[Congressional Record Volume 168, Number 62 (Thursday, April 7, 2022)]
[Senate]
[Pages S2101-S2103]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5023. Mr. MARSHALL (for himself, Mr. Braun, and Mr. Scott of 
Florida) submitted an amendment intended to be proposed by him to the 
bill H.R. 6968, to prohibit the importation of energy products of the 
Russian Federation, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. 5. TERMINATION OF GENERAL LICENSE NO. 8A OF OFFICE OF 
                   FOREIGN ASSETS CONTROL; APPLICATION OF 
                   SANCTIONS TO CERTAIN RUSSIAN FINANCIAL 
                   INSTITUTIONS.

       Effective on the date of the enactment of this Act--
       (1) General License No. 8A of the Office of Foreign Assets 
     Control of the Department of the Treasury shall have no force 
     or effect; and
       (2) sanctions imposed under Executive Order 14024 (50 
     U.S.C. 1701 note; relating to blocking property with respect 
     to specified harmful foreign activities of the Government of 
     the Russian Federation) shall apply with respect to each 
     entity specified in General License No. 8A.
                                 ______
                                 
  SA 5024. Mr. MURPHY (for Mr. Tester (for himself, Mr. Boozman, and 
Mr. Manchin)) proposed an amendment to the bill S. 2687, to provide the 
Inspector General of the Department of Veterans Affairs testimonial 
subpoena authority, and for other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening Oversight for 
     Veterans Act of 2021''.

     SEC. 2. TESTIMONIAL SUBPOENA AUTHORITY OF THE INSPECTOR 
                   GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Section 312 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(d)(1)(A) In addition to the authority otherwise provided 
     by the Inspector General Act of 1978 (5 U.S.C. App.) and in 
     accordance with the requirements of this subsection, the 
     Inspector General, in carrying out the provisions of this 
     section, may require by subpoena the attendance and testimony 
     of witnesses as necessary in the performance of the functions 
     assigned to the Inspector General by the Inspector General 
     Act of 1978 (5 U.S.C. App.) and this section, which in the 
     case of contumacy or refusal to obey, such subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(B) The Inspector General may not require by subpoena the 
     attendance and testimony under subparagraph (A) of--
       ``(i) any current Federal employee; or
       ``(ii) any witness as part of any criminal proceeding.
       ``(2) The authority to issue a subpoena under paragraph (1) 
     may not be delegated.
       ``(3)(A) The Inspector General shall notify the Attorney 
     General of the intent to issue a subpoena under paragraph 
     (1).
       ``(B) Not later than 10 days after the date on which the 
     Attorney General is notified pursuant to subparagraph (A), 
     the Attorney General may object in writing to the issuance of 
     the subpoena if the subpoena will interfere with an ongoing 
     investigation and, if the Attorney General makes such an 
     objection, the Inspector General may not issue the subpoena.
       ``(C) If the Attorney General does not object in writing to 
     the issuance of the subpoena during the 10-day period 
     described in subparagraph (B), the Inspector General may 
     issue the subpoena.
       ``(4) Before requiring by subpoena under paragraph (1) the 
     attendance and testimony

[[Page S2102]]

