18 Employee Retention Credit Congressional Record Health And Economic Recovery Omnibus Emergency Solutions Act
Summary
An extract of the Congressional Record — House for May 15, 2020, beginning at page H2042. It closes debate on H. Res. 965, which would allow Members to designate a proxy to cast floor votes and permit remote committee proceedings; Mr. Palmer speaks in opposition and Mr. Cole demands the yeas and nays. Mrs. Lowey then calls up H.R. 6800, making emergency supplemental appropriations for the fiscal year ending September 30, 2020, with the short title The Heroes Act. Division A appropriations shown include $309,000,000 for the Rental Assistance Program and $10,000,000,000 for the Supplemental Nutrition Assistance Program. The document closes with Title IV—Application to Other Health Programs, including Sec. 30401 on copayments and cost sharing for TRICARE beneficiaries receiving COVID–19 treatment.
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H2042 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
The Supreme Court—which has long re- tem would use secure email for proxy votes: H. Res. 965 gives us the ability to do that
sisted modest attempts to increase trans- a solid, well known, resilient technology with as we fervently do what is necessary to en-
parency and public access to its pro- very low bandwidth requirements that we un- sure this health emergency passes.
ceedings—heard oral arguments by con- derstand very well from a cybersecurity stand- Mr. PALMER. Mr. Speaker, I rise in opposi-
ference call, as it has done during the pan- point. tion to this usurpation of the rights and re-
demic. Those important cases involve critical These new provisions build on steps we sponsibilities of the members of Congress.
congressional oversight prerogatives. have already taken to expand the use of tech- And I emphasize the responsibilities of every
The Senate held a hearing that included re- nology during the pandemic to promote social member of Congress to do the job they were
mote participation, as it has done during the distancing and other safeguards consistent elected to do. I agree with my colleague from
pandemic. This time, it included an entire with the advice of the Attending Physician and Arkansas Mr. Westerman. If you are not able
panel of witnesses testifying remotely, as well the CDC. to do the job you should consider stepping
as a Chairman and Ranking Member who led For example, last month the Speaker di- aside and letting someone else do the job. No
the hearing remotely, in addition to other Sen- rected the creation of an electronic hopper to one in this House is indispensable . . . no
ators. permit the virtual submission of all Floor docu- one.
For its part, the executive branch recog- ments—including bills, resolutions, co-spon- One of my Democrat colleagues referred to
nized the legitimacy and need for these virtual sors and extensions of remarks—via a dedi- this resolution as our rule, there is not one Re-
proceedings by participating in the pro- cated and secure email system. Since the pol- publican in support of this resolution . . . it is
ceedings of both the legislative and judicial icy took effect, 489 measures have been filed, your rule, not our rule.
branches—including by having high ranking and of those, 482 measures were filed elec- I have heard multiple citations of history.
members of the White House Task Force tes- tronically and just 7 were filed using the old Here is one I would like to cite. Caesar Rod-
tify remotely in a Senate hearing about the process. ney was one of the three delegates from Dela-
Administration’s response. And in my capacity as Chairperson of the ware to the Continental Congress. Despite
Expanding congressional activity online en- Joint Committee on Printing, I directed the suffering from facial cancer and asthma, Rod-
sures that we can continue to act, while re- GPO to accept for publication in the Congres- ney rode 80 miles through a severe storm to
serving precious testing equipment and sup- sional Record extensions of remarks sub- cast his vote for Independence. He did not ask
plies for frontline workers who don’t have jobs mitted with a Member’s electronic signature. one of his Delaware colleagues to be his
that can be performed remotely. Under this new, more convenient system proxy. Despite his condition, he rode all night
The House has not always been quick to Members have filed 356 extensions of re- to cast his vote.
adopt technology to its legislative procedures. I stand in the spirit of Rodney Caesar and
marks by email.
It is not unusual for any institution steeped in all others before us who valued upholding
I represent Silicon Valley, which has be-
history and precedent to resist technological their responsibilities above their own self-inter-
come synonymous around the world for tech-
change. That was the case for the House est and well-being, to call on all members of
nology and the spirit of innovation. We in Con-
when it came to advances like electronic vot- good faith who value this institution to vote
gress must adopt the entrepreneurial spirit and
‘No’ on this resolution.
ing and televising our proceedings—both of openness to new technology that made that The SPEAKER pro tempore. All time
which we take for granted today. The first bill community a global leader and apply it to the for debate has expired.
to permit a form of electrical and mechanical procedural and logistical challenges we face in Pursuant to House Resolution 967,
voting was introduced in 1886, but the House our legislative operations—as well as to a the previous question is ordered on the
did not take its first electronic vote until 1973, strategy to respond to and overcome the resolution.
nearly 90 years later. Similarly, it took more coronavirus. The question is on the adoption of
than 40 years from the time Members of the Ms. ADAMS. Mr. Speaker, the American the resolution.
House first appeared on live television to the people, our constituents, are keeping this The question was taken; and the
time that cameras were allowed to broadcast country afloat during this emergency. Speaker pro tempore announced that
live proceedings on the House floor. They are looking at the representatives to the ayes appeared to have it.
Resistance to technological change for gov- lead—not only through the legislation we de- Mr. COLE. Mr. Speaker, on that I de-
erning has not been unique to the House. The bate and pass, but through the example we mand the yeas and nays.
Senate took another seven years after the set. The yeas and nays were ordered.
House to permit television coverage of its pro- I support H. Res. 965 because it will allow The SPEAKER pro tempore. Pursu-
ceedings, and it still does not permit electronic the House to do the People’s business in a ant to clause 8 of rule XX, further pro-
voting. Even today, the Supreme Court does thoughtful and safe way. ceedings on this question will be post-
not televise its proceedings. We are in the midst of the unprecedented poned.
Yet, as we have seen this week, both of crisis—we cannot operate as if things are f
those institutions have recognized that we are business as usual when all the science tells HEALTH AND ECONOMIC RECOV-
living in extraordinary times, and that it is es- us that ‘‘business as usual’’ could mean hun- ERY OMNIBUS EMERGENCY SO-
sential to change the way they operate. dreds of Members, staff, and employees of the LUTIONS ACT
We can—and we must—act swiftly to en- Capitol get sick.
sure that Congress can continue its legislative We need to change how the People’s Mrs. LOWEY. Mr. Speaker, pursuant
and oversight work online during these unique House operates until we ensure that America’s to House Resolution 967, I call up the
and extraordinary times. Working with Leader frontline workers have access to adequate bill (H.R. 6800) making emergency sup-
Hoyer, Chairman McGovern, and the staffs of testing and PPE—and then can provide that plemental appropriations for the fiscal
the Rules and House Administration commit- same access to Members, staff, and Capitol year ending September 30, 2020, and for
tees, together we have prepared a proposal employees. other purposes, and ask for its imme-
that encompasses two distinct components: Because as we all know—that is the only diate consideration.
remote, directed voting on the House floor, way to dig our way out of this health crisis. The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr.
and remote committee hearings and markups H. Res. 965 would allow Members to des-
BROWN of Maryland). Pursuant to
to ensure that we can continue to develop ad- ignate a proxy to cast floor votes if it’s consid-
House Resolution 967, the amendment
ditional legislative solutions and carry out ered too dangerous to travel to Washington
printed in House Report 116–421 is
oversight of the Administration’s response. and would allow for our Committees to con-
For committee operations, the resolution adopted, and the bill, as amended, is
tinue their work in holding hearings and mark-
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
provides for the use of suitable, secure online considered read.
ing up legislation.
The text of the bill, as amended, is as
platforms for committee proceedings. The in- Over the past two months, Congress has
follows:
tent of the resolution is not to provide an ad- passed 4 bills to provide much-needed relief
H.R. 6800
vantage to either the majority or the minority, to the close to 40 million of newly unemployed
Be it enacted by the Senate and House of Rep-
but to permit committees’ proceedings to have Americans, and the 1.45 million Americans resentatives of the United States of America in
the same status and significance as if they that have tested positive for COVID–19. Congress assembled,
were held entirely in-person. Despite what my friends on the other side of SECTION 1. SHORT TITLE.
For voting on the floor, we will rely on a se- the aisle say, Congress is working and will This Act may be cited as ‘‘The Heroes Act’’.
cure email system, coupled with Member-driv- continue to work to meet the health and eco- SEC. 2. TABLE OF CONTENTS.
en, remotely-directed authorizations. This sys- nomic challenge in front of us. The table of contents for this Act is as follows:
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2043
DIVISION A—CORONAVIRUS RECOVERY DIVISION M—CONSUMER PROTECTION to coronavirus, domestically or internationally:
SUPPLEMENTAL APPROPRIATIONS ACT, AND TELECOMMUNICATIONS PROVISIONS Provided further, That such amount is des-
2020 Title I—COVID–19 Price Gouging Prevention ignated by the Congress as being for an emer-
DIVISION B—REVENUE PROVISIONS Title II—E–Rate Support for Wi-Fi Hotspots, gency requirement pursuant to section
Title I—Economic stimulus Other Equipment, and Connected 251(b)(2)(A)(i) of the Balanced Budget and
Title II—Additional relief for workers Devices Emergency Deficit Control Act of 1985.
Title III—Net operating losses Title III—Emergency Benefit for Broadband RURAL DEVELOPMENT PROGRAMS
DIVISION C—HEALTH PROVISIONS Service RURAL HOUSING SERVICE
Title IV—Continued Connectivity RENTAL ASSISTANCE PROGRAM
Title I—Medicaid Provisions Title V—Don’t Break Up the T–Band
Title II—Medicare Provisions For an additional amount for ‘‘Rental Assist-
Title VI—National Suicide Hotline Designation
Title III—Private Insurance Provisions ance Program’’, $309,000,000, to remain available
Title VII—COVID–19 Compassion and Martha
Title IV—Application to Other Health Programs until September 30, 2021, to prevent, prepare for,
Title V—Public Health Policies Wright Prison Phone Justice
and respond to coronavirus, for temporary ad-
Title VI—Public Health Assistance Title VIII—Healthcare Broadband Expansion
justment of wage income losses for residents of
During COVID–19
DIVISION D—RETIREMENT PROVISIONS housing financed or assisted under section 514,
DIVISION N—GIVING RETIREMENT 515, or 516 of the Housing Act of 1949, without
Title I—Relief for Multiemployer Pension Plans
OPTIONS TO WORKERS ACT regard to any existing eligibility requirements
Title II—Relief for Single Employer Pension
Plans DIVISION O—EDUCATION PROVISIONS AND based on income: Provided, That such amount is
Title III—Other Retirement Related Provisions OTHER PROGRAMS designated by the Congress as being for an
DIVISION E—CONTINUED ASSISTANCE TO Title I—Higher Education Provisions emergency requirement pursuant to section
UNEMPLOYED WORKERS Title II—Other Programs 251(b)(2)(A)(i) of the Balanced Budget and
DIVISION P—ACCESS ACT Emergency Deficit Control Act of 1985.
DIVISION F—ASSISTANCE TO AGRICUL-
TURAL PRODUCERS AND OTHER MAT- DOMESTIC FOOD PROGRAMS
DIVISION Q—COVID–19 HEROES FUND
TERS RELATING TO AGRICULTURE FOOD AND NUTRITION SERVICE
Title I—Provisions relating to State, Local,
Title I—Livestock CHILD NUTRITION PROGRAMS
Tribal, and Private Sector Work-
Title II—Dairy ers For an additional amount for ‘‘Child Nutri-
Title III—Specialty Crops and Other Commod- Title II—Provisions relating to Federal employ- tion Programs’’, $3,000,000,000 to remain avail-
ities ees and COVID–19 able until September 30, 2021, to prevent, pre-
Title IV—Commodity Credit Corporation Title III—Coordination of benefits with other pare for, and respond to coronavirus, domesti-
Title V—Conservation programs and laws cally or internationally: Provided, That the
Title VI—Nutrition amount provided under this heading is for the
DIVISION R—CHILD NUTRITION AND
DIVISION G—ACCOUNTABILITY AND purposes of carrying out section 180002 of the
RELATED PROGRAMS
GOVERNMENT OPERATIONS ‘‘Child Nutrition and Related Programs Recov-
DIVISION S—OTHER MATTERS ery Act’’: Provided further, That such amount is
Title I—Accountability
Title II—Census Matters Title I—Health Care Access for Urban Native designated by the Congress as being for an
Title III—Federal Workforce Veterans Act emergency requirement pursuant to section
Title IV—Federal Contracting Provisions Title II—Tribal School Federal Insurance Parity 251(b)(2)(A)(i) of the Balanced Budget and
Title V—District of Columbia Title III—PRC for Native Veterans Act Emergency Deficit Control Act of 1985.
Title VI—Other Matters Title IV—Wildlife-Borne Disease Prevention SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
DIVISION H—VETERANS AND Title V—Pandemic Relief for Aviation Workers WOMEN, INFANTS, AND CHILDREN (WIC)
SERVICEMEMBERS PROVISIONS and Passengers For an additional amount for the ‘‘Special
Title VI—Amtrak and Rail Workers Supplemental Nutrition Program for Women, In-
DIVISION I—SMALL BUSINESS PROVISIONS
Title VII—Energy and Environment Provisions fants, and Children’’, $1,100,000,000, to remain
DIVISION J—SUPPORT FOR ESSENTIAL Title VIII—Death and disability benefits for
WORKERS, AT-RISK INDIVIDUALS, FAMI- available until September 30, 2022: Provided,
public safety officers impacted by That such amount is designated by the Congress
LIES, AND COMMUNITIES COVID–19 as being for an emergency requirement pursuant
Title I—Family Care for Essential Workers Title IX—Victims of Crime Act Amendments to section 251(b)(2)(A)(i) of the Balanced Budget
Title II—Pandemic Emergency Assistance and Title X—Jabara-Heyer NO HATE Act and Emergency Deficit Control Act of 1985.
Services Title XI—Prisons and Jails
Title III—Program flexibility during the pan- SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Title XII—Immigration Matters
demic Title XIII—Coronavirus Relief Fund Amend- For an additional amount for ‘‘Supplemental
DIVISION K—COVID–19 HERO ACT ments Nutrition Assistance Program’’, $10,000,000,000,
Title XIV—Rural Digital Opportunity to remain available until September 30, 2021, to
Title I—Providing Medical Equipment for First
Title XV—Foreign Affairs Provisions prevent, prepare for, and respond to
Responders and Essential Workers
DIVISION T—ADDITIONAL OTHER coronavirus: Provided, That such amount is des-
Title II—Protecting Renters and Homeowners
MATTERS ignated by the Congress as being for an emer-
from Evictions and Foreclosures
gency requirement pursuant to section
Title III—Protecting People Experiencing Home- SEC. 3. REFERENCES. 251(b)(2)(A)(i) of the Balanced Budget and
lessness Except as expressly provided otherwise, any
Title IV—Suspending Negative Credit Reporting Emergency Deficit Control Act of 1985.
reference to ‘‘this Act’’ contained in any divi- COMMODITY ASSISTANCE PROGRAM
and Strengthening Consumer and sion of this Act shall be treated as referring only
Investor Protections For an additional amount for ‘‘Commodity As-
to the provisions of that division.
Title V—Forgiving Student Loan Debt and Pro- sistance Program’’, $150,000,000, to remain avail-
tecting Student Borrowers DIVISION A—CORONAVIRUS RECOVERY able through September 30, 2021, for the emer-
Title VI—Standing Up For Small Businesses, SUPPLEMENTAL APPROPRIATIONS ACT, gency food assistance program as authorized by
Minority-Owned Businesses, and 2020 section 27(a) of the Food and Nutrition Act of
Non-Profits The following sums are hereby appropriated, 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of
Title VII—Empowering Community Financial out of any money in the Treasury not otherwise the Emergency Food Assistance Act of 1983 (7
Institutions appropriated, for the fiscal year ending Sep- U.S.C. 7508(a)(1)): Provided, That such amount
Title VIII—Providing Assistance for State, Ter- tember 30, 2020, and for other purposes, namely: is designated by the Congress as being for an
ritory, Tribal, and Local Govern- TITLE I—AGRICULTURE, RURAL DEVELOP- emergency requirement pursuant to section
ments MENT, FOOD AND DRUG ADMINISTRA- 251(b)(2)(A)(i) of the Balanced Budget and
Title IX—Providing Oversight and Protecting TION, AND RELATED AGENCIES Emergency Deficit Control Act of 1985.
Taxpayers GENERAL PROVISIONS—THIS TITLE
DEPARTMENT OF AGRICULTURE
DIVISION L—FAMILIES, WORKERS, AND SEC. 10101. For an additional amount for the
COMMUNITY SUPPORT PROVISIONS AGRICULTURAL PROGRAMS
Commonwealth of the Northern Mariana Is-
Title I—Amendments to Emergency Family and OFFICE OF INSPECTOR GENERAL lands, $1,822,000, to remain available until Sep-
Medical Leave Expansion Act and For an additional amount for ‘‘Office of In- tember 30, 2021, for nutrition assistance to pre-
Emergency Paid Sick Leave Act spector General’’, $2,500,000, to remain available vent, prepare for, and respond to coronavirus:
Title II—COVID–19 Workforce Development Re- until September 30, 2021, to prevent, prepare for, Provided, That such amount is designated by
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sponse Activities and respond to coronavirus, domestically or the Congress as being for an emergency require-
Title III—COVID–19 Every Worker Protection internationally: Provided, That the funding ment pursuant to section 251(b)(2)(A)(i) of the
Act of 2020 made available under this heading in this Act Balanced Budget and Emergency Deficit Con-
Title IV—Community and Family Support shall be used for conducting audits and inves- trol Act of 1985.
Title V—COVID–19 Protections under tigations of projects and activities carried out SEC. 10102.
Longshore and Harbor Workers’ with funds made available to the Department of Under the heading ‘‘Commodity Assistance
Compensation Act Agriculture to prevent, prepare for, and respond Program’’ in the Coronavirus Aid, Relief, and
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H2044 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Economic Security Act (Public Law 116–136), DEPARTMENTAL MANAGEMENT (5) $10,000,000 is for legal assistance for vic-
strike ‘‘to prevent, prepare for, and respond to OFFICE OF INSPECTOR GENERAL tims, as authorized by section 1201 of the Vic-
coronavirus, domestically or internationally,’’: For an additional amount for ‘‘Office of In- tims of Trafficking and Violence Protection Act
Provided, That the amounts repurposed pursu- spector General’’, $1,000,000, to remain available of 2000 (Public Law 106–386; ‘‘2000 Act’’);
ant to the amendment made by this section that until expended to prevent, prepare for, and re- (6) $4,000,000 is for grants to assist tribal gov-
were previously designated by the Congress as spond to coronavirus, including the impact of ernments in exercising special domestic violence
an emergency requirement pursuant to the Bal- coronavirus on the work of the Department of criminal jurisdiction, as authorized by section
anced Budget and Emergency Deficit Control Commerce and to carry out investigations and 904 of the Violence Against Women Reauthor-
Act of 1985 are designated by the Congress as an audits related to the funding made available for ization Act of 2013; and
emergency requirement pursuant to section (7) $16,000,000 is for grants to support families
the Department of Commerce in this Act and in
251(b)(2)(A)(i) of the Balanced Budget and in the justice system, as authorized by section
title II of division B of Public Law 116–136: Pro-
Emergency Deficit Control Act of 1985. 1301 of the 2000 Act:
vided, That such amount is designated by the
SEC. 10103. For an additional amount for the Provided, That a recipient of such funds shall
Congress as being for an emergency requirement
program established under section 7522 of the not be subject, as a condition for receiving the
pursuant to section 251(b)(2)(A)(i) of the Bal-
Food, Conservation, and Energy Act of 2008 (7 funds, to any otherwise-applicable requirement
anced Budget and Emergency Deficit Control
U.S.C. 5936), to prevent, prepare for, and re- to provide or obtain other Federal or non-Fed-
Act of 1985.
spond to coronavirus, $20,000,000, to remain eral funds: Provided further, That such amount
ADMINISTRATIVE PROVISION—DEPARTMENT OF is designated by the Congress as being for an
available until September 30, 2021: Provided,
COMMERCE emergency requirement pursuant to section
That such amount is designated by the Congress
as being for an emergency requirement pursuant SEC. 10201. Notwithstanding any other provi- 251(b)(2)(A)(i) of the Balanced Budget and
to section 251(b)(2)(A)(i) of the Balanced Budget sion of law, the Federal share for grants pro- Emergency Deficit Control Act of 1985.
and Emergency Deficit Control Act of 1985. vided by the Economic Development Administra- OFFICE OF JUSTICE PROGRAMS
SEC. 10104. Section 11004 of the Coronavirus tion under Public Law 116–93, Public Law 116–
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
Aid, Relief, and Economic Security Act (Public 20, and Public Law 116–136 shall be 100 percent:
Provided, That the amounts repurposed in this For an additional amount for ‘‘State and
Law 116–136) is amended by inserting after the Local Law Enforcement Assistance’’,
4th proviso the following: ‘‘Provided further, section that were previously designated by the
Congress as an emergency requirement pursuant $300,000,000, to remain available until expended,
That the condition set forth in section 9003(f) of for the same purposes and subject to the same
the Farm Security and Rural Investment Act of to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Con- conditions as the appropriations for fiscal year
2002 shall apply with respect to all construction, 2020 under this heading in title II of division B
alteration, or repair work carried out, in whole gress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget of Public Law 116–136, including for the pur-
or in part, with funds made available by this chase of personal protective equipment, and for
section:’’: Provided, That amounts repurposed and Emergency Deficit Control Act of 1985.
costs related to preventing and controlling
pursuant to the amendments made pursuant to DEPARTMENT OF JUSTICE
coronavirus at correctional institutions: Pro-
this section are designated by the Congress as FEDERAL PRISON SYSTEM vided, That, notwithstanding section 502(a)(1)
being for an emergency requirement pursuant to SALARIES AND EXPENSES of the Omnibus Crime Control and Safe Streets
section 251(b)(2)(A)(i) of the Balanced Budget For an additional amount for ‘‘Salaries and Act of 1968 (34 U.S.C. 10153), funds provided
and Emergency Deficit Control Act of 1985. Expenses’’, $200,000,000, to remain available under this heading in both this Act and title II
TITLE II—COMMERCE, JUSTICE, SCIENCE, until September 30, 2021, to prevent, prepare for, of division B of Public Law 116–136 may be used
AND RELATED AGENCIES and respond to coronavirus, including the im- to supplant State or local funds: Provided fur-
DEPARTMENT OF COMMERCE pact of coronavirus on the work of the Depart- ther, That a recipient of funds made available
ment of Justice, to include funding for medical under this heading in both this Act and title II
BUREAU OF THE CENSUS of division B of Public Law 116–136 shall not be
testing and services, personal protective equip-
CURRENT SURVEYS AND PROGRAMS ment, hygiene supplies and services, and sanita- subject, as a condition for receiving the funds,
(INCLUDING TRANSFER OF FUNDS) tion services: Provided, That such amount is to any otherwise-applicable requirement to pro-
For an additional amount for ‘‘Current Sur- designated by the Congress as being for an vide or obtain other Federal or non-Federal
veys and Programs’’, $10,000,000: Provided, That emergency requirement pursuant to section funds: Provided further, That such amount is
such sums may be transferred to the Bureau of 251(b)(2)(A)(i) of the Balanced Budget and designated by the Congress as being for an
the Census Working Capital Fund for necessary Emergency Deficit Control Act of 1985. emergency requirement pursuant to section
expenses incurred as a result of the coronavirus, OFFICE OF INSPECTOR GENERAL 251(b)(2)(A)(i) of the Balanced Budget and
including for payment of salaries and leave to For an additional amount for ‘‘Office of In- Emergency Deficit Control Act of 1985.
spector General’’, $3,000,000, to remain available For an additional amount for ‘‘State and
Bureau of the Census staff resulting from the
until expended to prevent, prepare for, and re- Local Law Enforcement Assistance’’,
suspension of data collection for reimbursable
spond to coronavirus, including the impact of $250,000,000, to remain available until expended,
surveys conducted for other Federal agencies:
coronavirus on the work of the Department of for offender reentry programs and research, as
Provided further, That such amount is des-
Justice and to carry out investigations and au- authorized by the Second Chance Act of 2007
ignated by the Congress as being for an emer-
dits related to the funding made available for (Public Law 110–199) and by the Second Chance
gency requirement pursuant to section
the Department of Justice in this Act: Provided, Reauthorization Act of 2018 (Public Law 115–
251(b)(2)(A)(i) of the Balanced Budget and
That such amount is designated by the Congress 391), without regard to the time limitations spec-
Emergency Deficit Control Act of 1985.
as being for an emergency requirement pursuant ified at section 6(1) of such Act, to prevent, pre-
PERIODIC CENSUSES AND PROGRAMS pare for, and respond to coronavirus: Provided,
to section 251(b)(2)(A)(i) of the Balanced Budget
For an additional amount for ‘‘Periodic Cen- and Emergency Deficit Control Act of 1985. That, notwithstanding any other provision of
suses and Programs’’, $400,000,000, to remain law, funds provided under this heading may be
STATE AND LOCAL LAW ENFORCEMENT used to supplant State or local funds: Provided
available until September 30, 2022, to prevent,
ACTIVITIES further, That a recipient of funds made avail-
prepare for, and respond to coronavirus: Pro-
vided, That such amount is designated by the OFFICE ON VIOLENCE AGAINST WOMEN able under this heading in this Act shall not be
Congress as being for an emergency requirement VIOLENCE AGAINST WOMEN PREVENTION AND subject, as a condition for receiving the funds,
pursuant to section 251(b)(2)(A)(i) of the Bal- PROSECUTION PROGRAMS to any otherwise-applicable requirement to pro-
anced Budget and Emergency Deficit Control For an additional amount for ‘‘Violence vide or obtain other Federal or non-Federal
Act of 1985. Against Women Prevention and Prosecution funds: Provided further, That such amount is
NATIONAL OCEANIC AND ATMOSPHERIC Programs’’, $100,000,000, to remain available designated by the Congress as being for an
ADMINISTRATION until expended, of which— emergency requirement pursuant to section
(1) $30,000,000 is for grants to combat violence 251(b)(2)(A)(i) of the Balanced Budget and
ASSISTANCE TO FISHERY PARTICIPANTS Emergency Deficit Control Act of 1985.
against women, as authorized by part T of the
Pursuant to section 12005 of the Coronavirus Omnibus Crime Control and Safe Streets Acts of For an additional amount for ‘‘State and
Aid, Relief, and Economic Security Act of 2020 1968; Local Law Enforcement Assistance’’,
(Public Law 116–136), for an additional amount (2) $15,000,000 is for transitional housing as- $600,000,000, to remain available until expended,
for ‘‘Assistance to Fishery Participants’’, sistance grants for victims of domestic violence, for grants, contracts, cooperative agreements,
$100,000,000, to remain available until September dating violence, stalking, or sexual assault, as and other assistance as authorized by the Pan-
30, 2021, for necessary expenses to provide as- authorized by section 40299 of the Violent Crime demic Justice Response Act (‘‘the Act’’): Pro-
sistance to Tribal, subsistence, commercial, and Control and Law Enforcement Act of 1994 (Pub- vided, That $500,000,000 is to establish and im-
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charter fishery participants affected by the lic Law 103–322; ‘‘1994 Act’’); plement policies and procedures to prevent, de-
novel coronavirus (COVID–19), which may in- (3) $15,000,000 is for sexual assault victims as- tect, and stop the presence and spread of
clude direct relief payments: Provided, That sistance, as authorized by section 41601 of the COVID–19 among arrestees, detainees, inmates,
such amount is designated by the Congress as 1994 Act; correctional facility staff, and visitors to the fa-
being for an emergency requirement pursuant to (4) $10,000,000 is for rural domestic violence cilities; and for pretrial citation and release
section 251(b)(2)(A)(i) of the Balanced Budget and child abuse enforcement assistance grants, grants, as authorized by the Act: Provided fur-
and Emergency Deficit Control Act of 1985. as authorized by section 40295 of the 1994 Act; ther, That $25,000,000 is for Rapid COVID–19
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2045
Testing, as authorized by the Act: Provided fur- the mechanisms by which that disinformation BUREAU OF THE FISCAL SERVICE
ther, That $75,000,000 is for grants for Juvenile influences the public debate; SALARIES AND EXPENSES
Specific Services, as authorized by the Act: Pro- (3) the role social media plays in the dissemi- For an additional amount for ‘‘Salaries and
vided further, That a recipient of funds made nation and promotion of COVID–19 Expenses’’, $78,650,000, to remain available until
available under this heading in this Act shall disinformation and misinformation content and September 30, 2021, to prevent, prepare for, and
not be subject, as a condition for receiving the the role social media platforms play in the orga- respond to coronavirus, domestically or inter-
funds, to any otherwise-applicable requirement nization of groups seeking to spread COVID–19 nationally: Provided, That such amount is des-
to provide or obtain other Federal or non-Fed- disinformation; ignated by the Congress as being for an emer-
eral funds: Provided further, That funds made (4) the potential financial returns for creators gency requirement pursuant to section
available under this heading shall be made or distributors of COVID–19 disinformation, and 251(b)(2)(A)(i) of the Balanced Budget and
available without any otherwise applicable re- the role such financial incentives play in the Emergency Deficit Control Act of 1985.
quirement that a recipient of such funds provide propagation of COVID–19 disinformation;
CORONAVIRUS STATE FISCAL RELIEF FUND
any other Federal funds, or any non-Federal (5) potential strategies to mitigate the dissemi-
nation and negative impacts of COVID–19 For making payments to States, territories,
funds, as a condition to receive the funds made
disinformation, including specifically, the dis- and Tribal governments to mitigate the fiscal ef-
available under this heading: Provided further,
semination of disinformation on social media, fects stemming from the public health emergency
That such amount is designated by the Congress
including through improved disclosures; and with respect to the Coronavirus Disease
as being for an emergency requirement pursuant
(6) an analysis of the limitations of these miti- (COVID–19), $540,000,000,000 to remain available
to section 251(b)(2)(A)(i) of the Balanced Budget until expended, which shall be in addition to
and Emergency Deficit Control Act of 1985. gation strategies, and an analysis of how these
strategies can be implemented without infring- any other amounts available for making pay-
COMMUNITY ORIENTED POLICING SERVICES ments to States, territories, and Tribal govern-
ing on Americans’ Constitutional rights and
COMMUNITY ORIENTED POLICING SERVICES civil liberties. ments for any purpose (including payments
PROGRAMS
RELATED AGENCIES made under section 601 of the Social Security
For an additional amount for ‘‘Community Act), of which:
LEGAL SERVICES CORPORATION (1) $20,000,000,000 shall be for making pay-
Oriented Policing Services’’, $300,000,000, to re-
PAYMENT TO THE LEGAL SERVICES CORPORATION ments to the Commonwealth of Puerto Rico,
main available until expended, for grants under
section 1701 of title I of the 1968 Omnibus Crime For an additional amount for ‘‘Payment to United States Virgin Islands, Guam, Common-
Control and Safe Streets Act (34 U.S.C. 10381) the Legal Services Corporation’’, $50,000,000, for wealth of the Northern Mariana Islands, and
for hiring and rehiring of additional career law the same purposes and subject to the same con- American Samoa: Provided, That of the amount
enforcement officers under part Q of such title, ditions as the appropriations for fiscal year 2020 made available in this paragraph, half shall be
notwithstanding subsection (i) of such section, under this heading in title II of division B of allocated equally among each entity specified in
Public Law 116–136: Provided, That such this paragraph, and half shall be allocated as
and including for the purchase of personal pro-
amount is designated by the Congress as being an additional amount to each such entity in an
tective equipment: Provided, That, notwith-
for an emergency requirement pursuant to sec- amount which bears the same proportion to half
standing section 1704 of the Omnibus Crime
tion 251(b)(2)(A)(i) of the Balanced Budget and of the total amount provided under this para-
Control and Safe Streets Act of 1968 (34 U.S.C.
Emergency Deficit Control Act of 1985. graph as the relative population of each such
10384), funds provided under this heading may
TITLE III—FINANCIAL SERVICES AND entity bears to the total population of all such
be used to supplant State or local funds and
GENERAL GOVERNMENT entities;
may be used to retain career law enforcement (2) $20,000,000,000 shall be for making pay-
officers: Provided further, That a recipient of DEPARTMENT OF THE TREASURY ments to Tribal governments: Provided, That
funds made available under this heading in this DEPARTMENTAL OFFICES payments of amounts made available in this
Act shall not be subject, as a condition for re- OFFICE OF INSPECTOR GENERAL paragraph shall be made to each Tribal Govern-
ceiving the funds, to any otherwise-applicable ment in an amount determined by the Secretary
SALARIES AND EXPENSES
requirement to provide or obtain other Federal of the Treasury, in consultation with the Sec-
or non-Federal funds: Provided further, That For an additional amount for ‘‘Salaries and
Expenses’’, $35,000,000, to remain available until retary of the Interior and Indian Tribes, that is
such amount is designated by the Congress as based on increased aggregate expenditures of
being for an emergency requirement pursuant to expended, to conduct monitoring and oversight
of the receipt, disbursement, and use of funds each such Tribal government (or a tribally-
section 251(b)(2)(A)(i) of the Balanced Budget owned entity of such Tribal government) in fis-
and Emergency Deficit Control Act of 1985. made available under the ‘‘Coronavirus State
Fiscal Relief Fund’’ and the ‘‘Coronavirus cal year 2020 relative to aggregate expenditures
SCIENCE in fiscal year 2019 by the Tribal government (or
Local Fiscal Relief Fund’’ (collectively, ‘‘Fiscal
NATIONAL SCIENCE FOUNDATION Relief Funds’’): Provided, That, if the Inspector tribally-owned entity) and determined in such
RESEARCH AND RELATED ACTIVITIES General of the Department of the Treasury de- manner as the Secretary determines appropriate
termines that an entity receiving a payment to ensure that all amounts available pursuant to
(INCLUDING TRANSFER OF FUNDS)
from amounts provided by the Fiscal Relief the preceding proviso for fiscal year 2020 are
For an additional amount for ‘‘Research and distributed to Tribal governments:
Related Activities’’, $125,000,000, to remain Funds has failed to comply with the provisions
(3) $250,000,000,000 shall be for making initial
available until September 30, 2022, to prevent, governing the use of such funding, the Inspector
payments to each of the 50 States and the Dis-
prepare for, and respond to coronavirus, includ- General shall transmit any relevant information
trict of Columbia, of which—
ing to fund research grants, of which $1,000,000 related to such determination to the Committees (A) $51,000,000,000 shall be allocated equally
shall be for a study on the spread of COVID–19 on Appropriations of the House of Representa- between each of the 50 States and the District of
related disinformation: Provided further, That, tives and the Senate not later than 5 days after Columbia;
of the amount appropriated under this heading any such determination is made: Provided fur- (B) $150,000,000,000 shall be allocated as an
in this Act, up to 2 percent of funds may be ther, That such amount is designated by the additional amount to each such entity in an
transferred to the ‘‘Agency Operations and Congress as being for an emergency requirement amount which bears the same proportion to the
Award Management’’ account for management, pursuant to section 251(b)(2)(A)(i) of the Bal- total amount provided under this subparagraph
administration, and oversight of funds provided anced Budget and Emergency Deficit Control as the relative population of each such entity
under this heading in this Act: Provided fur- Act of 1985. bears to the total population of all such entities;
ther, That such amount is designated by the TREASURY INSPECTOR GENERAL FOR TAX (C) $49,000,000,000 shall be allocated as addi-
Congress as being for an emergency requirement ADMINISTRATION tional amounts among each of the 50 States and
pursuant to section 251(b)(2)(A)(i) of the Bal- SALARIES AND EXPENSES the District of Columbia in an amount which
anced Budget and Emergency Deficit Control For an additional amount for ‘‘Salaries and bears the same proportion to the total amount
Act of 1985. Expenses’’, $2,500,000, to remain available until provided under this subparagraph as the rel-
ADMINISTRATIVE PROVISION—SCIENCE expended, to prevent, prepare for, and respond ative prevalence of COVID–19 within each such
to coronavirus, domestically or internationally: entity bears to the total prevalence of COVID–
STUDY ON COVID–19 DISINFORMATION 19 within all such entities: Provided, That the
SEC. 10202. (a) STUDY.—No later than 30 days Provided, That such amount is designated by
the Congress as being for an emergency require- relative prevalence of COVID–19 shall be cal-
after the date of enactment of this Act, the Di- culated using the most recent data on the num-
rector of the National Science Foundation shall ment pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Con- ber of confirmed and probable cases as pub-
enter into an arrangement with the National lished on the Internet by the Centers for Disease
Academies of Science, Engineering, and Medi- trol Act of 1985.
Control and Prevention for each entity specified
cine (National Academies) to conduct a study on HOMEOWNER ASSISTANCE FUND
in the preceding proviso;
the current understanding of the spread of For activities and assistance authorized in (4) $250,000,000,000 shall be for making an ad-
dlhill on DSK120RN23PROD with HOUSE
COVID–19-related disinformation on the inter- section 110202 of the ‘‘COVID–19 HERO Act’’ , ditional payment to each of the 50 States and
net and social media platforms. The study shall $75,000,000,000, to remain available until ex- the District of Columbia, of which—
address the following: pended: Provided, That such amount is des- (A) $51,000,000,000 shall be allocated equally
(1) the role disinformation and misinformation ignated by the Congress as being for an emer- between each of the 50 States and the District of
has played in the public response to COVID–19; gency requirement pursuant to section Columbia; and
(2) the sources of COVID–19-related 251(b)(2)(A)(i) of the Balanced Budget and (B) $199,000,000,000 shall be allocated between
disinformation—both foreign and domestic—and Emergency Deficit Control Act of 1985. each such entity in an additional amount which
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H2046 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
bears the same proportion to the total amount That $43,750,000,000 of the funds provided under Provided further, That if the Inspector General
provided under this subparagraph as the aver- this subparagraph shall be paid not earlier than of the Department of the Treasury determines
age estimated number of seasonally-adjusted April 15, 2021, but not later than May 3, 2021; that an entity receiving a payment from
unemployed individuals (as measured by the and amounts provided under this heading has failed
Bureau of Labor Statistics Local Area Unem- (B) $56,250,000,000 shall be distributed to each to comply with the preceding proviso, the
ployment Statistics program) in each such entity State (as that term is defined in section 102 of amount equal to the amount of funds used in
over the 3-month period ending in March 2021 the Housing and Community Development Act violation of such subsection shall be booked as
bears to the average estimated number of sea- of 1974 (42 U.S.C. 5302)) for use by units of gen- a debt of such entity owed to the Federal Gov-
sonally-adjusted unemployed individuals in all eral local government, other than counties or ernment, and any amounts recovered under this
such entities over the same period. parishes, in nonentitlement areas (as defined in subsection shall be deposited into the general
Provided further, That any entity receiving a such section 102) of such States in an amount fund of the Treasury as discretionary offsetting
payment from funds made available under this which bears the same proportion to the total receipts: Provided further, That nothing in
heading in this Act shall only use such amounts amount provided under this subparagraph as paragraph (1) or (2) shall be construed as pro-
to respond to, mitigate, cover costs or replace the total population of such units of general hibiting a unit of general local government that
foregone revenues not projected on January 31, local government within the State bears to the has formed a consolidated government, or that
2020 stemming from the public health emergency, total population of all such units of general is geographically contained (in full or in part)
or its negative economic impacts, with respect to local government in all such States: Provided, within the boundaries of another unit of general
the Coronavirus Disease (COVID–19): Provided That two-thirds of the funds provided under local government from receiving a distribution
further, That if the Inspector General of the De- this subparagraph and allocated to each such under each of subparagraphs (A) and (B) under
partment of the Treasury determines that an en- unit of general local government shall be distrib- paragraph (1) or under paragraph (2), as appli-
tity receiving a payment from amounts provided uted to each such unit of general local govern- cable, based on the respective formulas specified
under this heading has failed to comply with ment not later than 30 days after the date of en- contained therein: Provided further, That the
the preceding proviso, the amount equal to the actment of this Act: Provided further, That the amounts otherwise determined for distribution
amount of funds used in violation of such sub- remainder of the funds provided under this sub- to units of local government under each of sub-
section shall be booked as a debt of such entity paragraph and allocated to each such unit of paragraphs (A) and (B) under paragraph (1)
owed to the Federal Government, and any general local government shall be distributed to and under paragraph (2) shall each be adjusted
amounts recovered under this subsection shall each such unit of general local government not by the Secretary of the Treasury on a pro rata
be deposited into the general fund of the Treas- earlier than April 15, 2021, but not later than basis to the extent necessary to comply with the
ury as discretionary offsetting receipts: Pro- May 3, 2021: Provided further, That a State
amount appropriated and the requirements spec-
vided further, That for purposes of the pre- shall pass-through the amounts received under
ified in each paragraph and subparagraph, as
ceding provisos under this heading in this Act, this subparagraph, within 30 days of receipt, to
applicable: Provided further, That as used
the population of each entity described in any each such unit of general local government in
under this heading in this Act, the term ‘‘coun-
such proviso shall be determined based on the an amount that bears the same proportion to the
ty’’ means a county, parish, or other equivalent
amount distributed to each such State as the
most recent year for which data are available county division (as defined by the Bureau of the
population of such unit of general local govern-
from the Bureau of the Census, or in the case of Census): Provided further, That for purposes of
ment bears to the total population of all such
an Indian tribe, shall be determined based on the preceding provisos under this heading in
units of general local government within each
data certified by the Tribal government: Pro- this Act, the population of an entity shall be de-
such State: Provided further, That if a State has
vided further, That as used under this heading termined based on the most recent year for
not elected to distribute amounts allocated
in this Act, the terms ‘‘Tribal government’’ and which data are available from the Bureau of the
under this paragraph, the Secretary of the
‘‘Indian Tribe’’ have the same meanings as spec- Census: Provided further, That such amount is
Treasury shall pay the applicable amounts
ified in section 601(g) of the Social Security Act designated by Congress as being for an emer-
under this subparagraph to such units of gen-
(42 U.S.C. 601(g)), as added by section 5001 of gency requirement pursuant to section
eral local government in the State not later than
the CARES Act (Public Law 116–136) and 30 days after the date on which the State would 251(b)(2)(A)(i) of the Balanced Budget and
amended by section 191301 of division X of this otherwise have received the amounts from the Emergency Deficit Control Act of 1985.
