36)(D)(iii) of the Small Business Act (15
ment Act (7 U.S.C. 1941 et seq.); or ered loan increases may submit a request for U.S.C. 636(a)(36)(D)(iii)) is amended by strik-
(C) an emergency loan under subtitle C of an increase in the covered loan amount even ing ‘‘beginning with 72’’ and inserting the
the Consolidated Farm and Rural Develop- if— following: ‘‘beginning with 72 (or, in the case
ment Act (7 U.S.C. 1961 et seq.). (1) the initial covered loan amount has of a critical care hospital, is assigned a
(3) SECRETARY.—The term ‘‘Secretary’’ been fully disbursed; or North American Industry Classification Sys-
means the Secretary of Agriculture. (2) the lender of the initial covered loan tem code beginning with 62)’’.
(b) LOAN FORGIVENESS.— has submitted to the Administration a Form (b) WAIVER OF AFFILIATION RULES.—Sec-
(1) IN GENERAL.—Not later than 1 year after 1502 report related to the covered loan. tion 7(a)(36)(D)(iv)(I) of the Small Business
the date on which the Secretary receives an Act (15 U.S.C. 636(a)(36)(D)(iv)(I)) is amended
application under paragraph (2), subject to SA 2611. Mr. WICKER submitted an by striking ‘‘beginning with 72’’ and insert-
paragraphs (3) and (4), the Secretary shall amendment intended to be proposed by ing the following: ‘‘beginning with 72 (or, in
cancel the obligation to repay the balance of him to the bill S. 178, to condemn gross the case of a critical care hospital, is as-
principal and interest due as of the date of human rights violations of ethnic signed a North American Industry Classifica-
enactment of this Act on an eligible loan for Turkic Muslims in Xinjiang, and call- tion System code beginning with 62)’’.
the eligible borrower. ing for an end to arbitrary detention, (c) CRITICAL CARE HOSPITALS DEFINED.—
(2) APPLICATIONS.—To be eligible for can- torture, and harassment of these com- Section 7(a)(36)(D) of the Small Business Act
cellation under paragraph (1), not later than (15 U.S.C. 636(a)(36)(D)) is amended by adding
munities inside and outside China;
1 year after the date of enactment of this at the end the following:
which was ordered to lie on the table; ‘‘(vii) CRITICAL CARE HOSPITAL DEFINED.—In
Act, an eligible borrower shall submit to the
Secretary an application, which shall cover
as follows: this subparagraph, the term ‘critical care
all eligible loans for which the eligible bor- At the appropriate place, insert the fol- hospital’ means—
rower is seeking cancellation. lowing: ‘‘(I) a hospital (as defined in section 1861(e)
(3) LIMITATIONS.—The total amount can- SEC. ll. INCLUSION OF CRITICAL CARE HOS- of the Social Security Act (42 U.S.C.
PITALS IN THE PAYCHECK PROTEC- 1395x(e))) that—
celled under paragraph (1) with respect to a TION PROGRAM.
farming operation shall be not more than ‘‘(aa) is located in a county (or equivalent
(a) ELIGIBILITY OF HOSPITALS WITH MORE unit of local government) in a rural area, as
$250,000. THAN ONE PHYSICAL LOCATION.—Section
(4) CONDITION.—The cancellation of an obli- defined in section 1886(d)(2)(D) of such Act (42
7(a)(36)(D)(iii) of the Small Business Act (15 U.S.C. 1395ww(d)(2)(D));
gation under paragraph (1) shall be subject U.S.C. 636(a)(36)(D)(iii)) is amended by strik-
to the condition that the applicable eligible ‘‘(bb) is treated as being located in a rural
ing ‘‘beginning with 72’’ and inserting the
borrower shall continue to be actively en- area pursuant to section 1886(d)(8)(E) of such
following: ‘‘beginning with 72 (or, in the case
gaged in farming (within the meaning of sec- Act (42 U.S.C. 1395ww(d)(8)(E)); or
of a critical care hospital, is assigned a
tion 1001A of the Food Security Act of 1985 (7 ‘‘(cc) for the most recent cost reporting pe-
North American Industry Classification Sys-
U.S.C. 1308–1)) for the 2-year period begin- riod under section 1886(d) of such Act (42
tem code beginning with 62)’’.