     of a witness, the Inspector General shall, to the degree 
     practicable--
       ``(A) notify the witness of the intent of the Inspector 
     General to issue the subpoena; and
       ``(B) provide the witness an opportunity to attend and 
     testify voluntarily.
       ``(5) Whenever requiring by subpoena under paragraph (1) 
     the attendance and testimony of a witness, the Inspector 
     General shall, to the greatest extent practicable, travel to 
     residence of the witness, the principal place of business of 
     the witness, or other similar location that is in proximity 
     to the residence of the witness.
       ``(6)(A) Along with each semiannual report submitted by the 
     Inspector General pursuant to section 5(b) of the Inspector 
     General Act of 1978 (5 U.S.C. App. 5(b)), the Inspector 
     General shall include a report on the exercise of the 
     authority provided by paragraph (1).
       ``(B) Each report submitted under subparagraph (A) shall 
     include, for the most recently completed six-month period, 
     the following:
       ``(i) The number of testimonial subpoenas issued and the 
     number of individuals interviewed pursuant to such subpoenas.
       ``(ii) The number of proposed testimonial subpoenas with 
     respect to which the Attorney General objected under 
     paragraph (3)(B).
       ``(iii) A discussion of any challenges or concerns that the 
     Inspector General has encountered exercising the authority 
     provided by paragraph (1).
       ``(iv) Such other matters as the Inspector General 
     considers appropriate.
       ``(7)(A) The authority provided by paragraph (1)(A) shall 
     terminate on May 31, 2025.
       ``(B) The termination of authority by subparagraph (A) 
     shall not affect the enforceability of a subpoena issued 
     under paragraph (1)(A) before the date of such 
     termination.''.
       (b) Effective Date.--
       (1) In general.--Subsection (d) of section 312 of title 38, 
     United States Code, as added by subsection (a), shall take 
     effect on the date of the enactment of this Act.
       (2) Semiannual report.--Paragraph (6) of subsection (d) of 
     such section, as so added, shall apply beginning on the date 
     that is seven months after the first day of the first fiscal 
     year beginning after the date of the enactment of this Act.
                                 ______
                                 
  SA 5025. Mr. MURPHY (for Mr. Grassley (for himself, Mr. Durbin, Mr. 
Whitehouse, and Mr. Cornyn)) proposed an amendment to the bill S. 3823, 
to amend title 11, United States Code, to modify the eligibility 
requirements for a debtor under chapter 13, and for other purposes; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bankruptcy Threshold 
     Adjustment and Technical Corrections Act''.

     SEC. 2. BANKRUPTCY AMENDMENTS.