Act, and the term ‘‘State’’ means one of the 50 Secretary; and COMMUNITY DEVELOPMENT FINANCIAL
States: Provided further, That the Secretary of (2) $187,500,000,000 shall be paid directly to INSTITUTIONS FUND PROGRAM ACCOUNT
Treasury shall make all payments required pur- counties within the 50 States, the District of Co- For an additional amount for the ‘‘Commu-
suant to paragraphs (1), (2), and (3) not later lumbia, the Commonwealth of Puerto Rico, the nity Development Financial Institutions Fund
than 30 days after the date of enactment of this United States Virgin Islands, Guam, the Com- Program Account’’, $1,000,000,000, to remain
Act, and shall make all payments required pur- monwealth of the Northern Mariana Islands, available until September 30, 2021, to prevent,
suant to paragraph (4) not later than May 3, and American Samoa in an amount which bears prepare for, and respond to coronavirus: Pro-
2021: Provided further, That such amount is the same proportion to the total amount pro- vided, That the Community Development Finan-
designated by the Congress as being for an vided under this paragraph as the relative pop- cial Institutions Fund (CDFI) shall provide
emergency requirement pursuant to section ulation of each such county bears to the total grants using a formula that takes into account
251(b)(2)(A)(i) of the Balanced Budget and population of all such entities: Provided, That criteria such as certification status, financial
Emergency Deficit Control Act of 1985. two-thirds of the funds provided under this and compliance performance, portfolio and bal-
CORONAVIRUS LOCAL FISCAL RELIEF FUND paragraph and allocated to each such county ance sheet strength, and program capacity: Pro-
For making payments to metropolitan cities, shall be distributed to each such county not vided further, That not less than $25,000,000
counties, and other units of general local gov- later than 30 days after the date of enactment of shall be for financial assistance, technical as-
ernment to mitigate the fiscal effects stemming this Act: Provided further, That the remainder sistance, and training and outreach programs
from the public health emergency with respect of the amount allocated to each such county designed to benefit Native American, Native Ha-
to the Coronavirus Disease (COVID–19), under this paragraph shall be distributed to waiian, and Alaska Native communities: Pro-
$375,000,000,000, to remain available until ex- each such county not earlier than April 15, 2021, vided further, That the CDFI Fund shall make
pended, which shall be in addition to any other but not later than May 3, 2021: Provided fur- funds available under this subsection within 60
amounts available for making payments to met- ther, That no county that is an ‘‘urban county’’ days of the date of enactment of this Act: Pro-
ropolitan cities, counties, and other units of (as defined in section 102 of the Housing and vided further, That funds made available under
general local government (including payments Community Development Act of 1974 (42 U.S.C. this heading may be used for administrative ex-
made under section 601 of the Social Security 5302)) shall receive less than the amount the penses, including administration of CDFI Fund
Act), of which— county would otherwise receive if the amount programs and the New Markets Tax Credit Pro-
(1) $187,500,000,000 shall be for making pay- distributed under this paragraph were allocated gram: Provided further, That such amount is
ments to metropolitan cities and other units of to metropolitan cities and urban counties under designated by the Congress as being for an
general local government (as those terms are de- section 106(b) of the Housing and Community emergency requirement pursuant to section
fined in section 102 of the Housing and Commu- Development Act of 1974 (42 U.S.C. 5306(b)): 251(b)(2)(A)(i) of the Balanced Budget and
nity Development Act of 1974 (42 U.S.C. 5302)), Provided further, That in the case of an amount Emergency Deficit Control Act of 1985.
of which— to be paid to a county that is not a unit of gen-
ADMINISTRATIVE PROVISION—INTERNAL REVENUE
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
(A) $131,250,000,000 shall be allocated pursu- eral local government, the amount shall instead
SERVICE
ant to the formula under section 106(b)(1) of the be paid to the State in which such county is lo-
Housing and Community Development Act of cated, and such State shall distribute such (INCLUDING TRANSFER OF FUNDS)
1974 (42 U.S.C. 5306(b)(1)) to metropolitan cities amount to units of general local government SEC. 10301. In addition to the amounts other-
(as defined in section 102(a)(4) of such Act (42 within such county in an amounts that bear the wise available to the Internal Revenue Service
U.S.C. 5302(a)(4)), including metropolitan cities same proportion as the population of such units in fiscal year 2020, $520,000,000, to remain avail-
that have relinquished or deferred their status of general local government bear to the total able until September 30, 2021, shall be available
as a metropolitan city as of the date of enact- population of such county: Provided further, to prevent, prepare for, and respond to
ment of this Act: Provided, That $87,500,000,000 That for purposes of this paragraph, the District coronavirus, including for costs associated with
of the funds provided under this subparagraph of Columbia shall be considered to consist of a the extended filing season: Provided, That such
shall be paid not later than 30 days after the single county that is a unit of general local gov- funds may be transferred by the Commissioner
date of enactment of this Act: Provided further, ernment: to the ‘‘Taxpayer Services’’, ‘‘Enforcement’’, or
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2047
‘‘Operations Support’’ accounts of the Internal is amended by striking ‘‘December 31, 2020’’ and GENERAL SERVICES ADMINISTRATION
Revenue Service for an additional amount to be inserting ‘‘September 30, 2021’’. TECHNOLOGY MODERNIZATION FUND
used solely to prevent, prepare for, and respond (d) Notwithstanding any requirement that a For an additional amount for the ‘‘Tech-
to coronavirus, domestically or internationally: State legislature appropriate and release any nology Modernization Fund’’, $1,000,000,000, to
Provided further, That the Committees on Ap- funds made available under the Help America remain available until September 30, 2022, for
propriations of the House of Representatives Vote Act of 2002, the chief election official of technology-related modernization activities to
and the Senate shall be notified in advance of each State shall have access to the funds made prevent, prepare for, and respond to
any such transfer: Provided further, That such available under the heading ‘‘Election Assist- coronavirus, domestically or internationally:
transfer authority is in addition to any other ance Commission—Election Security Grants’’ in Provided, That such amount is designated by
transfer authority provided by law: Provided this Act and in the Coronavirus Aid, Relief, and the Congress as being for an emergency require-
further, That not later than 30 days after the Economic Security Act (Public Law 116–136) ment pursuant to section 251(b)(2)(A)(i) of the
date of enactment of this Act, the Commissioner without any such action by the State legisla- Balanced Budget and Emergency Deficit Con-
shall submit to the Committees on Appropria- ture. trol Act of 1985.
tions of the House of Representatives and the (e) A State may elect to reallocate funds allo-
cated under the heading ‘‘Election Assistance OFFICE OF PERSONNEL MANAGEMENT
Senate a spending plan for such funds: Pro-
vided further, That such amount is designated Commission—Election Security Grants’’ in the OFFICE OF INSPECTOR GENERAL
by the Congress as being for an emergency re- Coronavirus Aid, Relief, and Economic Security SALARIES AND EXPENSES
quirement pursuant to section 251(b)(2)(A)(i) of Act (Public Law 116–136) or under this heading For an additional amount for ‘‘Salaries and
the Balanced Budget and Emergency Deficit in this Act as funds allocated under the heading Expenses’’, $1,000,000, to remain available until
Control Act of 1985. ‘‘Election Assistance Commission—Election Se- expended to prevent, prepare for, and respond
INDEPENDENT AGENCIES curity Grants’’ in the Financial Services and to coronavirus, domestically or internationally:
General Government Appropriations Act, 2020 Provided, That such amount is designated by
ELECTION ASSISTANCE COMMISSION
(division C of Public Law 116–93; 133 Stat. 2461) the Congress as being for an emergency require-
ELECTION RESILIENCE GRANTS that were spent to prevent, prepare for, and re- ment pursuant to section 251(b)(2)(A)(i) of the
(INCLUDING TRANSFER OF FUNDS) spond to coronavirus, domestically or inter- Balanced Budget and Emergency Deficit Con-
For an additional amount for payments by the nationally, for the 2020 Federal election cycle; trol Act of 1985.
Election Assistance Commission to States for or funds allocated under the heading ‘‘Election SMALL BUSINESS ADMINISTRATION
contingency planning, preparation, and resil- Assistance Commission—Election Reform Pro-
EMERGENCY EIDL GRANTS
ience of elections for Federal office, gram’’ in the Financial Services and Govern-
$3,600,000,000, to remain available until Sep- ment Appropriations Act, 2018 (division E of For an additional amount for ‘‘Emergency
tember 30, 2021: Provided, That of the amount Public Law 115–141) that were spent to prevent, EIDL Grants’’ for the cost of emergency EIDL
provided under this heading, up to $5,000,000 prepare for, and respond to coronavirus, domes- grants authorized by section 1110 of division A
may be transferred to and merged with ‘‘Elec- tically or internationally, for the 2020 Federal of the CARES Act (Public Law 116–136),
tion Assistance Commission—Salaries and Ex- election cycle. $10,000,000,000, to remain available until ex-
penses’’: Provided further, That under this (f) This section shall take effect as if included pended, to prevent, prepare for, and respond to
heading the term ‘‘State’’ means each of the 50 in the enactment of the Coronavirus Aid, Relief, coronavirus, domestically or internationally:
States, the District of Columbia, the Common- and Economic Security Act (Public Law 116– Provided, That such amount is designated by
wealth of Puerto Rico, Guam, American Samoa, 136). the Congress as being for an emergency require-
the United States Virgin Islands, and the Com- (g) The amounts repurposed pursuant to this ment pursuant to section 251(b)(2)(A)(i) of the
monwealth of the Northern Mariana Islands: section that were previously designated by the Balanced Budget and Emergency Deficit Con-
Provided further, That the amount of the pay- Congress as an emergency requirement pursuant trol Act of 1985.
ments made to a State under this heading shall to the Balanced Budget and Emergency Deficit ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
be consistent with section 103 of the Help Amer- Control Act of 1985 are designated by the Con- ADMINISTRATION
ica Vote Act of 2002 (52 U.S.C. 20903): Provided gress as an emergency requirement pursuant to SEC. 10303. (a) The third proviso under the
further, That for the purposes of the preceding section 251(b)(2)(A)(i) of the Balanced Budget heading ‘‘Small Business Administration—Busi-
proviso, each reference to ‘‘$5,000,000’’ in such and Emergency Deficit Control Act of 1985. ness Loans Program Account’’ in the Financial
sections 101(d) and 103 shall be deemed to refer FEDERAL COMMUNICATIONS COMMISSION Services and General Government Appropria-
to ‘‘$7,500,000’’: Provided further, That not later SALARIES AND EXPENSES tions Act, 2020 (division C of Public Law 116–93)
than 30 days after the date of enactment of this is amended by striking ‘‘$30,000,000,000’’ and in-
For an additional amount for ‘‘Salaries and
Act, the Election Assistance Commission shall serting ‘‘$75,000,000,000’’.
Expenses’’, $24,000,000, to remain available until
obligate the funds to States under this heading (b) The sixth proviso under the heading
September 30, 2021, for implementing title VIII of
in this Act: Provided further, That not less than ‘‘Small Business Administration—Business
the Communications Act of 1934 (47 U.S.C. 641 et
50 percent of the amount of the payment made Loans Program Account’’ in the Financial Serv-
seq.), as added by the Broadband DATA Act
to a State under this heading in this Act shall ices and General Government Appropriations
(Public Law 116–130): Provided, That such
be allocated in cash or in kind to the units of Act, 2020 (division C of Public Law 116–93) is
amount is designated by the Congress as being
local government which are responsible for the amended by striking ‘‘$12,000,000,000’’ and in-
for an emergency requirement pursuant to sec-
administration of elections for Federal office in serting ‘‘$35,000,000,000’’.
tion 251(b)(2)(A)(i) of the Balanced Budget and
the State: Provided further, That such amount UNITED STATES POSTAL SERVICE
Emergency Deficit Control Act of 1985.
is designated by the Congress as being for an
EMERGENCY CONNECTIVITY FUND PAYMENT TO POSTAL SERVICE FUND
emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for the ‘‘Emergency For an additional payment to the ‘‘Postal
Emergency Deficit Control Act of 1985. Connectivity Fund’’, $1,500,000,000, to remain Service Fund’’, for revenue forgone due to
available until September 30, 2021, to prevent, coronavirus, $25,000,000,000, to remain available
ADMINISTRATIVE PROVISION—ELECTION
prepare for, and respond to coronavirus, domes- until September 30, 2022: Provided, That the
ASSISTANCE COMMISSION
tically or internationally, through the provision Postal Service, during the coronavirus emer-
SEC. 10302. (a) The last proviso under the gency, shall prioritize the purchase of, and
of funding for Wi-fi hotspots, other equipment,
heading ‘‘Election Assistance Commission—Elec- make available to all Postal Service employees
connected devices, and advanced telecommuni-
tion Security Grants’’ in the Financial Services and facilities, personal protective equipment, in-
cations and information services to schools and
and General Government Appropriations Act, cluding gloves, masks, and sanitizers, and shall
libraries as authorized in section 130201: Pro-
2020 (division C of Public Law 116–93; 133 Stat. conduct additional cleaning and sanitizing of
vided, That such amount is designated by the
2461) shall not apply with respect to any pay- Postal Service facilities and delivery vehicles:
Congress as being for an emergency requirement
ment made to a State using funds appropriated Provided further, That such amount is des-
pursuant to section 251(b)(2)(A)(i) of the Bal-
or otherwise made available to the Election As- ignated by the Congress as being for an emer-
anced Budget and Emergency Deficit Control
sistance Commission under the Coronavirus Aid, gency requirement pursuant to section
Act of 1985.
Relief, and Economic Security Act (Public Law 251(b)(2)(A)(i) of the Balanced Budget and
116–136). EMERGENCY BROADBAND CONNECTIVITY FUND
Emergency Deficit Control Act of 1985.
(b) The first proviso under the heading ‘‘Elec- For an additional amount for the ‘‘Emergency
OFFICE OF INSPECTOR GENERAL
tion Assistance Commission—Election Security Broadband Connectivity Fund’’, $4,000,000,000,
Grants’’ in the Coronavirus Aid, Relief, and to remain available until September 30, 2021, to SALARIES AND EXPENSES
Economic Security Act (Public Law 116–136) is prevent, prepare for, and respond to For an additional amount for ‘‘Salaries and
amended by striking ‘‘within 20 days of each coronavirus, domestically or internationally, Expenses’’, $15,000,000, to remain available until
dlhill on DSK120RN23PROD with HOUSE
election in the 2020 Federal election cycle in through the provision of an emergency benefit expended, to prevent, prepare for, and respond
that State,’’ and inserting ‘‘not later than Octo- for broadband service as authorized in section to coronavirus, domestically or internationally:
ber 30, 2021,’’. 130301: Provided, That such amount is des- Provided, That such amount is designated by
(c) The fourth proviso under the heading ignated by the Congress as being for an emer- the Congress as being for an emergency require-
‘‘Election Assistance Commission—Election Se- gency requirement pursuant to section ment pursuant to section 251(b)(2)(A)(i) of the
curity Grants’’ in the Coronavirus Aid, Relief, 251(b)(2)(A)(i) of the Balanced Budget and Balanced Budget and Emergency Deficit Con-
and Economic Security Act (Public Law 116–136) Emergency Deficit Control Act of 1985. trol Act of 1985.
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H2048 CONGRESSIONAL RECORD — HOUSE May 15, 2020
GENERAL PROVISIONS—THIS TITLE ment; of which $500,000,000 shall be for Staffing 251(b)(2)(A)(i) of the Balanced Budget and
SEC. 10304. (a) Title V of division B of the for Adequate Fire and Emergency Response Emergency Deficit Control Act of 1985.
CARES Act (Public Law 116–136) is amended in Grants; of which $100,000,000 shall be for Emer- UNITED STATES GEOLOGICAL SURVEY
the first proviso under the heading ‘‘Inde- gency Management Performance Grants; and of SURVEYS, INVESTIGATIONS, AND RESEARCH
pendent Agencies—Pandemic Response Ac- which $200,000,000 shall be for the Emergency
For an additional amount for ‘‘Surveys, In-
countability Committee’’ by inserting ‘‘or any Food and Shelter Program: Provided, That such
vestigations, and Research’’, $40,000,000, to re-
other Act (including Acts other than appropria- amount is designated by the Congress as being
main available until September 30, 2021, for
tions Acts)’’ after ‘‘provided in this Act’’. for an emergency requirement pursuant to sec-
technical assistance, biosurveillance of wildlife
(b) Amounts repurposed under this section tion 251(b)(2)(A)(i) of the Balanced Budget and
and environmental persistence studies and re-
that were previously designated by the Con- Emergency Deficit Control Act of 1985.
lated research, database development, and ac-
gress, respectively, as an emergency requirement GENERAL PROVISIONS—THIS TITLE companying activities as described in section
or as being for disaster relief pursuant to the SEC. 10401. Notwithstanding any other provi- 190404 of division S of this Act: Provided, That
Balanced Budget and Emergency Deficit Con- sion of law, funds made available under ‘‘Fed- such amount is designated by the Congress as
trol Act are designated by the Congress as being eral Emergency Management Agency—Federal being for an emergency requirement pursuant to
for an emergency requirement pursuant to sec- Assistance’’ shall only be used for the purposes section 251(b)(2)(A)(i) of the Balanced Budget
tion 251(b)(2)(A)(i) of the Balanced Budget and specifically described under that heading. and Emergency Deficit Control Act of 1985.
Emergency Deficit Control Act of 1985 or as SEC. 10402. (a) Subsections (c)(2), (f), (g)(1), BUREAU OF INDIAN AFFAIRS
being for disaster relief pursuant to section (h)(1)–(4), (h)(6), and (k) of section 33 of the OPERATION OF INDIAN PROGRAMS
251(b)(2)(D) of the Balanced Budget and Emer- Federal Fire Prevention and Control Act of 1974
gency Deficit Control Act of 1985. For an additional amount for ‘‘Operation of
(15 U.S.C. 2229) shall not apply to amounts ap-
SEC. 10305. Title V of division B of the CARES Indian Programs’’, $900,000,000, to remain avail-
propriated for ‘‘Federal Emergency Management
Act (Public Law 116–136) is amended by striking able until September 30, 2021, to prevent, pre-
Agency – Federal Assistance’’ for Assistance to
the fifth proviso under the heading ‘‘General pare for, and respond to coronavirus, of
Firefighter Grants in this Act.
Services Administration—Real Property Activi- which—
(b) Subsection (k) of section 33 of the Federal (1) $100,000,000 shall be for housing improve-
ties—Federal Buildings Fund’’: Provided, That Fire Prevention and Control Act of 1974 (15
the amounts repurposed pursuant to this section ment;
U.S.C. 2229) shall not apply to Amounts pro- (2) $780,000,000 shall be for providing Tribal
that were previously designated by the Congress vided for ‘‘Federal Emergency Management government services, for Tribal government em-
as an emergency requirement pursuant to the Agency–Federal Assistance’’ for Assistance to ployee salaries to maintain operations, and
Balanced Budget and Emergency Deficit Con- Firefighter Grants in title III of division D of cleaning and sanitization of Tribally owned and
trol Act of 1985 are designated by the Congress Public Law 116–93 and in title VI of division B operated facilities; and
as an emergency requirement pursuant to sec- of Public Law 116–136. (3) $20,000,000 shall be used to provide and de-
tion 251(b)(2)(A)(i) of the Balanced Budget and (c) Amounts repurposed under this section liver potable water; and,
Emergency Deficit Control Act of 1985. that were previously designated by the Con- Provided, That none of the funds appropriated
SEC. 10306. For an additional amount for ‘‘De- gress, respectively, as an emergency requirement herein shall be obligated until 3 days after the
partment of the Treasury—Departmental Of- or as being for disaster relief pursuant to the Bureau of Indian Affairs provides a detailed
fices—Coronavirus Relief Fund’’, an amount Balanced Budget and Emergency Deficit Con- spend plan, which includes distribution and use
equal to— trol Act are designated by the Congress as being of funds by Tribe, to the Committees on Appro-
(1) $1,250,000,000; less for an emergency requirement pursuant to sec- priations of the House of Representatives and
(2) the amount allocated for the District of Co- tion 251(b)(2)(A)(i) of the Balanced Budget and the Senate: Provided further, That the Bureau
lumbia pursuant to section 601(c)(6) of the So- Emergency Deficit Control Act of 1985 or as shall notify the Committees on Appropriations
cial Security Act: being for disaster relief pursuant to section of the House of Representatives and the Senate
Provided, That such amounts shall only be 251(b)(2)(D) of the Balanced Budget and Emer- quarterly on the obligations and expenditures of
available for making a payment to the District gency Deficit Control Act of 1985. the funds provided by this Act: Provided fur-
of Columbia, and shall be in addition to any SEC. 10403. Subsections (a)(1)(A), (a)(1)(B), ther, That assistance received herein shall not
other funds available for such purpose: Pro- (a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of be included in the calculation of funds received
vided further, That the Secretary of the Treas- section 34 of the Federal Fire Prevention and by those Tribal governments who participate in
ury shall pay all amounts provided by this sec- Control Act of 1974 (15 U.S.C. 2229a) shall not the ‘‘Small and Needy’’ program: Provided fur-
tion directly to the District of Columbia not less apply to amounts appropriated for ‘‘Federal ther, That such amounts, if transferred to In-
than 5 days after the date of enactment of this Emergency Management Agency – Federal As- dian Tribes and Tribal organizations under the
Act: Provided further, That the District of Co- sistance’’ for Staffing for Adequate Fire and Indian Self-Determination and Education As-
lumbia shall use such amounts only to cover Emergency Response Grants in this Act and in sistance Act (1) will be transferred on a one-time
costs or replace foregone revenues stemming division D, title III of the Consolidated Appro- basis, (2) are non-recurring funds that are not
from the public health emergency with respect priations Act, 2020 (Public Law 116–93). part of the amount required by 25 U.S.C. 5325,
to the Coronavirus Disease (COVID–19): Pro- and (3) may only be used for the purposes iden-
TITLE V—INTERIOR, ENVIRONMENT, AND
vided further, That such amount is designated tified under this heading in this Act, notwith-
RELATED AGENCIES
by Congress as being for an emergency require- standing any other provision of law: Provided
ment pursuant to section 251(b)(2)(A)(i) of the DEPARTMENT OF THE INTERIOR
further, That section 11008 of this Act shall not
Balanced Budget and Emergency Deficit Con- UNITED STATES FISH AND WILDLIFE SERVICE apply to tribal contracts entered into by the Bu-
trol Act of 1985. RESOURCE MANAGEMENT reau of Indian Affairs with this appropriation:
TITLE IV—HOMELAND SECURITY For an additional amount for ‘‘Resource Man- Provided further, That such amount is des-
DEPARTMENT OF HOMELAND SECURITY agement’’, $21,000,000, to remain available until ignated by the Congress as being for an emer-
OFFICE OF INSPECTOR GENERAL expended for research; listing injurious species; gency requirement pursuant to section
electronic permitting system development; oper- 251(b)(2)(A)(i) of the Balanced Budget and
OPERATIONS AND SUPPORT Emergency Deficit Control Act of 1985.
ation and maintenance; law enforcement inter-
For an additional amount for ‘‘Operations diction and inspections; and other support ac- DEPARTMENTAL OFFICES
and Support’’, $3,000,000, to remain available tivities, as described in sections 190402, 190403, INSULAR AFFAIRS
until September 30, 2022, for oversight of activi- and 190404 of division S of this Act: Provided, ASSISTANCE TO TERRITORIES
ties of the Department of Homeland Security That amounts may be transferred to ‘‘Surveys,
funded in this Act and in title VI of division B For an additional amount for ‘‘Assistance to
Investigations and Research’’ in the United
of Public Law 116–136 to prevent, prepare for, Territories’’, $1,000,000,000, to remain available
States Geological Survey; ‘‘National Oceanic
and respond to coronavirus: Provided, That until expended, to prevent, prepare for, and re-
and Atmospheric Administration’’ in the De-
such amount is designated by the Congress as spond to coronavirus, of which (1) $945,000,000
partment of Commerce; and the ‘‘Center for Dis-
being for an emergency requirement pursuant to is for Capital Improvement Project grants for
ease Control’’ in the Department of Health and
section 251(b)(2)(A)(i) of the Balanced Budget hospitals and other critical infrastructure; and
Human Services: Provided further, That such
and Emergency Deficit Control Act of 1985. (2) $55,000,000 is for territorial assistance, in-
amount is designated by the Congress as being
cluding general technical assistance: Provided,
FEDERAL EMERGENCY MANAGEMENT AGENCY for an emergency requirement pursuant to sec-
That any appropriation for disaster assistance
FEDERAL ASSISTANCE tion 251(b)(2)(A)(i) of the Balanced Budget and
under this heading in this Act or previous ap-
Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Federal Assist- propriations Acts may be used as non-Federal
ance’’, $1,300,000,000, to remain available until STATE AND TRIBAL WILDLIFE GRANTS matching funds for the purpose of hazard miti-
dlhill on DSK120RN23PROD with HOUSE
September 30, 2021, to prevent, prepare for, and For an additional amount for ‘‘State and gation grants provided pursuant to section 404
respond to coronavirus, of which $500,000,000 Tribal Wildlife Grants’’, $50,000,000, to remain of the Robert T. Stafford Disaster Relief and
shall be for Assistance to Firefighter Grants for available until expended, for a onetime grant Emergency Assistance Act (42 U.S.C. 5170c):
the purchase of personal protective equipment program, as described in section 190405 of divi- Provided further, That amounts repurposed pur-
and related supplies, mental health evaluations, sion S of this Act: Provided, That such amount suant to this section that were previously des-
training, and temporary infectious disease de- is designated by the Congress as being for an ignated by the Congress as an emergency re-
contamination or sanitizing facilities and equip- emergency requirement pursuant to section quirement pursuant to the Balanced Budget and
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2049
Emergency Deficit Control Act of 1985 are des- the Committees on Appropriations of the House 116–136 for full-time equivalent employees, infor-
ignated by the Congress as an emergency re- of Representatives and the Senate, a detailed mation technology upgrades needed to expedite
quirement pursuant to section 251(b)(2)(A)(i) of spend plan that includes the cost, location, and payments and support implementation, includ-
the Balanced Budget and Emergency Deficit expected completion date of each activity: Pro- ing to expedite policy guidance and disburse-
Control Act of 1985: Provided further, That such vided further, That the Indian Health Service ment of funds, technical assistance and other
amount is designated by the Congress as being shall notify the Committees on Appropriations assistance to States and territories to speed pay-
for an emergency requirement pursuant to sec- of the House of Representatives and the Senate ment of Federal and State unemployment bene-
tion 251(b)(2)(A)(i) of the Balanced Budget and quarterly on the obligations and expenditures of fits, and of which the remaining amounts shall
Emergency Deficit Control Act of 1985. the funds provided by this Act: Provided fur- be used to carry out activities under the Work-
OFFICE OF INSPECTOR GENERAL ther, That section 11008 of this Act shall not force Innovation and Opportunity Act (referred
apply to tribal contracts entered into by the Bu- to in this Act as ‘‘WIOA’’) as follows:
SALARIES AND EXPENSES (1) $485,000,000 for grants to the States for
reau of Indian Affairs with this appropriation:
For an additional amount for ‘‘Salaries and Provided further, That such amount is des- adult employment and training activities, in-
Expenses’’ , $5,000,000, to remain available until ignated by the Congress as being for an emer- cluding incumbent worker trainings, transi-
expended: Provided, That such amount is des- gency requirement pursuant to section tional jobs, on-the-job training, individualized
ignated by the Congress as being for an emer- 251(b)(2)(A)(i) of the Balanced Budget and career services, supportive services, needs-re-
gency requirement pursuant to section Emergency Deficit Control Act of 1985. lated payments, and to facilitate remote access
251(b)(2)(A)(i) of the Balanced Budget and to training services provided through a one-stop
Emergency Deficit Control Act of 1985. NATIONAL FOUNDATION ON THE ARTS AND
delivery system through the use of technology,
HUMANITIES
ENVIRONMENTAL PROTECTION AGENCY to remain available until June 30, 2021: Pro-
NATIONAL ENDOWMENT FOR THE ARTS vided, That an adult shall not be required to
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
GRANTS AND ADMINISTRATION meet the requirements of section 134(c)(3)(B) of
For an additional amount for ‘‘Environmental
For an additional amount for ‘‘Grants and the WIOA: Provided further, That an adult who
Programs and Management’’, $50,000,000, to re-
Administration’’, $10,000,000 to remain available meets the requirements described in section
main available until September 30, 2021, for en-
until September 30, 2021, for grants to respond to 2102(a)(3)(A) of Public Law 116–136 may be eligi-
vironmental justice grants as described in sec-
the impacts of coronavirus: Provided, That such ble for participation: Provided further, That pri-
tion 190702 of division S of this Act: Provided,
funds are available under the same terms and ority may be given to individuals who are ad-
That such amount is designated by the Congress
conditions as grant funding appropriated to this versely impacted by economic changes due to
as being for an emergency requirement pursuant
heading in Public Law 116–94: Provided further, the coronavirus, including individuals seeking
to section 251(b)(2)(A)(i) of the Balanced Budget
That 40 percent of such funds shall be distrib- employment, dislocated workers, individuals
and Emergency Deficit Control Act of 1985.
uted to State arts agencies and regional arts or- with barriers to employment, individuals who
DEPARTMENT OF HEALTH AND HUMAN are unemployed, or individuals who are under-
ganizations and 60 percent of such funds shall
SERVICES employed;
be for direct grants: Provided further, That not-
INDIAN HEALTH SERVICE withstanding any other provision of law, such (2) $518,000,000 for grants to the States for
INDIAN HEALTH SERVICES funds may also be used by the recipients of such youth activities, including supportive services,
grants for purposes of the general operations of summer employment for youth, and to facilitate
(INCLUDING TRANSFER OF FUNDS)
such recipients: Provided further, That the remote access to training services provided
For an additional amount for ‘‘Indian Health through a one-stop delivery system through the
Services’’, $2,100,000,000, to remain available matching requirements under subsections (e),
(g)(4)(A), and (p)(3) of section 5 of the National use of technology, to remain available until
until expended, to prevent, prepare for, respond June 30, 2021: Provided, That individuals de-
to, and provide health services related to Foundation on the Arts and Humanities Act of
1965 (20 U.S.C. 954) may be waived with respect scribed in section 2102(a)(3)(A) of Public Law
coronavirus, of which— 116–136 may be eligible for participation as an
(1) $1,000,000,000 shall be used to supplement to such grants: Provided further, That such
amount is designated by the Congress as being out-of-school youth if they meet the require-
reduced third party revenue collections; ments of clauses (i) and (ii) of section
(2) $500,000,000 shall be used for direct health for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and 129(a)(1)(B) or as in-school youth if they meet
and telehealth services, including to purchase the requirements of clauses (i) and (iii) of sec-
supplies and personal protective equipment; Emergency Deficit Control Act of 1985.
tion 129(a)(1)(C) of the WIOA; Provided further,
(3) $140,000,000 shall be used to expand NATIONAL ENDOWMENT FOR THE HUMANITIES That priority shall be given for out-of-school
broadband infrastructure and information tech- GRANTS AND ADMINISTRATION youth and youth with multiple barriers to em-
nology for telehealth and electronic health For an additional amount for ‘‘Grants and ployment: Provided further, That funds shall
record system purposes; Administration’’, $10,000,000 to remain available support employer partnerships for youth em-
(4) $20,000,000 shall be used to address the until September 30, 2021, for grants to respond to ployment and subsidized employment, and part-
needs of domestic violence victims and homeless the impacts of coronavirus: Provided, That such nerships with community-based organizations to
individuals and families; funds are available under the same terms and support such employment;
(5) not less than $64,000,000 shall be for Urban (3) $597,000,000 for grants to States for dis-
conditions as grant funding appropriated to this
Indian Organizations; and, located worker employment and training activi-
heading in Public Law 116–94: Provided further,
(6) not less than $10,000,000 shall be used to ties, including incumbent worker trainings,
That 40 percent of such funds shall be distrib-
provide and deliver potable water: transitional jobs, on-the-job training, individ-
uted to state humanities councils and 60 percent
Provided, That such funds shall be allocated at ualized career services, supportive services,
of such funds shall be for direct grants: Pro-
the discretion of the Director of the Indian needs-related payments, and to facilitate remote
vided further, That notwithstanding any other
Health Service: Provided further, That of the access to training services provided through a
provision of law, such funds may also be used
funds provided herein, not less than $366,000,000 one-stop delivery system through the use of
by the recipients of such grants for purposes of
shall be transferred to and merged with ‘‘Indian technology, to remain available until June 30,
the general operations of such recipients: Pro-
Health Service—Indian Health Facilities’’ at the 2021: Provided, That a dislocated worker shall
vided further, That the matching requirements
discretion of the Director to modify existing not be required to meet the requirements of sec-
under subsection (h)(2)(A) of section 7 of the
health facilities to provide isolation or quar- tion 134(c)(3)(B) of the WIOA: Provided further,
National Foundation on the Arts and Human-
antine space, to purchase and install updated That a dislocated worker who meets the require-
ities Act of 1965 may be waived with respect to
equipment necessary, and for maintenance and ments described in section 2102(a)(3)(A) of Pub-
such grants: Provided further, That such
improvement projects necessary to the purposes lic Law 116–136 may be eligible for participation;
amount is designated by the Congress as being
specified in this Act: Provided further, That (4) $400,000,000 for the dislocated workers as-
for an emergency requirement pursuant to sec-
such amounts may be used to supplement sistance national reserve to remain available
tion 251(b)(2)(A)(i) of the Balanced Budget and
amounts otherwise available for such purposes until September 30, 2023; and
Emergency Deficit Control Act of 1985.
under ‘‘Indian Health Facilities’’: Provided fur- (5) $25,000,000 for migrant and seasonal farm-
ther, That such amounts, if transferred to TITLE VI—DEPARTMENTS OF LABOR, worker programs under section 167 of the WIOA,
Tribes and Tribal organizations under the In- HEALTH AND HUMAN SERVICES, AND including emergency supportive services, to re-
dian Self-Determination and Education Assist- EDUCATION, AND RELATED AGENCIES main available until June 30, 2021, of which no
ance Act, will be transferred on a one-time basis DEPARTMENT OF LABOR less than $500,000 shall be for the collection and
and that these non-recurring funds are not part EMPLOYMENT AND TRAINING ADMINISTRATION dissemination of electronic and printed mate-
of the amount required by section 106 of the In- rials related to coronavirus to the migrant and
TRAINING AND EMPLOYMENT SERVICES
dian Self-Determination and Education Assist- seasonal farmworker population nationwide, in-
ance Act (25 U.S.C. 5325), and that such (INCLUDING TRANSFER OF FUNDS) cluding Puerto Rico, through a cooperative
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amounts may only be used for the purposes For an additional amount for ‘‘Training and agreement;
identified under this heading notwithstanding Employment Services’’, $2,040,000,000, to pre- Provided, That the impact of the COVID–19 na-
any other provision of law: Provided further, vent, prepare for, and respond to coronavirus, tional emergency may be considered as an addi-
That none of the funds appropriated under this of which $15,000,000 shall be transferred to tional factor for reimbursement for on-the-job
heading in this Act for telehealth broadband ac- ‘‘Program Administration’’, to remain available training under section 134(c)(3)(H) of the WIOA
tivities shall be available for obligation until 3 until September 30, 2021, to carry out activities and as a factor in determining an employer’s
days after the Indian Health Service provides to in this Act, Public Law 116–127 and Public Law portion of the costs of providing customized
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H2050 CONGRESSIONAL RECORD — HOUSE May 15, 2020
training under section 3(14) of the WIOA: Pro- ADMINISTRATIVE PROVISION—DEPARTMENT OF determined by the Secretary of Health and
vided further, That notwithstanding section LABOR Human Services: Provided further, That sections
134(d)(5) of the WIOA, a local board may use 40 SEC. 10601. There is hereby appropriated for 2604(c), 2612(b), and 2651(c) of the Public Health
percent of funds received under paragraphs (1) fiscal year 2021 for ‘‘Department of Labor—Em- Service Act shall not apply to funds provided
and (3) for transitional jobs: Provided further, ployment Training Administration—State Un- under this heading in this Act: Provided fur-
That notwithstanding section 194(10) of the employment Insurance and Employment Service ther, That the Secretary may waive any pen-
WIOA, that funds used to support transitional Operations’’, $28,600,000, to be expended from alties and administrative requirements as nec-
jobs may also be used to support public service the Employment Security Administration Ac- essary to ensure that the funds may be used ef-
employment: Provided further, That sections count in the Unemployment Trust Fund (‘‘the ficiently: Provided further, That such amount is
127(b)(1)(C)(iv)(III), 132(b)(1)(B)(iv)(III), and Trust Fund’’) to carry out title III of the Social designated by the Congress as being for an
132(b)(2)(B)(iii)(II) shall not apply to funds ap- Security Act: Provided, That such amount shall emergency requirement pursuant to section
propriated under this heading: Provided fur- only become available for obligation if the Aver- 251(b)(2)(A)(i) of the Balanced Budget and
ther, That such amount is designated by the age Weekly Insured Unemployment (‘‘AWIU’’) Emergency Deficit Control Act of 1985.
Congress as being for an emergency requirement for fiscal year 2021 is projected, by the Depart- CENTERS FOR DISEASE CONTROL AND
pursuant to section 251(b)(2)(A)(i) of the Bal- ment of Labor during fiscal year 2021 to exceed PREVENTION
anced Budget and Emergency Deficit Control 1,728,000: Provided further, That to the extent CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT
Act of 1985. that the AWIU for fiscal year 2021 is projected
WAGE AND HOUR DIVISION For an additional amount for ‘‘CDC–Wide Ac-
by the Department of Labor to exceed 1,728,000, tivities and Program Support’’, $2,130,000,000, to
SALARIES AND EXPENSES an additional $28,600,000 from the Trust Fund remain available until September 30, 2024, to
For an additional amount for ‘‘Wage and shall be made available for obligation during fis- prevent, prepare for, and respond to
Hour Division’’, $6,500,000, to remain available cal year 2021 for every 100,000 increase in the coronavirus, domestically or internationally:
until September 30, 2021, to prevent, prepare for, AWIU level (including a pro rata amount for Provided, That of the amount provided under
and respond to coronavirus, including for the any increment less than 100,000): Provided fur- this heading in this Act, $1,000,000,000 shall be
administration, oversight, and coordination of ther, That, except as specified in this section, for Public Health Emergency Preparedness co-
worker protection activities related thereto: Pro- amounts provided herein shall be available operative agreements under section 319C–1 of
vided, That the Secretary of Labor shall use under the same authority and conditions appli- the Public Health Service Act: Provided further,
funds provided under this heading to support cable to funds provided to carry out title III of That, of the amount provided under this head-
enforcement activities and outreach efforts to the Social Security Act under the heading ‘‘De- ing in this Act, $1,000,000,000 shall be for nec-
make individuals, particularly low-wage work- partment of Labor—Employment Training Ad- essary expenses for grants for core public health
ers, aware of their rights under division C and ministration—State Unemployment Insurance infrastructure for State, local, Territorial, or
division E of Public Law 116–127: Provided fur- and Employment Service Operations’’ in divi- Tribal health departments as described in sec-
ther, That such amount is designated by the sion A of Public Law 116–94: Provided further, tion 30550 of division C of this Act: Provided
Congress as being for an emergency requirement That such amounts shall be in addition to any further, That of the amount made available
pursuant to section 251(b)(2)(A)(i) of the Bal- other funds made available in any fiscal year under this heading in this Act for specified pro-
anced Budget and Emergency Deficit Control for such purposes: Provided further, That such grams, not less than $100,000,000 shall be allo-
Act of 1985. amount is designated by the Congress as being cated to tribes, tribal organizations, urban In-
OCCUPATIONAL SAFETY AND HEALTH for an emergency requirement pursuant to sec- dian health organizations, or health service pro-
ADMINISTRATION tion 251(b)(2)(A)(i) of the Balanced Budget and viders to tribes: Provided further, That of the
SALARIES AND EXPENSES Emergency Deficit Control Act of 1985. amount provided under this heading in this Act,
For an additional amount for ‘‘Occupational DEPARTMENT OF HEALTH AND HUMAN $130,000,000 shall be for public health data sur-
Safety and Health Administration’’, SERVICES veillance and analytics infrastructure mod-
$100,000,000, to remain available until September HEALTH RESOURCES AND SERVICES ernization: Provided further, That funds appro-
30, 2021, for implementation of section 120302 of ADMINISTRATION priated under this heading in this Act for grants
The Heroes Act and for worker protection and PRIMARY HEALTH CARE may be used for the rent, lease, purchase, acqui-
enforcement activities to prevent, prepare for, sition, construction, alteration, or renovation of
For an additional amount for ‘‘Primary
and respond to coronavirus, of which $25,000,000 non-Federally owned facilities to improve pre-
Health Care’’, $7,600,000,000, to remain available
shall be for Susan Harwood training grants and paredness and response capability at the State
until September 30, 2025, for necessary expenses
at least $70,000,000 shall be to hire additional and local level: Provided further, That all con-
to prevent, prepare for, and respond to
compliance safety and health officers, and for struction, alteration, or renovation work, car-
coronavirus, for grants and cooperative agree-
state plan enforcement, to protect workers from ried out, in whole or in part, with funds appro-
ments under the Health Centers Program, as de-
coronavirus by enforcing all applicable stand- priated under this heading in this Act, or under
fined by section 330 of the Public Health Service
ards and directives, including 29 CFR 1910.132, this heading in the CARES ACT (P.L. 116–136),
Act, and for grants to Federally qualified health
29 CFR 1910.134, section 5(a)(1) of the Occupa- shall be subject to the requirements of section
centers, as defined in section 1861(aa)(4)(B) of
tional Safety and Health Act of 1970, and 29 1621(b)(1)(I) of the Public Health Service Act (42
CFR 1910.1030: Provided, That activities to pro- the Social Security Act, and for eligible entities
under the Native Hawaiian Health Care Im- U.S.C. 300s–1(b)(1)(I)): Provided further, That
tect workers from coronavirus supported by such amount is designated by the Congress as
funds provided under this heading includes ad- provement Act, including maintenance or ex-
pansion of health center and system capacity being for an emergency requirement pursuant to
ditional enforcement of standards and directives section 251(b)(2)(A)(i) of the Balanced Budget
referenced in the preceding proviso at slaughter- and staffing levels: Provided, That sections
330(r)(2)(B), 330(e)(6)(A)(iii), and and Emergency Deficit Control Act of 1985.
houses, poultry processing plants, and agricul-
tural workplaces: Provided further, That within 330(e)(6)(B)(iii) shall not apply to funds pro- NATIONAL INSTITUTES OF HEALTH
15 days of the date of enactment of this Act, the vided under this heading in this Act: Provided NATIONAL INSTITUTE OF ALLERGY AND
Secretary of Labor shall submit a spending and further, That funds provided under this heading INFECTIOUS DISEASES
hiring plan for the funds made available under in this Act may be used to (1) purchase equip- For an additional amount for ‘‘National Insti-
this heading, and a monthly staffing report ment and supplies to conduct mobile testing for tute of Allergy and Infectious Diseases’’,
until all funds are expended, to the Committees SARS–CoV–2 or COVID–19; (2) purchase and $500,000,000, to remain available until September
on Appropriations of the House of Representa- maintain mobile vehicles and equipment to con- 30, 2024, to prevent, prepare for, and respond to
tives and the Senate: Provided further, That duct such testing; and (3) hire and train labora- coronavirus: Provided, That such amount is des-
within 15 days of the date of enactment of this tory personnel and other staff to conduct such ignated by the Congress as being for an emer-
Act, the Secretary of Labor shall submit a plan mobile testing: Provided further, That such gency requirement pursuant to section
for the additional enforcement activities de- amount is designated by the Congress as being 251(b)(2)(A)(i) of the Balanced Budget and
scribed in the third proviso to the Committees on for an emergency requirement pursuant to sec- Emergency Deficit Control Act of 1985.