ning on the date on which the Secretary can- (b) WAIVER OF AFFILIATION RULES.—Sec- U.S.C. 1395ww(d)), received an additional
cels the obligation under that paragraph. tion 7(a)(36)(D)(iv)(I) of the Small Business payment under section 1886(d)(5)(F) of such
Act (15 U.S.C. 636(a)(36)(D)(iv)(I)) is amended Act (42 U.S.C. 1395ww(d)(5)(F)); and
(c) EFFECT.—An eligible borrower that re-
by striking ‘‘beginning with 72’’ and insert- ‘‘(II) a nonprofit or public critical access
ceives cancellation of an obligation with re-
ing the following: ‘‘beginning with 72 (or, in hospital, as defined in section 1861(mm)(1) of
spect to an eligible loan under subsection
the case of a critical care hospital, is as- the Social Security Act (42 U.S.C.
(b)(1) shall not be determined to be ineligible
signed a North American Industry Classifica- 1395x(mm)(1)).’’.
for any loan under subtitle A, B, or C of the
Consolidated Farm and Rural Development tion System code beginning with 62)’’.
(c) CRITICAL CARE HOSPITALS DEFINED.— SA 2613. Mr. ENZI (for himself and
Act (7 U.S.C. 1922 et seq.) because of that
cancellation. Section 7(a)(36)(D) of the Small Business Act Ms. HASSAN) submitted an amendment
(15 U.S.C. 636(a)(36)(D)) is amended by adding intended to be proposed to amendment
(d) TAXABILITY.—For purposes of the Inter-
nal Revenue Code of 1986, any amount which
at the end the following: SA 2499 proposed by Mr. MCCONNELL to
‘‘(vii) CRITICAL CARE HOSPITAL DEFINED.—In the bill S. 178, to condemn gross human
(but for this subsection) would be includible
this subparagraph, the term ‘critical care rights violations of ethnic Turkic Mus-
in gross income of the eligible borrower by
hospital’ means— lims in Xinjiang, and calling for an end
reason of forgiveness described in subsection
‘‘(I) a hospital (as defined in section 1861(e)
(b) shall be excluded from gross income.
of the Social Security Act (42 U.S.C.
to arbitrary detention, torture, and
1395x(e))) that— harassment of these communities in-
SA 2610. Mr. SULLIVAN (for himself ‘‘(aa) is located in a county (or equivalent side and outside China; which was or-
and Ms. MURKOWSKI) submitted an unit of local government) in a rural area, as dered to lie on the table; as follows:
amendment intended to be proposed to defined in section 1886(d)(2)(D) of such Act (42 At the appropriate place, insert the fol-
U.S.C. 1395ww(d)(2)(D)); lowing:
amendment SA 2499 proposed by Mr.
‘‘(bb) is treated as being located in a rural SEC. ll. AUTHORITY TO DESTROY COUNTER-
MCCONNELL to the bill S. 178, to con- area pursuant to section 1886(d)(8)(E) of such FEIT DEVICES.
demn gross human rights violations of Act (42 U.S.C. 1395ww(d)(8)(E)); or (a) IN GENERAL.—Section 801(a) of the Fed-
ethnic Turkic Muslims in Xinjiang, and ‘‘(cc) for the most recent cost reporting pe- eral Food, Drug, and Cosmetic Act (21 U.S.C.
SSpencer on DSK126QN23PROD with SENATE
calling for an end to arbitrary deten- riod under section 1886(d) of such Act (42 381(a)) is amended—
tion, torture, and harassment of these U.S.C. 1395ww(d)), received an additional (1) in the fourth sentence, by inserting ‘‘or
communities inside and outside China; payment under section 1886(d)(5)(F) of such counterfeit device’’ after ‘‘counterfeit drug’’;
which was ordered to lie on the table; Act (42 U.S.C. 1395ww(d)(5)(F)); and and
‘‘(II) a nonprofit or public critical access (2) by striking ‘‘The Secretary of the
as follows:
hospital, as defined in section 1861(mm)(1) of Treasury shall cause the destruction of’’ and
At the appropriate place, insert the fol- the Social Security Act (42 U.S.C. all that follows through ‘‘liable for costs pur-
lowing: 1395x(mm)(1)).’’. suant to subsection (c).’’ and inserting the
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