       (a) Definition of Small Business Debtor.--Section 
     101(51D)(B) of title 11, United States Code, is amended--
       (1) in clause (i), by inserting ``under this title'' after 
     ``affiliated debtors''; and
       (2) in clause (iii), by striking ``an issuer'' and all that 
     follows and inserting ``a corporation described in clause 
     (ii).''.
       (b) Adjustments for Inflation.--Section 104 of title 11, 
     United States Code, is amended--
       (1) in subsection (a), by inserting ``1182(1),'' after 
     ``707(b),''; and
       (2) in subsection (b), by inserting ``1182(1),'' after 
     ``707(b),''.
       (c) Who May Be a Debtor Under Chapter 13.--Section 109 of 
     title 11, United States Code is amended by striking 
     subsection (e) and inserting the following:
       ``(e) Only an individual with regular income that owes, on 
     the date of the filing of the petition, noncontingent, 
     liquidated debts of less than $2,750,000 or an individual 
     with regular income and such individual's spouse, except a 
     stockbroker or a commodity broker, that owe, on the date of 
     the filing of the petition, noncontingent, liquidated debts 
     that aggregate less than $2,750,000 may be a debtor under 
     chapter 13 of this title.''.
       (d) Definition of Debtor.--Section 1182(1) of title 11, 
     United States Code, is amended to read as follows:
       ``(1) Debtor.--The term `debtor'--
       ``(A) subject to subparagraph (B), means a person engaged 
     in commercial or business activities (including any affiliate 
     of such person that is also a debtor under this title and 
     excluding a person whose primary activity is the business of 
     owning single asset real estate) that has aggregate 
     noncontingent liquidated secured and unsecured debts as of 
     the date of the filing of the petition or the date of the 
     order for relief in an amount not more than $7,500,000 
     (excluding debts owed to 1 or more affiliates or insiders) 
     not less than 50 percent of which arose from the commercial 
     or business activities of the debtor; and
       ``(B) does not include--
       ``(i) any member of a group of affiliated debtors under 
     this title that has aggregate noncontingent liquidated 
     secured and unsecured debts in an amount greater than 
     $7,500,000 (excluding debt owed to 1 or more affiliates or 
     insiders);
       ``(ii) any debtor that is a corporation subject to the 
     reporting requirements under section 13 or 15(d) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); or
       ``(iii) any debtor that is an affiliate of a corporation 
     described in clause (ii).''.
       (e) Trustee.--Section 1183(b)(5) of title 11, United States 
     Code, is amended--
       (1) by striking ``possession, perform'' and inserting 
     ``possession--
       ``(A) perform'';
       (2) in subparagraph (A), as so designated--
       (A) by striking ``, including operating the business of the 
     debtor''; and
       (B) by adding ``and'' at the end; and
       (3) by adding at the end the following:
       ``(B) be authorized to operate the business of the 
     debtor;''.
       (f) Confirmation of Plan.--Section 1191(c) of title 11, 
     United States Code, is amended by striking paragraph (3) and 
     inserting the following:
       ``(3)(A) The debtor will be able to make all payments under 
     the plan; or
       ``(B)(i) there is a reasonable likelihood that the debtor 
     will be able to make all payments under the plan; and
       ``(ii) the plan provides appropriate remedies, which may 
     include the liquidation of nonexempt assets, to protect the 
     holders of claims or interests in the event that the payments 
     are not made.''.
       (g) Technical Corrections to the Bankruptcy Administration 
     Improvement Act.--Section 589a of title 28, United States 
     Code is amended--
       (1) in subsection (c) by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (f)''; and
       (2) in subsection (f)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``subsections (b) and (c)'' and inserting ``subsection 
     (b)(5)''; and
       (B) in subparagraph (A), by inserting ``needed to offset 
     the amount'' after ``amounts''.
       (h) Effective Date; Applicability.--
       (1) In general.--Subsections (b) and (c) and the amendments 
     made by subsections (b) and (c) shall take effect on the date 
     of enactment of this Act.
       (2) Retroactive application of certain amendments.--The 
     amendments made by subsections (a), (d), (e), and (f) shall 
     apply with respect to any case that--
       (A) is commenced under title 11, United States Code, on or 
     after March 27, 2020; and
       (B) with respect to a case that was commenced on or after 
     March 27, 2020 and before the date of enactment of this Act, 
     is pending on the date of enactment of this Act.
       (3) Effective date of technical corrections to baia.--The 
     amendments made by subsection (g) shall take effect as if 
     enacted on October 1, 2021.
       (i) Sunsets.--
       (1) In general.--Effective on the date that is 2 years 
     after the date of enactment of this Act--
       (A) subsection (e) of section 109 of title 11, United 
     States Code is amended to read as such subsection read on the 
     day before the date of enactment of this Act; and
       (B) section 1182(1) of title 11, United States Code, is 
     amended to read as follows:
       ``(1) Debtor.--The term `debtor' means a small business 
     debtor.''.
       (2) Amounts.--For purposes of applying subsection (e) of 
     section 109 of title 11, United States Code, as amended by 
     paragraph (1)(A), the amounts specified in such subsection 
     shall be the amounts that were in effect on the day before 
     the date of enactment of this Act.
                                 ______
                                 
  SA 5026. Mr. MURPHY (for Mr. Rounds (for himself and Mr. Tester)) 
proposed an amendment to the bill S. 1875, to amend title 38, United 
States Code, to provide a deadline of 180 days for the filing of claims 
for payment for emergency treatment furnished to veterans, and for 
other purposes; as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans' Emergency Care 
     Claims Parity Act''.

     SEC. 2. CLAIMS FOR PAYMENT FROM DEPARTMENT OF VETERANS 
                   AFFAIRS FOR EMERGENCY TREATMENT FURNISHED TO 
                   VETERANS.