Appropriations of the House of Representatives tion 251(b)(2)(A)(i) of the Balanced Budget and
NATIONAL INSTITUTE OF MENTAL HEALTH
and the Senate: Provided further, That such Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘National Insti-
amount is designated by the Congress as being RYAN WHITE HIV/AIDS PROGRAM
for an emergency requirement pursuant to sec- tute of Mental Health’’, $200,000,000, to remain
For an additional amount for ‘‘Ryan White available until September 30, 2024, to prevent,
tion 251(b)(2)(A)(i) of the Balanced Budget and HIV/AIDS Program’’, $10,000,000, to remain
Emergency Deficit Control Act of 1985. prepare for, and respond to coronavirus: Pro-
available until September 30, 2022, to prevent, vided, That such amount is designated by the
OFFICE OF INSPECTOR GENERAL prepare for, and respond to coronavirus: Pro- Congress as being for an emergency requirement
For an additional amount for ‘‘Office of In- vided, That awards from funds provided under pursuant to section 251(b)(2)(A)(i) of the Bal-
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spector General’’, $5,000,000, to remain available this heading in this Act shall be through modi- anced Budget and Emergency Deficit Control
until expended, to prevent, prepare for, and re- fications to existing contracts and supplements Act of 1985.
spond to coronavirus. Provided, That such to existing grants and cooperative agreements
OFFICE OF THE DIRECTOR
amount is designated by the Congress as being under parts A, B, C, D, F, and section 2692(a)
for an emergency requirement pursuant to sec- of title XXVI of the Public Health Service Act: (INCLUDING TRANSFER OF FUNDS)
tion 251(b)(2)(A)(i) of the Balanced Budget and Provided further, That such supplements shall For an additional amount for ‘‘Office of the
Emergency Deficit Control Act of 1985. be awarded using a data-driven methodology Director’’, $4,021,000,000, to remain available
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2051
until September 30, 2024, to prevent, prepare for, control, and staffing pursuant to section 30209 and Tribes are authorized to use funds appro-
and respond to coronavirus, domestically or of this Act: Provided, That such amount is des- priated under this heading in this Act to provide
internationally: Provided. That not less than ignated by the Congress as being for an emer- child care assistance to health care sector em-
$3,000,000,000 of the amount provided under this gency requirement pursuant to section ployees, emergency responders, sanitation work-
heading in this Act shall be for offsetting the 251(b)(2)(A)(i) of the Balanced Budget and ers, farmworkers, and other workers deemed es-
costs related to reductions in lab productivity Emergency Deficit Control Act of 1985. sential during the response to coronavirus by
resulting from the coronavirus pandemic or pub- ADMINISTRATION FOR CHILDREN AND FAMILIES public officials, without regard to the income
lic health measures related to the coronavirus eligibility requirements of section 658P(4) of
LOW INCOME HOME ENERGY ASSISTANCE
pandemic: Provided further, That up to such Act: Provided further, That funds appro-
$1,021,000,000 of the amount provided under this For an additional amount for ‘‘Low Income priated under this heading in this Act shall be
heading in this Act shall be to support addi- Home Energy Assistance’’, $1,500,000,000, to re- available to eligible child care providers under
tional scientific research or the programs and main available until September 30, 2021, to pre- section 658P(6) of the CCDBG Act, even if such
platforms that support research: Provided fur- vent, prepare for, and respond to coronavirus, providers were not receiving CCDBG assistance
ther, That funds made available under this for making payments under subsection (b) of prior to the public health emergency as a result
heading in this Act may be transferred to the section 2602 of the Low-Income Home Energy of the coronavirus, for the purposes of cleaning
accounts of the Institutes and Centers of the Assistance Act of 1981 (42 U.S.C. 8621 et seq.): and sanitation, and other activities necessary to
National Institutes of Health (‘‘NIH’’): Provided Provided, That of the amount provided under maintain or resume the operation of programs:
further, That this transfer authority is in addi- this heading in this Act, $750,000,000 shall be al- Provided further, That no later than 60 days
tion to any other transfer authority available to located as though the total appropriation for after the date of enactment of this Act, each
the NIH: Provided further, That such amount is such payments for fiscal year 2020 was less than State, Territory, and Tribe that receives funding
designated by the Congress as being for an $1,975,000,000: Provided further, That each under this heading in this Act shall submit to
emergency requirement pursuant to section grantee that receives an allotment of funds the Secretary a report, in such manner as the
251(b)(2)(A)(i) of the Balanced Budget and made available under this heading in this Act Secretary may require, describing how the funds
Emergency Deficit Control Act of 1985. shall, for purposes of income eligibility, deem to appropriated under this heading in this Act will
be eligible any household that documents job be spent and that no later than 90 days after
SUBSTANCE ABUSE AND MENTAL HEALTH
loss or severe income loss dated after February the date of enactment of this Act, the Secretary
SERVICES ADMINISTRATION
29, 2020, such as a layoff or furlough notice or shall submit to the Committees on Appropria-
HEALTH SURVEILLANCE AND PROGRAM SUPPORT verification of application for unemployment tions of the House of Representatives and the
For an additional amount for ‘‘Health Sur- benefits: Provided further, That the limitation Senate, the Committee on Education and Labor
veillance and Program Support’’, $3,000,000,000, in section 2605(b)(9)(A) of the Low-Income Home of the House of Representatives, and the Com-
to remain available until September 30, 2021, to Energy Assistance Act of 1981, regarding plan- mittee on Health, Education, Labor, and Pen-
prevent, prepare for, and respond to ning and administering the use of funds, shall sions of the Senate a report summarizing such
coronavirus: Provided, That of the funds made apply to funds provided under this heading in reports from the States, Territories, and Tribes:
available under this heading in this Act, this Act by substituting ‘‘12.5 percent’’ for ‘‘10 Provided further, That no later than October 31,
$1,500,000,000 shall be for grants for the sub- percent’’: Provided further, That section 2021, each State, Territory, and Tribe that re-
stance abuse prevention and treatment block 2607(b)(2)(B) of such Act (42 U.S.C. ceives funding under this heading in this Act
grant program under subpart II of part B of title 8626(b)(2)(B)) shall not apply to funds made shall submit to the Secretary a report, in such
XIX of the Public Health Service Act (‘‘PHS available under this heading in this Act: Pro- manner as the Secretary may require, describing
Act’’): Provided further, That of the funds made vided further, That such amount is designated how the funds appropriated under this heading
available under this heading in this Act, by the Congress as being for an emergency re- in this Act were spent and that no later than 60
$1,000,000,000 shall be for grants for the commu- quirement pursuant to section 251(b)(2)(A)(i) of days after receiving such reports from the
nity mental health services block grant program the Balanced Budget and Emergency Deficit States, Territories, and Tribes, the Secretary
under subpart I of part B of title XIX of the Control Act of 1985. shall submit to the Committees on Appropria-
PHS Act: Provided further, That of the funds PAYMENTS TO STATES FOR THE CHILD CARE AND tions of the House of Representatives and the
made available under this heading in this Act, DEVELOPMENT BLOCK GRANT Senate, the Committee on Education and Labor
$100,000,000 shall be for services to the homeless of the House of Representatives, and the Com-
population: Provided further, That of the funds For an additional amount for ‘‘Payments to
States for the Child Care and Development mittee on Health, Education, Labor, and Pen-
made available under this heading in this Act, sions of the Senate a report summarizing such
$100,000,000 shall be for activities and services Block Grant’’, $7,000,000,000, to remain available
until September 30, 2021, to prevent, prepare for, reports from the States, Territories, and Tribes:
under Project AWARE: Provided further, That Provided further, That payments made under
of the funds made available under this heading and respond to coronavirus, including for Fed-
eral administrative expenses, which shall be this heading in this Act may be obligated in this
in this Act, $10,000,000 shall be for the National fiscal year or the succeeding two fiscal years:
Child Traumatic Stress Network: Provided fur- used to supplement, not supplant State, Terri-
tory, and Tribal general revenue funds for child Provided further, That funds appropriated
ther, That of the amount made available under under this heading in this Act may be made
this heading in this Act, $265,000,000 is available care assistance for low-income families within
the United States (including territories) without available to restore amounts, either directly or
for activities authorized under section 501(o) of through reimbursement, for obligations incurred
the Public Health Service Act: Provided further, regard to requirements in sections 658E(c)(3)(D)–
(E) or section 658G of the Child Care and Devel- to prevent, prepare for, and respond to
That of the amount made available under this coronavirus, prior to the date of enactment of
heading in this Act, $25,000,000 shall be for the opment Block Grant Act: Provided, That funds
provided under this heading in this Act may be this Act: Provided further, That such amount is
Suicide Lifeline and Disaster Distress Helpline: designated by the Congress as being for an
Provided further, That of the amount made used for costs of providing relief from copay-
ments and tuition payments for families and for emergency requirement pursuant to section
available under this heading in this Act for 251(b)(2)(A)(i) of the Balanced Budget and
specified programs, not less than $150,000,000 paying that portion of the child care provider’s
cost ordinarily paid through family copayments, Emergency Deficit Control Act of 1985.
shall be allocated to tribes, tribal organizations,
urban Indian health organizations, or health or to provide continued payments and assistance to CHILDREN AND FAMILIES SERVICES PROGRAMS
behavioral health service providers to tribes: child care providers in the case of decreased en- For an additional amount for ‘‘Children and
Provided further, That the Substance Abuse and rollment or closures related to coronavirus, and Families Services Programs’’, $1,590,000,000, to
Mental Health Services Administration has to ensure child care providers are able to remain remain available until September 30, 2021, to
flexibility to amend allowable activities, open or reopen as appropriate and applicable: prevent, prepare for, and respond to
timelines, and reporting requirements for the Provided further, That States, Territories, and coronavirus, which shall be used as follows:
Substance Abuse Prevention and Treatment Tribes are encouraged to place conditions on (1) $50,000,000 for Family Violence Prevention
Block Grant and the Community Mental Health payments to child care providers that ensure and Services grants as authorized by section
Services Block Grant pursuant to the public that child care providers use a portion of funds 303(a) and 303(b) of the Family Violence Preven-
health emergency declaration: Provided further, received to continue to pay the salaries and tion and Services Act with such funds available
That such amount is designated by the Congress wages of staff: Provided further, That lead to grantees without regard to matching require-
as being for an emergency requirement pursuant agencies shall, for the duration of the COVID– ments under section 306(c)(4) of such Act, of
to section 251(b)(2)(A)(i) of the Balanced Budget 19 public health emergency, implement enroll- which $2,000,000 shall be for the National Do-
and Emergency Deficit Control Act of 1985. ment and eligibility policies that support the mestic Violence Hotline: Provided, That the Sec-
fixed costs of providing child care services by retary of Health and Human Services may make
CENTERS FOR MEDICARE & MEDICAID SERVICES delinking provider reimbursement rates from an such funds available for providing temporary
PROGRAM MANAGEMENT eligible child’s absence and a provider’s closure housing and assistance to victims of family, do-
dlhill on DSK120RN23PROD with HOUSE
For an additional amount for ‘‘Program Man- due to the COVID–19 public health emergency: mestic, and dating violence;
agement’’, $150,000,000, to remain available Provided further, That the Secretary shall re- (2) $20,000,000 for necessary expenses for com-
through September 30, 2022, to prevent, prepare mind States that CCDBG State plans do not munity-based grants for the prevention of child
for, and respond to coronavirus, for State strike need to be amended prior to utilizing existing abuse and neglect under section 209 of the Child
teams for resident and employee safety in skilled authorities in the Child Care and Development Abuse Prevention and Treatment Act, which the
nursing facilities and nursing facilities, includ- Block Grant Act for the purposes provided here- Secretary shall make without regard to sections
ing activities to support clinical care, infection in: Provided further, That States, Territories, 203(b)(1) and 204(4) of such Act; and
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H2052 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(3) $20,000,000 for necessary expenses for the tion services remotely for individuals with dis- this paragraph in this Act, $500,000,000 shall be
Child Abuse Prevention and Treatment Act abilities: Provided further, That during such available to the Biomedical Advanced Research
State Grant program as authorized by Section emergency period, for the purposes of the pre- and Development Authority to promote innova-
112 of such Act; vious two provisos, to facilitate the ability of in- tion in antibacterial research and development:
(4) $1,500,000,000 for necessary expenses for dividuals with disabilities to remain in their Provided further, That funds made available
grants to carry out the Low-Income Household homes and practice social distancing, the Sec- under this paragraph in this Act may be used
Drinking Water and Wastewater Assistance pro- retary shall waive the prohibitions on the use of for grants for the rent, lease, purchase, acquisi-
gram, as described in section 190703 of division grant funds for direct payment for an assistive tion, construction, alteration, or renovation of
S of this Act. technology device for an individual with a dis- non-Federally owned facilities to improve pre-
Provided, That funds made available under this ability under sections 4(e)(2)(A) and 4(e)(5) of paredness and response capability at the State
heading in this Act may be used for the pur- such Act: Provided further, That such amount and local level: Provided further, That funds
poses provided herein to reimburse costs in- is designated by the Congress as being for an appropriated under this paragraph in this Act
curred between January 20, 2020, and the date emergency requirement pursuant to section may be used for the construction, alteration,
of award: Provided further, That funds appro- 251(b)(2)(A)(i) of the Balanced Budget and renovation or equipping of non-Federally owned
priated by the CARES Act (P.L. 116–136) to Emergency Deficit Control Act of 1985. facilities for the production of vaccines, thera-
carry out the Community Services Block Grant OFFICE OF THE SECRETARY peutics, diagnostics, and medicines and other
Act (42 U.S.C. 9901 et seq.) and received by a PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY items purchased under section 319F–2(a) of the
State shall be made available to eligible entities FUND Public Health Service Act where the Secretary
(as defined in section 673(1)(A) of such Act (42 determines that such a contract is necessary to
For an additional amount for ‘‘Public Health
U.S.C. 9902(1)(A)) not later than either 30 days assure sufficient domestic production of such
and Social Services Emergency Fund’’,
after such State receives such funds or 30 days supplies: Provided further, That all construc-
$4,575,000,000, to remain available until Sep-
after the date of the enactment of this Act, tion, alteration, or renovation work, carried out,
tember 30, 2024, to prevent, prepare for, and re-
whichever occurs later: Provided further, That in whole or in part, with fund appropriated
spond to coronavirus, domestically or inter-
such amount is designated by the Congress as under this heading in this Act, the CARES Act
nationally, including the development of nec-
being for an emergency requirement pursuant to (P.L. 116–136), or the Paycheck Protection Pro-
essary countermeasures and vaccines,
section 251(b)(2)(A)(i) of the Balanced Budget gram and Health Care Enhancement Act (P.L.
prioritizing platform-based technologies with 116–139), shall be subject to the requirements of
and Emergency Deficit Control Act of 1985.
U.S.-based manufacturing capabilities, the pur- 42 U.S.C. 300s-1(b)(1)(I): Provided further, That
ADMINISTRATION FOR COMMUNITY chase of vaccines, therapeutics, diagnostics,
LIVING not later than seven days after the date of en-
necessary medical supplies, as well as medical actment of this Act, and weekly thereafter until
AGING AND DISABILITY SERVICES PROGRAMS surge capacity, addressing blood supply chain, the public health emergency related to
For an additional amount for ‘‘Aging and workforce modernization, telehealth access and coronavirus is no longer in effect, the Secretary
Disability Services Programs’’, $100,000,000, to infrastructure, initial advanced manufacturing, shall report to the Committees on Appropria-
remain available until September 30, 2021, to novel dispensing, enhancements to the U.S. tions of the House of Representatives and the
prevent, prepare for, and respond to the Commissioned Corps, and other preparedness Senate on the current inventory of ventilators
coronavirus: Provided, That of the amount and response activities: Provided, That funds and personal protective equipment in the Stra-
made available under this heading in this Act, appropriated under this paragraph in this Act tegic National Stockpile, including the numbers
$85,000,000 shall be for activities authorized may be used to develop and demonstrate innova- of face shields, gloves, goggles and glasses,
under the Older Americans Act of 1965 (‘‘OAA’’) tions and enhancements to manufacturing plat- gowns, head covers, masks, and respirators, as
and activities authorized under part B of title forms to support such capabilities: Provided fur- well as deployment of ventilators and personal
XX of the Social Security Act, including ther, That the Secretary of Health and Human protective equipment during the previous week,
$20,000,000 for supportive services under part B Services shall purchase vaccines developed reported by state and other jurisdiction: Pro-
of title III; $19,000,000 for nutrition services using funds made available under this para- vided further, That after the date that a report
under subparts 1 and 2 of part C of title III; graph in this Act to respond to an outbreak or is required to be submitted by the preceding pro-
$1,000,000 for nutrition services under title VI; pandemic related to coronavirus in quantities viso, amounts made available for ‘‘Department
$20,000,000 for supportive services for family determined by the Secretary to be adequate to of Health and Human Services—Office of the
caregivers under part E of title III; $10,000,000 address the public health need: Provided fur- Secretary—General Departmental Management’’
for evidence-based health promotion and disease ther, That products purchased by the Federal in Public Law 116–94 for salaries and expenses
prevention services under part D of title III; government with funds made available under of the Immediate Office of the Secretary shall be
$10,000,000 for elder rights protection activities, this paragraph in this Act, including vaccines, reduced by $250,000 for each day that such re-
including the long-term ombudsman program therapeutics, and diagnostics, shall be pur- port has not been submitted: Provided further,
under title VII and adult protective services pro- chased in accordance with Federal Acquisition That not later than the first Monday in Feb-
grams through the Elder Justice Act; and Regulation guidance on fair and reasonable ruary of fiscal year 2021 and each fiscal year
$5,000,000 shall be for grants to States to support pricing: Provided further, That the Secretary thereafter, the Secretary shall include in the an-
the network of statewide senior legal services, may take such measures authorized under cur- nual budget submission for the Department, and
including existing senior legal hotlines, efforts rent law to ensure that vaccines, therapeutics, submit to the Congress, the Secretary’s request
to expand such hotlines to all interested States, and diagnostics developed from funds provided with respect to expenditures necessary to main-
and legal assistance to providers, in order to en- in this Act will be affordable in the commercial tain the minimum level of relevant supplies in
sure seniors have access to legal assistance, with market: Provided further, That in carrying out the Strategic National Stockpile, including in
such fund allotted to States consistent with the previous proviso, the Secretary shall not case of a significant pandemic, in consultation
paragraphs (1) through (3) of section 304(a) of take actions that delay the development of such with the working group under section 319F(a) of
the OAA: Provided further, That State matching products: Provided further, That products pur- the Public Health Service Act and the Public
requirements under sections 304(d)(1)(D) and chased with funds appropriated under this Health Emergency Medical Countermeasures
373(g)(2) of the OAA shall not apply to funds paragraph in this Act may, at the discretion of Enterprise established under section 2811–1 of
made available under this heading: Provided the Secretary of Health and Human Services, be such Act: Provided further, That such amount
further, That of the amount made available deposited in the Strategic National Stockpile is designated by the Congress as being for an
under this heading in this Act, $10,000,000 shall under section 319F–2 of the Public Health Serv- emergency requirement pursuant to section
be for activities authorized in the Developmental ice Act: Provided further, That funds appro- 251(b)(2)(A)(i) of the Balanced Budget and
Disabilities Assistance and Bill of Rights Act of priated under this paragraph in this Act may be Emergency Deficit Control Act of 1985.
2000: Provided further, That of the amount transferred to, and merged with, the fund au- For an additional amount for ‘‘Public Health
made available under this heading in this Act, thorized by section 319F–4, the Covered Counter- and Social Services Emergency Fund’’,
$5,000,000 shall be for activities authorized in measure Process Fund, of the Public Health $100,000,000,000, to remain available until ex-
the Assistive Technology Act of 2004: Provided Service Act: Provided further, That of the pended, to prevent, prepare for, and respond to
further, That of the amount made available in amount made available under this paragraph in coronavirus, for necessary expenses to make
the preceding proviso, $5,000,000 shall be for the this Act, $3,500,000,000 shall be available to the payments under the Health Care Provider Relief
purchase of equipment to allow interpreters to Biomedical Advanced Research and Develop- Fund as described in section 30611 of division C
provide appropriate and essential services to the ment Authority for necessary expenses of ad- of this Act: Provided, That such amount is des-
hearing-impaired community: Provided further, vanced research, development, manufacturing, ignated by the Congress as being for an emer-
That for the purposes of the funding provided in production, and purchase of vaccines and gency requirement pursuant to section
the preceding proviso, during the emergency pe- therapeutics: Provided further, That of the 251(b)(2)(A)(i) of the Balanced Budget and
riod described in section 1135(g)(1)(B) of the So- amount made available under this paragraph in Emergency Deficit Control Act of 1985.
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cial Security Act, for purposes of section this Act, $500,000,000 shall be available to the For an additional amount for ‘‘Public Health
4(e)(2)(A) of the Assistive Technology Act of Biomedical Advanced Research and Develop- and Social Services Emergency Fund’’,
2004, the term ‘‘targeted individuals and enti- ment Authority for the construction, renovation, $75,000,000,000, to remain available until ex-
ties’’ (as that term is defined in section 3(16) of or equipping of U.S.-based next generation man- pended, to prevent, prepare for, and respond to
the Assistive Technology Act of 2004) shall be ufacturing facilities, other than facilities owned coronavirus, for necessary expenses to carry out
deemed to include American Sign Language cer- by the United States Government: Provided fur- the COVID-19 National Testing and Contact
tified interpreters who are providing interpreta- ther, That of the amount made available under Tracing Initiative, as described in subtitle D of
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2053
division C of this Act: Provided, That such education capabilities prior to the coronavirus cation under this heading shall submit an appli-
amount is designated by the Congress as being emergency: Provided further, That the Governor cation at such time, in such manner, and con-
for an emergency requirement pursuant to sec- shall return to the Secretary any funds received taining such information as the Secretary may
tion 251(b)(2)(A)(i) of the Balanced Budget and that the Governor does not award to local edu- reasonably require: Provided further, That the
Emergency Deficit Control Act of 1985. cational agencies and public institutions of Secretary shall issue a notice inviting applica-
DEPARTMENT OF EDUCATION higher education or otherwise commit within tions not later than 15 days after the date of en-
STATE FISCAL STABILIZATION FUND two years of receiving such funds, and the Sec- actment of this Act: Provided further, That any
retary shall reallocate such funds to the remain- State receiving funding under this heading shall
For an additional amount for ‘‘State Fiscal
ing States in accordance with the fourth pro- maintain its percent of total spending on ele-
Stabilization Fund’’, $90,000,000,000, to remain
viso: Provided further, That Governors shall use mentary, secondary, and postsecondary edu-
available until September 30, 2022, to prevent,
State grants and subgrants to maintain or re- cation in fiscal year 2019 for fiscal years 2020,
prepare for, and respond to coronavirus: Pro-
store State and local fiscal support for elemen- 2021, and 2022: Provided further, That a State’s
vided, That the Secretary of Education (referred
tary, secondary and postsecondary education: application shall include assurances that the
to under this heading as ‘‘Secretary’’) shall
Provided further, That funds for local edu- State will maintain support for elementary and
make grants to the Governor of each State for
cational agencies may be used for any activity secondary education in fiscal year 2020, fiscal
support of elementary, secondary, and postsec-
authorized by the ESEA, including the Native year 2021, and fiscal year 2022 at least at the
ondary education and, as applicable, early
Hawaiian Education Act and the Alaska Native level of such support that is the average of such
childhood education programs and services: Pro-
Educational Equity, Support, and Assistance State’s support for elementary and secondary
vided further, That of the amount made avail-
Act, the Individuals with Disabilities Education
able, the Secretary shall first allocate up to one- education in the 3 fiscal years preceding the fis-
Act (‘‘IDEA’’), subtitle B of title VII of the
half of 1 percent to the outlying areas and one- cal year for which State support for elementary
McKinney-Vento Homeless Assistance Act , the
half of 1 percent to the Bureau of Indian Edu- and secondary education is provided: Provided
Adult Education and Family Literacy Act or the
cation (‘‘BIE’’) for activities consistent with this further, That a State’s application shall include
Carl D. Perkins Career and Technical Edu-
heading under such terms and conditions as the assurances that the State will maintain State
cation Act of 2006 (‘‘the Perkins Act’’): Provided
Secretary may determine: Provided further, support for higher education (not including sup-
further, That a State or local educational agen-
That the Secretary may reserve up to $30,000,000 port for capital projects or for research and de-
cy receiving funds under this heading may use
for administration and oversight of the activities the funds for activities coordinated with State, velopment or tuition and fees paid by students)
under this heading: Provided further, That the local, tribal, and territorial public health de- in fiscal year 2020, fiscal year 2021, and fiscal
Secretary shall allocate 61 percent of the re- partments to detect, prevent, or mitigate the year 2022 at least at the level of such support
maining funds made available to carry out this spread of infectious disease or otherwise respond that is the average of such State’s support for
heading to the States on the basis of their rel- to coronavirus; support online learning by pur- higher education (which shall include State and
ative population of individuals aged 5 through chasing educational technology and internet ac- local government funding to institutions of
24 and allocate 39 percent on the basis of their cess for students, which may include assistive higher education and state financial aid) in the
relative number of children counted under sec- technology or adaptive equipment, that aids in 3 fiscal years preceding the fiscal year for which
tion 1124(c) of the Elementary and Secondary regular and substantive educational inter- State support for higher education is provided,
Education Act of 1965 (referred to under this actions between students and their classroom in- and that any such State’s support for higher
heading as ‘‘ESEA’’) as State grants: Provided structor; provide ongoing professional develop- education funding, as calculated as spending
further, That State grants shall support state- ment to staff in how to effectively provide qual- for public higher education per full-time equiva-
wide elementary, secondary, and postsecondary ity online academic instruction; provide assist- lent student, shall be at least the same in fiscal
activities; subgrants to local educational agen- ance for children and families to promote equi- year 2022 as it was in fiscal year 2019: Provided
cies; and, subgrants to public institutions of table participation in quality online learning; further, That in such application, the Governor
higher education: Provided further, That States plan and implement activities related to supple- shall provide baseline data that demonstrates
shall allocate 65 percent of the funds received mental afterschool programs and summer learn- the State’s current status in each of the areas
under the fourth proviso as subgrants to local ing, including providing classroom instruction described in such assurances in the preceding
educational agencies in proportion to the or quality online learning during the summer provisos: Provided further, That a State’s appli-
amount of funds such local educational agen- months; plan for and coordinate during long- cation shall include assurances that the State
cies received under part A of title I of the ESEA term closures, provide technology for quality on- will not construe any provisions under this
in the most recent fiscal year: Provided further, line learning to all students, and how to support heading as displacing any otherwise applicable
That States shall allocate 30 percent of the the needs of low-income students, racial and provision of any collective-bargaining agreement
funds received under the fourth proviso as sub- ethnic minorities, students with disabilities, between an eligible entity and a labor organiza-
grants to public institutions of higher edu- English learners, students experiencing home- tion as defined by section 2(5) of the National
cation, of which the Governor shall reserve a lessness, and children in foster care, including Labor Relations Act (29 U.S.C. 152(5)) or analo-
percentage necessary to make the minimum how to address learning gaps that are created or gous State law: Provided further, That a State’s
grants described in the next proviso and, of the exacerbated due to long-term closures; support application shall include assurances that the
amounts remaining after making such reserva- the continuity of student engagement through State shall maintain the wages, benefits, and
tion, 75 percent shall be apportioned according social and emotional learning; and other activi- other terms and conditions of employment set
to the relative share in the State of students ties that are necessary to maintain the oper- forth in any collective-bargaining agreement be-
who received Pell Grants who are not exclu- ation of and continuity of services in local edu- tween the eligible entity and a labor organiza-
sively enrolled in distance education courses cational agencies, including maintaining em- tion, as defined in the preceding proviso: Pro-
prior to the coronavirus emergency at the insti- ployment of existing personnel, and reimburse- vided further, That a State’s application shall
tution in the previous award year and 25 per- ment for eligible costs incurred during the na- include assurances that all students with dis-
cent shall be apportioned according to the rel- tional emergency: Provided further, That a pub- abilities are afforded their full rights under
ative share in the State of the total enrollment lic institution of higher education that receives IDEA, including all rights and services outlined
of students at the institution who are not exclu- funds under this heading shall use funds for in individualized education programs (‘‘IEPs’’):
sively enrolled in distance education courses education and general expenditures (including Provided further, That a State receiving funds
prior to the coronavirus emergency at the insti- defraying expenses due to lost revenue, reim- under this heading shall submit a report to the
tution in the previous award year: Provided fur- bursement for expenses already incurred, and Secretary, at such time and in such manner as
ther, That any public institution of higher edu- payroll) and grants to students for expenses di- the Secretary may require, that describes the use
cation that is not otherwise eligible for a grant rectly related to coronavirus and the disruption of funds provided under this heading: Provided
of at least $1,000,000 under the preceding proviso of campus operations (which may include emer- further, That no recipient of funds under this
and has an enrollment of at least 500 students gency financial aid to students for tuition, food, heading shall use funds to provide financial as-
shall be eligible to receive an amount equal to housing, technology, health care, and child care sistance to students to attend private elementary
whichever is lesser of the total loss of revenue costs that shall not be required to be repaid by or secondary schools, unless such funds are
and increased costs associated with the such students) or for the acquisition of tech- used to provide special education and related
coronavirus or $1,000,000: Provided further, nology and services directly related to the need services to children with disabilities whose IEPs
That the Governor shall use any remaining for distance education and the training of fac- require such placement, and where the school
funds that were unnecessary to carry out the ulty and staff to use such technology and serv- district maintains responsibility for providing
previous proviso to distribute such funds to in- ices: Provided further, That an institution of such children a free appropriate public edu-
stitutions of higher education in accordance higher education may not use funds received cation, as authorized by IDEA: Provided fur-
with the formula in the preceding provisos: Pro- under this heading to increase its endowment or ther, That a local educational agency, State, in-
vided further, That the Governor may use any provide funding for capital outlays associated stitution of higher education, or other entity
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funds received under the fourth proviso that are with facilities related to athletics, sectarian in- that receives funds under ‘‘State Fiscal Sta-
not specifically reserved under this heading for struction, or religious worship: Provided fur- bilization Fund’’, shall to the greatest extent
additional support to elementary, secondary, ther, That funds may be used to support hourly practicable, continue to pay its employees and
and postsecondary education, including sup- workers, such as education support profes- contractors during the period of any disruptions
ports for under-resourced institutions, institu- sionals, classified school employees, and adjunct or closures related to coronavirus: Provided fur-
tions with high burden due to the coronavirus, and contingent faculty: Provided further, That ther, That the terms ‘‘elementary education’’
and institutions who did not possess distance a Governor of a State desiring to receive an allo- and ‘‘secondary education’’ have the meaning
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H2054 CONGRESSIONAL RECORD — HOUSE May 15, 2020
given such terms under State law: Provided fur- (ii) 20 percent according to a ratio equivalent enrollment of at least 500 students shall be eligi-
ther, That the term ‘‘institution of higher edu- to the total number of students enrolled at such ble to receive, from amounts reserved under
cation’’ has the meaning given such term in sec- institution at the end of the school year pre- paragraph (2)(A)(i), an amount equal to which-
tion 101 of the Higher Education Act of 1965: ceding the beginning of that fiscal year and the ever is the lesser of the total loss of revenue and
Provided further, That the term ‘‘fiscal year’’ number of students enrolled at all such institu- increased costs associated with the coronavirus
shall have the meaning given such term under tions; and or $1,000,000: Provided further, That of the
State law: Provided further, That the term (iii) 10 percent according to a ratio equivalent funds provided under paragraph 2(B), the Sec-
‘‘State’’ means each of the 50 States, the District to the total endowment size at all eligible insti- retary shall make an application available for
of Columbia, and the Commonwealth of Puerto tutions at the end of the school year preceding institutions of higher education to demonstrate
Rico: Provided further, That such amount is the beginning of that fiscal year and the total unmet need, which shall include for this pur-
designated by the Congress as being for an endowment size at such institutions; pose a dramatic decline in revenue as a result of
emergency requirement pursuant to section (B) For eligible institutions under section 326 campus closure, exceptional costs or challenges
251(b)(2)(A)(i) of the Balanced Budget and of the Higher Education Act, the Secretary shall implementing distance education platforms due
Emergency Deficit Control Act of 1985. allot to each eligible institution an amount in to lack of a technological infrastructure, serving
HIGHER EDUCATION proportion to the award received from funding a large percentage of students who lack access
for such institutions in the Further Consoli- to adequate technology to move to distance edu-
For an additional amount for ‘‘Higher Edu-
dated Appropriations Act, 2020 (Public Law 116– cation, serving a region or community that has
cation’’, $10,150,000,000, to remain available
94); been especially impacted by increased unem-
until September 30, 2021, to prevent, prepare for, (C) For eligible institutions under section 316
and respond to coronavirus, of which $11,000,000 ployment and displaced workers, serving com-
of the Higher Education Act, the Secretary shall munities or regions where the number of
shall be transferred to ‘‘National Technical In- allot funding according to the formula in sec-
stitute for the Deaf’’ to help defray expenses coronavirus cases has imposed exceptional costs
tion 316(d)(3) of the Higher Education Act; on the institution, and other criteria that the
(which may include lost revenue, reimbursement (D) Notwithstanding section 318(f) of the
for expenses already incurred, technology costs Secretary shall identify after consultation with
Higher Education Act, for eligible institutions institutions of higher education or their rep-
associated with a transition to distance edu- under section 318 of the Higher Education Act,
cation, sign language and captioning costs asso- resentatives: Provided further, That no institu-
the Secretary shall allot funding according to tion may receive an award unless it has sub-
ciated with a transition to distance education, the formula in section 318(e) of the Higher Edu-
faculty and staff trainings, and payroll) directly mitted an application that describes the impact
cation Act; of the coronavirus on the institution and the
caused by coronavirus and to enable emergency (E) Except as provided in subparagraphs (C)
financial aid to students for expenses directly ways that the institution will use the funds to
and (D), for eligible institutions under part A of ameliorate such impact: Provided further, That
related to coronavirus and the disruption of title III of the Higher Education Act and parts
university operations (which may include food, the Secretary shall brief the Committees on Ap-
A and B of title V, the Secretary shall issue an propriations fifteen days in advance of making
housing, transportation, technology, health application for eligible institutions to dem-
care, and child care), of which $20,000,000 shall any application available for funds under para-
onstrate unmet need, and the Secretary shall graph (2)(B): Provided further, That such
be transferred to ‘‘Howard University’’ to help allow eligible institutions to apply for funds
defray expenses (which may include lost rev- amount is designated by the Congress as being
under one of the programs for which they are for an emergency requirement pursuant to sec-
enue, reimbursement for expenses already in- eligible.
curred, technology costs associated with a tran- tion 251(b)(2)(A)(i) of the Balanced Budget and
(2) $8,400,000,000 for part B of title VII of the Emergency Deficit Control Act of 1985.
sition to distance education, technology costs HEA for institutions of higher education (as de-
associated with a transition to distance edu- fined in section 101 or 102(c) of the HEA) to ad- GENERAL PROVISIONS—DEPARTMENT OF
cation, faculty and staff trainings, and payroll) dress needs directly related to coronavirus as EDUCATION
directly related to coronavirus and to enable follows: SEC. 10602. Amounts made available to ‘‘De-
grants to students for expenses directly related (A) $7,000,000,000 shall be provided to private, partment of Education—Office of Inspector Gen-
to coronavirus and the disruption of university nonprofit institutions of higher education— eral’’ in title VIII of division B of Public Law
operations (which may include food, housing, (i) by reserving an amount necessary to make 116–136 are hereby permanently rescinded, and
transportation, technology, health care, and the minimum grants described in the second to an amount of additional new budget authority
child care), of which $11,000,000 shall be trans- last proviso under this heading; and equivalent to the amount rescinded is hereby
ferred to ‘‘Gallaudet University’’ to help defray (ii) from amounts not reserved under clause appropriated, to remain available until ex-
expenses (which may include lost revenue, reim- (i), by apportioning— pended, for the same purposes and under the
bursement for expenses already incurred, tech- (I) 75 percent according to the relative share same authorities as they were originally appro-
nology costs associated with a transition to dis- of enrollment of Federal Pell Grant recipients priated, and shall be in addition to any other
tance education, sign language and captioning who are not exclusively enrolled in distance funds available for such purposes: Provided,
costs associated with a transition to distance education courses prior to the coronavirus emer- That the amounts appropriated by this section
education, faculty and staff trainings, and pay- gency; and may also be used for investigations and are
roll) directly related to coronavirus and to en- (II) 25 percent according to the relative share available until expended: Provided further,
able grants to students for expenses directly re- of the total enrollment of students who were not That such amount is designated by the Congress
lated to coronavirus and the disruption of uni- Federal Pell Grant recipients who are not exclu- as being for an emergency requirement pursuant
versity operations (which may include food, sively enrolled in distance education courses to section 251(b)(2)(A)(i) of the Balanced Budget
housing, transportation, technology, health prior to the coronavirus emergency. and Emergency Deficit Control Act of 1985.
care, and child care), and of which the remain- (B) $1,400,000,000 shall be for institutions of SEC. 10603.
ing amounts shall be used to carry out parts A higher education with unmet need related to the The Coronavirus Aid, Relief, and Economic
and B of title III, parts A and B of title V, sub- coronavirus, including institutions of higher Security Act (P.L. 116–136) is amended by strik-
part 4 of part A of title VII, and part B of title education that offer their courses and programs ing section 18001(a)(3): Provided, That amounts
VII of the Higher Education Act of 1965 exclusively through distance education: repurposed pursuant to the amendment made by
(‘‘HEA’’) as follows: Provided, That funds shall be used to make pay- this section that were previously designated by
(1) $1,708,000,000 for parts A and B of title III, ments to such institutions to provide emergency the Congress as an emergency requirement pur-
parts A and B of title V, and subpart 4 of part grants to students who attended such institu- suant to the Balanced Budget and Emergency
A of title VII of the HEA to address needs di- tions at any point during the coronavirus emer- Deficit Control Act of 1985 are designated by the
rectly related to coronavirus: Provided, That gency and for any component of the student’s Congress as an emergency requirement pursuant
such amount shall be allocated by the Secretary cost of attendance (as defined under section 472 to section 251(b)(2)(A)(i) of the Balanced Budget
proportionally to such programs covered under of the HEA), including tuition, food, housing, and Emergency Deficit Control Act of 1985.
this paragraph and based on the relative share course materials, technology, health care, and SEC. 10604.
of funding appropriated to such programs in the child care): Provided further, That institutions Section 18005(a) of the Coronavirus Aid, Re-
Further Consolidated Appropriations Act, 2020 of higher education may use such funds to de- lief, and Economic Security Act (P.L. 116–136) is
(Public Law 116–94) and distributed to institu- fray expenses (including lost revenue, reim- amended by inserting ‘‘including subsections
tions of higher education as follows: bursement for expenses already incurred, tech- (a)(4)(A)(i) and (c) of such section’’ after ‘‘sec-
(A) Except as otherwise provided in subpara- nology costs associated with a transition to dis- tion 1117’’ and by inserting ‘‘Such equitable
graph (B), for eligible institutions under part B tance education, faculty and staff trainings, services shall be provided by the local edu-
of title III and subpart 4 of part A of title VII and payroll) incurred by institutions of higher cational agency in which the students reside,
of the Higher Education Act, the Secretary shall education: Provided further, That such pay- and the amount of funds available for such eq-
allot to each eligible institution an amount ments shall not be used to increase endowments uitable services shall be based on the number of
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using the following formula: or provide funding for capital outlays associated nonpublic school students who were identified
(i) 70 percent according to a ratio equivalent with facilities related to athletics, sectarian in- in the calculation under section 1117(c)(1) of the
to the number of Pell Grant recipients in attend- struction, or religious worship: Provided fur- ESEA for purposes of Title I–A during the 2019–
ance at such institution at the end of the school ther, That any private, nonprofit institution of 2020 school year relative to the sum of such stu-
year preceding the beginning of that fiscal year higher education that is not otherwise eligible dents in public schools during the 2019–2020
and the total number of Pell Grant recipients at for a grant of at least $1,000,000 under para- school year.’’ after ‘‘representatives of non-
all such institutions; graph (2)(A)(ii) of this heading and has a total public schools.’’: Provided, That amounts
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2055
repurposed pursuant to the amendment made by provided to ‘‘Corporation for National and Com- LIMITATION ON THE OFFICE OF INSPECTOR
this section that were previously designated by munity Service—Office of Inspector General’’ in GENERAL
the Congress as an emergency requirement pur- title IV of division A of the Further Consoli- For an additional amount for ‘‘Office of the
suant to the Balanced Budget and Emergency dated Appropriations Act, 2020 (Public Law 116– Inspector General’’, $500,000, to remain avail-
Deficit Control Act of 1985 are designated by the 94), are hereby permanently rescinded, and an able until expended, to prevent, prepare for, and
Congress as an emergency requirement pursuant amount of additional new budget authority respond to coronavirus, including salaries and
to section 251(b)(2)(A)(i) of the Balanced Budget equal to the amount rescinded is hereby appro- expenses necessary for oversight, investigations
and Emergency Deficit Control Act of 1985. priated on September 30, 2020, to remain avail- and audits of the Railroad Retirement Board
SEC. 10605. able until September 30, 2021, for the same pur- and railroad unemployment insurance benefits
Section 18004(c) of the Coronavirus Aid, Re- poses and under the same authorities that they funded in this Act and Public Law 116–136: Pro-
lief, and Economic Security Act (P.L. 116–136) is were originally made available in Public Law vided, That such amount is designated by the
amended by striking ‘‘to cover any costs associ- 116–94, which shall be in addition to any other Congress as being for an emergency requirement
ated with significant changes to the delivery of funds available for such purposes: Provided, pursuant to section 251(b)(2)(A)(i) of the Bal-
instruction due to the coronavirus’’ and insert- That such amount is designated by the Congress anced Budget and Emergency Deficit Control
ing ‘‘to defray expenses (including lost revenue, as being for an emergency requirement pursuant Act of 1985.
reimbursement for expenses already incurred, to section 251(b)(2)(A)(i) of the Balanced Budget GENERAL PROVISIONS—THIS TITLE
technology costs associated with a transition to and Emergency Deficit Control Act of 1985.
distance education, faculty and staff trainings, SEC. 10608. Notwithstanding any other provi-
(d)(1) Section 3514(b) of title III of division A
payroll) incurred by institutions of higher edu- sion of law, funds made available under each
of Public Law 116–136 is hereby repealed, and
cation.’’: Provided, That amounts repurposed heading in this title shall only be used for the
such section shall be applied hereafter as if such
pursuant to the amendment made by this section purposes specifically described under that head-
subsection had never been enacted.
that were previously designated by the Congress ing.
(2)(A) IN GENERAL.—The amounts provided SEC. 10609. Funds appropriated by this title
as an emergency requirement pursuant to the under this subsection are designated as an emer-
Balanced Budget and Emergency Deficit Con- may be used by the Secretary of the Health and
gency requirement pursuant to section 4(g) of Human Services to appoint, without regard to
trol Act of 1985 are designated by the Congress the Statutory Pay-As-You-Go Act of 2010 (2
as an emergency requirement pursuant to sec- the provisions of sections 3309 through 3319 of
U.S.C. 933(g)), and the budgetary effects shall title 5 of the United States Code, candidates
tion 251(b)(2)(A)(i) of the Balanced Budget and not be entered on either PAYGO scorecard
Emergency Deficit Control Act of 1985. needed for positions to perform critical work re-
maintained pursuant to section 4(d) of such Act. lating to coronavirus for which—
SEC. 10606. With respect to the allocation and (B) DESIGNATION IN THE SENATE.—In the Sen-
award of funds under this title, the Secretary of (1) public notice has been given; and
ate, this subsection is designated as an emer- (2) the Secretary has determined that such a
Education is prohibited from— gency requirement pursuant to section 4112(a) of
(a) establishing a priority or preference not public health threat exists.
H. Con. Res. 71 (115th Congress), the concurrent SEC. 10610. Funds made available by this title
specified in this title; and
(b) imposing limits on the use of such funds resolution on the budget for fiscal year 2018, may be used to enter into contracts with indi-
not specified in this title. and the budgetary effects shall not be entered viduals for the provision of personal services (as
on any PAYGO scorecard maintained for pur- described in section 104 of part 37 of title 48,
RELATED AGENCIES poses of section 4106 of such concurrent resolu- Code of Federal Regulations (48 CFR 37.104)) to
CORPORATION FOR NATIONAL AND COMMUNITY tion. support the prevention of, preparation for, or
SERVICE (C) CLASSIFICATION OF BUDGETARY EFFECTS.— response to coronavirus, domestically and inter-
ADMINISTRATIVE PROVISIONS—CORPORATION FOR Notwithstanding Rule 3 of the Budget nationally, subject to prior notification to the
NATIONAL AND COMMUNITY SERVICE Scorekeeping Guidelines set forth in the joint Committees on Appropriations of the House of
SEC. 10607. (a) The remaining unobligated bal- explanatory statement of the committee of con- Representatives and the Senate: Provided, That
ances of funds as of September 30, 2020, from ference accompanying Conference Report 105– such individuals may not be deemed employees
amounts provided to ‘‘Corporation for National 217 and section 250(c)(7) and (c)(8) of the Bal- of the United States for the purpose of any law
and Community Service—Salaries and Ex- anced Budget and Emergency Deficit Control administered by the Office of Personnel Man-
penses’’ in title IV of division A of the Further Act of 1985, the budgetary effects of this sub- agement: Provided further, That the authority
Consolidated Appropriations Act, 2020 (Public section shall not be estimated— made available pursuant to this section shall ex-
Law 116–94), are hereby permanently rescinded, (i) for purposes of section 251 of such Act; and pire on September 30, 2024.
and an amount of additional new budget au- (ii) for purposes of paragraph (4)(C) of section SEC. 10611. Not later than 30 days after the
thority equal to the unobligated balances re- 3 of the Statutory Pay As-You-Go Act of 2010 as date of enactment of this Act, the Secretary of
scinded is hereby appropriated on September 30, being included in an appropriation Act. Health and Human Services shall provide a de-
2020, to remain available until September 30, INSTITUTE OF MUSEUM AND LIBRARY SERVICES tailed spend plan of anticipated uses of funds
2021, for the same purposes and under the same made available to the Department of Health and
OFFICE OF MUSEUM AND LIBRARY SERVICES: Human Services in this Act, including estimated
authorities that they were originally made
GRANTS AND ADMINISTRATION personnel and administrative costs, to the Com-
available in Public Law 116–94, which shall be
in addition to any other funds available for For an additional amount for ‘‘Institute of mittees on Appropriations of the House of Rep-
such purposes: Provided, That such amount is Museum and Library Services’’, $5,000,000, to re- resentatives and the Senate: Provided, That
designated by the Congress as being for an main available until September 30, 2021, to pre- such plans shall be updated and submitted to
emergency requirement pursuant to section vent, prepare for, and respond to coronavirus, such Committees every 60 days until September
251(b)(2)(A)(i) of the Balanced Budget and including grants to States, territories, tribes, 30, 2024: Provided further, That the spend plans
Emergency Deficit Control Act of 1985. museums, and libraries, to expand digital net- shall be accompanied by a listing of each con-
(b) The remaining unobligated balances of work access, purchase internet accessible de- tract obligation incurred that exceeds $5,000,000
funds as of September 30, 2020, from amounts vices, provide technical support services, and for which has not previously been reported, includ-
provided to ‘‘Corporation for National and Com- operational expenses: Provided, That any ing the amount of each such obligation.
munity Service—Operating Expenses’’ in title IV matching funds requirements for States, tribes, SEC. 10612. Not later than September 30, 2020,
of division A of the Further Consolidated Ap- libraries, and museums are waived for grants the remaining unobligated balances of funds
propriations Act, 2020 (Public Law 116–94), are provided with funds made available under this made available through September 30, 2020,
hereby permanently rescinded, and an amount heading in this Act: Provided further, That under the heading ‘‘National Institutes of
of additional new budget authority equal to the such amount is designated by the Congress as Health’’ in the Further Consolidated Appropria-
unobligated balances rescinded is hereby appro- being for an emergency requirement pursuant to tions Act, 2020 (Public Law 116–94) are hereby
priated on September 30, 2020, to remain avail- section 251(b)(2)(A)(i) of the Balanced Budget permanently rescinded, and an amount of addi-
able until September 30, 2021, for the same pur- and Emergency Deficit Control Act of 1985. tional new budget authority equivalent to the
poses and under the same authorities that they RAILROAD RETIREMENT BOARD amount rescinded from each account is hereby
were originally made available in Public Law appropriated to that account, to remain avail-
LIMITATION ON ADMINISTRATION able until September 30, 2021, and shall be avail-
116–94, which shall be in addition to any other
funds available for such purposes: Provided, For an additional amount for ‘‘Limitation on able for the same purposes, in addition to other
That any amounts appropriated by the pre- Administration’’, $4,500,000, to remain available funds as may be available for such purposes,
ceding proviso shall not be subject to the allot- until September 30, 2021, to prevent, prepare for, and under the same authorities for which the
ment requirements otherwise applicable under and respond to coronavirus, including the expe- funds were originally provided in Public Law
sections 129(a), (b), (d), and (e) of the National ditious dispensation of railroad unemployment 116–94: Provided, That such amount is des-
and Community Service Act of 1993: Provided insurance benefits, and to support full-time ignated by the Congress as being for an emer-
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further, That such amount is designated by the equivalents and overtime hours as needed to ad- gency requirement pursuant to section
Congress as being for an emergency requirement minister the Railroad Unemployment Insurance 251(b)(2)(A)(i) of the Balanced Budget and
pursuant to section 251(b)(2)(A)(i) of the Bal- Act: Provided, That such amount is designated Emergency Deficit Control Act of 1985.
anced Budget and Emergency Deficit Control by the Congress as being for an emergency re- SEC. 10613. Funds made available in Public
Act of 1985. quirement pursuant to section 251(b)(2)(A)(i) of Law 113–235 to the accounts of the National In-
(c) The remaining unobligated balances of the Balanced Budget and Emergency Deficit stitutes of Health that were available for obliga-
funds as of September 30, 2020, from amounts Control Act of 1985. tion through fiscal year 2015 and were obligated
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H2056 CONGRESSIONAL RECORD — HOUSE May 15, 2020
for multi-year research grants shall be available and Agency Operations (division B of Public States shall be apportioned to States in the same
through fiscal year 2021 for the liquidation of Law 116–136) is amended by inserting at the end ratio as the obligation limitation for fiscal year
valid obligations if the Director of the National before the period ‘‘and is further amended by 2020 was distributed among the States in accord-
Insitutes of Health determines the project suf- striking ‘$5,563,619’ in the second proviso under ance with the formula specified in section
fered an interruption of activities attributable to the heading ‘Repatriation Loans Program Ac- 120(a)(5) of division H of Public Law 116–94 and
SARS–CoV–2: Provided, That such amount is count’ and inserting in lieu thereof shall be apportioned not later than 30 days after
designated by the Congress as being for an ‘$15,563,619’ ’’. the date of enactment of this Act: Provided fur-
emergency requirement pursuant to section SEC. 10802. Section 21009 of the Emergency Ap- ther, That the funds made available under this
251(b)(2)(A)(i) of the Balanced Budget and propriations for Coronavirus Health Response heading shall be administered as if apportioned
Emergency Deficit Control Act of 1985. and Agency Operations (division B of Public under chapter 1 of title 23, United States Code,
SEC. 10614. Of the funds appropriated by this Law 116–136) is amended by striking ‘‘fiscal year except that activities eligible under the Tribal
title under the heading ‘‘Public Health and So- 2020’’ and inserting in lieu thereof ‘‘fiscal years Transportation Program shall be administered
cial Services Emergency Fund’’, $75,000,000 shall 2020 and 2021’’: Provided, That the amount pro- as if allocated under chapter 2 of title 23, United
be transferred to, and merged with, funds made vided by this section is designated by the Con- States Code: Provided further, That funds ap-
available under the heading ‘‘Office of the Sec- gress as being for an emergency requirement portioned to a State under this heading shall be
retary, Office of Inspector General’’, and shall pursuant to section 251(b)(2)(A)(i) of the Bal- suballocated within the State to areas described
remain available until expended, for oversight of anced Budget and Emergency Deficit Control in subsection 133(d)(1)(A)(i) of title 23, United
activities supported with funds appropriated to Act of 1985. States Code, in the same ratio that funds sub-
the Department of Health and Human Services allocated to those areas for fiscal year 2020
TITLE IX
in this Act: Provided, That the Inspector Gen- bears to the total amount of funds apportioned
eral of the Department of Health and Human TRANSPORTATION, HOUSING AND URBAN to the State for the Federal-aid highway pro-
Services shall consult with the Committees on DEVELOPMENT, AND RELATED AGENCIES gram under section 104 of such title for fiscal
Appropriations of the House of Representatives DEPARTMENT OF TRANSPORTATION year 2020: Provided further, That of funds made
and the Senate prior to obligating such funds: FEDERAL AVIATION ADMINISTRATION available under this heading for activities eligi-
Provided further, That the transfer authority ble under section 133(b) of title 23, United States
OPERATIONS
provided by this section is in addition to any Code, any such activity shall be subject to the
other transfer authority provided by law. For an additional amount for ‘‘Operations’’, requirements of section 133(i) of such title: Pro-
$75,000,000, to remain available until September vided further, That, except as provided in the
TITLE VII—LEGISLATIVE BRANCH 30, 2022, to prevent, prepare for, and respond to following proviso, the funds made available
HOUSE OF REPRESENTATIVES coronavirus: Provided, That amounts made under this heading for activities eligible under
For an additional amount for the ‘‘House of available under this heading in this Act shall be the Puerto Rico Highway Program and activities
Representatives’’, $5,000,000, to remain available derived from the general fund, of which not less eligible under the Territorial Highway Program
until September 30, 2021, for necessary expenses than $1,000,000 shall be for the Administrator to shall be administered as if allocated under sec-
to prevent, prepare for, and respond to seek to enter into an agreement not later than tions 165(b) and 165(c), respectively, of such
coronavirus: Provided, That the amounts made 45 days after the date of enactment of this Act title: Provided further, That the funds made
available under this heading in this Act shall be with a research organization established under available under this heading for activities eligi-
allocated in accordance with a spend plan sub- chapter 1503 of title 36, United States Code, to ble under the Puerto Rico Highway Program
mitted to the Committee on Appropriations of conduct a study to determine whether the envi- shall not be subject to the requirements of sec-
the House of Representatives by the Chief Ad- ronmental controls systems in commercial air- tions 165(b)(2)(A) or 165(b)(2)(B) of such title:
ministrative Officer and approved by such Com- liners recirculate pathogens in the cabin air and Provided further, That for amounts subject to
mittee: Provided further, That such amount is to assess existing and potential technological so- the obligation limitation under the heading
designated by the Congress as being for an lutions to reduce pathogen recirculation and to ‘‘Department of Transportation—Federal High-
emergency requirement pursuant to section mitigate any elevated risk of exposure to patho- way Administration—Federal-aid Highways—
251(b)(2)(A)(i) of the Balanced Budget and gens in the cabin air: Provided further That (Limitation on Obligations)—(Highway Trust
Emergency Deficit Control Act of 1985. such amount is designated by the Congress as Fund)’’ in Public Law 116–94 for fiscal year 2020
GOVERNMENT ACCOUNTABILITY OFFICE being for an emergency requirement pursuant to that are obligated after the date of enactment of
SALARIES AND EXPENSES section 251(b)(2)(A)(i) of the Balanced Budget this Act, and for any amounts made available
and Emergency Deficit Control Act of 1985. under this heading in this Act, the Federal
For an additional amount for ‘‘Salaries and
FEDERAL HIGHWAY ADMINISTRATION share of the costs shall be, at the option of the
Expenses’’, $30,000,000, to remain available until
State, District of Columbia, territory, Puerto
expended, for audits and investigations relating HIGHWAY INFRASTRUCTURE PROGRAMS
Rico, or Indian Tribe, up to 100 percent, and
to COVID–19 or similar pandemics, as well as For an additional amount for ‘‘Highway In- may be available for administrative and oper-
any related stimulus funding to assist the frastructure Programs’’, $15,000,000,000, to re- ations expenses, including salaries of employees
United States response to health and economic main available until expended: Provided, That (including those employees who have been
vulnerabilities to pandemics: Provided, That, the funds made available under this heading placed on administrative leave) or contractors,
not later than 90 days after the date of enact- shall be derived from the general fund, shall be information technology needs, and availability
ment of this Act, the Government Accountability in addition to any funds provided for fiscal year payments: Provided further, That section 120(c)
Office shall submit to the Committees on Appro- 2020 in this or any other Act for ‘‘Federal-aid of Public Law 116–94 shall not apply for fiscal
priations of the House of Representatives and Highways’’ under chapters 1 or 2 of title 23, year 2020, and that amounts that would other-
the Senate a spend plan specifying funding esti- United States Code, and shall not affect the dis- wise have been redistributed by section 120(c)
mates and a timeline for such audits and inves- tribution or amount of funds provided in any shall be retained by States and shall be avail-
tigations: Provided further, That such amount other Act: Provided further, That notwith- able for their original purpose until September
is designated by the Congress as being for an standing chapter 1 of title 23, United States 30, 2021, except that such amounts shall be sub-
emergency requirement pursuant to section Code, or any other provision of law, a State, ter- ject to such redistribution in fiscal year 2021:
251(b)(2)(A)(i) of the Balanced Budget and ritory, Puerto Rico, or Indian Tribe may use Provided further, That amounts made available
Emergency Deficit Control Act of 1985. funds made available under this heading in this under section 147 of title 23, United States Code,
TITLE VIII—DEPARTMENT OF STATE, FOR- Act for activities eligible under section 133(b) of for fiscal years 2019 and 2020 are available for
EIGN OPERATIONS, AND RELATED PRO- title 23, United States Code, for administrative the administrative and operating expenses of eli-
GRAMS and operations expenses, including salaries of gible entities related to the response to a
DEPARTMENT OF STATE employees (including those employees who have coronavirus public health emergency beginning
ADMINISTRATION OF FOREIGN AFFAIRS been placed on administrative leave) or contrac- on January 20, 2020, reimbursement for adminis-
OFFICE OF INSPECTOR GENERAL tors, information technology needs, and avail- trative and operating costs to maintain service
ability payments: Provided further, That of the including the purchase of personal protective
For an additional amount for ‘‘Office of In-
funds made available under this heading, equipment, and paying the administrative leave
spector General’’, $2,000,000, to remain available
$14,775,000,000 shall be available for States, of operations personnel due to reductions in
until September 30, 2022, for oversight of funds
$150,000,000 shall be available for the Tribal service: Provided further, That funds made
administered by the Department of State and
Transportation Program, as described in section available for administrative and operating ex-
made available to prevent, prepare for, and re-
202 of title 23, United States Code, $60,000,000 penses authorized for fiscal year 2020 in Public
spond to coronavirus by this title and by prior
shall be available for the Puerto Rico Highway Law 116–94 or in this Act under this heading are
acts: Provided, That such amount is designated
Program, as described in section 165(b)(2)(C)(iii) not required to be included in a transportation
by the Congress as being for an emergency re-
of such title; and $15,000,000 shall be available improvement program or a statewide transpor-
quirement pursuant to section 251(b)(2)(A)(i) of
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for under the Territorial Highway Program, as tation improvement program under sections 134
the Balanced Budget and Emergency Deficit
described in section 165(c)(6) of such title: Pro- or 135 of title 23, United States Code, or chapter
Control Act of 1985.
vided further, That for the purposes of funds 53 of title 49, United States Code, as applicable:
GENERAL PROVISIONS — THIS TITLE made available under this heading the term Provided further, That unless otherwise speci-
(INCLUDING TRANSFER OF FUNDS) ‘‘State’’ means any of the 50 States or the Dis- fied, applicable requirements under title 23,
SEC. 10801. Section 21005 of the Emergency Ap- trict of Columbia: Provided further, That the United States Code, shall apply to funds made
propriations for Coronavirus Health Response funds made available under this heading for available under this heading: Provided further,
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2057
That the Administrator of the Federal Highway rolling basis: Provided further, That if amounts Housing Assistance Payments under section 8(o)
Administration may retain up to one half of one made available under this heading in this Act of the United States Housing Act of 1937 (42
percent of the funds made available under this remain unobligated on December 31, 2021, such U.S.C. 1437f(o)): Provided, That amounts made
heading to fund the oversight by the Adminis- amounts shall be available for any purpose eli- available under this heading in this Act and
trator of activities carried out with funds made gible under section 5324 of title 49, United States under the same heading in title XII of division
available under this heading: Provided further, Code: B of the CARES Act may be used to cover or re-
That such amount is designated by the Congress Provided further, That the provision of funds imburse allowable costs incurred to prevent, pre-
as being for an emergency requirement pursuant under this section shall not affect the ability of pare for, and respond to coronavirus regardless
to section 251(b)(2)(A)(i) of the Balanced Budget any other agency of the Government, including of the date on which such costs were incurred:
and Emergency Deficit Control Act of 1985. the Federal Emergency Management Agency, or Provided further, That of the amounts made
FEDERAL TRANSIT ADMINISTRATION State agency, a local governmental entity, orga- available under this heading in this Act,
PUBLIC TRANSPORTATION EMERGENCY RELIEF nization, or person, to provide any other funds $500,000,000 shall be available for administrative
otherwise authorized by law: Provided further, expenses and other expenses of public housing
For an additional amount for ‘‘Public Trans-
That notwithstanding subsection (a)(1) or (b) of agencies for their section 8 programs, including
portation Emergency Relief’’, $15,750,000,000, to
section 5307 of title 49, United States Code, sub- Mainstream vouchers: Provided further, That of
remain available until expended, to prevent,
section (a)(1) of section 5324 of such title, or any the amounts made available under this heading
prepare for, and respond to coronavirus: Pro-
provision of chapter 53 of title 49, funds pro- in this Act, $2,500,000,000 shall be available for
vided, That of the amounts appropriated under
vided under this heading in this Act are avail- adjustments in the calendar year 2020 section 8
this heading in this Act—
(1) $11,750,000,000 shall be for grants to urban- able for the operating expenses of transit agen- renewal funding allocations, including Main-
ized areas with populations over 3,000,000 and cies related to the response to a coronavirus stream vouchers, for public housing agencies
shall be allocated in the same ratio as funds public health emergency, including, beginning that experience a significant increase in voucher
were provided in fiscal year 2020: Provided, on January 20, 2020, reimbursement for oper- per-unit costs due to extraordinary cir-
That 15 percent of the amounts provided in this ating costs to maintain service and lost revenue cumstances or that, despite taking reasonable
paragraph shall be allocated as if such funds due to the coronavirus public health emergency, cost savings measures, as determined by the Sec-
were provided under section 5307 of title 49, including the purchase of personal protective retary, would otherwise be required to terminate
United States Code and apportioned in accord- equipment, and paying the administrative leave rental assistance for families as a result of in-
ance with section 5336 of such title (other than of operations or contractor personnel due to re- sufficient funding: Provided further, That of the
subsection (b)(3) and (c)(1)(A)) and 85 percent of ductions in service: Provided further, That to amounts made available under this heading in
the amounts provided in this paragraph shall be the maximum extent possible, funds made avail- this Act, $1,000,000,000 shall be used for incre-
allocated under section 5337 of such title and able under this heading in this Act and in title mental rental voucher assistance under section
apportioned in accordance with such section: XII of division B of the CARES Act (Public Law 8(o) of the United States Housing Act of 1937 for
Provided further, That funds provided under 116–136) shall be directed to payroll and public use by individuals and families who are—home-
section 5337 shall be added to funds apportioned transit service, unless the recipient certifies to less, as defined under section 103(a) of the
under section 5307 for administration in accord- the Secretary they have not furloughed any em- McKinney-Vento Homeless Assistance Act (42
ance with provisions under section 5307: Pro- ployees: Provided further, That such operating U.S.C. 11302(a)); at risk of homelessness, as de-
vided further, That for urbanized areas with expenses are not required to be included in a fined under section 401(1) of the McKinney-
multiple subrecipients, funds provided under transportation improvement program, long- Vento Homeless Assistance Act (42 U.S.C.
section 5337 in this paragraph shall be distrib- range transportation plan, statewide transpor- 11360(1)); or fleeing, or attempting to flee, do-
uted among subrecipients using the same ratio tation plan, or a statewide transportation im- mestic violence, dating violence, sexual assault,
used to distribute funds made available for sec- provement program: Provided further, That the or stalking: Provided further, That the Sec-
tion 5337 in fiscal year 2020; and Secretary shall not waive the requirements of retary shall allocate amounts made available in
(2) $4,000,000,000 shall be for grants to transit section 5333 of title 49, United States Code, for the preceding proviso to public housing agencies
agencies that, as a result of coronavirus, require funds appropriated under this heading in this not later than 60 days after the date of enact-
significant additional assistance to maintain Act: Provided further, That unless otherwise ment of this Act, according to a formula that
basic transit services: Provided, That such funds specified, applicable requirements under chapter considers the ability of the public housing agen-
shall be administered as if they were provided 53 of title 49, United States Code, shall apply to cy to use vouchers promptly and the need of
under section 5324 of title 49, United States funding made available under this heading in geographical areas based on factors to be deter-
Code: Provided further, That any recipient or this Act, except that the Federal share of the mined by the Secretary, such as risk of trans-
subrecipient of funds under chapter 53 of title costs for which any grant is made under this mission of coronavirus, high numbers or rates of
49, United States Code, or an intercity bus serv- heading in this Act shall be, at the option of the sheltered and unsheltered homelessness, and
ice provider that has, since October 1, 2018, recipient, up to 100 percent: Provided further, economic and housing market conditions: Pro-
partnered with a recipient or subrecipient in That the amount made available under this vided further, That if a public housing author-
order to meet the requirements of section 5311(f) heading in this Act shall be derived from the ity elects not to administer or does not promptly
of such title shall be eligible to directly apply for general fund and shall not be subject to any issue all of its authorized vouchers within a rea-
funds under this paragraph: Provided further, limitation on obligations for transit programs set sonable period of time, the Secretary shall re-
That entities that are subrecipients of funds forth in any Act: Provided further, That not allocate any unissued vouchers and associated
under chapter 53 of title 49 and have partnered more than one-half of one percent of the funds funds to other public housing agencies accord-
with a recipient or subrecipient in order to meet for transit infrastructure grants provided under ing to the criteria in the preceding proviso: Pro-
the requirements of section 5311(f) of such title this heading in this Act shall be available for vided further, That a public housing agency
shall be eligible to receive not more than 18.75 administrative expenses and ongoing program shall not reissue any vouchers under this head-
percent of the total funds provided under this management oversight as authorized under sec- ing in this Act for incremental rental voucher
paragraph: Provided further, That such entities tions 5334 and 5338(f)(2) of title 49, United States assistance when assistance for the family ini-
shall use assistance provided under this heading Code, and shall be in addition to any other ap- tially assisted is terminated: Provided further,
only for workforce retention or, the recall or re- propriations for such purpose: Provided further, That upon termination of incremental rental
hire of any laid off, furloughed, or terminated That such amount is designated by the Congress voucher assistance under this heading in this
employee, associated with the provision of bus as being for an emergency requirement pursuant Act for one or more families assisted by a public
service: Provided further, That, the Secretary to section 251(b)(2)(A)(i) of the Balanced Budget housing agency, the Secretary shall reallocate
shall issue a Notice of Funding Opportunity not and Emergency Deficit Control Act of 1985. amounts that are no longer needed by such pub-
later than 30 days after the date of enactment of DEPARTMENT OF HOUSING AND URBAN lic housing agency for assistance under this
this Act and that such Notice of Funding Op- DEVELOPMENT heading in this Act to another public housing
portunity shall require application submissions PUBLIC AND INDIAN HOUSING agency for the renewal of vouchers previously
not later than 45 days after the enactment of authorized under this heading in this Act: Pro-
TENANT-BASED RENTAL ASSISTANCE
this Act: Provided further, That the Secretary vided further, That amounts made available in
shall make awards not later than 45 days after (INCLUDING TRANSFER OF FUNDS) this paragraph are in addition to any other
the application deadline: Provided further, That For an additional amount for ‘‘Tenant-Based amounts made available for such purposes: Pro-
the Secretary shall require grantees to provide Rental Assistance’’, $4,000,000,000, to remain vided further, That up to 0.5 percent of the
estimates of financial need, data on reduced rid- available until expended, and to be used under amounts made available under this heading in
ership, and a spending plan for funds: Provided the same authority and conditions as the addi- this Act may be transferred, in aggregate, to
further, That when evaluating applications for tional appropriations for fiscal year 2020 under ‘‘Department of Housing and Urban Develop-
assistance, the Secretary shall give priority to this heading in title XII of division B of the ment, Program Offices—Public and Indian
dlhill on DSK120RN23PROD with HOUSE
transit agencies with the largest revenue loss as CARES Act (Public Law 116–136), except that Housing’’ to supplement existing resources for
a percentage of their operating expenses: Pro- any amounts provided for administrative ex- the necessary costs of administering and over-
vided further, That if applications for assistance penses and other expenses of public housing seeing the obligation and expenditure of these
do not exceed available funds, the Secretary agencies for their section 8 programs, including amounts, to remain available until September
shall reserve the remaining amounts for grant- Mainstream vouchers, under this heading in the 30, 2024: Provided further, That such amount is
ees to prevent, prepare for, and respond to CARES Act (Public Law 116–136) and under this designated by the Congress as being for an
coronavirus and shall accept applications on a heading in this Act shall also be available for emergency requirement pursuant to section
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H2058 CONGRESSIONAL RECORD — HOUSE May 15, 2020
251(b)(2)(A)(i) of the Balanced Budget and this Act, up to $25,000,000 may be transferred to available until expended, and to be used under
Emergency Deficit Control Act of 1985. ‘‘Department of Housing and Urban Develop- the same authority and conditions as the addi-
PUBLIC HOUSING OPERATING FUND ment, Program Offices—Community Planning tional appropriations for fiscal year 2020 under
and Development’’ for necessary costs of admin- this heading in title XII of division B of the
(INCLUDING TRANSFER OF FUNDS)
istering and overseeing the obligation and ex- CARES Act (Public Law 116–136): Provided,
For an additional amount for ‘‘Public Hous- penditure of amounts under this heading in this That such amount is designated by the Congress
ing Operating Fund’’, as authorized by section Act, to remain available until September 30, as being for an emergency requirement pursuant
9(e) of the United States Housing Act of 1937 (42 2028: Provided further, That such amount is to section 251(b)(2)(A)(i) of the Balanced Budget
U.S.C. 1437g(e)), $2,000,000,000, to remain avail- designated by the Congress as being for an and Emergency Deficit Control Act of 1985.
able until September 30, 2021, and to be used emergency requirement pursuant to section HOUSING FOR THE ELDERLY
under the same authority and conditions as the 251(b)(2)(A)(i) of the Balanced Budget and
additional appropriations for fiscal year 2020 For an additional amount for ‘‘Housing for
Emergency Deficit Control Act of 1985.
under this heading in title XII of division B of the Elderly’’, $500,000,000, to remain available
HOMELESS ASSISTANCE GRANTS until September 30, 2023, and to be used under
the CARES Act (Public Law 116–136): Provided,
(INCLUDING TRANSFER OF FUNDS) the same authority and conditions as the addi-
That amounts made available under this head-
ing in this Act and under the same heading in For an additional amount for ‘‘Homeless As- tional appropriations for fiscal year 2020 under
title XII of division B of the CARES Act may be sistance Grants’’, $11,500,000,000, to remain this heading in title XII of division B of the
used to cover or reimburse allowable costs in- available until September 30, 2025, for the Emer- CARES Act (Public Law 116–136): Provided,
curred to prevent, prepare for, and respond to gency Solutions Grants program as authorized That notwithstanding the first proviso under
coronavirus regardless of the date on which under subtitle B of title IV of the McKinney- this heading in the CARES Act, $300,000,000 of
such costs were incurred: Provided further, Vento Homeless Assistance Act (42 U.S.C. 11371 the amount made available under this heading
That up to 0.5 percent of the amounts made et seq.), as amended, and to be used under the in this Act shall be for one-time grants for serv-
available under this heading in this Act may be same authority and conditions as the additional ice coordinators, as authorized under section 676
transferred, in aggregate, to ‘‘Department of appropriations for fiscal year 2020 under this of the Housing and Community Development
Housing and Urban Development, Program Of- heading in title XII of division B of the CARES Act of 1992 (42 U.S.C. 13632), and the continu-
fices—Public and Indian Housing’’ to supple- Act (Public Law 116–136): Provided, That ation of existing congregate service grants for
ment existing resources for the necessary costs $4,000,000,000 of the amount made available residents of assisted housing projects: Provided
of administering and overseeing the obligation under this heading in this Act shall be distrib- further, That such amount is designated by the
and expenditure of these amounts, to remain uted pursuant to 24 CFR 576.3 to grantees that Congress as being for an emergency requirement
available until September 30, 2024: Provided fur- received allocations pursuant to that same for- pursuant to section 251(b)(2)(A)(i) of the Bal-
ther, That such amount is designated by the mula in fiscal year 2020, and that such alloca- anced Budget and Emergency Deficit Control
Congress as being for an emergency requirement tions shall be made within 30 days of enactment Act of 1985.
pursuant to section 251(b)(2)(A)(i) of the Bal- of this Act: Provided further, That, in addition HOUSING FOR PERSONS WITH DISABILITIES
anced Budget and Emergency Deficit Control to amounts allocated in the preceding proviso,
For an additional amount for ‘‘Housing for
Act of 1985. remaining amounts shall be allocated directly to
Persons with Disabilities’’, $200,000,000, to re-
a State or unit of general local government by
COMMUNITY PLANNING AND DEVELOPMENT main available until September 30, 2023, and to
the formula specified in the third proviso under
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS be used under the same authority and condi-
this heading in title XII of division B of the
tions as the additional appropriations for fiscal
For an additional amount for ‘‘Housing Op- CARES Act (Public Law 116–136): Provided fur-
year 2020 under this heading in title XII of divi-
portunities for Persons with AIDS’’, $15,000,000, ther, That not later than 90 days after the date
sion B of the CARES Act (Public Law 116–136):
to remain available until September 30, 2021, of enactment of this Act and every 60 days
Provided, That such amount is designated by
and to be used under the same authority and thereafter, the Secretary shall allocate a min-
the Congress as being for an emergency require-
conditions as the additional appropriations for imum of an additional $500,000,000, pursuant to
ment pursuant to section 251(b)(2)(A)(i) of the
fiscal year 2020 under this heading in title XII the formula referred to in the preceding proviso,
Balanced Budget and Emergency Deficit Con-
of division B of the CARES Act (Public Law based on the best available data: Provided fur-
trol Act of 1985.
116–136): Provided, That amounts provided ther, That up to 0.5 percent of the amounts
under this heading in this Act that are allocated made available under this heading in this Act HOUSING COUNSELING ASSISTANCE
pursuant to section 854(c)(5) of the AIDS Hous- may be transferred to ‘‘Department of Housing For an additional amount for ‘‘Housing Coun-
ing Opportunity Act (42 U.S.C. 12901 et seq.) and Urban Development—Program Offices— seling Assistance’’, for contracts, grants, and
shall remain available until September 30, 2022: Community Planning and Development’’ for other assistance excluding loans, as authorized
Provided further, That not less than $15,000,000 necessary costs of administering and overseeing under section 106 of the Housing and Urban De-
of the amount provided under this heading in the obligation and expenditure of amounts velopment Act of 1968, $100,000,000, to remain
this Act shall be allocated pursuant to the for- under this heading in this Act, to remain avail- available until September 30, 2022, including up
mula in section 854 of such Act using the same able until September 30, 2030: Provided further, to $8,000,000 for administrative contract services:
data elements as utilized pursuant to that same That funds made available under this heading Provided, That funds made available under this
formula in fiscal year 2020: Provided further, in this Act and under this heading in title XII heading in this Act shall be used for providing
That such amount is designated by the Congress of division B of the CARES Act (Public Law counseling and advice to tenants and home-
as being for an emergency requirement pursuant 116–136) may be used for eligible activities the owners, both current and prospective, with re-
to section 251(b)(2)(A)(i) of the Balanced Budget Secretary determines to be critical in order to as- spect to property maintenance, financial man-
and Emergency Deficit Control Act of 1985. sist survivors of domestic violence, sexual as- agement or literacy, foreclosure and eviction
COMMUNITY DEVELOPMENT FUND sault, dating violence, and stalking or to assist mitigation, and such other matters as may be
homeless youth, age 24 and under: Provided fur- appropriate to assist them in improving their
(INCLUDING TRANSFER OF FUNDS)
ther, That amounts repurposed by this para- housing conditions, meeting their financial
For an additional amount for ‘‘Community graph that were previously designated by the needs, and fulfilling the responsibilities of ten-
Development Fund’’, $5,000,000,000, to remain Congress as an emergency requirement pursuant ancy or homeownership; for program adminis-
available until September 30, 2023, and to be to the Balanced Budget and Emergency Deficit tration; and for housing counselor training:
used under the same authority and conditions Control Act of 1985 are designated by the Con- Provided further, That amounts made available
as the additional appropriations for fiscal year gress as an emergency requirement pursuant to under this heading in this Act may be used to
2020 under this heading in title XII of division section 251(b)(2)(A)(i) of the Balanced Budget purchase equipment and technology to deliver
B of the CARES Act (Public Law 116–136): Pro- and Emergency Deficit Control Act of 1985: Pro- services through use of the Internet or other
vided, That such amount made available under vided further, That such amount is designated electronic or virtual means in response to the
this heading in this Act shall be distributed pur- by the Congress as being for an emergency re- public health emergency related to the
suant to section 106 of the Housing and Commu- quirement pursuant to section 251(b)(2)(A)(i) of Coronavirus Disease 2019 (COVID–19) pandemic:
nity Development Act of 1974 (42 U.S.C. 5306) to the Balanced Budget and Emergency Deficit Provided further, That for purposes of providing
grantees that received allocations pursuant to Control Act of 1985. such grants from amounts provided under this
such formula in fiscal year 2020, and that such EMERGENCY RENTAL ASSISTANCE heading, the Secretary may enter into multiyear
allocations shall be made within 30 days of en- agreements, as appropriate, subject to the avail-
For activities and assistance authorized in
actment of this Act: Provided further, That in ability of annual appropriations: Provided fur-
section 110201, $100,000,000,000, to remain avail-
administering funds under this heading, an ther, That such amount is designated by the
able until expended: Provided, That such
urban county shall consider needs throughout Congress as being for an emergency requirement
amount is designated by the Congress as being
the entire urban county configuration to pre- pursuant to section 251(b)(2)(A)(i) of the Bal-
for an emergency requirement pursuant to sec-
dlhill on DSK120RN23PROD with HOUSE
vent, prepare for, and respond to coronavirus: anced Budget and Emergency Deficit Control
tion 251(b)(2)(A)(i) of the Balanced Budget and
Provided further, That up to $100,000,000 of Act of 1985.