       (a) Treatment for Non-Service-Connected Disabilities.--
       (1) In general.--Section 1725 of title 38, United States 
     Code, is amended--
       (A) by redesignating subsection (f) as subsection (h); and
       (B) by inserting after subsection (e) the following new 
     subsections (f) and (g):
       ``(f) Submittal of Claims for Direct Payment.--An 
     individual or entity seeking payment under subsection (a)(2) 
     for treatment provided to a veteran in lieu of reimbursement 
     to the veteran shall submit a claim for such payment not 
     later than 180 days after the latest date on which such 
     treatment was provided.
       ``(g) Hold Harmless.--No veteran described in subsection 
     (b) may be held liable for payment for emergency treatment 
     described in such subsection if--
       ``(1) a claim for direct payment was submitted by an 
     individual or entity under subsection (f); and
       ``(2) such claim was submitted after the deadline 
     established by such subsection due to--
       ``(A) an administrative error made by the individual or 
     entity, such as submission of the claim to the wrong Federal 
     agency, under the wrong reimbursement authority (such as 
     section 1728 of this title), or submission of the claim after 
     the deadline; or
       ``(B) an administrative error made by the Department, such 
     as misplacement of a

[[Page S2103]]

     paper claim or deletion of an electronic claim.''.
       (b) Treatment for and in Connection With Service-Connected 
     Disabilities.--Section 1728 of such title is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) No veteran described in subsection (a) may be held 
     liable for payment for emergency treatment described in such 
     subsection if--
       ``(1) a claim for direct payment was submitted by an 
     individual or entity under subsection (b)(2); and
       ``(2) such claim was submitted after a deadline established 
     by the Secretary for purposes of this section due to--
       ``(A) an administrative error made by the individual or 
     entity, such as submission of the claim to the wrong Federal 
     agency or submission of the claim after the deadline; or
       ``(B) an administrative error made by the Department, such 
     as misplacement of a paper claim or deletion of an electronic 
     claim.''.
       (c) Conforming Amendments.--Such title is amended--
       (1) in section 1705A(d), by striking ``section 1725(f)'' 
     and inserting ``section 1725(h)'';
       (2) in section 1725(b)(3)(B), by striking ``subsection 
     (f)(2)(B) or (f)(2)(C)'' and inserting ``subsection (h)(2)(B) 
     or (h)(2)(C)'';
       (3) in section 1728(d), as redesignated by subsection 
     (b)(4), by striking ``section 1725(f)(1)'' and inserting 
     ``section 1725(h)(1)'';
       (4) in section 1781(a)(4), by striking ``section 1725(f)'' 
     and inserting ``section 1725(h)''; and
       (5) in section 1787(b)(3), by striking ``section 1725(f)'' 
     and inserting ``section 1725(h)''.

     SEC. 3. PUBLICATION OF CLARIFYING INFORMATION FOR NON-
                   DEPARTMENT OF VETERANS AFFAIRS PROVIDERS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     publish on one or more publicly available internet websites 
     of the Department of Veterans Affairs, including the main 
     internet website regarding emergency care authorization for 
     non-Department providers, the following information:
       (1) A summary table or similar resource that provides a 
     list of all authorities of the Department to authorize 
     emergency care from non-Department providers and, for each 
     such authority, the corresponding deadline for submission of 
     claims.
       (2) An illustrated summary of steps, such as a process map, 
     with a checklist for the submission of clean claims that non-
     Department providers can follow to assure compliance with the 
     claims-filing process of the Department.
       (3) Contact information for the appropriate office or 
     service line of the Department to address process questions 
     from non-Department providers.
       (b) Periodic Review.--Not less frequently than once every 
     180 days, the Secretary shall review the information 
     published under subsection (a) to ensure that such 
     information is current.
       (c) Clean Claims Defined.--In this section, the term 
     ``clean claims'' means clean electronic claims and clean 
     paper claims (as those terms are defined in section 1703D(i) 
     of title 38, United States Code).
                                 ______
                                 
  SA 5027. Mr. MURPHY (for Mr. Kaine) proposed an amendment to the 
resolution S. Res. 533, celebrating the centennial of Navy aircraft 
carriers; as follows:

       In the preamble, in the fourth whereas clause, strike 
     ``have been the preeminent power projection platform for the 
     Navy and''.

                          ____________________