Emergency Deficit Control Act of 1985.
amounts made available under this heading in
HOUSING PROGRAMS FAIR HOUSING AND EQUAL OPPORTUNITY
this Act may be used to make new awards or in-
crease prior awards to existing technical assist- PROJECT-BASED RENTAL ASSISTANCE FAIR HOUSING ACTIVITIES
ance providers: Provided further, That of the For an additional amount for ‘‘Project-Based For an additional amount for ‘‘Fair Housing
amounts made available under this heading in Rental Assistance’’, $750,000,000, to remain Activities’’, $14,000,000, to remain available until
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2059
September 30, 2022, and to be used under the States Code, due to intervening efforts to pre- SEC. 11006. Any amount appropriated by this
same authority and conditions as the additional vent, prepare for, and respond to coronavirus. Act, designated by the Congress as an emer-
appropriations for fiscal year 2020 under this (b) The Secretary of Transportation may pro- gency requirement pursuant to section
heading in title XII of division B of the CARES vide such individual up to 1 year after gradua- 251(b)(2)(A)(i) of the Balanced Budget and
Act (Public Law 116–136): Provided, That of the tion to pass such examination. Emergency Deficit Control Act of 1985 and sub-
funds made available under this heading in this (c) Nothing in this section shall be construed sequently so designated by the President, and
Act, $4,000,000 shall be for Fair Housing Organi- to allow the provision of a license under section transferred pursuant to transfer authorities pro-
zation Initiative grants through the Fair Hous- 7101 of title 46, United States Code, to an indi- vided by this Act shall retain such designation.
ing Initiatives Program (FHIP), made available vidual who has not passed the required exam- SEC. 11007. (a) Any contract or agreement en-
to existing grantees, which may be used for fair ination. tered into by an agency with a State or local
housing activities and for technology and equip- SEC. 10906. government or any other non-Federal entity for
Amounts made available under the headings
ment needs to deliver services through use of the the purposes of providing covered assistance, in-
‘‘Project-Based Rental Assistance,’’ ‘‘Housing
Internet or other electronic or virtual means in cluding any information and documents related
for the Elderly’’ and ‘‘Housing for Persons With
response to the public health emergency related to the performance of and compliance with such
Disabilities’’ in title XII of division B of the
to the Coronavirus Disease 2019 (COVID–19) contract or agreement, shall be—
CARES Act (Public Law 116–136) and under
pandemic: Provided further, That of the funds (1) deemed an agency record for purposes of
such headings in this title of this Act may be
made available under this heading in this Act, used, notwithstanding any other provision of section 552(f)(2) of title 5, United States Code;
$10,000,000 shall be for FHIP Education and law, to provide additional funds to maintain op- and
Outreach grants made available to previously- erations for such housing, for providing sup- (2) subject to section 552 of title 5, United
funded national media grantees and State and portive services, and for taking other necessary States Code (commonly known as the ‘‘Freedom
local education and outreach grantees, to edu- actions to prevent, prepare for, and respond to of Information Act’’).
cate the public and the housing industry about coronavirus, including to actions to self-isolate, (b) In this section—
fair housing rights and responsibilities during quarantine, or to provide other coronavirus in- (1) the term ‘‘agency’’ has the meaning given
the COVID–19 pandemic: Provided further, That fection control services as recommended by the the term in section 551 of title 5, United States
such grants in the preceding proviso shall be di- Centers for Disease Control and Prevention, in- Code; and
vided evenly between the national media cam- cluding providing relocation services for resi- (2) the term ‘‘covered assistance’’—
paign and education and outreach activities: dents of such housing to provide lodging at ho- (A) means any assistance provided by an
Provided further, That such amount is des- tels, motels, or other locations: Provided, That agency in accordance with an Act or amend-
ignated by the Congress as being for an emer- the amounts repurposed pursuant to this section ments made by an Act to provide aid, assistance,
gency requirement pursuant to section that were previously designated by the Congress or funding related to the outbreak of COVID–19
251(b)(2)(A)(i) of the Balanced Budget and as an emergency requirement pursuant to the that is enacted before, on, or after the date of
Emergency Deficit Control Act of 1985. Balanced Budget and Emergency Deficit Con- enactment of this Act; and
GENERAL PROVISIONS—THIS TITLE trol Act of 1985 are designated by the Congress (B) includes any such assistance made avail-
(INCLUDING RESCISSIONS) as an emergency requirement pursuant to sec- able by an agency under—
tion 251(b)(2)(A)(i) of the Balanced Budget and (i) this Act;
SEC. 10901. There is hereby appropriated from
Emergency Deficit Control Act of 1985. (ii) the Paycheck Protection Program and
the General Fund of the Treasury, for payment
TITLE X Health Care Enhancement Act (Public Law 116–
to the Airport and Airway Trust Fund, an
139), or an amendment made by that Act;
amount equal to the amount authorized by sec- GENERAL PROVISIONS—THIS DIVISION
(iii) the CARES Act (Public Law 116–136), or
tion 9502(c) of title 26, United States Code. SEC. 11001. Not later than 30 days after the an amendment made by that Act;
SEC. 10902. Amounts previously made avail- date of enactment of this Act, the head of each (iv) the Families First Coronavirus Response
able in the Further Continuing Appropriations executive agency that receives funding in any Act (Public Law 116–127), or an amendment
Act, 2013 (Public Law 113–6) for the heading division of this Act, or that received funding in made by that Act; or
‘‘Department of Housing and Urban Develop- the Coronavirus Preparedness and Response (v) the Coronavirus Preparedness and Re-
ment—Public and Indian Housing—Choice Supplemental Appropriations Act, 2020 (division sponse Supplemental Appropriations Act, 2020
Neighborhoods Initiative’’ shall remain avail- A of Public Law 116–123), the Second (Public Law 116–123), or an amendment made by
able for expenditure for the purpose of paying Coronavirus Preparedness and Response Sup- that Act.
valid obligations incurred prior to the expiration plemental Appropriations Act, 2020 (division A SEC. 11008. (a) Notwithstanding any other
of such amounts through September 30, 2021. of Public Law 116–127), the CARES Act (Public provision of law and in a manner consistent
SEC. 10903. The provision under the heading Law 116–136), or the Paycheck Protection Pro- with other provisions in any division of this Act,
‘‘Office of the Inspector General—Salaries and gram and Health Care Enhancement Act (Public all laborers and mechanics employed by contrac-
Expenses’’ in title XII of division B of the Law 116–139) shall provide a report detailing the tors and subcontractors on projects funded di-
Coronavirus Aid, Relief, and Economic Security anticipated uses of all such funding to the Com- rectly by or assisted in whole or in part by and
Act (Public Law 116–136) is amended by striking mittees on Appropriations of the House of Rep- through the Federal Government pursuant to
‘‘with funds made available in this Act to’’ and resentatives and the Senate: Provided, That any division of this Act shall be paid wages at
inserting ‘‘by’’: Provided, That the amounts each report shall include estimated personnel rates not less than those prevailing on projects
repurposed in this section that were previously and administrative costs, as well as the total of a character similar in the locality as deter-
designated by the Congress as an emergency re- amount of funding apportioned, allotted, obli- mined by the Secretary of Labor in accordance
quirement pursuant to the Balanced Budget and gated, and expended, to date: Provided further, with subchapter IV of chapter 31 of title 40,
Emergency Deficit Control Act of 1985 are des- That each such report shall be updated and United States Code. With respect to the labor
ignated by the Congress as an emergency re- submitted to such Committees every 60 days standards specified in this section, the Secretary
quirement pursuant to section 251(b)(2)(A)(i) of until all funds are expended or expire: Provided of Labor shall have the authority and functions
the Balanced Budget and Emergency Deficit further, That reports submitted pursuant to this set forth in Reorganization Plan Numbered 14 of
Control Act of 1985. section shall satisfy the requirements of section
SEC. 10904. (a) Notwithstanding section 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
1701 of division A of Public Law 116–127. 3145 of title 40, United States Code.
51309(a)(1)(B) of title 46, United States Code, for SEC. 11002. Each amount appropriated or
fiscal year 2020, the Secretary of Transportation (b) The amounts provided by this section are
made available by this Act is in addition to
may confer the degree of bachelor of science on designated by the Congress as being for an
amounts otherwise appropriated for the fiscal
an individual who has not passed the examina- emergency requirement pursuant to section
year involved.
tion for a merchant marine officer’s license due 251(b)(2)(A)(i) of the Balanced Budget and
SEC. 11003. No part of any appropriation con-
to intervening efforts to prevent, prepare for, Emergency Deficit Control Act of 1985.
tained in this Act shall remain available for ob-
and respond to coronavirus. ligation beyond the current fiscal year unless BUDGETARY EFFECTS
(b) The Secretary of Transportation may pro- expressly so provided herein. SEC. 11009. (a) STATUTORY PAYGO EMER-
vide such individual up to 1 year after receipt of SEC. 11004. Unless otherwise provided for by GENCY DESIGNATION.—The amounts provided
such degree to pass the examination for a mer- this Act, the additional amounts appropriated under division B and each succeeding division
chant marine officer’s license. by this Act to appropriations accounts shall be are designated as an emergency requirement
(c) Nothing in this section shall be construed available under the authorities and conditions pursuant to section 4(g) of the Statutory Pay-
to allow the provision of a license under section applicable to such appropriations accounts for As-You-Go Act of 2010 (2 U.S.C. 933(g)), and the
7101 of title 46, United States Code, to an indi- fiscal year 2020. budgetary effects shall not be entered on either
vidual who has not passed the required exam- SEC. 11005. Each amount designated in this PAYGO scorecard maintained pursuant to sec-
ination. Act by the Congress as being for an emergency tion 4(d) of such Act.
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SEC. 10905. (a) Notwithstanding section requirement pursuant to section 251(b)(2)(A)(i) (b) SENATE PAYGO EMERGENCY DESIGNA-
51506(a)(3) of title 46, United States Code, for of the Balanced Budget and Emergency Deficit TION.—In the Senate, division B and each suc-
fiscal year 2020, the Secretary of Transportation Control Act of 1985 shall be available (or re- ceeding division are designated as an emergency
may allow a State maritime academy to waive a scinded or transferred, if applicable) only if the requirement pursuant to section 4112(a) of H.
condition for graduation for an individual to President subsequently so designates all such Con. Res. 71 (115th Congress), the concurrent
pass the examination required for the issuance amounts and transmits such designations to the resolution on the budget for fiscal year 2018,
of a license under section 7101 of title 46, United Congress. and the budgetary effects shall not be entered
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H2060 CONGRESSIONAL RECORD — HOUSE May 15, 2020
on any PAYGO scorecard maintained for pur- ‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU- acts in good faith in reliance on clause (ii) shall
poses of section 4106 of such concurrent resolu- THORITY.—Any omission of a correct TIN re- not be liable under any Federal or State law,
tion. quired under this subsection shall be treated as regulation, or court or other order to a creditor
(c) CLASSIFICATION OF BUDGETARY EFFECTS.— a mathematical or clerical error for purposes of that initiates an order for any protected
Notwithstanding Rule 3 of the Budget applying section 6213(g)(2) to such omission.’’. amounts, to an account holder for any frozen
Scorekeeping Guidelines set forth in the joint (b) EFFECTIVE DATE.—The amendment made amounts or garnishment order applied.
explanatory statement of the committee of con- by this section shall take effect as if included in ‘‘(D) DEFINITIONS.—For purposes of this para-
ference accompanying Conference Report 105– section 2201 of the CARES Act. graph—
217 and section 250(c)(8) of the Balanced Budget SEC. 20103. 2020 RECOVERY REBATES NOT SUB- ‘‘(i) ACCOUNT HOLDER.—The term ‘account
and Emergency Deficit Control Act of 1985, the JECT TO REDUCTION OR OFFSET holder’ means a natural person against whom a
budgetary effects of division B and each suc- WITH RESPECT TO PAST-DUE SUP- garnishment order is issued and whose name ap-
PORT. pears in a financial institution’s records.
ceeding division shall not be estimated—
(1) shall not be estimated for purposes of sec- (a) IN GENERAL.—Section 2201(d)(2) of the ‘‘(ii) APPLICABLE PAYMENT.—The term ‘appli-
tion 251 of such Act; and CARES Act is amended by inserting ‘‘(c),’’ be- cable payment’ means any payment of credit or
(2) for purposes of paragraph (4)(C) of section fore ‘‘(d)’’. refund by reason of section 6428 of such Code
3 of the Statutory Pay As-You-Go Act of 2010 as (b) EFFECTIVE DATE.—The amendment made (as so added) or by reason of subsection (c) of
being included in an appropriation Act. by this section shall apply to credits and re- this section.
(d) ENSURING NO WITHIN-SESSION SEQUESTRA- funds allowed or made after the date of the en- ‘‘(iii) GARNISHMENT.—The term ‘garnishment’
TION.—Solely for the purpose of calculating a actment of this Act. means execution, levy, attachment, garnish-
breach within a category for fiscal year 2020 SEC. 20104. PROTECTION OF 2020 RECOVERY RE- ment, or other legal process.
pursuant to section 251(a)(6) or section 254(g) of BATES.
‘‘(iv) GARNISHMENT ORDER.—The term ‘gar-
the Balanced Budget and Emergency Deficit (a) IN GENERAL.—Subsection (d) of section nishment order’ means a writ, order, notice,
Control Act of 1985, and notwithstanding any 2201 of the CARES Act, as amended by the pre- summons, judgment, levy, or similar written in-
other provision of this division, the budgetary ceding provisions of this Act, is amended— struction issued by a court, a State or State
effects from this division shall be counted as (1) by redesignating paragraphs (1), (2), and
agency, a municipality or municipal corpora-
amounts designated as being for an emergency (3) as subparagraphs (A), (B), and (C), and by
tion, or a State child support enforcement agen-
requirement pursuant to section 251(b)(2)(A) of moving such subparagraphs 2 ems to the right,
cy, including a lien arising by operation of law
(2) by striking ‘‘REDUCTION OR OFFSET.—Any
such Act. for overdue child support or an order to freeze
credit’’ and inserting ‘‘REDUCTION, OFFSET,
the assets in an account, to effect a garnishment
This division may be cited as the GARNISHMENT, ETC.—
‘‘(1) IN GENERAL.—Any credit’’, and against a debtor.’’.
‘‘Coronavirus Recovery Supplemental Appro- (b) EFFECTIVE DATE.—The amendments made
(3) by adding at the end the following new
priations Act, 2020’’. by this section shall take effect on the date of
paragraphs:
DIVISION B—REVENUE PROVISIONS ‘‘(2) ASSIGNMENT OF BENEFITS.— the enactment of this Act.
SEC. 20001. SHORT TITLE. ‘‘(A) IN GENERAL.—Any applicable payment SEC. 20105. PAYMENTS TO REPRESENTATIVE PAY-
This division may be cited as the ‘‘Worker shall not be subject to transfer, assignment, exe- EES AND FIDUCIARIES.
Health Coverage Protection Act’’. cution, levy, attachment, garnishment, or other (a) IN GENERAL.—Section 6428(f) of the Inter-
TITLE I—ECONOMIC STIMULUS legal process, or the operation of any bank- nal Revenue Code of 1986 is amended by redesig-
ruptcy or insolvency law, to the same extent as nating paragraph (6) as paragraph (7) and by
Subtitle A—2020 Recovery Rebate inserting after paragraph (5) the following new
Improvements payments described in section 207 of the Social
Security Act (42 U.S.C. 407) without regard to paragraph:
SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT ‘‘(6) PAYMENT TO REPRESENTATIVE PAYEES AND
subsection (b) thereof.
IN DETERMINING CREDIT AND RE- FIDUCIARIES.—
‘‘(B) ENCODING OF PAYMENTS.—As soon as
BATES.
practicable after the date of the enactment of ‘‘(A) IN GENERAL.—In the case of any indi-
(a) IN GENERAL.—Section 6428(a)(2) of the In- vidual for which payment information is pro-
this paragraph, the Secretary of the Treasury
ternal Revenue Code of 1986 is amended by vided to the Secretary by the Commissioner of
shall encode applicable payments that are paid
striking ‘‘qualifying children (within the mean- Social Security, the Railroad Retirement Board,
electronically to any account—
ing of section 24(c))’’ and inserting ‘‘dependents ‘‘(i) with a unique identifier that is reason- or the Secretary of Veterans Affairs, the pay-
(as defined in section 152)’’. ably sufficient to allow a financial institution to ment by the Secretary under paragraph (3) with
(b) CONFORMING AMENDMENTS.— respect to such individual may be made to such
(1) Section 6428(g) of such Code is amended by identify the payment as a payment protected
under subparagraph (A), and individual’s representative payee or fiduciary
striking ‘‘qualifying child’’ each place it ap-
‘‘(ii) pursuant to the same specifications as re- and the entire payment shall be—
pears and inserting ‘‘dependent’’.
quired for a benefit payment to which part 212 ‘‘(i) provided to the individual who is entitled
(2) Section 6428(g)(2)(B) of such Code is
of title 31, Code of Federal regulations applies. to the payment, or
amended by striking ‘‘such child’’ and inserting
‘‘(C) GARNISHMENT.— ‘‘(ii) used only for the benefit of the indi-
‘‘such dependent’’. ‘‘(i) ENCODED PAYMENTS.—Upon receipt of a vidual who is entitled to the payment.
(c) EFFECTIVE DATE.—The amendments made
garnishment order that applies to an account ‘‘(B) APPLICATION OF ENFORCEMENT PROVI-
by this section shall take effect as if included in
that has received an applicable payment that is SIONS.—
section 2201 of the CARES Act.
encoded as provided in subparagraph (B), a fi- ‘‘(i) In the case of a payment described in sub-
SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER
nancial institution shall follow the requirements paragraph (A) which is made with respect to a
IDENTIFICATION NUMBERS TAKEN
INTO ACCOUNT IN DETERMINING and procedures set forth in part 212 of title 31, social security beneficiary or a supplemental se-
CREDIT AND REBATES. Code of Federal Regulations. This paragraph curity income recipient, section 1129(a)(3) of the
(a) IN GENERAL.—Section 6428(g) of the Inter- shall not alter the status of payments as tax re- Social Security Act (42 U.S.C. 1320a–8(a)(3))
nal Revenue Code of 1986, as amended by sec- funds or other nonbenefit payments for purpose shall apply to such payment in the same manner
tion 20101 of this Act, is amended to read as fol- of any reclamation rights of the Department of as such section applies to a payment under title
lows: Treasury or the Internal Revenue Service as per II or XVI of such Act.
‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— part 210 of title 31 of the Code of Federal Regu- ‘‘(ii) In the case of a payment described in
‘‘(1) IN GENERAL.—The $1,200 amount in sub- lations. subparagraph (A) which is made with respect to
section (a)(1) shall be treated as being zero un- ‘‘(ii) OTHER PAYMENTS.—If a financial institu- a railroad retirement beneficiary, section 13 of
less the taxpayer includes the TIN of the tax- tion receives a garnishment order (other than an the Railroad Retirement Act (45 U.S.C. 231l)
payer on the return of tax for the taxable year. order that has been served by the United States) shall apply to such payment in the same manner
‘‘(2) JOINT RETURNS.—In the case of a joint re- that applies to an account into which an appli- as such section applies to a payment under such
turn, the $2,400 amount in subsection (a)(1) cable payment that has not been encoded as Act.
shall be treated as being— provided in subparagraph (B) has been depos- ‘‘(iii) In the case of a payment described in
‘‘(A) zero if the TIN of neither spouse is in- ited on any date in the prior 60 days (including subparagraph (A) which is made with respect to
cluded on the return of tax for the taxable year, any date before the date of the enactment of a veterans beneficiary, sections 5502, 6106, and
and this paragraph), the financial institution, upon 6108 of title 38, United States Code, shall apply
‘‘(B) $1,200 if the TIN of only one spouse is so the request of the account holder or for purposes to such payment in the same manner as such
included. of complying in good faith with a State order, sections apply to a payment under such title.’’.
‘‘(3) DEPENDENTS.—A dependent shall not be State law, court order, or interpretation by a (b) EFFECTIVE DATE.—The amendments made
taken into account under subsection (a)(2) un- State Attorney General relating to garnishment by this section shall take effect as if included in
less the TIN of such dependent is included on order, may, but is not required to, treat the section 2201 of the CARES Act.
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the return of tax for the taxable year. amount of the payment as exempt under law SEC. 20106. APPLICATION TO TAXPAYERS WITH
‘‘(4) COORDINATION WITH CERTAIN ADVANCE from garnishment without requiring the account RESPECT TO WHOM ADVANCE PAY-
PAYMENTS.—In the case of any payment made holder to assert any right of garnishment ex- MENT HAS ALREADY BEEN MADE.
pursuant to subsection (f)(5)(B), a TIN shall be emption or requiring the consent of the judg- In the case of any taxpayer with respect to
treated for purposes of this subsection as in- ment creditor. whom refund or credit was made or allowed be-
cluded on the taxpayer’s return of tax if such ‘‘(iii) LIABILITY.—A financial institution that fore the date of the enactment of this Act under
TIN is provided pursuant to such subsection. complies in good faith with clause (i) or that subsection (f) of section 6428 of the Internal
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2061
Revenue Code of 1986 (as added by the CARES pursuant to subsection (g)(5)(A)(ii), a TIN shall income recipient, the Commissioner of Social Se-
Act), such subsection shall be applied separately be treated for purposes of this paragraph as in- curity,
with respect to the excess (if any) of— cluded on the taxpayer’s return of tax if such ‘‘(II) in the case of a specified railroad retire-
(1) the advance refund amount determined TIN is provided pursuant to such subsection. ment beneficiary, the Railroad Retirement
under section 6428(f)(2) of such Code after the ‘‘(f) COORDINATION WITH ADVANCE REFUNDS Board, and
application of the amendments made by this OF CREDIT.— ‘‘(III) in the case of a specified veterans bene-
subtitle, over ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The ficiary, the Secretary of Veterans Affairs (in co-
(2) the amount of such refund or credit so amount of the credit which would (but for this ordination with, and with the assistance of, the
made or allowed. paragraph) be allowable under subsection (a) Commissioner of Social Security if appropriate).
shall be reduced (but not below zero) by the ag- ‘‘(B) SPECIFIED INDIVIDUAL.—For purposes of
Subtitle B—Additional Recovery Rebates to
gregate refunds and credits made or allowed to this paragraph, the term ‘specified individual’
Individuals
the taxpayer (or any dependent of the taxpayer) means any individual who is—
SEC. 20111. ADDITIONAL RECOVERY REBATES TO ‘‘(i) a specified social security beneficiary,
INDIVIDUALS. under subsection (g). Any failure to so reduce
‘‘(ii) a specified supplemental security income
(a) IN GENERAL.—Subchapter B of chapter 65 the credit shall be treated as arising out of a
recipient,
of the Internal Revenue Code of 1986 is amended mathematical or clerical error and assessed ac- ‘‘(iii) a specified railroad retirement bene-
by inserting after section 6428 the following new cording to section 6213(b)(1). ficiary, or
section: ‘‘(2) JOINT RETURNS.—In the case of a refund ‘‘(iv) a specified veterans beneficiary.
or credit made or allowed under subsection (g) ‘‘(C) SPECIFIED SOCIAL SECURITY BENE-
‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO
INDIVIDUALS. with respect to a joint return, half of such re- FICIARY.—For purposes of this paragraph—
‘‘(a) IN GENERAL.—In the case of an eligible fund or credit shall be treated as having been ‘‘(i) IN GENERAL.—The term ‘specified social
individual, there shall be allowed as a credit made or allowed to each individual filing such security beneficiary’ means any individual who,
against the tax imposed by subtitle A for the return. for the last month that ends prior to the date of
‘‘(g) ADVANCE REFUNDS AND CREDITS.— enactment of this section, is entitled to any
first taxable year beginning in 2020 an amount
‘‘(1) IN GENERAL.—Subject to paragraph (5), monthly insurance benefit payable under title II
equal to the additional rebate amount deter-
each individual who was an eligible individual of the Social Security Act (42 U.S.C. 401 et seq.),
mined for such taxable year.
for such individual’s first taxable year begin- including payments made pursuant to sections
‘‘(b) ADDITIONAL REBATE AMOUNT.—For pur-
ning in 2019 shall be treated as having made a 202(d), 223(g), and 223(i)(7) of such Act.
poses of this section, the term ‘additional rebate
payment against the tax imposed by chapter 1 ‘‘(ii) EXCEPTION.—Such term shall not include
amount’ means, with respect to any taxpayer
for such taxable year in an amount equal to the any individual if such benefit is not payable for
for any taxable year, the sum of—
‘‘(1) $1,200 ($2,400 in the case of a joint re- advance refund amount for such taxable year. such month by reason of section 202(x) of the
‘‘(2) ADVANCE REFUND AMOUNT.—For purposes Social Security Act (42 U.S.C. 402(x)) or section
turn), plus
‘‘(2) $1,200 multiplied by the number of de- of paragraph (1), the advance refund amount is 1129A of such Act (42 U.S.C. 1320a–8a).
the amount that would have been allowed as a ‘‘(D) SPECIFIED SUPPLEMENTAL SECURITY IN-
pendents of the taxpayer for such taxable year
credit under this section for such taxable year if COME RECIPIENT.—For purposes of this para-
(not in excess of 3 such dependents).
this section (other than subsection (f) and this graph—
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(i) IN GENERAL.—The term ‘specified supple-
this section, the term ‘eligible individual’ means subsection) had applied to such taxable year.
‘‘(3) TIMING AND MANNER OF PAYMENTS.— mental security income recipient’ means any in-
any individual other than— dividual who, for the last month that ends prior
‘‘(1) any nonresident alien individual, ‘‘(A) TIMING.—The Secretary shall, subject to
the provisions of this title, refund or credit any to the date of enactment of this section, is eligi-
‘‘(2) any individual with respect to whom a
overpayment attributable to this section as rap- ble for a monthly benefit payable under title
deduction under section 151 is allowable to an-
idly as possible. No refund or credit shall be XVI of the Social Security Act (42 U.S.C. 1381 et
other taxpayer for a taxable year beginning in
made or allowed under this subsection after De- seq.) (other than a benefit to an individual de-
the calendar year in which the individual’s tax-
cember 31, 2020. scribed in section 1611(e)(1)(B) of such Act (42
able year begins, and U.S.C. 1382(e)(1)(B)), including—
‘‘(3) an estate or trust. ‘‘(B) DELIVERY OF PAYMENTS.—Notwith-
standing any other provision of law, the Sec- ‘‘(I) payments made pursuant to section
‘‘(d) LIMITATION BASED ON MODIFIED AD- 1614(a)(3)(C) of such Act (42 U.S.C.
JUSTED GROSS INCOME.—The amount of the retary may certify and disburse refunds payable
under this subsection electronically to any ac- 1382c(a)(3)(C)),
credit allowed by subsection (a) (determined ‘‘(II) payments made pursuant to section
without regard to this subsection and subsection count to which the payee authorized, on or
after January 1, 2018, the delivery of a refund of 1619(a) (42 U.S.C. 1382h) or subsections (a)(4),
(f)) shall be reduced (but not below zero) by 5 (a)(7), or (p)(7) of section 1631 (42 U.S.C. 1383)
percent of so much of the taxpayer’s modified taxes under this title or of a Federal payment
(as defined in section 3332 of title 31, United of such Act, and
adjusted gross income as exceeds— ‘‘(III) State supplementary payments of the
‘‘(1) $150,000 in the case of a joint return or a States Code).
type referred to in section 1616(a) of such Act
surviving spouse (as defined in section 2(a)), ‘‘(C) WAIVER OF CERTAIN RULES.—Notwith-
(42 U.S.C. 1382e(a)) (or payments of the type de-
‘‘(2) $112,500 in the case of a head of house- standing section 3325 of title 31, United States
scribed in section 212(a) of Public Law 93–66)
hold (as defined in section 2(b)), and Code, or any other provision of law, with re-
which are paid by the Commissioner under an
‘‘(3) $75,000 in any other case. spect to any payment of a refund under this
agreement referred to in such section 1616(a) (or
‘‘(e) DEFINITIONS AND SPECIAL RULES.— subsection, a disbursing official in the executive
section 212(a) of Public Law 93–66).
‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For branch of the United States Government may
‘‘(ii) EXCEPTION.—Such term shall not include
purposes of this subsection (other than this modify payment information received from an
any individual if such monthly benefit is not
paragraph), the term ‘modified adjusted gross officer or employee described in section
payable for such month by reason of subsection
income’ means adjusted gross income determined 3325(a)(1)(B) of such title for the purpose of fa-
(e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382)
without regard to sections 911, 931, and 933. cilitating the accurate and efficient delivery of
or section 1129A of such Act (42 U.S.C. 1320a–
‘‘(2) DEPENDENT DEFINED.—For purposes of such payment. Except in cases of fraud or reck-
8a).
this section, the term ‘dependent’ has the mean- less neglect, no liability under sections 3325, ‘‘(E) SPECIFIED RAILROAD RETIREMENT BENE-
ing given such term by section 152. 3527, 3528, or 3529 of title 31, United States Code, FICIARY.—For purposes of this paragraph, the
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The shall be imposed with respect to payments made term ‘specified railroad retirement beneficiary’
credit allowed by subsection (a) shall be treated under this subparagraph. means any individual who, for the last month
as allowed by subpart C of part IV of sub- ‘‘(4) NO INTEREST.—No interest shall be al- that ends prior to the date of enactment of this
chapter A of chapter 1. lowed on any overpayment attributable to this section, is entitled to a monthly annuity or pen-
‘‘(4) IDENTIFICATION NUMBER REQUIREMENT.— section. sion payment payable (without regard to section
‘‘(A) IN GENERAL.—The $1,200 amount in sub- ‘‘(5) APPLICATION TO INDIVIDUALS WHO DO NOT
5(a)(ii) of the Railroad Retirement Act of 1974
section (b)(1) shall be treated as being zero un- FILE A RETURN OF TAX FOR 2019.—
(45 U.S.C. 231d(a)(ii))) under—
less the taxpayer includes the TIN of the tax- ‘‘(A) IN GENERAL.—In the case of an indi- ‘‘(i) section 2(a)(1) of such Act (45 U.S.C.
payer on the return of tax for the taxable year. vidual who, at the time of any determination 231a(a)(1)),
‘‘(B) JOINT RETURNS.—In the case of a joint made pursuant to paragraph (3), has not filed a ‘‘(ii) section 2(c) of such Act (45 U.S.C.
return, the $2,400 amount in subsection (b)(1) tax return for the year described in paragraph 231a(c)),
shall be treated as being— (1), the Secretary shall— ‘‘(iii) section 2(d)(1) of such Act (45 U.S.C.
‘‘(i) zero if the TIN of neither spouse is in- ‘‘(i) apply paragraph (1) by substituting ‘2018’ 231a(d)(1)), or
cluded on the return of tax for the taxable year, for ‘2019’, and ‘‘(iv) section 7(b)(2) of such Act (45 U.S.C.
and ‘‘(ii) in the case of a specified individual who 231f(b)(2)) with respect to any of the benefit
‘‘(ii) $1,200 if the TIN of only one spouse is so has not filed a tax return for such individual’s payments described in subparagraph (C)(i).
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included. first taxable year beginning in 2018, determine ‘‘(F) SPECIFIED VETERANS BENEFICIARY.—For
‘‘(C) DEPENDENTS.—A dependent shall not be the advance refund amount with respect to such purposes of this paragraph—
taken into account under subsection (b)(2) un- individual without regard to subsections (d) and ‘‘(i) IN GENERAL.—The term ‘specified veterans
less the TIN of such dependent is included on on the basis of information with respect to such beneficiary’ means any individual who, for the
the return of tax for the taxable year. individual which is provided by— last month that ends prior to the date of enact-
‘‘(D) COORDINATION WITH CERTAIN ADVANCE ‘‘(I) in the case of a specified social security ment of this section, is entitled to a compensa-
PAYMENTS.—In the case of any payment made beneficiary or a specified supplemental security tion or pension payment payable under—
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H2062 CONGRESSIONAL RECORD — HOUSE May 15, 2020
‘‘(I) section 1110, 1117, 1121, 1131, 1141, or 1151 ‘‘(2) regulations or other guidance providing tion) or by reason of subsection (b) of this sec-
of title 38, United States Code, for the proper treatment of joint returns and tion shall not be—
‘‘(II) section 1310, 1312, 1313, 1315, 1316, or taxpayers with dependents to ensure that an in- (A) subject to reduction or offset pursuant to
1318 of title 38, United States Code, dividual is not taken into account more than section 3716 or 3720A of title 31, United States
‘‘(III) section 1513, 1521, 1533, 1536, 1537, 1541, once in determining the amount of any credit Code,
1542, or 1562 of title 38, United States Code, or under subsection (a) and any credit or refund (B) subject to reduction or offset pursuant to
‘‘(IV) section 1805, 1815, or 1821 of title 38, under subsection (g). subsection (c), (d), (e), or (f) of section 6402 of
United States Code, ‘‘(i) OUTREACH.—The Secretary shall carry the Internal Revenue Code of 1986, or
to a veteran, surviving spouse, child, or parent out a robust and comprehensive outreach pro- (C) reduced or offset by other assessed Federal
as described in paragraph (2), (3), (4)(A)(ii), or gram to ensure that all taxpayers described in taxes that would otherwise be subject to levy or
(5) of section 101, title 38, United States Code. subsection (h)(1) learn of their eligibility for the collection.
‘‘(ii) EXCEPTION.—Such term shall not include advance refunds and credits under subsection (4) ASSIGNMENT OF BENEFITS.—
any individual if such compensation or pension (A) IN GENERAL.—Any applicable payment
(g); are advised of the opportunity to receive
payment is not payable, or was reduced, for shall not be subject to transfer, assignment, exe-
such advance refunds and credits as provided
such month by reason of section 1505, 5313, or cution, levy, attachment, garnishment, or other
under subsection (h)(1); and are provided assist-
5313B of title 38, United States Code. legal process, or the operation of any bank-
ance in applying for such advance refunds and
‘‘(G) SUBSEQUENT DETERMINATIONS AND REDE- ruptcy or insolvency law, to the same extent as
credits. In conducting such outreach program,
TERMINATIONS NOT TAKEN INTO ACCOUNT.—For payments described in section 207 of the Social
the Secretary shall coordinate with other gov-
purposes of this section, any individual’s status Security Act (42 U.S.C. 407) without regard to
ernment, State, and local agencies; federal part-
as a specified social security beneficiary, a spec- subsection (b) thereof.
ners; and community-based nonprofit organiza- (B) ENCODING OF PAYMENTS.—As soon as
ified supplemental security income recipient, a tions that regularly interface with such tax-
specified railroad retirement beneficiary, or a practicable after the date of the enactment of
payers.’’. the paragraph, the Secretary of the Treasury
specified veterans beneficiary shall be unaf- (b) TREATMENT OF CERTAIN POSSESSIONS.—
fected by any determination or redetermination shall encode applicable payments that are paid
(1) PAYMENTS TO POSSESSIONS WITH MIRROR
of any entitlement to, or eligibility for, any ben- electronically to any account—
CODE TAX SYSTEMS.—The Secretary of the Treas-
(i) with a unique identifier that is reasonably
efit, payment, or compensation, if such deter- ury shall pay to each possession of the United
sufficient to allow a financial institution to
mination or redetermination occurs after the States which has a mirror code tax system
identify the payment as a payment protected
last month that ends prior to the date of enact- amounts equal to the loss (if any) to that posses-
under subparagraph (A), and
ment of this section. sion by reason of the amendments made by this (ii) pursuant to the same specifications as re-
‘‘(H) PAYMENT TO REPRESENTATIVE PAYEES section. Such amounts shall be determined by quired for a benefit payment to which part 212
AND FIDUCIARIES.— the Secretary of the Treasury based on informa- of title 31, Code of Federal regulations applies.
‘‘(i) IN GENERAL.—If the benefit, payment, or tion provided by the government of the respec- (C) GARNISHMENT.—
compensation referred to in subparagraph tive possession. (i) ENCODED PAYMENTS.—Upon receipt of a
(C)(i), (D)(i), (E), or (F)(i) with respect to any (2) PAYMENTS TO OTHER POSSESSIONS.—The garnishment order that applies to an account
specified individual is paid to a representative Secretary of the Treasury shall pay to each pos- that has received an applicable payment that is
payee or fiduciary, payment by the Secretary session of the United States which does not have encoded as provided in subparagraph (B), a fi-
under paragraph (3) with respect to such speci- a mirror code tax system amounts estimated by nancial institution shall follow the requirements
fied individual shall be made to such individ- the Secretary of the Treasury as being equal to and procedures set forth in part 212 of title 31,
ual’s representative payee or fiduciary and the the aggregate benefits (if any) that would have Code of Federal Regulations. This paragraph
entire payment shall be used only for the benefit been provided to residents of such possession by shall not alter the status of payments as tax re-
of the individual who is entitled to the payment. reason of the amendments made by this section funds or other nonbenefit payments for purpose
‘‘(ii) APPLICATION OF ENFORCEMENT PROVI- if a mirror code tax system had been in effect in of any reclamation rights of the Department of
SIONS.— such possession. The preceding sentence shall Treasury or the Internal Revenue Serves as per
‘‘(I) In the case of a payment described in not apply unless the respective possession has a part 210 of title 31 of the Code of Federal Regu-
clause (i) which is made with respect to a speci- plan, which has been approved by the Secretary lations.
fied social security beneficiary or a specified of the Treasury, under which such possession (ii) OTHER PAYMENTS.—If a financial institu-
supplemental security income recipient, section will promptly distribute such payments to its tion receives a garnishment order (other than an
1129(a)(3) of the Social Security Act (42 U.S.C. residents. order that has been served by the United States)
1320a–8(a)(3)) shall apply to such payment in (3) COORDINATION WITH CREDIT ALLOWED that applies to an account into which an appli-
the same manner as such section applies to a AGAINST UNITED STATES INCOME TAXES.—No cable payment that has not been encoded as
payment under title II or XVI of such Act. credit shall be allowed against United States in- provided in subparagraph (B) has been depos-
‘‘(II) In the case of a payment described in come taxes under section 6428A of the Internal ited on any date in the prior 60 days (including
clause (i) which is made with respect to a speci- Revenue Code of 1986 (as added by this section), any date before the date of the enactment of
fied railroad retirement beneficiary, section 13 of nor shall any credit or refund be made or al- this paragraph), the financial institution, upon
the Railroad Retirement Act (45 U.S.C. 231l) lowed under subsection (g) of such section, to the request of the account holder or for purposes
shall apply to such payment in the same manner any person— of complying in good faith with a State order,
as such section applies to a payment under such (A) to whom a credit is allowed against taxes State law, court order, or interpretation by a
Act. imposed by the possession by reason of the State Attorney General relating to garnishment
‘‘(III) In the case of a payment described in amendments made by this section, or order, may, but is not required to, treat the
clause (i) which is made with respect to a speci- (B) who is eligible for a payment under a plan amount of the payment as exempt under law
fied veterans beneficiary, sections 5502, 6106, described in paragraph (2). from garnishment without requiring the account
and 6108 of title 38, United States Code, shall (4) MIRROR CODE TAX SYSTEM.—For purposes holder to assert any right of garnishment ex-
apply to such payment in the same manner as of this subsection, the term ‘‘mirror code tax sys- emption or requiring the consent of the judg-
such sections apply to a payment under such tem’’ means, with respect to any possession of ment creditor.
title. the United States, the income tax system of such (iii) LIABILITY.—A financial institution that
‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 possession if the income tax liability of the resi- complies in good faith with clause (i) or that
days after the date on which the Secretary dis- dents of such possession under such system is acts in good faith in reliance on clause (ii) shall
tributed any payment to an eligible taxpayer determined by reference to the income tax laws not be liable under any Federal or State law,
pursuant to this subsection, notice shall be sent of the United States as if such possession were regulation, or court or other order to a creditor
by mail to such taxpayer’s last known address. the United States. that initiates an order for any protected
Such notice shall indicate the method by which (c) ADMINISTRATIVE PROVISIONS.— amounts, to an account holder for any frozen
such payment was made, the amount of such (1) DEFINITION OF DEFICIENCY.—Section amounts or garnishment order applied.
payment, and a phone number for the appro- 6211(b)(4)(A) of the Internal Revenue Code of (D) DEFINITIONS.—For purposes of this para-
priate point of contact at the Internal Revenue 1986 is amended by striking ‘‘and 6428’’ and in- graph—
Service to report any error with respect to such serting ‘‘6428, and 6428A’’. (i) ACCOUNT HOLDER.—The term ‘‘account
payment. (2) MATHEMATICAL OR CLERICAL ERROR AU- holder’’ means a natural person against whom a
‘‘(h) REGULATIONS.—The Secretary shall pre- THORITY.—Section 6213(g)(2) of such Code is garnishment order is issued and whose name ap-
scribe such regulations or other guidance as amended— pears in a financial institution’s records.
may be necessary or appropriate to carry out (A) by inserting ‘‘or section 6428A (relating to (ii) APPLICABLE PAYMENT.—The term ‘‘appli-
the purposes of this section, including— additional recovery rebates to individuals)’’ be- cable payment’’ means any payment of credit or
‘‘(1) regulations or other guidance providing fore the comma at the end of subparagraph (H), refund by reason of section 6428 of such Code
dlhill on DSK120RN23PROD with HOUSE
taxpayers the opportunity to provide the Sec- and (as so added) or by reason of subsection (c) of
retary information sufficient to allow the Sec- (B) by striking ‘‘or 6428’’ in subparagraph (L) this section.
retary to make payments to such taxpayers and inserting ‘‘6428, or 6428A’’. (iii) GARNISHMENT.—The term ‘‘garnishment’’
under subsection (g) (including the determina- (3) EXCEPTION FROM REDUCTION OR OFFSET.— means execution, levy, attachment, garnish-
tion of the amount of such payment) if such in- Any credit or refund allowed or made to any in- ment, or other legal process.
formation is not otherwise available to the Sec- dividual by reason of section 6428A of the Inter- (iv) GARNISHMENT ORDER.—The term ‘‘gar-
retary, and nal Revenue Code of 1986 (as added by this sec- nishment order’’ means a writ, order, notice,
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2063
summons, judgment, levy, or similar written in- and beginning before December 31, 2020, on Fri- sentence which are also used in section 480(d)(1)
struction issued by a court, a State or State day of such week, not later than 3 p.m. Eastern of the Higher Education Act of 1965 shall have
agency, a municipality or municipal corpora- Time, the Secretary of the Treasury shall pro- the same meaning as when used in such section,
tion, or a State child support enforcement agen- vide a written report to the Committee on Ways and
cy, including a lien arising by operation of law and Means of the House of Representatives and ‘‘(ii) provides (in such manner as the Sec-
for overdue child support or an order to freeze the Committee on Finance of the Senate. Such retary may provide) consent for local edu-
the assets in an account, to effect a garnishment report shall include the following information cational agencies and financial aid administra-
against a debtor. with respect to payments made pursuant to each tors to disclose to the Secretary information re-
(5) TREATMENT OF CREDIT AND ADVANCE PAY- of sections 6428 and 6428A of the Internal Rev- lated to the status of such individual as a quali-
MENTS.—For purposes of section 1324 of title 31, enue Code of 1986: fied homeless youth.
United States Code, any credit under section (1) The number of scheduled payments sent to ‘‘(2) INCREASE IN MAXIMUM AGE FOR CREDIT.—
6428A(a) of the Internal Revenue Code of 1986, the Bureau of Fiscal Service for payment by di- Subsection (c)(1)(A)(ii)(II) shall be applied by
any credit or refund under section 6428A(g) of rect deposit or paper check for the following substituting ‘age 66’ for ‘age 65’.
such Code, and any payment under subsection week (stated separately for direct deposit and ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
(b) of this section, shall be treated in the same paper check). CENTAGES.—The table contained in subsection
manner as a refund due from a credit provision (2) The total dollar amount of the scheduled (b)(1) shall be applied by substituting ‘15.3’ for
referred to in subsection (b)(2) of such section payments described in paragraph (1). ‘7.65’ each place it appears therein.
1324. (3) The number of direct deposit payments re- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE-
(6) AGENCY INFORMATION SHARING AND ASSIST- turned to the Department of the Treasury and OUT AMOUNTS.—
ANCE.—The Commissioner of Social Security, the ‘‘(A) IN GENERAL.—The table contained in
the total dollar value of such payments, for the
Railroad Retirement Board, and the Secretary subsection (b)(2)(A) shall be applied—
week ending on the day prior to the day on ‘‘(i) by substituting ‘$9,720’ for ‘$4,220’, and
of Veterans Affairs shall each provide the Sec- which the report is provided. ‘‘(ii) by substituting ‘$11,490’ for ‘$5,280’.
retary of the Treasury (or the Secretary’s dele- (4) The total number of letters related to pay- ‘‘(B) COORDINATION WITH INFLATION ADJUST-
gate) such information and assistance as the ments under section 6428 or 6428A of such Code MENT.—Subsection (j) shall not apply to any
Secretary of the Treasury (or the Secretary’s mailed to taxpayers during the week ending on dollar amount specified in this paragraph.’’.
delegate) may require for purposes of making the day prior to the day on which the report is (b) INFORMATION RETURN MATCHING.—As
payments under section 6428A(g) of the Internal provided. soon as practicable, the Secretary of the Treas-
Revenue Code of 1986 to individuals described in Subtitle C—Earned Income Tax Credit ury (or the Secretary’s delegate) shall develop
paragraph (5)(A)(ii) thereof. and implement procedures to use information re-
(7) CLERICAL AMENDMENT.—The table of sec- SEC. 20121. STRENGTHENING THE EARNED IN-
COME TAX CREDIT FOR INDIVIDUALS turns under section 6050S (relating to returns re-
tions for subchapter B of chapter 65 of the In- WITH NO QUALIFYING CHILDREN. lating to higher education tuition and related
ternal Revenue Code of 1986 is amended by in- expenses) to check the status of individuals as
(a) SPECIAL RULES FOR 2020.—Section 32 of
serting after the item relating to section 6428 the full-time students for purposes of section
the Internal Revenue Code of 1986 is amended
following new item: 32(n)(1)(B)(ii) of the Internal Revenue Code of
by adding at the end the following new sub-
‘‘Sec. 6428A. Additional recovery rebates to in- section: 1986 (as added by this section).
dividuals.’’. ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- (c) EFFECTIVE DATE.—The amendment made
(d) APPROPRIATIONS TO CARRY OUT THIS SEC- OUT QUALIFYING CHILDREN.—In the case of any by this section shall apply to taxable years be-
TION.— ginning after December 31, 2019.
taxable year beginning after December 31, 2019,
(1) IN GENERAL.—Immediately upon the enact- SEC. 20122. TAXPAYER ELIGIBLE FOR CHILDLESS
and before January 1, 2021—
ment of this Act, the following sums are appro- EARNED INCOME CREDIT IN CASE OF
‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.—
priated, out of any money in the Treasury not QUALIFYING CHILDREN WHO FAIL
‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II) TO MEET CERTAIN IDENTIFICATION
otherwise appropriated, for the fiscal year end-
shall be applied by substituting ‘the applicable REQUIREMENTS.
ing September 30, 2020—
minimum age’ for ‘age 25’. (a) IN GENERAL.—Section 32(c)(1) of the Inter-
(A) SOCIAL SECURITY ADMINISTRATION.—For
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- nal Revenue Code of 1986 is amended by striking
an additional amount for ‘‘Social Security Ad-
poses of this paragraph, the term ‘applicable subparagraph (F).
ministration—Limitation on Administrative Ex-
minimum age’ means— (b) EFFECTIVE DATE.—The amendment made
penses’’, $40,500,000, to remain available until
‘‘(i) except as otherwise provided in this sub- by this section shall apply to taxable years be-
September 30, 2021: Provided, that $2,500,000, to
paragraph, age 19, ginning after the date of the enactment of this
remain available until September 30, 2024, shall
‘‘(ii) in the case of a full-time student (other Act.
be transferred to ‘‘Social Security Administra-
than a qualified former foster youth or a quali- SEC. 20123. CREDIT ALLOWED IN CASE OF CER-
tion—Office of Inspector General’’ for necessary
fied homeless youth), age 25, and TAIN SEPARATED SPOUSES.
expenses in carrying out the provisions of the
‘‘(iii) in the case of a qualified former foster (a) IN GENERAL.—Section 32(d) of the Internal
Inspector General Act of 1978.
(B) RAILROAD RETIREMENT BOARD.—For an youth or a qualified homeless youth, age 18. Revenue Code of 1986 is amended—
additional amount for ‘‘Railroad Retirement ‘‘(C) FULL-TIME STUDENT.—For purposes of (1) by striking ‘‘MARRIED INDIVIDUALS.—In
Board—Limitation on Administration’’, $8,300, this paragraph, the term ‘full-time student’ the case of’’ and inserting the following: ‘‘MAR-
to remain available until September 30, 2021. means, with respect to any taxable year, an in- RIED INDIVIDUALS.—
(2) REPORTS.—Beginning 90 days after enact- dividual who is an eligible student (as defined ‘‘(1) IN GENERAL.—In the case of’’, and
ment of this Act, the Secretary of the Treasury in section 25A(b)(3)) during at least 5 calendar (2) by adding at the end the following new
shall submit a quarterly report to the Commit- months during the taxable year. paragraph:
‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For ‘‘(2) DETERMINATION OF MARITAL STATUS.—
tees on Appropriations of the House of Rep-
purposes of this paragraph, the term ‘qualified For purposes of this section—
resentatives and the Senate detailing the actual ‘‘(A) IN GENERAL.—Except as provided in sub-
expenditure of Internal Revenue Service funds former foster youth’ means an individual who—
‘‘(i) on or after the date that such individual paragraph (B), marital status shall be deter-
in this Act, and the expected expenditure of mined under section 7703(a).
such funds in the subsequent quarter. attained age 14, was in foster care provided
under the supervision or administration of a ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.—
(e) CERTAIN REQUIREMENTS RELATED TO RE- An individual shall not be treated as married if
COVERY REBATES AND ADDITIONAL RECOVERY State or tribal agency administering (or eligible
to administer) a plan under part B or part E of such individual—
REBATES.— ‘‘(i) is married (as determined under section
(1) SIGNATURES ON CHECKS AND NOTICES, ETC., the Social Security Act (without regard to
7703(a)) and does not file a joint return for the
BY THE DEPARTMENT OF THE TREASURY.—Any whether Federal assistance was provided with
taxable year,
check issued to an individual by the Department respect to such child under such part E), and ‘‘(ii) lives with a qualifying child of the indi-
of the Treasury pursuant to section 6428 or ‘‘(ii) provides (in such manner as the Sec- vidual for more than one-half of such taxable
6428A of the Internal Revenue Code of 1986, and retary may provide) consent for State and tribal year, and
any notice issued pursuant to section 6428(f)(6) agencies which administer a plan under part B ‘‘(iii)(I) during the last 6 months of such tax-
or section 6428A(g)(6) of such Code, may not be or part E of the Social Security Act to disclose able year, does not have the same principal
signed by or otherwise bear the name, signature, to the Secretary information related to the sta- place of abode as the individual’s spouse, or
image or likeness of the President, the Vice tus of such individual as a qualified former fos- ‘‘(II) has a decree, instrument, or agreement
President or any elected official or cabinet level ter youth. (other than a decree of divorce) described in sec-
officer of the United States, or any individual ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- tion 121(d)(3)(C) with respect to the individual’s
who, with respect to any of the aforementioned poses of this paragraph, the term ‘qualified spouse and is not a member of the same house-
individuals, bears any relationship described in homeless youth’ means, with respect to any tax- hold with the individual’s spouse by the end of
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subparagraphs (A) through (G) of section able year, an individual who— the taxable year.’’.
152(d)(2) of the Internal Revenue Code of 1986. ‘‘(i) is certified by a local educational agency (b) CONFORMING AMENDMENTS.—
(2) EFFECTIVE DATE.—Paragraph (1) shall or a financial aid administrator during such (1) Section 32(c)(1)(A) of such Code is amend-
apply to checks and notices issued after the date taxable year as being either an unaccompanied ed by striking the last sentence.
of the enactment of this Act. youth who is a homeless child or youth, or as (2) Section 32(c)(1)(E)(ii) of such Code is
(f) REPORTS TO CONGRESS.—Each week begin- unaccompanied, at risk of homelessness, and amended by striking ‘‘(within the meaning of
ning after the date of the enactment of this Act self-supporting. Terms used in the preceding section 7703)’’.
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H2064 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(3) Section 32(d)(1) of such Code, as amended ‘‘(II) $200,000,000. turn preparers relating to such earned income
by subsection (a), is amended by striking ‘‘(ii) INFLATION ADJUSTMENT.—In the case of tax credit, or
‘‘(within the meaning of section 7703)’’. any calendar year after 2021, the term ‘base ‘‘(ii) $50,000.
(c) EFFECTIVE DATE.—The amendments made amount’ means the dollar amount determined ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
by this section shall apply to taxable years be- under clause (i) increased by an amount equal similar to the rules of subparagraphs (A), (B),
ginning after the date of the enactment of this to— (C), and (D) of subsection (a)(4) shall apply for
Act. ‘‘(I) such dollar amount, multiplied by— purposes of this subsection.
SEC. 20124. ELIMINATION OF DISQUALIFIED IN- ‘‘(II) the cost-of-living adjustment determined ‘‘(c) AMERICAN SAMOA.—
VESTMENT INCOME TEST. under section 1(f)(3) for such calendar year, de- ‘‘(1) IN GENERAL.—With respect to calendar
(a) IN GENERAL.—Section 32 of the Internal termined by substituting ‘calendar year 2020’ for year 2020 and each calendar year thereafter, the
Revenue Code of 1986 is amended by striking ‘calendar year 2016’ in subparagraph (A)(ii) Secretary shall, except as otherwise provided in
subsection (i). thereof. this subsection, make payments to American
(b) CONFORMING AMENDMENTS.— Any amount determined under this clause shall Samoa equal to—
(1) Section 32(j)(1) of such Code is amended by be rounded to the nearest multiple of $1,000,000. ‘‘(A) the lesser of—
striking ‘‘subsections (b)(2) and (i)(1)’’ and in- ‘‘(4) RULES RELATED TO PAYMENTS AND RE- ‘‘(i) 75 percent of the cost to American Samoa
serting ‘‘subsection (b)(2)’’. PORTS.— of the earned income tax credit for taxable years
(2) Section 32(j)(1)(B)(i) of such Code is ‘‘(A) TIMING OF PAYMENTS.—The Secretary beginning in or with such calendar year, or
amended by striking ‘‘subsections (b)(2)(A) and shall make payments under paragraph (1) for ‘‘(ii) $12,000,000, plus
(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’. any calendar year— ‘‘(B) in the case of calendar years 2020
(3) Section 32(j)(2) of such Code is amended— ‘‘(i) after receipt of the report described in through 2024, the lesser of—
(A) by striking subparagraph (B), and subparagraph (B) for such calendar year, and ‘‘(i) the expenditures made by American
(B) by striking ‘‘ROUNDING.—’’ and all that ‘‘(ii) except as provided in clause (i), within a Samoa during such calendar year for education
follows through ‘‘If any dollar amount’’ and in- reasonable period of time before the due date for efforts with respect to individual taxpayers and
serting the following: ‘‘ROUNDING.—If any dol- individual income tax returns (as determined tax return preparers relating to such earned in-
lar amount’’. under the laws of Puerto Rico) for taxable years come tax credit, or
(c) EFFECTIVE DATE.—The amendments made which began on the first day of such calendar ‘‘(ii) $50,000.
by this section shall apply to taxable years be- year. ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN
ginning after the date of the enactment of this ‘‘(B) ANNUAL REPORTS.—With respect to cal- EARNED INCOME TAX CREDIT.—The Secretary
Act. endar year 2021 and each calendar year there- shall not make any payments under paragraph
SEC. 20125. APPLICATION OF EARNED INCOME after, Puerto Rico shall provide to the Secretary (1) with respect to any calendar year unless
TAX CREDIT IN POSSESSIONS OF a report which shall include— American Samoa has in effect an earned income
THE UNITED STATES. tax credit for taxable years beginning in or with
‘‘(i) an estimate of the costs described in para-
(a) IN GENERAL.—Chapter 77 of the Internal graphs (1)(B)(i) and (3)(A)(i)(I) with respect to such calendar year which allows a refundable
Revenue Code of 1986 is amended by adding at such calendar year, and tax credit to individuals on the basis of the tax-
the end the following new section: ‘‘(ii) a statement of such costs with respect to payer’s earned income which is designed to sub-
‘‘SEC. 7530. APPLICATION OF EARNED INCOME the preceding calendar year. stantially increase workforce participation.
TAX CREDIT TO POSSESSIONS OF ‘‘(C) ADJUSTMENTS.— ‘‘(3) INFLATION ADJUSTMENT.—In the case of
THE UNITED STATES.
‘‘(i) IN GENERAL.—In the event that any esti- any calendar year after 2020, the $12,000,000
‘‘(a) PUERTO RICO.— mate of an amount is more or less than the ac- amount in paragraph (1)(A)(ii) shall be in-
‘‘(1) IN GENERAL.—With respect to calendar tual amount as later determined and any pay- creased by an amount equal to—
year 2021 and each calendar year thereafter, the ment under paragraph (1) was determined on ‘‘(A) such dollar amount, multiplied by—
Secretary shall, except as otherwise provided in the basis of such estimate, proper payment shall ‘‘(B) the cost-of-living adjustment determined
this subsection, make payments to Puerto Rico be made by, or to, the Secretary (as the case under section 1(f)(3) for such calendar year, de-
equal to— may be) as soon as practicable after the deter- termined by substituting ‘calendar year 2019’ for
‘‘(A) the specified matching amount for such ‘calendar year 2016’ in subparagraph (A)(ii)
mination that such estimate was inaccurate.
calendar year, plus thereof.
Proper adjustment shall be made in the amount
‘‘(B) in the case of calendar years 2021
of any subsequent payments made under para- Any increase determined under this clause shall
through 2025, the lesser of—
graph (1) to the extent that proper payment is be rounded to the nearest multiple of $100,000.
‘‘(i) the expenditures made by Puerto Rico
not made under the preceding sentence before ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules
during such calendar year for education efforts
such subsequent payments. similar to the rules of subparagraphs (A), (B),
with respect to individual taxpayers and tax re-
‘‘(ii) ADDITIONAL REPORTS.—The Secretary (C), and (D) of subsection (a)(4) shall apply for
turn preparers relating to the earned income tax
may require such additional periodic reports of purposes of this subsection.
credit, or ‘‘(d) TREATMENT OF PAYMENTS.—For purposes
‘‘(ii) $1,000,000. the information described in subparagraph (B)
as the Secretary determines appropriate to fa- of section 1324 of title 31, United States Code,
‘‘(2) REQUIREMENT TO REFORM EARNED INCOME
cilitate timely adjustments under clause (i). the payments under this section shall be treated
TAX CREDIT.—The Secretary shall not make any
‘‘(D) DETERMINATION OF COST OF EARNED IN- in the same manner as a refund due from a
payments under paragraph (1) with respect to
COME TAX CREDIT.—For purposes of this sub- credit provision referred to in subsection (b)(2)
any calendar year unless Puerto Rico has in ef-
section, the cost to Puerto Rico of the earned in- of such section.’’.
fect an earned income tax credit for taxable
come tax credit shall be determined by the Sec- (b) CLERICAL AMENDMENT.—The table of sec-
years beginning in or with such calendar year
retary on the basis of the laws of Puerto Rico tions for chapter 77 of the Internal Revenue
which (relative to the earned income tax credit
and shall include reductions in revenues re- Code of 1986 is amended by adding at the end
which was in effect for taxable years beginning
ceived by Puerto Rico by reason of such credit the following new item:
in or with calendar year 2019) increases the per-
centage of earned income which is allowed as a and refunds attributable to such credit, but ‘‘Sec. 7529. Application of earned income tax
credit for each group of individuals with respect shall not include any administrative costs with credit to possessions of the United
to which such percentage is separately stated or respect to such credit. States.’’.
determined in a manner designed to substan- ‘‘(E) PREVENTION OF MANIPULATION OF BASE SEC. 20126. TEMPORARY SPECIAL RULE FOR DE-
AMOUNT.—No payments shall be made under TERMINING EARNED INCOME FOR
tially increase workforce participation.
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- paragraph (1) if the earned income tax credit as PURPOSES OF EARNED INCOME TAX
in effect in Puerto Rico for taxable years begin- CREDIT.
poses of this subsection—
‘‘(A) IN GENERAL.—The term ‘specified match- ning in or with calendar year 2019 is modified (a) IN GENERAL.—If the earned income of the
ing amount’ means, with respect to any cal- after the date of the enactment of this sub- taxpayer for the taxpayer’s first taxable year
endar year, the lesser of— section. beginning in 2020 is less than the earned income
‘‘(i) the excess (if any) of— ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX of the taxpayer for the preceding taxable year,
‘‘(I) the cost to Puerto Rico of the earned in- SYSTEMS.— the credit allowed under section 32 of the Inter-
come tax credit for taxable years beginning in or ‘‘(1) IN GENERAL.—With respect to calendar nal Revenue Code of 1986 may, at the election of
with such calendar year, over year 2020 and each calendar year thereafter, the the taxpayer, be determined by substituting-—
‘‘(II) the base amount for such calendar year, Secretary shall, except as otherwise provided in (1) such earned income for the preceding tax-
or this subsection, make payments to the Virgin Is- able year, for
‘‘(ii) the product of 3, multiplied by the base lands, Guam, and the Commonwealth of the (2) such earned income for the taxpayer’s first
amount for such calendar year. Northern Mariana Islands equal to— taxable year beginning in 2020.
‘‘(B) BASE AMOUNT.— ‘‘(A) 75 percent of the cost to such possession (b) EARNED INCOME.—
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‘‘(i) BASE AMOUNT FOR 2020.—In the case of of the earned income tax credit for taxable years (1) IN GENERAL.—For purposes of this section,
calendar year 2020, the term ‘base amount’ beginning in or with such calendar year, plus the term ‘‘earned income’’ has the meaning
means the greater of— ‘‘(B) in the case of calendar years 2020 given such term under section 32(c) of the Inter-
‘‘(I) the cost to Puerto Rico of the earned in- through 2024, the lesser of— nal Revenue Code of 1986.
come tax credit for taxable years beginning in or ‘‘(i) the expenditures made by such possession (2) APPLICATION TO JOINT RETURNS.—For pur-
with calendar year 2019 (rounded to the nearest during such calendar year for education efforts poses of subsection (a), in the case of a joint re-
multiple of $1,000,000), or with respect to individual taxpayers and tax re- turn, the earned income of the taxpayer for the
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2065
preceding taxable year shall be the sum of the section (i)(3)(A))’ for ‘described in subsection subsection) with respect to taxable years begin-
earned income of each spouse for such preceding (c)’ in subsection (h)(4)(A).’’. ning after 2019. Such amounts shall be deter-
taxable year. (b) ADVANCE PAYMENT OF CREDIT.— mined by the Secretary based on information
(c) SPECIAL RULES.— (1) IN GENERAL.—Chapter 77 of such Code is provided by the government of the respective
(1) ERRORS TREATED AS MATHEMATICAL amended by inserting after section 7527 the fol- possession.
ERROR.—For purposes of section 6213 of the In- lowing new section: ‘‘(B) COORDINATION WITH CREDIT ALLOWED
ternal Revenue Code of 1986, an incorrect use on ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX AGAINST UNITED STATES INCOME TAXES.—No
a return of earned income pursuant to sub- CREDIT. credit shall be allowed under this section for
section (a) shall be treated as a mathematical or ‘‘(a) IN GENERAL.—As soon as practicable any taxable year to any individual to whom a
clerical error. after the date of the enactment of this Act, the credit is allowable against taxes imposed by a
(2) NO EFFECT ON DETERMINATION OF GROSS Secretary shall establish a program for making possession with a mirror code tax system by rea-
INCOME, ETC.—Except as otherwise provided in advance payments of the credit allowed under son of the application of this section in such
this subsection, the Internal Revenue Code of subsection (a) of section 24 on a monthly basis possession for such taxable year.
1986 shall be applied without regard to any sub- (determined without regard to subsection (i)(4)) ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
stitution under subsection (a). of such section), or as frequently as the Sec- poses of this paragraph, the term ‘mirror code
(d) TREATMENT OF CERTAIN POSSESSIONS.— retary determines to be administratively feasible, tax system’ means, with respect to any posses-
(1) PAYMENTS TO POSSESSIONS WITH MIRROR to taxpayers determined to be eligible for ad- sion of the United States, the income tax system
CODE TAX SYSTEMS.—The Secretary of the Treas- vance payment of such credit. of such possession if the income tax liability of
ury shall pay to each possession of the United ‘‘(b) LIMITATION.— the residents of such possession under such sys-
States which has a mirror code tax system ‘‘(1) IN GENERAL.—The Secretary may make tem is determined by reference to the income tax
amounts equal to the loss (if any) to that posses- payments under subsection (a) only to the ex- laws of the United States as if such possession
sion by reason of the application of the provi- tent that the total amount of such payments were the United States.
sions of this section (other than this subsection) made to any taxpayer during the taxable year ‘‘(2) PUERTO RICO.—In the case of any bona
with respect to section 32 of the Internal Rev- does not exceed an amount equal to the excess, fide resident of Puerto Rico (within the meaning
enue Code of 1986. Such amounts shall be deter- if any, of— of section 937(a))—
mined by the Secretary of the Treasury based on ‘‘(A) subject to paragraph (2), the amount de- ‘‘(A) the credit determined under this section
information provided by the government of the termined under subsection (a) of section 24 with shall be allowable to such resident,
respective possession. respect to such taxpayer (determined without re- ‘‘(B) in the case of any taxable year beginning
(2) PAYMENTS TO OTHER POSSESSIONS.—The gard to subsection (i)(4)) of such section) for during 2020, the increase determined under the
Secretary of the Treasury shall pay to each pos- such taxable year, over first sentence of subsection (d)(1) shall be the
session of the United States which does not have ‘‘(B) the estimated tax imposed by subtitle A, amount determined under subsection (d)(1)(A)
a mirror code tax system amounts estimated by as reduced by the credits allowable under sub- (determined without regard to subsection
the Secretary of the Treasury as being equal to parts A and C (other than section 24) of such (h)(4)),
the aggregate benefits (if any) that would have part IV, with respect to such taxpayer for such ‘‘(C) in the case of any taxable year beginning
been provided to residents of such possession by taxable year, as determined in such manner as after December 31, 2020, and before January 1,
reason of the provisions of this section (other the Secretary deems appropriate. 2026, the increase determined under the first
than this subsection) with respect to section 32 ‘‘(2) APPLICATION OF THRESHOLD AMOUNT LIM- sentence of subsection (d)(1) shall be the lesser
of the Internal Revenue Code of 1986 if a mirror ITATION.—The program described in subsection of—
code tax system had been in effect in such pos- (a) shall make reasonable efforts to apply the ‘‘(i) the amount determined under subsection
session. The preceding sentence shall not apply limitation of section 24(b) with respect to pay- (d)(1)(A) (determined without regard to sub-
unless the respective possession has a plan, ments made under such program. section (h)(4)), or
which has been approved by the Secretary of ‘‘(c) APPLICATION.—The advance payments ‘‘(ii) the dollar amount in effect under sub-
the Treasury, under which such possession will described in this section shall only be made with section (h)(5), and
promptly distribute such payments to its resi- respect to credits allowed under section 24 for ‘‘(D) in the case of any taxable year after De-
dents. taxable years beginning during 2020.’’. cember 31, 2025, the increase determined under
(3) MIRROR CODE TAX SYSTEM.—For purposes (2) RECONCILIATION OF CREDIT AND ADVANCE the first sentence of subsection (d)(1) shall be
of this section, the term ‘‘mirror code tax sys- CREDIT.—Section 24(i) of such Code, as amended the amount determined under subsection
tem’’ means, with respect to any possession of by subsection (a), is amended by adding at the (d)(1)(A).
the United States, the income tax system of such end the following new paragraph: ‘‘(3) AMERICAN SAMOA.—
possession if the income tax liability of the resi- ‘‘(4) RECONCILIATION OF CREDIT AND ADVANCE ‘‘(A) IN GENERAL.—The Secretary shall pay to
dents of such possession under such system is CREDIT.— American Samoa amounts estimated by the Sec-
determined by reference to the income tax laws ‘‘(A) IN GENERAL.—The amount of the credit retary as being equal to the aggregate benefits
of the United States as if such possession were allowed under this section for any taxable year that would have been provided to residents of
the United States. shall be reduced (but not below zero) by the ag- American Samoa by reason of the application of
(4) TREATMENT OF PAYMENTS.—For purposes gregate amount of any advance payments of this section for taxable years beginning after
of section 1324 of title 31, United States Code, such credit under section 7527A for such taxable 2019 if the provisions of this section had been in
the payments under this section shall be treated year. effect in American Samoa.
in the same manner as a refund due from a ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the ag- ‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara-
credit provision referred to in subsection (b)(2) gregate amount of advance payments under sec- graph (A) shall not apply unless American
of such section. tion 7527A for the taxable year exceeds the Samoa has a plan, which has been approved by
Subtitle D—Child Tax Credit amount of the credit allowed under this section the Secretary, under which American Samoa
SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS
for such taxable year (determined without re- will promptly distribute such payments to the
FOR 2020. gard to subparagraph (A)), the tax imposed by residents of American Samoa in a manner which
(a) IN GENERAL.—Section 24 of the Internal this chapter for such taxable year shall be in- replicates to the greatest degree practicable the
Revenue Code of 1986 is amended by adding at creased by the amount of such excess.’’. benefits that would have been so provided to
the end the following new subsection: (3) CLERICAL AMEMDMENT.—The table of sec- each such resident.
‘‘(i) SPECIAL RULES FOR 2020.—In the case of tions for chapter 77 of such Code is amended by ‘‘(C) COORDINATION WITH CREDIT ALLOWED
any taxable year beginning in 2020— inserting after the item relating to section 7527 AGAINST UNITED STATES INCOME TAXES.—
‘‘(1) REFUNDABLE CREDIT.—Subsection (h)(5) the following new item: ‘‘(i) IN GENERAL.—In the case of a taxable
shall not apply and the increase determined ‘‘Sec. 7527A. Advance payment of child tax year with respect to which a plan is approved
under the first sentence of subsection (d)(1) credit.’’. under subparagraph (B), this section (other
shall be the amount determined under sub- (c) EFFECTIVE DATE.—The amendments made than this subsection) shall not apply to any in-
section (d)(1)(A) (determined without regard to by this section shall apply to taxable years be- dividual eligible for a distribution under such
subsection (h)(4)). ginning after December 31, 2019. plan.
‘‘(2) CREDIT AMOUNT.—Subsection (h)(2) shall SEC. 20132. APPLICATION OF CHILD TAX CREDIT ‘‘(ii) APPLICATION OF SECTION IN EVENT OF AB-
not apply and subsection (a) shall be applied by IN POSSESSIONS. SENCE OF APPROVED PLAN.—In the case of a tax-
substituting ‘$3,000 ($3,600 in the case of a quali- (a) IN GENERAL.—Section 24 of the Internal able year with respect to which a plan is not ap-
fying child who has not attained age 6 as of the Revenue Code of 1986, as amended by the pre- proved under subparagraph (B), rules similar to
close of the calendar year in which the taxable ceding provisions of this Act, is amended by the rules of paragraph (2) shall apply with re-
year of the taxpayer begins)’ for ‘$1,000’. adding at the end the following new subsection: spect to bona fide residents of American Samoa
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‘‘(3) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT ‘‘(j) APPLICATION OF CREDIT IN POSSESSIONS.— (within the meaning of section 937(a)).
AS QUALIFYING CHILDREN.—This section shall be ‘‘(1) MIRROR CODE POSSESSIONS.— ‘‘(4) TREATMENT OF PAYMENTS.—The pay-
applied— ‘‘(A) IN GENERAL.—The Secretary shall pay to ments made under this subsection shall be treat-
‘‘(A) by substituting ‘age 18’ for ‘age 17’ in each possession of the United States with a mir- ed in the same manner for purposes of section
subsection (c)(1), and ror code tax system amounts equal to the loss to 1324(b)(2) of title 31, United States Code, as re-
‘‘(B) by substituting ‘described in subsection that possession by reason of the application of funds due from the credit allowed under this
(c) (determined after the application of sub- this section (determined without regard to this section.’’.
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H2066 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(b) EFFECTIVE DATE.—The amendment made Subtitle F—Flexibility for Certain Employee (b) ONE-TIME APPLICATION.—Paragraphs (1)
by this section shall apply to taxable years be- Benefits and (2) of subsection (a) shall each apply to
ginning after December 31, 2019. SEC. 20151. INCREASE IN CARRYOVER FOR only 1 election change described in such para-
Subtitle E—Dependent Care Assistance HEALTH FLEXIBLE SPENDING AR- graph with respect to an employee (in addition
RANGEMENTS. to any other election changes during a period of
SEC. 20141. REFUNDABILITY AND ENHANCEMENT (a) IN GENERAL.—A plan or other arrange- coverage permitted under the plan or arrange-
OF CHILD AND DEPENDENT CARE ment that otherwise satisfies all of the applica- ment without regard to this section).
TAX CREDIT.
ble requirements of sections 106 and 125 of the (c) APPLICABLE PERIOD.—For purposes of this
(a) IN GENERAL.—Section 21 of the Internal Internal Revenue Code of 1986 (including any section, the term ‘‘applicable period’’ means the
Revenue Code of 1986 is amended by adding at rules or regulations thereunder) shall not fail to period beginning on the date of the enactment
the end the following new subsection: be treated as a cafeteria plan or health flexible of this Act and ending on December 31, 2020.
‘‘(g) SPECIAL RULES FOR 2020.—In the case of spending arrangement merely because such plan (d) DEFINITIONS.—Any term used in this sec-
any taxable year beginning after December 31, or arrangement permits participants to carry tion which is also used in section 106 or 125 of
2019, and before January 1, 2021— over an amount not in excess of $2,750 of unused the Internal Revenue Code of 1986 or the rules
‘‘(1) CREDIT MADE REFUNDABLE.—In the case benefits or contributions remaining in a health or regulations thereunder shall have the same
of an individual other than a nonresident alien, flexible spending arrangement from the plan meaning as when used in such section or rules
the credit allowed under subsection (a) shall be year ending in 2020 to the plan year ending in or regulations.
treated as a credit allowed under subpart C 2021. SEC. 20155. EXTENSION OF GRACE PERIODS, ETC.
(and not allowed under this subpart). (b) DEFINITIONS.—Any term used in this sec- (a) IN GENERAL.—A plan or other arrange-
‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.— tion which is also used in section 106 or 125 of ment that otherwise satisfies all applicable re-
Subsection (a)(2) shall be applied— the Internal Revenue Code of 1986 or the rules quirements of sections 106, 125, or 129 of the In-
or regulations thereunder shall have the same ternal Revenue Code (including any rules or
‘‘(A) by substituting ‘50 percent’ for ‘35 per- meaning as when used in such section or rules
cent ’, and regulations thereunder) shall not fail to be
or regulations. treated as a cafeteria plan, health flexible
‘‘(B) by substituting ‘$120,000’ for ‘$15,000’. SEC. 20152. CARRYOVER FOR DEPENDENT CARE spending arrangement, or dependent care flexi-
‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT FLEXIBLE SPENDING ARRANGE-
ble spending arrangement (whichever is applica-
CREDITABLE.—Subsection (c) shall be applied— MENTS.
ble) merely because such plan or arrangement
‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ in (a) IN GENERAL.—A plan or other arrange- extends the grace period for the plan year end-
paragraph (1) thereof, and ment that otherwise satisfies all applicable re- ing in 2020 to 12 months after the end of such
‘‘(B) by substituting ‘twice the amount in ef- quirements of sections 106, 125, and 129 of the plan year, with respect to unused benefits or
fect under paragraph (1)’ for ‘$6,000’ in para- Internal Revenue Code of 1986 (including any contributions remaining in a health flexible
graph (2) thereof.’’. rules or regulations thereunder) shall not fail to spending arrangement or a dependent care flexi-
be treated as a cafeteria plan or dependent care ble spending arrangement.
(b) CONFORMING AMENDMENT.—Section
flexible spending arrangement merely because
1324(b)(2) of title 31, United States Code, is (b) POST-TERMINATION REIMBURSEMENTS
such plan or arrangement permits participants
amended by inserting ‘‘21 (by reason of sub- FROM HEALTH FSAS.—A plan or other arrange-
to carry over (under rules similar to the rules
section (g) thereof),’’ before ‘‘25A’’. ment that otherwise satisfies all applicable re-
applicable to health flexible spending arrange-
(c) COORDINATION WITH POSSESSION TAX SYS- quirements of sections 106 and 125 of the Inter-
ments) an amount, not in excess of the amount
TEMS.—Section 21(g)(1) of the Internal Revenue nal Revenue Code of 1986 (including any rules
in effect under section 129(a)(2)(A) of such
Code of 1986 (as added by this section) shall not or regulations thereunder) shall not fail to be
Code, of unused benefits or contributions re-
apply to any person— treated as a cafeteria plan or health flexible
maining in a dependent care flexible spending
(1) to whom a credit is allowed against taxes spending arrangement merely because such plan
arrangement from the plan year ending in 2020
imposed by a possession with a mirror code tax or arrangement allows (under rules similar to
to the plan year ending in 2021.
system by reason of the application of section 21 the rules applicable to dependent care flexible
(b) DEFINITIONS.—Any term used in this sec-
of such Code in such possession for such taxable spending arrangements) an employee who ceases
tion which is also used in section 106, 125, or 129
year, or participation in the plan during calendar year
of the Internal Revenue Code of 1986 or the
2020 to continue to receive reimbursements from
(2) to whom a credit would be allowed against rules or regulations thereunder shall have the
unused benefits or contributions through the
taxes imposed by a possession which does not same meaning as when used in such section or
end of the plan year (including any grace pe-
have a mirror code tax system if the provisions rules or regulations.
riod, taking into account any modification of a
of section 21 of such Code had been in effect in SEC. 20153. CARRYOVER OF PAID TIME OFF.
grace period permitted under subsection (a)).
such possession for such taxable year. (a) IN GENERAL.—A plan that otherwise satis- (c) DEFINITIONS.—Any term used in this sec-
(d) EFFECTIVE DATE.—The amendments made fies all applicable requirements of section 125 of tion which is also used in section 106, 125, or 129
by this section shall apply to taxable years be- the Internal Revenue Code of 1986 (including of the Internal Revenue Code of 1986 or the
ginning after December 31, 2019. any rules or regulations thereunder) shall not rules or regulations thereunder shall have the
SEC. 20142. INCREASE IN EXCLUSION FOR EM- fail to be treated as a cafeteria plan merely be- same meaning as when used in such section or
PLOYER-PROVIDED DEPENDENT cause such plan permits participants to carry rules or regulations.
CARE ASSISTANCE. over (under rules similar to the rules applicable
SEC. 20156. PLAN AMENDMENTS.
(a) IN GENERAL.—Section 129(a)(2) of the In- to health flexible spending arrangements) any
amount of paid time off (without limitation) A plan or other arrangement that otherwise
ternal Revenue Code of 1986 is amended by add- satisfies all applicable requirements of sections
ing at the end the following new subparagraph: from the plan year ending in 2020 to the plan
year ending in 2021. 106, 125, and 129 of the Internal Revenue Code
‘‘(D) SPECIAL RULE FOR 2020.—In the case of of 1986 (including any rules or regulations
(b) DEFINITIONS.—Any term used in this sec-
any taxable year beginning during 2020, sub- thereunder) shall not fail to be treated as a caf-
tion which is also used in section 125 of the In-
paragraph (A) shall be applied be substituting eteria plan, health flexible spending arrange-
ternal Revenue Code of 1986 or the rules or regu-
‘$10,500 (half such dollar amount’ for ‘$5,000 ment, or dependent care flexible spending ar-
lations thereunder shall have the same meaning
($2,500’.’’. rangement merely because such plan or arrange-
as when used in such section or rules or regula-
(b) EFFECTIVE DATE.—The amendment made tions. ment is amended pursuant to a provision under
by this section shall apply to taxable years be- this subtitle and such amendment is retroactive,
SEC. 20154. CHANGE IN ELECTION AMOUNT.
ginning after December 31, 2019. if—
(a) IN GENERAL.—A plan or other arrange-
(c) RETROACTIVE PLAN AMENDMENTS.—A plan (1) such amendment is adopted no later than
ment that otherwise satisfies all applicable re-
or other arrangement that otherwise satisfies all the last day of the plan year in which the
quirements of sections 106 and 125 of the Inter-
applicable requirements of sections 106, 125, and amendment is effective, and
nal Revenue Code of 1986 (including any rules
129 of the Internal Revenue Code of 1986 (in- (2) the plan or arrangement is operated con-
or regulations thereunder) shall not fail to be
cluding any rules or regulations thereunder) sistent with the terms of such amendment dur-
treated as a cafeteria plan or health flexible
shall not fail to be treated as a cafeteria plan or ing the period beginning on the effective date of
spending arrangement merely because such plan
dependent care flexible spending arrangement the amendment and ending on the date the
or arrangement allows an employee to make,
merely because such plan or arrangement is amendment is adopted.
with respect to the remaining portion of a period
amended pursuant to a provision under this sec- of coverage within the applicable period— Subtitle G—Deduction of State and Local
tion and such amendment is retroactive, if— (1) an election modifying the amount of such Taxes
(1) such amendment is adopted no later than employee’s contributions to such a health flexi- SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF
the last day of the plan year in which the
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ble spending arrangement (without regard to LIMITATION ON DEDUCTION OF
amendment is effective, and any change in status), or STATE AND LOCAL TAXES.
(2) the plan or arrangement is operated con- (2) an election modifying the amount of such (a) IN GENERAL.—Section 164(b)(6)(B) of the
sistent with the terms of such amendment dur- employee’s elective paid time off. Internal Revenue Code of 1986 is amended by in-
ing the period beginning on the effective date of Any election as modified under paragraph (1) serting ‘‘in the case of a taxable year beginning
the amendment and ending on the date the shall not exceed the limitation applicable under before January 1, 2020, or after December 31,
amendment is adopted. section 125(i) for the taxable year. 2021,’’ before ‘‘the aggregate amount of taxes’’.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2067
(b) CONFORMING AMENDMENTS.—Section ceding provisions of this Act, is amended by (2) the employer elects (at such time and in
164(b)(6) of the Internal Revenue Code of 1986 is adding at the end of the following new para- such manner as the Secretary may provide) to
amended— graph: treat such amount as a qualified pandemic-re-
(1) by striking ‘‘For purposes of subparagraph ‘‘(5) TEMPORARY RULE FOR FIRST RESPONDERS lated employee benefit expense.
(B)’’ and inserting ‘‘For purposes of this sec- AND COVID–19 FRONT LINE EMPLOYEES.— (d) APPLICABLE PERCENTAGE.—For purposes
tion’’, ‘‘(A) IN GENERAL.—In the case of any taxable of this section—
(2) by striking ‘‘January 1, 2018’’ and insert- year beginning in 2020— (1) IN GENERAL.—The term ‘‘applicable per-
ing ‘‘January 1, 2022’’, ‘‘(i) subsection (a)(2)(F)(ii) shall be applied by centage’’ means—
(3) by striking ‘‘December 31, 2017, shall’’ and substituting ‘uniforms, supplies, or equipment’ (A) 50 percent, in the case of qualified pan-
inserting ‘‘December 31, 2021, shall’’, and for ‘uniforms’, and demic-related employee benefit expenses paid
(4) by adding at the end the following: ‘‘For ‘‘(ii) for purposes of subsection (a)(2)(F), the with respect to an essential employee, and
purposes of this section, in the case of State or term ‘first responder’ shall include any COVID– (B) 30 percent, in any other case.
local taxes with respect to any real or personal 19 front line employee. (2) ESSENTIAL EMPLOYEE.—The term ‘‘essential
‘‘(B) COVID–19 FRONT LINE EMPLOYEE.—For employee’’ means, with respect to any employer
property paid during a taxable year beginning
purposes of this paragraph, the term ‘COVID–19 for any calendar quarter, any employee of such
in 2020 or 2021, the Secretary shall prescribe
front line employee’ means, with respect to any employer if a substantial portion of the services
rules which treat all or a portion of such taxes
taxable year, any individual who performs at performed by such employee for such employer
as paid in a taxable year or years other than
least 1000 hours of essential work (as defined in during such calendar quarter are essential work
the taxable year in which actually paid as nec-
the COVID–19 Heroes Fund Act of 2020 except (as defined in the COVID–19 Heroes Fund Act of
essary or appropriate to prevent the avoidance
without regard to the time period during which 2020 except without regard to the time period
of the limitations of this subsection.’’.
such work is performed) during such taxable during which such work is performed).
(c) EFFECTIVE DATE.—The amendments made
year as an employee in a trade or business of an (e) SPECIAL RULES; OTHER DEFINITIONS.—
by this section shall apply to taxes paid or ac-
employer.’’. (1) APPLICATION OF CERTAIN NON-DISCRIMINA-
crued in taxable years beginning after December
(b) EFFECTIVE DATE.—The amendment made TION RULES.—No credit shall be allowed under
31, 2019.
by this section shall apply to taxable years be- this section to any employer for any calendar
TITLE II—ADDITIONAL RELIEF FOR ginning after December 31, 2019. quarter if qualified pandemic-related employee
WORKERS SEC. 20204. PAYROLL CREDIT FOR CERTAIN PAN- benefit expenses are provided by such employer
Subtitle A—Additional Relief DEMIC-RELATED EMPLOYEE BEN- to employees for such calendar quarter in a
EFIT EXPENSES PAID BY EMPLOY- manner which discriminates in favor of highly
SEC. 20201. INCREASE IN ABOVE-THE-LINE DE-
ERS. compensated individuals (within the meaning of
DUCTION FOR CERTAIN EXPENSES
OF ELEMENTARY AND SECONDARY (a) IN GENERAL.—In the case of an employer, section 125) as to eligibility for, or the amount
SCHOOL TEACHERS. there shall be allowed as a credit against appli- of, such benefit expenses. An employer may elect
(a) INCREASE.—Section 62(a)(2)(D) of the In- cable employment taxes for each calendar quar- with respect to any calendar quarter to apply
ternal Revenue Code of 1986 is amended by ter an amount equal to the applicable percent- this paragraph separately with respect to essen-
striking ‘‘$250’’ and inserting ‘‘$500’’. age of the qualified pandemic-related employee tial employees and with respect to all other em-
(b) CONFORMING AMENDMENTS.—Section benefit expenses paid by such employer with re- ployees.
62(d)(3) of the Internal Revenue Code of 1986 is spect to such calendar quarter. (2) DENIAL OF DOUBLE BENEFIT.—For purposes
amended— (b) LIMITATIONS AND REFUNDABILITY.— of chapter 1 of such Code, no deduction or cred-
(1) DOLLAR LIMITATION PER EMPLOYEE.—The it (other than the credit allowed under this sec-
(1) by striking ‘‘2015’’ and inserting ‘‘2020’’,
qualified pandemic-related employee benefit ex- tion) shall be allowed for so much of qualified
(2) by striking ‘‘$250’’ and inserting ‘‘$500’’,
penses which may be taken into account under pandemic-related employee benefit expenses as
and
subsection (a) with respect to any employee for is equal to the credit allowed under this section.
(3) in subparagraph (B), by striking ‘‘2014’’
any calendar quarter shall not exceed $5,000. (3) THIRD PARTY PAYORS.—Any credit allowed
and inserting ‘‘2019’’. (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
(c) EFFECTIVE DATE.—The amendments made under this section shall be treated as a credit
TAXES.—The credit allowed by subsection (a)
by this section shall apply to taxable years be- described in section 3511(d)(2) of such Code.
with respect to any calendar quarter shall not (4) APPLICABLE EMPLOYMENT TAXES.—For
ginning after December 31, 2019. exceed the applicable employment taxes for such
SEC. 20202.ABOVE-THE-LINE DEDUCTION AL- purposes of this section, the term ‘‘applicable
calendar quarter (reduced by any credits al- employment taxes’’ means the following:
LOWED FOR CERTAIN EXPENSES OF
lowed under subsections (e) and (f) of section (A) The taxes imposed under section 3111(a) of
FIRST RESPONDERS.
3111 of such Code, sections 7001 and 7003 of the the Internal Revenue Code of 1986.
(a) IN GENERAL.—Section 62(a)(2) of the Inter- Families First Coronavirus Response Act, and
nal Revenue Code of 1986 is amended by adding (B) So much of the taxes imposed under sec-
section 2301 of the CARES Act, for such quarter) tion 3221(a) of such Code as are attributable to
at the end the following new subparagraph: on the wages paid with respect to the employ-
‘‘(F) CERTAIN EXPENSES OF FIRST RESPOND- the rate in effect under section 3111(a) of such
ment of all the employees of the employer for Code.
ERS.—The deductions allowed by section 162
such calendar quarter. (5) SECRETARY.—For purposes of this section,
which consist of expenses, not in excess of $500, (3) REFUNDABILITY OF EXCESS CREDIT.— the term ‘‘Secretary’’ means the Secretary of the
paid or incurred by a first responder— (A) IN GENERAL.—If the amount of the credit Treasury or the Secretary’s delegate.
‘‘(i) as tuition or fees for the participation of under subsection (a) exceeds the limitation of (6) CERTAIN TERMS.—
the first responder in professional development paragraph (2) for any calendar quarter, such (A) IN GENERAL.—Any term used in this sec-
courses related to service as a first responder, or excess shall be treated as an overpayment that tion which is also used in chapter 21 or 22 of
‘‘(ii) for uniforms used by the first responder shall be refunded under sections 6402(a) and such Code shall have the same meaning as when
in service as a first responder.’’. 6413(b) of the Internal Revenue Code of 1986. used in such chapter (as the case may be).
(b) FIRST RESPONDER DEFINED.—Section 62(d) (B) TREATMENT OF PAYMENTS.—For purposes (B) CERTAIN PROVISIONS NOT TAKEN INTO AC-
of the Internal Revenue Code of 1986 is amended of section 1324 of title 31, United States Code, COUNT EXCEPT FOR PURPOSES OF LIMITING CRED-
by adding at the end the following new para- any amounts due to an employer under this IT TO EMPLOYMENT TAXES.—For purposes of sub-
graph: paragraph shall be treated in the same manner paragraph (A) (other than with respect to sub-
‘‘(4) FIRST RESPONDER.—For purposes of sub- as a refund due from a credit provision referred section (b)(2)), section 3121(b) of such Code shall
section (a)(2)(F), the term ‘first responder’ to in subsection (b)(2) of such section. be applied without regard to paragraphs (1), (5),
means, with respect to any taxable year, any (4) COORDINATION WITH GOVERNMENT (6), (7), (8), (10), (13), (18), (19), and (22) thereof
employee who provides at least 1000 hours of GRANTS.—The qualified pandemic-related em- (except with respect to services performed in a
service during such taxable year as a law en- ployee benefit expenses taken into account penal institution by an inmate thereof) and sec-
forcement officer, firefighter, paramedic, or under this section by any employer shall be re- tion 3231(e)(1) shall be applied without regard to
emergency medical technician.’’. duced by any amounts provided by and Federal, the sentence that begins ‘‘Such term does not in-
(c) INFLATION ADJUSTMENT.—Section 62(d)(3) State, or local government for purposes of mak- clude remuneration’’.
of the Internal Revenue Code of 1986, as amend- ing or reimbursing such expenses. (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
ed by the preceding provisions of this Act, is (c) QUALIFIED PANDEMIC-RELATED EMPLOYEE (1) IN GENERAL.—The credit under this section
further amended by striking ‘‘the $500 amount BENEFIT EXPENSES.—For purposes of this sec- shall not be allowed to the Federal Government
in subsection (a)(2)(D)’’ and inserting ‘‘the $500 tion, the term ‘‘qualified pandemic-related em- or any agency or instrumentality thereof.
amount in each of subparagraphs (D) and (F) of ployee benefit expenses’’ means any amount (2) EXCEPTION.—Paragraph (1) shall not
subsection (a)(2)’’. paid to or for the benefit of an employee in the apply to any organization described in section
(d) EFFECTIVE DATE.—The amendments made employment of the employer if— 501(c)(1) of the Internal Revenue Code of 1986
by this section shall apply to taxable years be- (1) such amount is excludible from the gross and exempt from tax under section 501(a) of
dlhill on DSK120RN23PROD with HOUSE
ginning after December 31, 2019. income of the employee under section 139 of the such Code.
SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUC- Internal Revenue Code of 1986 by reason of (g) TREATMENT OF DEPOSITS.—The Secretary
TION FOR SUPPLIES AND EQUIP- being a qualified disaster relief payment de- shall waive any penalty under section 6656 of
MENT OF FIRST RESPONDERS AND scribed in subsection (b)(1) of such section with such Code for any failure to make a deposit of
COVID–19 FRONT LINE EMPLOYEES. respect to a qualified disaster described in sub- applicable employment taxes if the Secretary de-
(a) IN GENERAL.—Section 62(d) of the Internal section (c)(2) of such section which was declared termines that such failure was due to the antici-
Revenue Code of 1986, as amended by the pre- by reason of COVID–19, and pation of the credit allowed under this section.
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H2068 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(h) REGULATIONS.—The Secretary shall pre- whether an employer is an applicable large em- plan (as defined in section 5000(b)(1) of the In-
scribe such regulations or other guidance as ployer for purposes of section 4980H(c)(2) of the ternal Revenue Code of 1986), but only to the ex-
may be necessary to carry out the purposes of Internal Revenue Code of 1986) employed by tent that such amounts are excluded from the
this section, including regulations or other guid- such eligible employer during calendar year 2019 gross income of employees by reason of section
ance— was greater than 1,500, and 106(a) of such Code.
(1) to allow the advance payment of the credit ‘‘(B) the gross receipts (within the meaning of ‘‘(ii) ALLOCATION RULES.—For purposes of this
determined under subsection (a), subject to the section 448(c) of the Internal Revenue Code of section, amounts treated as wages under clause
limitations provided in this section, based on 1986) of such eligible employer during calendar (i) shall be treated as paid with respect to any
such information as the Secretary shall require, year 2019 was greater than $41,500,000.’’. employee (and with respect to any period) to the
(2) to provide for the reconciliation of such (d) PHASE-IN OF ELIGIBILITY BASED ON REDUC- extent that such amounts are properly allocable
advance payment with the amount of the credit TION IN GROSS RECEIPTS.— to such employee (and to such period) in such
at the time of filing the return of tax for the ap- (1) DECREASE OF REDUCTION IN GROSS RE- manner as the Secretary may prescribe. Except
plicable quarter or taxable year, CEIPTS NECESSARY TO QUALIFY FOR CREDIT.— as otherwise provided by the Secretary, such al-
(3) for recapturing the benefit of credits deter- Section 2301(c)(2)(B) of the CARES Act is location shall be treated as properly made if
mined under this section in cases where there is amended— made on the basis of being pro rata among peri-
a subsequent adjustment to the credit deter- (A) by striking ‘‘50 percent’’ in clause (i) and ods of coverage.’’.
mined under subsection (a), and inserting ‘‘90 percent’’, and (2) CONFORMING AMENDMENT.—Section
(4) with respect to the application of the credit (B) by striking ‘‘80 percent’’ in clause (ii) and 2301(c)(3) of the CARES Act is amended by strik-
to third party payors (including professional inserting ‘‘90 percent’’. ing subparagraph (C).
employer organizations, certified professional (2) PHASE-IN OF CREDIT IF REDUCTION IN GROSS (f) QUALIFIED WAGES PERMITTED TO INCLUDE
employer organizations, or agents under section RECEIPTS IS LESS THAN 50 PERCENT.—Section AMOUNTS FOR TIP REPLACEMENT.—
3504 of such Code), including to allow such 2301(c)(2) of the CARES Act is amended by add- (1) IN GENERAL.—Section 2301(c)(3)(B) of the
payors to submit documentation necessary to ing at the end the following new subparagraph: CARES Act is amended by inserting ‘‘(including
substantiate eligibility for, and the amount of, ‘‘(D) PHASE-IN OF CREDIT WHERE BUSINESS NOT tips which would have been deemed to be paid
the credit allowed under this section. SUSPENDED AND REDUCTION IN GROSS RECEIPTS by the employer under section 3121(q))’’ after
(i) APPLICATION OF SECTION.—This section LESS THAN 50 PERCENT.— ‘‘would have been paid’’.
shall apply only to qualified pandemic-related ‘‘(i) IN GENERAL.—In the case of any calendar (2) CONFORMING AMENDMENT.—Section
employee benefit expenses paid after March 12, quarter with respect to which an eligible em- 2301(h)(2) of the CARES Act is amended by in-
2020, and before January 1, 2021. ployer would not be an eligible employer if sub- serting ‘‘45B or’’ before ‘‘45S’’.
paragraph (B)(i) were applied by substituting (g) CERTAIN GOVERNMENTAL EMPLOYERS ELI-
(j) TRANSFERS TO CERTAIN TRUST FUNDS.—
‘50 percent’ for ‘90 percent’, the amount of the GIBLE FOR CREDIT.—
There are hereby appropriated to the Federal
credit allowed under subsection (a) shall be re- (1) IN GENERAL.—Section 2301(f) of the CARES
Old-Age and Survivors Insurance Trust Fund
duced by the amount which bears the same ratio Act is amended to read as follows:
and the Federal Disability Insurance Trust ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
Fund established under section 201 of the Social to the amount of such credit (determined with-
‘‘(1) IN GENERAL.—The credit under this sec-
Security Act (42 U.S.C. 401) and the Social Secu- out regard to this subparagraph) as—
tion shall not be allowed to the Federal Govern-
rity Equivalent Benefit Account established ‘‘(I) the excess gross receipts percentage point
ment or any agency or instrumentality thereof.
under section 15A(a) of the Railroad Retirement amount, bears to ‘‘(2) EXCEPTION.—Paragraph (1) shall not
Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal ‘‘(II) 40 percentage points.
apply to any organization described in section
to the reduction in revenues to the Treasury by ‘‘(ii) EXCESS GROSS RECEIPTS PERCENTAGE
501(c)(1) of the Internal Revenue Code of 1986
reason of this section (without regard to this POINT AMOUNT.—For purposes of this subpara-
and exempt from tax under section 501(a) of
subsection). Amounts appropriated by the pre- graph, the term ‘excess gross receipts percentage
such Code.
ceding sentence shall be transferred from the point amount’ means, with respect to any cal- ‘‘(3) SPECIAL RULES.—In the case of any State
general fund at such times and in such manner endar quarter, the excess of— government, Indian tribal government, or any
as to replicate to the extent possible the trans- ‘‘(I) the lowest of the gross receipts percentage agency, instrumentality, or political subdivision
fers which would have occurred to such Trust point amounts determined with respect to any of the foregoing—
Fund or Account had this section not been en- calendar quarter during the period ending with ‘‘(A) clauses (i) and (ii)(I) of subsection
acted. such calendar quarter and beginning with the (c)(2)(A) shall apply to all operations of such
first calendar quarter during the period de- entity, and
Subtitle B—Tax Credits to Prevent Business
scribed in subparagraph (B), over ‘‘(B) subclause (II) of subsection (c)(2)(A)(ii)
Interruption
‘‘(II) 50 percentage points. shall not apply.’’.
SEC. 20211. IMPROVEMENTS TO EMPLOYEE RE- ‘‘(iii) GROSS RECEIPTS PERCENTAGE POINT
TENTION CREDIT.
(2) COORDINATION WITH APPLICATION OF CER-
AMOUNTS.—For purposes of this subparagraph, TAIN DEFINITIONS.—
(a) INCREASE IN CREDIT PERCENTAGE.—Section the term ‘gross receipts percentage point (A) IN GENERAL.—Section 2301(c)(5)(A) of the
2301(a) of the CARES Act is amended by striking amount’ means, with respect to any calendar CARES Act, as amended by the preceding provi-
‘‘50 percent’’ and inserting ‘‘80 percent’’. quarter, the percentage (expressed as a number sions of this Act, is amended by adding at the
(b) INCREASE IN PER EMPLOYEE LIMITATION.— of percentage points) obtained by dividing— end the following: ‘‘For purposes of the pre-
Section 2301(b)(1) of the CARES Act is amended ‘‘(I) the gross receipts (within the meaning of ceding sentence (other than for purposes of sub-
by striking ‘‘for all calendar quarters shall not subparagraph (B)) for such calendar quarter, by section (b)(2)), wages as defined in section
exceed $10,000.’’ and inserting ‘‘shall not ex- ‘‘(II) the gross receipts for the same calendar 3121(a) of the Internal Revenue Code of 1986
ceed— quarter in calendar year 2019.’’. shall be determined without regard to para-
‘‘(A) $15,000 in any calendar quarter, and (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANIZA- graphs (1), (5), (6), (7), (8), (10), (13), (18), (19),
‘‘(B) $45,000 in the aggregate for all calendar TIONS.—Section 2301(c)(2)(C) of the CARES Act and (22) of section 3212(b) of such Code (except
quarters.’’. is amended— with respect to services performed in a penal in-
(c) MODIFICATION OF THRESHOLD FOR TREAT- (A) by striking ‘‘of such Code, clauses (i) and stitution by an inmate thereof).’’.
MENT AS A LARGE EMPLOYER.— (ii)(I)’’ and inserting ‘‘of such Code— (B) CONFORMING AMENDMENTS.—Sections
(1) IN GENERAL.—Section 2301(c)(3)(A) of the ‘‘(i) clauses (i) and (ii)(I)’’, 2301(c)(6) of the CARES Act is amended by strik-
CARES Act is amended— (B) by striking the period at the end and in- ing ‘‘Any term’’ and inserting ‘‘Except as other-
(A) by striking ‘‘for which the average number serting ‘‘, and’’, and wise provided in this section, any term’’.
of full-time employees (within the meaning of (C) by adding at the end the following new (h) APPLICATION OF CREDIT TO EMPLOYERS OF
section 4980H of the Internal Revenue Code of clause: DOMESTIC WORKERS.—
1986) employed by such eligible employer during ‘‘(ii) any reference in this section to gross re- (1) IN GENERAL.—Section 2301(c)(2) of the
2019 was greater than 100’’ in clause (i) and in- ceipts shall be treated as a reference to gross re- CARES Act, as amended by the preceding provi-
serting ‘‘which is a large employer’’, and ceipts within the meaning of section 6033 of such sions of this Act, is amended by adding at the
(B) by striking ‘‘for which the average number Code.’’. end the following new subparagraph:
of full-time employees (within the meaning of (e) MODIFICATION OF TREATMENT OF HEALTH ‘‘(E) EMPLOYERS OF DOMESTIC WORKERS.—In
section 4980H of the Internal Revenue Code of PLAN EXPENSES.— the case of an employer with one or more em-
1986) employed by such eligible employer during (1) IN GENERAL.—Section 2301(c)(5) of the ployees who perform domestic service (within
2019 was not greater than 100’’ in clause (ii) and CARES Act is amended to read as follows: the meaning of section 3121(a)(7) of such Code)
inserting ‘‘which is not a large employer’’. ‘‘(5) WAGES.— in the private home of such employer, with re-
(2) LARGE EMPLOYER DEFINED.—Section ‘‘(A) IN GENERAL.—The term ‘wages’ means spect to such employees—
2301(c) of the CARES Act is amended by redesig- wages (as defined in section 3121(a) of the Inter- ‘‘(i) subparagraph (A) shall be applied—
dlhill on DSK120RN23PROD with HOUSE
nating paragraph (6) as paragraph (7) and by nal Revenue Code of 1986) and compensation (as ‘‘(I) by substituting ‘employing an employee
inserting after paragraph (5) the following new defined in section 3231(e) of such Code). who performs domestic service in the private
paragraph: ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN home of such employer’ for ‘carrying on a trade
‘‘(6) LARGE EMPLOYER.—The term ‘large em- EXPENSES.— or business’ in clause (i) thereof, and
ployer’ means any eligible employer if— ‘‘(i) IN GENERAL.—Such term shall include ‘‘(II) by substituting ‘such employment’ for
‘‘(A) the average number of full-time employ- amounts paid or incurred by the eligible em- ‘the operation of the trade or business’ in clause
ees (as determined for purposes of determining ployer to provide and maintain a group health (ii)(I) thereof.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2069
‘‘(ii) subclause (II) of subparagraph (A)(ii) the rate in effect under section 3111(a) of such (I) the gross receipts (within the meaning of
shall not apply, and Code. subparagraph (B)) for such calendar quarter, by
‘‘(iii) such employer shall be treated as a large (2) ELIGIBLE EMPLOYER.— (II) the gross receipts for the same calendar
employer.’’. (A) IN GENERAL.—The term ‘‘eligible em- quarter in calendar year 2019.
(2) DENIAL OF DOUBLE BENEFIT.—Section ployer’’ means any employer— (3) QUALIFIED FIXED EXPENSES.—
2301(h)(2) of the CARES Act, as amended by (i) which was carrying on a trade or business (A) IN GENERAL.—The term ‘‘qualified fixed
preceding provisions of this Act, is amended— during calendar year 2020, expenses’’ means the payment or accrual, in the
(A) by striking ‘‘shall not be taken into ac- (ii) which had either— ordinary course of the eligible employer’s trade
count for purposes of’’ and inserting ‘‘shall not (I) not more than 1,500 full-time equivalent or business, of any covered mortgage obligation,
be taken into account— employees (as determined for purposes of deter- covered rent obligation, or covered utility pay-
‘‘(A) for purposes of’’, mining whether an employer is an applicable ment. Such term shall not include the prepay-
(B) by striking the period at the end and in- large employer for purposes of section ment of any obligation for a period in excess of
serting ‘‘, and’’ , and 4980H(c)(2) of the Internal Revenue Code of a month unless the payment for such period is
(C) by adding at the end the following: 1986) for calendar year 2019, or customarily due in advance.
‘‘(B) if such wages are paid for domestic serv- (II) not more than $41,500,000 of gross receipts (B) APPLICATION OF DEFINITIONS.—The terms
ice described in subsection (c)(2)(E), as employ- in the last taxable year ending in 2019, and ‘‘covered mortgage obligation’’, ‘‘covered rent
ment-related expenses for purposes of section 21 (iii) with respect to any calendar quarter, for obligation’’, and ‘‘covered utility payment’’
of such Code. which— shall each have the same meaning as when used
In the case of any individual who pays wages (I) the operation of the trade or business de- in section 1106 of the CARES Act.
for domestic service described in subsection scribed in clause (i) is fully or partially sus- (4) SECRETARY.—The term ‘‘Secretary’’ means
(c)(2)(E) and receives a reimbursement for such pended during the calendar quarter due to or- the Secretary of the Treasury or the Secretary’s
wages which is excludible from gross income ders from an appropriate governmental author- delegate.
ity limiting commerce, travel, or group meetings (5) WAGES.—
under section 129 of such Code, such wages
(for commercial, social, religious, or other pur- (A) IN GENERAL.—The term ‘‘wages’’ means
shall not be treated as qualified wages for pur-
poses) due to the coronavirus disease 2019 wages (as defined in section 3121(a) of the Inter-
poses of this section.’’.
(COVID–19), or nal Revenue Code of 1986) and compensation (as
(i) EFFECTIVE DATE.—The amendments made
(II) such calendar quarter is within the period defined in section 3231(e) of such Code). For
by this section shall take effect as if included in
described in subparagraph (B). purposes of the preceding sentence (other than
section 2301 of the CARES Act.
(B) SIGNIFICANT DECLINE IN GROSS RECEIPTS.— for purposes of subsection (b)(2)), wages as de-
SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED The period described in this subparagraph is the fined in section 3121(a) of such Code shall be de-
EXPENSES OF EMPLOYERS SUBJECT
TO CLOSURE BY REASON OF COVID–
period— termined without regard to paragraphs (1), (8),
19. (i) beginning with the first calendar quarter (10), (13), (18), (19), and (22) of section 3121(b) of
beginning after December 31, 2019, for which such Code.
(a) IN GENERAL.—In the case of an eligible
gross receipts (within the meaning of section (B) ALLOWANCE FOR CERTAIN HEALTH PLAN EX-
employer, there shall be allowed as a credit
448(c) of the Internal Revenue Code of 1986) for PENSES.—
against applicable employment taxes for each
the calendar quarter are less than 90 percent of (i) IN GENERAL.—Such term shall include
calendar quarter an amount equal to 50 percent
gross receipts for the same calendar quarter in amounts paid or incurred by the eligible em-
of the qualified fixed expenses paid or incurred
the prior year, and ployer to provide and maintain a group health
by such employer during such calendar quarter.
(ii) ending with the calendar quarter fol- plan (as defined in section 5000(b)(1) of the In-
(b) LIMITATIONS AND REFUNDABILITY.—
lowing the first calendar quarter beginning after ternal Revenue Code of 1986), but only to the ex-
(1) LIMITATION.—The qualified fixed expenses
a calendar quarter described in clause (i) for tent that such amounts are excluded from the
which may be taken into account under sub-
which gross receipts of such employer are great- gross income of employees by reason of section
section (a) by any eligible employer for any cal-
er than 90 percent of gross receipts for the same 106(a) of such Code.
endar quarter shall not exceed the least of— (ii) ALLOCATION RULES.—For purposes of this
calendar quarter in the prior year.
(A) the qualified fixed expenses paid by the el- section, amounts treated as wages under clause
(C) TAX-EXEMPT ORGANIZATIONS.—In the case
igible employer in the same calendar quarter of (i) shall be treated as paid with respect to any
of an organization which is described in section
calendar year 2019, employee (and with respect to any period) to the
501(c) of the Internal Revenue Code of 1986 and
(B) $50,000, or
exempt from tax under section 501(a) of such extent that such amounts are properly allocable
(C) the greater of—
Code— to such employee (and to such period) in such
(i) 25 percent of the wages paid with respect to
(i) any reference in this section to a trade or manner as the Secretary may prescribe. Except
the employment of all the employees of the eligi-
business shall be treated as a reference to all op- as otherwise provided by the Secretary, such al-
ble employer for such calendar quarter, or
erations of such organization, and location shall be treated as properly made if
(ii) 6.25 percent of the gross receipts of the eli- (ii) any reference in this section to gross re- made on the basis of being pro rata among peri-
gible employer for calendar year 2019. ceipts shall be treated as a reference to gross re- ods of coverage.
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
ceipts within the meaning of section 6033 of the (6) EMPLOYER.—The term ‘‘employer’’ means
TAXES.—The credit allowed by subsection (a)
Internal Revenue Code of 1986. any employer (as defined in section 3401(d) of
with respect to any calendar quarter shall not (D) PHASE-IN OF CREDIT WHERE BUSINESS NOT such Code) of at least one employee on any day
exceed the applicable employment taxes for such SUSPENDED AND REDUCTION IN GROSS RECEIPTS in calendar year 2020.
calendar quarter (reduced by any credits al- LESS THAN 50 PERCENT.— (7) OTHER TERMS.—Except as otherwise pro-
lowed under subsections (e) and (f) of section (i) IN GENERAL.—In the case of any calendar vided in this section, any term used in this sec-
3111 of such Code, sections 7001 and 7003 of the quarter with respect to which an eligible em- tion which is also used in chapter 21 or 22 of the
Families First Coronavirus Response Act, sec- ployer would not be an eligible employer if sub- Internal Revenue Code of 1986 shall have the
tion 2301 of the CARES Act, and section 20204 of paragraph (B)(i) were applied by substituting same meaning as when used in such chapter.
this division, for such quarter) on the wages ‘‘50 percent’’ for ‘‘90 percent’’, the amount of (d) AGGREGATION RULE.—All persons treated
paid with respect to the employment of all the the credit allowed under subsection (a) shall be as a single employer under subsection (a) or (b)
employees of the eligible employer for such cal- reduced by the amount which bears the same of section 52 of the Internal Revenue Code of
endar quarter. ratio to the amount of such credit (determined 1986, or subsection (m) or (o) of section 414 of
(3) REFUNDABILITY OF EXCESS CREDIT.— without regard to this subparagraph) as— such Code, shall be treated as one employer for
(A) IN GENERAL.—If the amount of the credit (I) the excess gross receipts percentage point purposes of this section.
under subsection (a) exceeds the limitation of amount, bears to (e) DENIAL OF DOUBLE BENEFIT.—For pur-
paragraph (2) for any calendar quarter, such (II) 40 percentage points. poses of chapter 1 of such Code, the gross in-
excess shall be treated as an overpayment that (ii) EXCESS GROSS RECEIPTS PERCENTAGE POINT come of any eligible employer, for the taxable
shall be refunded under sections 6402(a) and AMOUNT.—For purposes of this subparagraph, year which includes the last day of any cal-
6413(b) of the Internal Revenue Code of 1986. the term ‘‘excess gross receipts percentage point endar quarter with respect to which a credit is
(B) TREATMENT OF PAYMENTS.—For purposes amount’’ means, with respect to any calendar allowed under this section, shall be increased by
of section 1324 of title 31, United States Code, quarter, the excess of— the amount of such credit.
any amounts due to an employer under this (I) the lowest of the gross receipts percentage (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
paragraph shall be treated in the same manner point amounts determined with respect to any (1) IN GENERAL.—The credit under this section
as a refund due from a credit provision referred calendar quarter during the period ending with shall not be allowed to the Federal Government,
to in subsection (b)(2) of such section. such calendar quarter and beginning with the the government of any State, of the District of
(c) DEFINITIONS.—For purposes of this sec- first calendar quarter during the period de- Columbia, or of any possession of the United
tion— scribed in subparagraph (B), over States, any tribal government, or any political
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(1) APPLICABLE EMPLOYMENT TAXES.—The (II) 50 percentage points. subdivision, agency, or instrumentality of any
term ‘‘applicable employment taxes’’ means the (iii) GROSS RECEIPTS PERCENTAGE POINT of the foregoing.
following: AMOUNTS.—For purposes of this subparagraph, (2) EXCEPTION.—Paragraph (1) shall not
(A) The taxes imposed under section 3111(a) of the term ‘‘gross receipts percentage point apply to any organization described in section
the Internal Revenue Code of 1986. amount’’ means, with respect to any calendar 501(c)(1) of the Internal Revenue Code of 1986
(B) So much of the taxes imposed under sec- quarter, the percentage (expressed as a number and exempt from tax under section 501(a) of
tion 3221(a) of such Code as are attributable to of percentage points) obtained by dividing— such Code.
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H2070 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(g) ELECTION NOT TO HAVE SECTION APPLY.— paragraph (1)) shall be reduced (but not below this section shall be treated in the same manner
This section shall not apply with respect to any zero) by 50 percent of so much of the taxpayer’s as a refund due from a credit provision referred
eligible employer for any calendar quarter if modified adjusted gross income for the tax- to in subsection (b)(2) of such section.
such employer elects (at such time and in such payer’s first taxable year beginning in 2020 as (2) DOCUMENTATION.—No credit shall be al-
manner as the Secretary may prescribe) not to exceeds $60,000 ($120,000 in the case of a joint re- lowed under this section unless the taxpayer
have this section apply. turn). maintains such documentation as the Secretary
(h) TRANSFERS TO CERTAIN TRUST FUNDS.— (B) MODIFIED ADJUSTED GROSS INCOME.—For of the Treasury (or the Secretary’s delegate)
There are hereby appropriated to the Federal purposes of this section the term ‘‘modified ad- may prescribe to establish such individual as an
Old-Age and Survivors Insurance Trust Fund justed gross income’’ means adjusted gross in- eligible self-employed individual.
and the Federal Disability Insurance Trust come determined without regard to sections 911, (3) DENIAL OF DOUBLE BENEFIT.—Qualified
Fund established under section 201 of the Social 931, and 933 of such Code. self-employment income shall be reduced by—
Security Act (42 U.S.C. 401) and the Social Secu- (c) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— (A) the qualified sick leave equivalent amount
rity Equivalent Benefit Account established For purposes of this section, the term ‘‘eligible for which a credit is allowed under section
under section 15A(a) of the Railroad Retirement self-employed individual’’ means an indi- 7002(a) of the Families First Coronavirus Re-
Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal vidual— sponse Act and the qualified family leave equiv-
to the reduction in revenues to the Treasury by (1) who— alent amount for which a credit is allowed
reason of this section (without regard to this (A) regularly carries on one or more trades or under section 7004(a) of such Act,
subsection). Amounts appropriated by the pre- businesses within the meaning of section 1402 of (B) the qualified wages for which a credit is
ceding sentence shall be transferred from the such Code, or allowed under section 2301 of the CARES Act,
general fund at such times and in such manner (C) the amount of the credit allowed under
(B) is allocated income or loss described in
as to replicate to the extent possible the trans- section 6432 of the Internal Revenue Code of
section 702(a)(8) of such Code from any trade or
fers which would have occurred to such Trust 1986 (as added by this Act), and
business carried on by a partnership which is
(D) except to the extent taken into account in
Fund or Account had this section not been en- not excluded under section 1402 of such Code,
determining gross self-employment income,
acted. and
(i) TREATMENT OF DEPOSITS.—The Secretary amounts from a covered loan under section
(2) for whom gross self-employment income
shall waive any penalty under section 6656 of 7(a)(36) of the Small Business Act that are—
during the first taxable year beginning in 2020 is (i) forgiven pursuant to section 1106(b) of the
such Code for any failure to make a deposit of less than 90 percent of such individual’s gross CARES Act, and
applicable employment taxes if the Secretary de- self-employment income during the first taxable (ii) paid or distributed to the eligible self-em-
termines that such failure was due to the antici- year beginning in 2019. ployed individual as payroll costs described in
pation of the credit allowed under this section. (d) QUALIFIED SELF-EMPLOYMENT INCOME.— section 7(a)(36)(A)(viii)(I) of the Small Business
(j) THIRD PARTY PAYORS.—Any credit allowed For purposes of this section— Act.
under this section shall be treated as a credit (1) IN GENERAL.—The term ‘‘qualified self-em- (4) JOINT RETURNS.—
described in section 3511(d)(2) of such Code. ployment income’’ means the product of— (A) IN GENERAL.—In the case of a joint return,
(k) REGULATIONS AND GUIDANCE.—The Sec- (A) the specified gross self-employment income the taxpayer shall be treated for purposes of this
retary shall issue such forms, instructions, regu- reduction for the first taxable year beginning in section as an eligible self-employed individual if
lations, and guidance as are necessary— 2020, multiplied by either spouse is an eligible self-employed indi-
(1) to allow the advance payment of the credit (B) the ratio of— vidual.
under subsection (a), subject to the limitations (i) self-employment income (as determined (B) APPLICATION OF MODIFIED ADJUSTED
provided in this section, based on such informa- under section 1402(b) of such Code, but not GROSS INCOME LIMITATION ON QUALIFIED SELF-
tion as the Secretary shall require, below zero) for the first taxable year beginning EMPLOYMENT INCOME.—If the taxpayer filed a
(2) regulations or other guidance to provide in 2019, divided by joint return for only one of the taxable years de-
for the reconciliation of such advance payment (ii) gross self-employment income for the first scribed in subsection (d)(2), such limitation shall
with the amount of the credit at the time of fil- taxable year beginning in 2019. apply in such manner as the Secretary of the
ing the return of tax for the applicable quarter (2) LIMITATION BASED ON MODIFIED ADJUSTED Treasury (or the Secretary’s delegate) may pro-
or taxable year, GROSS INCOME.—In the case of any taxpayer,
(3) with respect to the application of the credit vide.
qualified self-employment income shall not ex- (5) ELECTION NOT TO HAVE SECTION APPLY.—
under subsection (a) to third party payors (in- ceed the excess (if any) of— This section shall not apply with respect to any
cluding professional employer organizations, (A) modified adjusted gross income for the taxpayer for any taxable year if such taxpayer
certified professional employer organizations, or first taxable year beginning in 2019, over elects (at such time and in such manner as the
agents under section 3504 of the Internal Rev- (B) modified adjusted gross income for the Secretary of the Treasury, or the Secretary’s
enue Code of 1986), including regulations or first taxable year beginning in 2020. delegate, may prescribe) not to have this section
guidance allowing such payors to submit docu- (3) SPECIFIED GROSS SELF-EMPLOYMENT IN- apply.
mentation necessary to substantiate the eligible COME REDUCTION.—For purposes of paragraph (g) APPLICATION OF CREDIT IN CERTAIN POS-
employer status of employers that use such (1), the term ‘‘specified gross self-employment SESSIONS.—
payors, income reduction’’ means, with respect to a tax- (1) PAYMENTS TO POSSESSIONS WITH MIRROR
(4) for application of subsection (b)(1)(A) and able year, the excess (if any) of— CODE TAX SYSTEMS.—The Secretary of the Treas-
subparagraphs (A)(ii)(II) and (B) of subsection (A) 90 percent of gross self-employment income ury (or the Secretary’s delegate) shall pay to
(c)(2) in the case of any employer which was not for the taxable year preceding such taxable each possession of the United States which has
carrying on a trade or business for all or part of year, over a mirror code tax system amounts equal to the
the same calendar quarter in the prior year, and (B) gross self-employment income for such tax- loss (if any) to that possession by reason of the
(5) for recapturing the benefit of credits deter-
able year. application of the provisions of this section.
mined under this section in cases where there is
(e) GROSS SELF-EMPLOYMENT INCOME.—For Such amounts shall be determined by the Sec-
a subsequent adjustment to the credit deter-
purposes of this section, the term ‘‘gross self-em- retary of the Treasury (or the Secretary’s dele-
mined under subsection (a).
ployment income’’ means, with respect to any gate) based on information provided by the gov-
(l) APPLICATION OF SECTION.—This section
taxable year, the sum of— ernment of the respective possession.
shall apply only to qualified fixed expenses paid
(1) the eligible self-employed individuals’ gross (2) PAYMENTS TO OTHER POSSESSIONS.—The
or accrued after March 12, 2020, and before Jan-
income derived from all trades or business car- Secretary of the Treasury (or the Secretary’s
uary 1, 2021.
ried on by such individual for purposes of deter- delegate) shall pay to each possession of the
SEC. 20213. BUSINESS INTERRUPTION CREDIT
FOR CERTAIN SELF-EMPLOYED INDI- mining net earnings from self-employment under United States which does not have a mirror code
VIDUALS. section 1402 of such Code for such taxable year, tax system amounts estimated by the Secretary
(a) CREDIT AGAINST TAX.—In the case of an and of the Treasury (or the Secretary’s delegate) as
eligible self-employed individual, there shall be (2) the eligible individual’s distributive share being equal to the aggregate benefits (if any)
allowed as a credit against the tax imposed by of gross income (as determined under section that would have been provided to residents of
chapter 1 of subtitle A of the Internal Revenue 702(c) of such Code) from any trade or business such possession by reason of the provisions of
Code of 1986 for the taxpayer’s first taxable year carried on by a partnership for purposes of de- this section if a mirror code tax system had been
beginning in 2020 an amount equal to 90 percent termining net earnings from self-employment in effect in such possession. The preceding sen-
of the eligible self-employed individual’s quali- under section 1402 of such Code (and which is tence shall not apply unless the respective pos-
fied self-employment income. not excluded under such section) for such tax- session has a plan, which has been approved by
(b) LIMITATIONS.— able year. the Secretary of the Treasury (or the Secretary’s
(1) OVERALL LIMITATION.—The amount of (f) SPECIAL RULES.— delegate), under which such possession will
qualified self-employment income taken into ac- (1) CREDIT REFUNDABLE.— promptly distribute such payments to its resi-
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count under subsection (a) with respect to any (A) IN GENERAL.—The credit determined under dents.
eligible self-employed individual shall not ex- this section shall be treated as a credit allowed (3) MIRROR CODE TAX SYSTEM.—For purposes
ceed $45,000. to the taxpayer under subpart C of part IV of of this section, the term ‘‘mirror code tax sys-
(2) LIMITATION BASED ON MODIFIED ADJUSTED subchapter A of chapter 1 of such Code. tem’’ means, with respect to any possession of
GROSS INCOME.— (B) TREATMENT OF PAYMENTS.—For purposes the United States, the income tax system of such
(A) IN GENERAL.—The amount of the credit al- of section 1324 of title 31, United States Code, possession if the income tax liability of the resi-
lowed by subsection (a) (after application of any refund due from the credit allowed under dents of such possession under such system is
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2071
determined by reference to the income tax laws sponse Act is amended by striking ‘‘$10,000’’ and (b) CLARIFICATION OF APPLICABLE RAILROAD
of the United States as if such possession were inserting ‘‘$12,000’’. RETIREMENT TAX FOR PAID LEAVE CREDITS.—
the United States. (b) INCREASE IN QUALIFIED FAMILY LEAVE Sections 7001(e) and 7003(e) of the Families First
(4) TREATMENT OF PAYMENTS.—For purposes EQUIVALENT AMOUNT FOR SELF-EMPLOYED INDI- Coronavirus Response Act, as amended by the
of section 1324 of title 31, United States Code, VIDUALS.—Section 7004(c)(1)(A) of the Families preceding provisions of this Act, are each
the payments under this section shall be treated First Coronavirus Response Act is amended by amended by adding at the end the following
in the same manner as a refund due from a striking ‘‘50’’ and inserting ‘‘60’’. new paragraph:
credit provision referred to in subsection (b)(2) (c) EFFECTIVE DATE.—The amendments made ‘‘(4) REFERENCES TO RAILROAD RETIREMENT
of such section. by this section shall take effect as if included in TAX.—Any reference in this section to the tax
(h) CERTAIN TERMS.—Any term used in this the provisions of the Families First Coronavirus imposed by section 3221(a) of the Internal Rev-
section which is also used in chapter 2 of the In- Response Act to which they relate. enue Code of 1986 shall be treated as a reference
ternal Revenue Code of 1986 shall have the same SEC. 20224. ELECTION TO USE PRIOR YEAR NET to so much of such tax as is attributable to the
meaning as when used in such chapter. EARNINGS FROM SELF-EMPLOYMENT rate in effect under section 3111(a) of such
(i) REGULATIONS AND GUIDANCE.—The Sec- IN DETERMINING AVERAGE DAILY Code.’’.
retary of the Treasury (or the Secretary’s dele- SELF-EMPLOYMENT INCOME. (c) CLARIFICATION OF TREATMENT OF PAID
gate) shall issue such forms, instructions, regu- (a) CREDIT FOR SICK LEAVE.—Section 7002(c) LEAVE FOR APPLICABLE RAILROAD RETIREMENT
lations, and guidance as are necessary or appro- of the Families First Coronavirus Response Act TAX.—Section 7005(a) of the Families First
priate— is amended by adding at the end the following Coronavirus Response Act is amended by adding
(1) to allow the advance payment of the credit new paragraph: the following sentence at the end of such sub-
under subsection (a) (including allowing use of ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- section: ‘‘Any reference in this subsection to the
the anticipated credit to offset estimated taxes) INGS FROM SELF-EMPLOYMENT INCOME.—In the tax imposed by section 3221(a) of such Code
based on the taxpayer’s good faith estimates of case of an individual who elects (at such time shall be treated as a reference to so much of the
gross self-employment income and qualified self- and in such manner as the Secretary, or the tax as is attributable to the rate in effect under
employment income for the first taxable year be- Secretary’s delegate, may provide) the applica- section 3111(a) of such Code.’’
ginning in 2020 and such other information as tion of this paragraph, paragraph (2)(A) shall (d) CLARIFICATION OF APPLICABLE RAILROAD
the Secretary of the Treasury (or the Secretary’s be applied by substituting ‘the prior taxable RETIREMENT TAX FOR HOSPITAL INSURANCE TAX
delegate) shall require, subject to the limitations year’ for ‘the taxable year’.’’. CREDIT.—Section 7005(b)(1) of the Families First
provided in this section, (b) CREDIT FOR FAMILY LEAVE.—Section Coronavirus Response Act is amended to read as
(2) to provide for the reconciliation of such 7004(c) of the Families First Coronavirus Re- follows:
advance payment with the amount of the credit sponse Act is amended by adding at the end the ‘‘(1) IN GENERAL.—The credit allowed by sec-
at the time of filing the return of tax for the tax- following new paragraph: tion 7001 and the credit allowed by section 7003
payer’s first taxable year beginning in 2020, ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- shall each be increased by the amount of the tax
(3) to provide for the application of this sec- INGS FROM SELF-EMPLOYMENT INCOME.—In the imposed by section 3111(b) of the Internal Rev-
tion to partners in partnerships, and case of an individual who elects (at such time enue Code of 1986 and so much of the taxes im-
(4) to implement the purposes of this section. and in such manner as the Secretary, or the posed under section 3221(a) of such Code as are
Subtitle C—Credits for Paid Sick and Family Secretary’s delegate, may provide) the applica- attributable to the rate in effect under section
Leave tion of this paragraph, paragraph (2)(A) shall 3111(b) of such Code on qualified sick leave
SEC. 20221. EXTENSION OF CREDITS. be applied by substituting ‘the prior taxable wages, or qualified family leave wages, for
(a) IN GENERAL.—Sections 7001(g), 7002(e), year’ for ‘the taxable year’.’’. which credit is allowed under such section 7001
7003(g), and 7004(e) of the Families First (c) EFFECTIVE DATE.—The amendments made or 7003 (respectively).’’.
by this section shall take effect as if included in (e) EFFECTIVE DATE.—The amendments made
Coronavirus Response Act are each amended by
the provisions of the Families First Coronavirus by this section shall take effect as if included in
striking ‘‘2020’’ and inserting ‘‘2021’’.
(b) EFFECTIVE DATE.—The amendments made Response Act to which they relate. the provisions of the Families First Coronavirus
by this section shall take effect as if included in SEC. 20225. FEDERAL, STATE, AND LOCAL GOV- Response Act to which they relate.
ERNMENTS ALLOWED TAX CREDITS SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN
the provisions of the Families First Coronavirus
FOR PAID SICK AND PAID FAMILY LARGE EMPLOYERS.
Response Act to which they relate.
AND MEDICAL LEAVE. (a) CREDIT FOR REQUIRED PAID SICK LEAVE.—
SEC. 20222. REPEAL OF REDUCED RATE OF CRED- (1) IN GENERAL.—Section 7001(a) of the Fami-
IT FOR CERTAIN LEAVE. (a) IN GENERAL.—Sections 7001(e) and 7003(e)
of the Families First Coronavirus Response Act lies First Coronavirus Response Act is amended
(a) PAYROLL CREDIT.—Section 7001(b) of the by striking ‘‘In the case of an employer’’ and in-
Families First Coronavirus Response Act is are each amended by striking paragraph (4).
(b) COORDINATION WITH APPLICATION OF CER- serting ‘‘In the case of an eligible employer’’.
amended by inserting ‘‘or any day on or after (2) ELIGIBLE EMPLOYER.—Section 7001(c) of
TAIN DEFINITIONS.—
the date of the enactment of the Worker Health the Families First Coronavirus Response Act, as
Coverage Protection Act’’ after ‘‘in the case of (1) IN GENERAL.—Sections 7001(c) and 7003(c)
of the Families First Coronavirus Response Act amended by the preceding provisions of this Act,
any day any portion of which is paid sick time is amended by striking ‘‘For purposes of this
described in paragraph (1), (2), or (3) of section are each amended—
(A) by inserting ‘‘, determined without regard section, the term’’ and all that precedes it and
5102(a) of the Emergency Paid Sick Leave Act’’. inserting the following:
(b) SELF-EMPLOYED CREDIT.— to paragraphs (1) through (22) of section 3121(b)
of such Code’’ after ‘‘as defined in section ‘‘(c) DEFINITIONS.—For purposes of this sec-
(1) IN GENERAL.—Clauses (i) and (ii) of section tion—
7002(c)(1)(B) of the Families First Coronavirus 3121(a) of the Internal Revenue Code of 1986’’,
‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible
Response Act are each amended by inserting in- and
(B) by inserting ‘‘, determined without regard employer’ means any employer other than an
serting ‘‘or any day on or after the date of the applicable large employer (as defined in section
enactment of the Worker Health Coverage Pro- to the sentence in paragraph (1) thereof which
begins ‘Such term does include remuneration’ ’’ 4980H(c)(2), determined by substituting ‘500’ for
tection Act’’ after ‘‘in the case of any day any ‘50’ each place it appears in subparagraphs (A)
portion of which is paid sick time described in after ‘‘as defined in section 3231(e) of the Inter-
nal Revenue Code’’. and (B) thereof and without regard to subpara-
paragraph (1), (2), or (3) of section 5102(a) of the graphs (D) and (F) thereof). For purposes of the
Emergency Paid Sick Leave Act’’. (2) CONFORMING AMENDMENTS.—Sections
7001(e)(3) and 7003(e)(3) of the Families First preceding sentence, the Government of the
(2) CONFORMING AMENDMENT.—Section United States, the government of any State or
7002(d)(3) of the Families First Coronavirus Re- Coronavirus Response Act are each amended by
striking ‘‘Any term’’ and inserting ‘‘Except as political subdivision thereof, or any agency or
sponse Act is amended by inserting inserting ‘‘or instrumentality of any of the foregoing shall not
any day on or after the date of the enactment otherwise provided in this section, any term’’.
(c) EFFECTIVE DATE.—The amendments made be treated as an applicable large employer.
of the Worker Health Coverage Protection Act’’ ‘‘(2) QUALIFIED SICK LEAVE WAGES.—The
after ‘‘in the case of any day any portion of by this section shall take effect as if included in
term’’.
which is paid sick time described in paragraph the provisions of the Families First Coronavirus (b) CREDIT FOR REQUIRED PAID FAMILY
(1), (2), or (3) of section 5102(a) of the Emer- Response Act to which they relate. LEAVE.—
gency Paid Sick Leave Act’’. SEC. 20226.CERTAIN TECHNICAL IMPROVE- (1) IN GENERAL.—Section 7003(a) of the Fami-
(c) EFFECTIVE DATE.—The amendments made MENTS. lies First Coronavirus Response Act is amended
by this section shall apply to days on or after (a) COORDINATION WITH EXCLUSION FROM EM- by striking ‘‘In the case of an employer’’ and in-
the date of the enactment of this Act. PLOYMENT TAXES.—Sections 7001(c) and 7003(c) serting ‘‘In the case of an eligible employer’’.
SEC. 20223. INCREASE IN LIMITATIONS ON CRED- of the Families First Coronavirus Response Act, (2) ELIGIBLE EMPLOYER.—Section 7003(c) of
ITS FOR PAID FAMILY LEAVE. as amended by the preceding provisions of this the Families First Coronavirus Response Act, as
(a) INCREASE IN OVERALL LIMITATION ON Act, are each amended— amended by the preceding provisions of this Act,
dlhill on DSK120RN23PROD with HOUSE
QUALIFIED FAMILY LEAVE WAGES.— (1) by inserting ‘‘and section 7005(a) of this is amended by striking ‘‘For purposes of this
(1) IN GENERAL.—Section 7003(b)(1)(B) of the Act,’’ after ‘‘determined without regard to para- section, the term’’ and all that precedes it and
Families First Coronavirus Response Act is graphs (1) through (22) of section 3121(b) of such inserting the following:
amended by striking ‘‘$10,000’’ and inserting Code’’, and ‘‘(c) DEFINITIONS.—For purposes of this sec-
‘‘$12,000’’. (2) by inserting ‘‘and without regard to sec- tion—
(2) CONFORMING AMENDMENT.—Section tion 7005(a) of this Act’’ after ‘‘which begins ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible
7004(d)(3) of the Families First Coronavirus Re- ‘Such term does not include remuneration’ ’’. employer’ means any employer other than an
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H2072 CONGRESSIONAL RECORD — HOUSE May 15, 2020
applicable large employer (as defined in section SEC. 20234. AUTHORITY TO WAIVE CERTAIN IN- (A) The heading for section 172(b)(1)(D) of
4980H(c)(2), determined by substituting ‘500’ for FORMATION REPORTING REQUIRE- such Code is amended by striking ‘‘2018, 2019,
MENTS. AND’’ and inserting ‘‘2019 AND’’.
‘50’ each place it appears in subparagraphs (A)
and (B) thereof and without regard to subpara- The Secretary of the Treasury (or the Sec- (B) Section 172(b)(1)(D) of such Code is
graphs (D) and (F) thereof). For purposes of the retary’s delegate) may provide an exception amended by striking clause (iii) and by redesig-
preceding sentence, the Government of the from any requirement to file an information re- nating clauses (iv) and (v) as clauses (iii) and
United States, the government of any State or turn otherwise required by chapter 61 of the In- (iv), respectively.
political subdivision thereof, or any agency or ternal Revenue Code of 1986 with respect to any (C) Section 172(b)(1)(D)(iii) of such Code, as
instrumentality of any of the foregoing, shall amount excluded from gross income by reason of so redesignated, is amended by striking ‘‘(i)(I)’’
not be treated as an applicable large employer. section 1106(i) of the CARES Act or section 20232 and inserting ‘‘(i)’’.
‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The or 20233 of this Act. (D) Section 172(b)(1)(D)(iv) of such Code, as
term’’. SEC. 20235. CLARIFICATION OF TREATMENT OF so redesignated, is amended—
(c) EFFECTIVE DATE.—The amendments made EXPENSES PAID OR INCURRED WITH (i) by striking ‘‘If the 5-year carryback period
by this section shall apply to wages paid after PROCEEDS FROM CERTAIN GRANTS under clause (i)(I)’’ in subclause (I) and insert-
AND LOANS. ing ‘‘If the carryback period under clause (i)’’,
the date of the enactment of this Act.
(a) IN GENERAL.—For purposes of the Internal and
Subtitle D—Other Relief
Revenue Code of 1986 and notwithstanding any (ii) by striking ‘‘2018 or’’ in subclause (II).
SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED other provision of law, any deduction and the (b) DISALLOWED FOR CERTAIN TAXPAYERS.—
FOR RECIPIENTS OF CERTAIN LOAN
basis of any property shall be determined with- Section 172(b)(1)(D) of such Code, as amended
FORGIVENESS.
out regard to whether any amount is excluded by the preceding provisions of this Act, is
(a) IN GENERAL.—Section 2302(a) of the
from gross income under section 20233 of this amended by adding at the end the following
CARES Act is amended by striking paragraph
Act or section 1106(i) of the CARES Act. new clauses:
(3). (b) CLARIFICATION OF EXCLUSION OF LOAN
(b) EFFECTIVE DATE.—The amendment made ‘‘(v) CARRYBACK DISALLOWED FOR CERTAIN
FORGIVENESS.—Section 1106(i) of the CARES Act TAXPAYERS.—Clause (i) shall not apply with re-
by this section shall take effect as if included in
is amended to read as follows: spect to any loss arising in a taxable year in
section 2302 of the CARES Act. ‘‘(i) TAXABILITY.—For purposes of the Inter- which—
SEC. 20232. EMERGENCY FINANCIAL AID GRANTS.
nal Revenue Code of 1986, no amount shall be ‘‘(I) the taxpayer (or any related person) is
(a) IN GENERAL.—In the case of a student re- included in the gross income of the eligible re- not allowed a deduction under this chapter for
ceiving a qualified emergency financial aid cipient by reason of forgiveness of indebtedness the taxable year by reason of section 162(m) or
grant— described in subsection (b).’’. section 280G, or
(1) such grant shall not be included in the (c) EFFECTIVE DATE.—Subsection (a) and the ‘‘(II) the taxpayer (or any related person) is a
gross income of such individual for purposes of amendment made by subsection (b) shall apply specified corporation for the taxable year.
the Internal Revenue Code of 1986, and to taxable years ending after the date of the en- ‘‘(vi) SPECIFIED CORPORATION.—For purposes
(2) such grant shall not be treated as de- actment of the CARES Act. of clause (v)—
scribed in subparagraph (A), (B), or (C) of sec- ‘‘(I) IN GENERAL.—The term ‘specified corpora-
SEC. 20236. REINSTATEMENT OF CERTAIN PRO-
tion 25A(g)(2) of such Code. TECTIONS FOR TAXPAYER RETURN tion’ means, with respect to any taxable year, a
(b) DEFINITIONS.—For purposes of this sub- INFORMATION. corporation the aggregate distributions (includ-
section, the term ‘‘qualified emergency financial (a) IN GENERAL.—Section 6103(a)(3) of the In- ing redemptions) of which during all taxable
aid grant’’ means— ternal Revenue Code of 1986, as amended by sec- years ending after December 31, 2017, exceed the
(1) any emergency financial aid grant award-
tion 3516 of the CARES Act, is amended by sum of applicable stock issued of such corpora-
ed by an institution of higher education under
striking ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), tion and 5 percent of the fair market value of
section 3504 of the CARES Act,
(16)’’ and inserting ‘‘(13), (16)’’. the stock of such corporation as of the last day
(2) any emergency financial aid grant from an
(b) RECORDS REQUIREMENTS.—Section of the taxable year.
institution of higher education made with funds
6103(p)(3)(A) of such Code, as so amended, is ‘‘(II) APPLICABLE STOCK ISSUED.—The term
made available under section 18004 of the ‘applicable stock issued’ means, with respect to
amended by striking ‘‘(12), (13)(A), (13)(B),
CARES Act, and any corporation, the aggregate fair market
(3) any other emergency financial aid grant (13)(C), (13)(D)(i)’’ and inserting ‘‘(12),’’.
(c) APPLICATION OF SAFEGUARDS.—Section value of stock (as of the issue date of such
made to a student from a Federal agency, a
6103(p)(4) of such Code, as so amended, is stock) issued by the corporation during all tax-
State, an Indian tribe, an institution of higher
amended by striking ‘‘(13)(A), (13)(B), (13)(C), able years ending after December 31, 2017, in ex-
education, or a scholarship-granting organiza-
(13)(D)(i)’’ each place it appears and inserting change for money or property other than stock
tion (including a tribal organization, as defined
‘‘(13)’’. in such corporation.
in section 4 of the Indian Self-Determination ‘‘(III) CERTAIN PREFERRED STOCK DIS-
(d) EFFECTIVE DATE.—The amendments made
and Education Assistance Act (25 U.S.C.5304)) REGARDED.—For purposes of subclause (I), stock
by this section shall apply to disclosures made
for the purpose of providing financial relief to described in section 1504(a)(4), and distributions
after the date of the enactment of the FUTURE
students enrolled at institutions of higher edu- (including redemptions) with respect to such
Act (Public Law 116–91).
cation in response to a qualifying emergency (as stock, shall be disregarded.
defined in section 3502(a)(4) of the CARES Act). TITLE III—NET OPERATING LOSSES
‘‘(vii) RELATED PERSON.—For purposes of
(c) LIMITATION.—This section shall not apply SEC. 20301. LIMITATION ON EXCESS BUSINESS
clause (v), a person is a related person to a tax-
to that portion of any amount received which LOSSES OF NON-CORPORATE TAX-
PAYERS RESTORED AND MADE PER- payer if the related person bears a relationship
represents payment for teaching, research, or
MANENT. to the taxpayer specified in section 267(b) or sec-
other services required as a condition for receiv-
(a) IN GENERAL.—Section 461(l)(1) of the In- tion 707(b)(1).’’.
ing the qualified emergency financial aid grant. (c) EFFECTIVE DATE.—The amendments made
(d) EFFECTIVE DATE.—This section shall apply ternal Revenue Code of 1986 is amended to read
as follows: by this section shall take effect as if included in
to qualified emergency financial aid grants
‘‘(1) LIMITATION.—In the case of a taxpayer the enactment of section 2303(b) of the
made after March 26, 2020.
other than a corporation, any excess business Coronavirus Aid, Relief, and Economic Security
SEC. 20233. CERTAIN LOAN FORGIVENESS AND Act.
OTHER BUSINESS FINANCIAL AS- loss of the taxpayer shall not be allowed.’’.
SISTANCE UNDER CARES ACT NOT (b) FARMING LOSSES.—Section 461 of such DIVISION C—HEALTH PROVISIONS
INCLUDIBLE IN GROSS INCOME. Code is amended by striking subsection (j). TITLE I—MEDICAID PROVISIONS
(a) UNITED STATES TREASURY PROGRAM MAN- (c) EFFECTIVE DATE.—The amendments made SEC. 30101. COVID–19-RELATED TEMPORARY IN-
AGEMENT AUTHORITY.—For purposes of the In- by this section shall apply to taxable years be- CREASE OF MEDICAID FMAP.
ternal Revenue Code of 1986, no amount shall be ginning after December 31, 2017. (a) IN GENERAL.—Section 6008 of the Families
included in gross income by reason of loan for- SEC. 20302. CERTAIN TAXPAYERS ALLOWED First Coronavirus Response Act (42 U.S.C. 1396d
giveness described in section 1109(d)(2)(D) of the CARRYBACK OF NET OPERATING note) is amended—
CARES Act. LOSSES ARISING IN 2019 AND 2020. (1) in subsection (a)—
(b) EMERGENCY EIDL GRANTS.—For purposes (a) CARRYBACK OF LOSSES ARISING IN 2019 AND (A) by inserting ‘‘(or, if later, June 30, 2021)’’
of the Internal Revenue Code of 1986, any ad- 2020.— after ‘‘last day of such emergency period oc-
vance described in section 1110(e) of the CARES (1) IN GENERAL.—Section 172(b)(1)(D)(i) of the curs’’; and
Act shall not be included in the gross income of Internal Revenue Code of 1986 is amended to (B) by striking ‘‘6.2 percentage points.’’ and
the person that receives such advance. read as follows: inserting ‘‘the percentage points specified in
(c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.— ‘‘(i) IN GENERAL.—In the case of any net oper- subsection (e). In no case may the application of
For purposes of the Internal Revenue Code of ating loss arising in a taxable year beginning this section result in the Federal medical assist-
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1986, any payment described in section 1112(c) of after December 31, 2018, and before January 1, ance percentage determined for a State being
the CARES Act shall not be included in the 2021, and to which subparagraphs (B) and (C)(i) more than 95 percent.’’; and
gross income of the person on whose behalf such do not apply, such loss shall be a net operating (2) by adding at the end the following new
payment is made. loss carryback to each taxable year preceding subsections:
(d) EFFECTIVE DATE.—Subsections (a), (b), the taxable year of such loss, but not to any ‘‘(e) SPECIFIED PERCENTAGE POINTS.—For pur-
and (c) shall apply to taxable years ending after taxable year beginning before January 1, 2018.’’. poses of subsection (a), the percentage points
the date of the enactment of the CARES Act. (2) CONFORMING AMENDMENTS.— specified in this subsection are—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2073
‘‘(1) for each calendar quarter occurring dur- (b) CONTINUATION OF OTHER SECRETARIAL AU- (3) assurances that the State will conduct ade-
ing the period beginning on the first day of the THORITY.—Nothing in this section shall be con- quate oversight and ensure the validity of such
emergency period described in paragraph (1)(B) strued as prohibiting the Secretary during the data as may be required by the Secretary.
of section 1135(g) of the Social Security Act (42 period described in subsection (a) from taking (c) APPROVAL OF APPLICATION.—Not later
U.S.C. 1320b-5(g)) and ending on June 30, 2020, any action (through promulgation of regulation, than 90 days after the date of submission of an
6.2 percentage points; issuance of regulatory guidance, or other ad- application of a State under subsection (b), the
‘‘(2) for each calendar quarter occurring dur- ministrative action) to enforce a provision of Secretary shall certify if the application is com-
ing the period beginning on July 1, 2020, and law in effect as of the date of enactment of this plete. Upon certification that an application of
ending on June 30, 2021, 14 percentage points; section with respect to the Medicaid program es- a State is complete, the application shall be
and tablished under title XIX of the Social Security deemed to be approved for purposes of this sec-
‘‘(3) for each calendar quarter, if any, occur- Act (42 U.S.C. 1396 et seq.) or the State Chil- tion.
ring during the period beginning on July 1, 2021, dren’s Health Insurance Program established (d) ACTIVITIES TO IMPROVE THE DELIVERY OF
and ending on the last day of the calendar under title XXI of such Act (42 U.S.C. 1397aa et HCBS.—
quarter in which the last day of such emergency seq.), or to promulgate or implement a new rule (1) IN GENERAL.—A State shall work with com-
period occurs, 6.2 percentage points. or provision during such period with respect to munity partners, such as Area Agencies on
‘‘(f) CLARIFICATIONS.— such programs, other than a rule or provision Aging, Centers for Independent Living, non-
‘‘(1) In the case of a State that treats an indi- described in subsection (a) and subject to the profit home and community-based services pro-
vidual described in subsection (b)(3) as eligible prohibition set forth in that subsection. viders, and other entities providing home and
for the benefits described in such subsection, for SEC. 30103. ADDITIONAL SUPPORT FOR MEDICAID community-based services, to implement—
the period described in subsection (a), expendi- HOME AND COMMUNITY-BASED (A) the purposes described in paragraph (2)
tures for medical assistance and administrative SERVICES DURING THE COVID–19 during the COVID–19 public health emergency
costs attributable to such individual that would EMERGENCY PERIOD. period; and
not otherwise be included as expenditures under (a) INCREASED FMAP.— (B) the purposes described in paragraph (3)
section 1903 of the Social Security Act shall be (1) IN GENERAL.—Notwithstanding section after the end of such emergency period.
regarded as expenditures under the State plan 1905(b) of the Social Security Act (42 U.S.C. (2) FOCUSED AREAS OF HCBS IMPROVEMENT.—
approved under title XIX of the Social Security 1396d(b)), in the case of an HCBS program The purposes described in this paragraph, with
Act or for administration of such State plan. State, the Federal medical assistance percentage respect to a State, are the following:
‘‘(2) The limitations on payment under sub- determined for the State under section 1905(b) of (A) To increase rates for home health agencies
sections (f) and (g) of section 1108 of the Social such Act and, if applicable, increased under and agencies that employ direct support profes-
Security Act (42 U.S.C. 1308) shall not apply to subsection (y), (z), or (aa) of section 1905 of sionals (including independent providers in a
Federal payments made under section 1903(a)(1) such Act (42 U.S.C. 1396d), section 1915(k) of self-directed or consumer-directed model) to pro-
of the Social Security Act (42 U.S.C. 1396b(a)(1)) such Act (42 U.S.C. 1396n(k)), or section 6008(a) vide home and community-based services under
attributable to the increase in the Federal med- of the Families First Coronavirus Response Act the State Medicaid program, provided that any
ical assistance percentage under this section. (Public Law 116–127), shall be increased by 10 agency or individual that receives payment
‘‘(3) Expenditures attributable to the in- percentage points with respect to expenditures under such an increased rate increases the com-
creased Federal medical assistance percentage of the State under the State Medicaid program pensation it pays its home health workers or di-
under this section shall not be counted for pur- for home and community-based services that are rect support professionals.
poses of the limitations under section 2104(b)(4) provided during the HCBS program improve- (B) To provide paid sick leave, paid family
of such Act (42 U.S.C. 1397dd(b)(4)). ment period. In no case may the application of leave, and paid medical leave for home health
‘‘(4) Notwithstanding the first sentence of sec- the previous sentence result in the Federal med- workers and direct support professionals.
tion 2105(b) of the Social Security Act (42 U.S.C. ical assistance percentage determined for a State (C) To provide hazard pay, overtime pay, and
1397ee(b)), the application of the increase under being more than 95 percent. shift differential pay for home health workers
this section may result in the enhanced FMAP (2) DEFINITIONS.—In this section: and direct support professionals.
of a State for a fiscal year under such section (A) HCBS PROGRAM IMPROVEMENT PERIOD.— (D) To provide home and community-based
exceeding 85 percent, but in no case may the ap- The term ‘‘HCBS program improvement period’’ services to eligible individuals who are on wait-
plication of such increase before application of means, with respect to a State, the period— ing lists for programs approved under sections
the second sentence of such section result in the (i) beginning on July 1, 2020; and 1115 or 1915 of the Social Security Act (42 U.S.C.
enhanced FMAP of the State exceeding 95 per- (ii) ending on June 30, 2021. 1315, 1396n).
cent. (B) HCBS PROGRAM STATE.—The term ‘‘HCBS (E) To purchase emergency supplies and
‘‘(g) SCOPE OF APPLICATION.—An increase in program State’’ means a State that meets the equipment, which may include items not typi-
the Federal medical assistance percentage for a condition described in subsection (b) by submit- cally covered under the Medicaid program, such
State under this section shall not be taken into ting an application described in such sub- as personal protective equipment, necessary to
account for purposes of payments under part D section, which is approved by the Secretary pur- enhance access to services and to protect the
of title IV of the Social Security Act (42 U.S.C. suant to subsection (c). health and well-being of home health workers
651 et seq.).’’. (C) HOME AND COMMUNITY-BASED SERVICES.— and direct support professionals.
(b) EFFECTIVE DATE.—The amendments made The term ‘‘home and community-based services’’ (F) To pay for the travel of home health work-
by subsection (a) shall take effect and apply as means home health care services authorized ers and direct support professionals to conduct
if included in the enactment of section 6008 of under paragraph (7) of section 1905(a) of the So- home and community-based services.
the Families First Coronavirus Response Act cial Security Act (42 U.S.C. 1396d(a)), personal (G) To recruit new home health workers and
(Public Law 116–127). care services authorized under paragraph (24) of direct support professionals.
SEC. 30102. LIMITATION ON ADDITIONAL SECRE- such section, PACE services authorized under (H) To support family care providers of eligi-
TARIAL ACTION WITH RESPECT TO paragraph (26) of such section, services author- ble individuals with needed supplies and equip-
MEDICAID SUPPLEMENTAL PAY- ized under subsections (b), (c), (i), (j), and (k) of ment, which may include items not typically
MENTS REPORTING REQUIREMENTS. section 1915 of such Act (42 U.S.C. 1396n), such covered under the Medicaid program, such as
(a) IN GENERAL.—Notwithstanding any other services authorized under a waiver under sec- personal protective equipment, and pay.
provision of law, during the period that begins tion 1115 of such Act (42 U.S.C. 1315), and such (I) To pay for training for home health work-
on the date of enactment of this section and other services specified by the Secretary. ers and direct support professionals that is spe-
ends on the last day of the emergency period de- (b) CONDITION.—The condition described in cific to the COVID–19 public health emergency.
scribed in paragraph (1)(B) of section 1135(g) of this subsection, with respect to a State, is that (J) To pay for assistive technologies, staffing,
the Social Security Act (42 U.S.C. 1320b–5(g)), the State submits an application to the Sec- and other costs incurred during the COVID–19
the Secretary of Health and Human Services retary, at such time and in such manner as public health emergency period in order to fa-
shall not take any action (through promulga- specified by the Secretary, that includes, in ad- cilitate community integration and ensure an
tion of regulation, issue of regulatory guidance, dition to such other information as the Sec- individual’s person-centered service plan con-
or otherwise) to— retary shall require— tinues to be fully implemented.
(1) finalize or otherwise implement provisions (1) a description of which activities described (K) To prepare information and public health
contained in the proposed rule published on No- in subsection (d) that a state plans to implement and educational materials in accessible formats
vember 18, 2019, on pages 63722 through 63785 of and a description of how it plans to implement (including formats accessible to people with low
volume 84, Federal Register (relating to parts such activities; literacy or intellectual disabilities) about pre-
430, 433, 447, 455, and 457 of title 42, Code of (2) assurances that the Federal funds attrib- vention, treatment, recovery and other aspects
Federal Regulations); or utable to the increase under subsection (a) will of COVID–19 for eligible individuals, their fami-
(2) promulgate or implement any rule or provi- be used— lies, and the general community served by agen-
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sion similar to the provisions described in para- (A) to implement the activities described in cies described in subparagraph (A).
graph (1) pertaining to the Medicaid program subsection (d); and (L) To pay for American sign language inter-
established under title XIX of the Social Secu- (B) to supplement, and not supplant, the level preters to assist in providing home and commu-
rity Act (42 U.S.C. 1396 et seq.) or the State of State funds expended for home and commu- nity-based services to eligible individuals and to
Children’s Health Insurance Program estab- nity-based services for eligible individuals inform the general public about COVID–19.
lished under title XXI of such Act (42 U.S.C. through programs in effect as of the date of the (M) To allow day services providers to provide
1397aa et seq.). enactment of this section; and home and community-based services.
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H2074 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(N) To pay for other expenses deemed appro- (D) OVERSIGHT.—Each State with respect to ‘‘(I) during such portion of the emergency pe-
priate by the Secretary to enhance, expand, or which an application is approved by the Sec- riod described in paragraph (1)(B) of section
strengthen Home and Community-Based Serv- retary pursuant to subsection (c) shall ensure 1135(g), any item or service furnished for the
ices, including retainer payments, and expenses adequate oversight of the expenditure of Federal treatment of COVID–19, including drugs ap-
which meet the criteria of the home and commu- funds pursuant to such increase in accordance proved or authorized under such section 505 or
nity-based settings rule published on January with the Medicaid regulations, including section such section 564 or, in the case of an individual
16, 2014. 1115 and 1915 waiver regulations and special who is diagnosed with or presumed to have
(3) PERMISSIBLE USES AFTER THE EMERGENCY terms and conditions for any relevant waiver or COVID–19, during the portion of such emer-
PERIOD.—The purpose described in this para- grant program. gency period during which such individual is
graph, with respect to a State, is to assist eligi- (3) NON-APPLICATION OF THE PAPERWORK RE- infected (or presumed infected) with COVID–19,
ble individuals who had to relocate to a nursing DUCTION ACT.—Chapter 35 of title 44, United the treatment of a condition that may com-
facility or institutional setting from their homes States Code (commonly referred to as the ‘‘Pa- plicate the treatment of COVID–19; and’’.
during the COVID–19 public health emergency perwork Reduction Act of 1995’’), shall not (B) APPLICATION TO ALTERNATIVE COST SHAR-
period in— apply to the provisions of this subsection. ING.—Section 1916A(b)(3)(B) of the Social Secu-
(A) moving back to their homes (including by (f) ADDITIONAL DEFINITIONS.—In this section: rity Act (42 U.S.C. 1396o–1(b)(3)(B)) is amend-
paying for moving costs, first month’s rent, and (1) COVID–19 PUBLIC HEALTH EMERGENCY PE- ed—
other one-time expenses and start-up costs); RIOD.—The term ‘‘COVID–19 public health (i) in clause (xi), by striking ‘‘any visit’’ and
(B) resuming home and community-based emergency period’’ means the portion of the inserting ‘‘any service’’; and
services; emergency period described in paragraph (1)(B) (ii) by adding at the end the following
(C) receiving mental health services and nec- of section 1135(g) of the Social Security Act (42 clauses:
essary rehabilitative service to regain skills lost U.S.C. 1320b–5(g)) beginning on or after the date ‘‘(xii) During the portion of the emergency pe-
while relocated during the public health emer- of the enactment of this Act. riod described in paragraph (1)(B) of section
gency period; and (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 1135(g) beginning on the date of the enactment
(D) while funds attributable to the increased individual’’ means an individual who is eligible of this clause, a COVID–19 vaccine licensed
FMAP under this section remain available, con- for or enrolled for medical assistance under a under section 351 of the Public Health Service
tinuing home and community-based services for State Medicaid program. Act, or approved or authorized under section 505
eligible individuals who were served from a (3) MEDICAID PROGRAM.—The term ‘‘Medicaid or 564 of the Federal Food, Drug, and Cosmetic
waiting list for such services during the public program’’ means, with respect to a State, the Act, and the administration of such vaccine.
health emergency period. State program under title XIX of the Social Se- ‘‘(xiii) During such portion of the emergency
(e) REPORTING REQUIREMENTS.— curity Act (42 U.S.C. 1396 et seq.) (including any period described in paragraph (1)(B) of section
(1) STATE REPORTING REQUIREMENTS.—Not waiver or demonstration under such title or 1135(g), an item or service furnished for the
later than December 31, 2022, any State with re- under section 1115 of such Act (42 U.S.C. 1315) treatment of COVID–19, including drugs ap-
spect to which an application is approved by the relating to such title). proved or authorized under such section 505 or
Secretary pursuant to subsection (c) shall sub- (4) SECRETARY.—The term ‘‘Secretary’’ means such section 564 or, in the case of an individual
mit a report to the Secretary that contains the the Secretary of Health and Human Services. who is diagnosed with or presumed to have
following information: (5) STATE.—The term ‘‘State’’ has the meaning COVID–19, during such portion of such emer-
(A) Activities and programs that were funded given such term for purposes of title XIX of the gency period during which such individual is
using Federal funds attributable to such in- Social Security Act (42 U.S.C. 1396 et seq.). infected (or presumed infected) with COVID–19,
crease. SEC. 30104. COVERAGE AT NO COST SHARING OF the treatment of a condition that may com-
(B) The number of eligible individuals who COVID–19 VACCINE AND TREATMENT. plicate the treatment of COVID–19.’’.
were served by such activities and programs. (a) MEDICAID.— (C) CLARIFICATION.—The amendments made
(C) The number of eligible individuals who (1) IN GENERAL.—Section 1905(a)(4) of the So- by this subsection shall apply with respect to a
were able to resume home and community-based cial Security Act (42 U.S.C. 1396d(a)(4)) is State plan of a territory in the same manner as
services as a result of such activities and pro- amended— a State plan of one of the 50 States.
grams. (A) by striking ‘‘and (D)’’ and inserting (b) STATE PEDIATRIC VACCINE DISTRIBUTION
(2) HHS EVALUATION.— ‘‘(D)’’; and PROGRAM.—Section 1928 of the Social Security
(A) IN GENERAL.—The Secretary shall evaluate (B) by striking the semicolon at the end and Act (42 U.S.C. 1396s) is amended—
the implementation and outcomes of this section inserting ‘‘; (E) during the portion of the emer- (1) in subsection (a)(1)—
in the aggregate using an external evaluator gency period described in paragraph (1)(B) of (A) in subparagraph (A), by striking ‘‘; and’’
with experience evaluating home and commu- section 1135(g) beginning on the date of the en- and inserting a semicolon;
(B) in subparagraph (B), by striking the pe-
nity-based services, disability programs, and actment of The Heroes Act, a COVID–19 vaccine
riod and inserting ‘‘; and’’; and
older adult programs. licensed under section 351 of the Public Health (C) by adding at the end the following sub-
(B) EVALUATION CRITERIA.—For purposes of Service Act, or approved or authorized under paragraph:
subparagraph (A), the external evaluator sections 505 or 564 of the Federal Food, Drug, ‘‘(C) during the portion of the emergency pe-
shall— and Cosmetic Act, and administration of the riod described in paragraph (1)(B) of section
(i) document and evaluate changes in access, vaccine; (F) during such portion of the emer- 1135(g) beginning on the date of the enactment
availability, and quality of home and commu- gency period described in paragraph (1)(B) of of this subparagraph, each vaccine-eligible child
nity-based services in each HCBS program section 1135(g), items or services for the preven- (as defined in subsection (b)) is entitled to re-
State; tion or treatment of COVID–19, including drugs ceive a COVID–19 vaccine from a program-reg-
(ii) document and evaluate aggregate changes approved or authorized under such section 505 istered provider (as defined in subsection (h)(7))
in access, availability, and quality of home and or such section 564 or, without regard to the re- without charge for—
community-based services across all such States; quirements of section 1902(a)(10)(B) (relating to ‘‘(i) the cost of such vaccine; or
and comparability), in the case of an individual who ‘‘(ii) the administration of such vaccine.’’;
(iii) evaluate the implementation and out- is diagnosed with or presumed to have COVID– (2) in subsection (c)(2)—
comes of this section based on— 19, during such portion of such emergency pe- (A) in subparagraph (C)(ii), by inserting ‘‘,
(I) the impact of this section on increasing riod during which such individual is infected (or but, during the portion of the emergency period
funding for home and community-based serv- presumed infected) with COVID–19, the treat- described in paragraph (1)(B) of section 1135(g)
ices; ment of a condition that may complicate the beginning on the date of the enactment of The
(II) the impact of this section on achieving treatment of COVID–19;’’. Heroes Act, may not impose a fee for the admin-
targeted access, availability, and quality of (2) PROHIBITION OF COST SHARING.— istration of a COVID–19 vaccine’’ before the pe-
home and community-based services; and (A) IN GENERAL.—Subsections (a)(2) and (b)(2) riod; and
(III) promising practices identified by activi- of section 1916 of the Social Security Act (42 (B) by adding at the end the following sub-
ties conducted pursuant to subsection (d) that U.S.C. 1396o) are each amended— paragraph:
increase access to, availability of, and quality of (i) in subparagraph (F), by striking ‘‘or’’ at ‘‘(D) The provider will provide and administer
home and community-based services. the end; an approved COVID–19 vaccine to a vaccine-eli-
(C) DISSEMINATION OF EVALUATION FIND- (ii) in subparagraph (G), by striking ‘‘; and’’ gible child in accordance with the same require-
INGS.—The Secretary shall— and inserting ‘‘, or’’; and ments as apply under the preceding subpara-
(i) disseminate the findings from the evalua- (iii) by adding at the end the following sub- graphs to the provision and administration of a
tions conducted under this paragraph to— paragraphs: qualified pediatric vaccine to such a child.’’;
(I) all State Medicaid directors; and ‘‘(H) during the portion of the emergency pe- and
(II) the Committee on Energy and Commerce riod described in paragraph (1)(B) of section (3) in subsection (d)(1), in the first sentence,
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of the House of Representatives, the Committee 1135(g) beginning on the date of the enactment by inserting ‘‘, including, during the portion of
on Finance of the Senate, and the Special Com- of this subparagraph, a COVID–19 vaccine li- the emergency period described in paragraph
mittee on Aging of the Senate; and censed under section 351 of the Public Health (1)(B) of section 1135(g) beginning on the date of
(ii) make all evaluation findings publicly Service Act, or approved or authorized under the enactment of The Heroes Act, with respect
available in an accessible electronic format and section 505 or 564 of the Federal Food, Drug, to a COVID–19 vaccine licensed under section
any other accessible format determined appro- and Cosmetic Act, and the administration of 351 of the Public Health Service Act, or ap-
priate by the Secretary. such vaccine, or proved or authorized under section 505 or 564 of
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2075
the Federal Food, Drug, and Cosmetic Act’’ be- ment of COVID–19, including drugs approved or SEC. 30107. MEDICAID COVERAGE FOR CITIZENS
fore the period. authorized under section 505 or 564 of the Fed- OF FREELY ASSOCIATED STATES.
(c) CHIP.— eral Food, Drug, and Cosmetic Act, or, in the (a) IN GENERAL.—Section 402(b)(2) of the Per-
(1) IN GENERAL.—Section 2103(c) of the Social case of an individual who is diagnosed with or sonal Responsibility and Work Opportunity
Security Act (42 U.S.C. 1397cc(c)) is amended by presumed to have COVID–19, during the period Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is
adding at the end the following paragraph: such individual is infected (or presumed in- amended by adding at the end the following
‘‘(11) COVERAGE OF COVID–19 VACCINES AND fected) with COVID–19, the treatment of a con- new subparagraph:
TREATMENT.—Regardless of the type of coverage dition that may complicate the treatment of ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS OF
elected by a State under subsection (a), child COVID–19, and any services described in section FREELY ASSOCIATED STATES.—With respect to eli-
health assistance provided under such coverage 1916(a)(2)(G)’’. gibility for benefits for the designated Federal
for targeted low-income children and, in the (b) DEFINITION OF UNINSURED INDIVIDUAL.— program defined in paragraph (3)(C) (relating to
case that the State elects to provide pregnancy- (1) IN GENERAL.—Subsection (ss) of section the Medicaid program), section 401(a) and para-
related assistance under such coverage pursuant 1902 of the Social Security Act (42 U.S.C. 1396a) graph (1) shall not apply to any individual who
to section 2112, such pregnancy-related assist- is amended to read as follows: lawfully resides in 1 of the 50 States or the Dis-
ance for targeted low-income pregnant women ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For
trict of Columbia in accordance with the Com-
(as defined in section 2112(d)) shall include cov- purposes of this section, the term ‘uninsured in-
pacts of Free Association between the Govern-
erage, during the portion of the emergency pe- dividual’ means, notwithstanding any other
ment of the United States and the Governments
riod described in paragraph (1)(B) of section provision of this title, any individual who is not
of the Federated States of Micronesia, the Re-
1135(g) beginning on the date of the enactment covered by minimum essential coverage (as de-
public of the Marshall Islands, and the Republic
of this paragraph, of— fined in section 5000A(f)(1) of the Internal Rev-
of Palau and shall not apply, at the option of
‘‘(A) a COVID–19 vaccine licensed under sec- enue Code of 1986).’’.
(2) EFFECTIVE DATE.—The amendment made the Governor of Puerto Rico, the Virgin Islands,
tion 351 of the Public Health Service Act, or ap- Guam, the Northern Mariana Islands, or Amer-
proved or authorized under section 505 or 564 of by paragraph (1) shall take effect and apply as
if included in the enactment of the Families ican Samoa as communicated to the Secretary of
the Federal Food, Drug, and Cosmetic Act, and Health and Human Services in writing, to any
First Coronavirus Response Act (Public Law
the administration of such vaccine; and individual who lawfully resides in the respective
‘‘(B) any item or service furnished for the 116–127).
(c) CLARIFICATION REGARDING EMERGENCY territory in accordance with such Compacts.’’.
treatment of COVID–19, including drugs ap- (b) EXCEPTION TO 5–YEAR LIMITED ELIGI-
SERVICES FOR CERTAIN INDIVIDUALS.—Section
proved or authorized under such section 505 or BILITY.—Section 403(d) of such Act (8 U.S.C.
1903(v)(2) of the Social Security Act (42 U.S.C.
such section 564, or, in the case of an individual 1613(d)) is amended—
1396b(v)(2)) is amended by adding at the end the
who is diagnosed with or presumed to have (1) in paragraph (1), by striking ‘‘or’’ at the
following flush sentence:
COVID–19, during the portion of such emer- ‘‘For purposes of subparagraph (A), care and end;
gency period during which such individual is services described in such subparagraph include (2) in paragraph (2), by striking the period at
infected (or presumed infected) with COVID–19, any in vitro diagnostic product described in sec- the end and inserting ‘‘; or’’; and
the treatment of a condition that may com- tion 1905(a)(3)(B) (and the administration of
plicate the treatment of COVID–19.’’. (3) by adding at the end the following new
such product), any COVID–19 vaccine (and the paragraph:
(2) PROHIBITION OF COST SHARING.—Section
administration of such vaccine), any item or ‘‘(3) an individual described in section
2103(e)(2) of the Social Security Act (42 U.S.C.
service that is furnished for the treatment of 402(b)(2)(G), but only with respect to the des-
1397cc(e)(2)), as amended by section 6004(b)(3) of
COVID–19, including drugs approved or author- ignated Federal program defined in section
the Families First Coronavirus Response Act, is
ized under section 505 or 564 of the Federal 402(b)(3)(C).’’.
amended—
Food, Drug, and Cosmetic Act, or a condition (c) DEFINITION OF QUALIFIED ALIEN.—Section
(A) in the paragraph header, by inserting ‘‘A
that may complicate the treatment of COVID– 431(b) of such Act (8 U.S.C. 1641(b)) is amend-
COVID–19 VACCINE, COVID–19 TREATMENT,’’ before
19, and any services described in section ed—
‘‘OR PREGNANCY-RELATED ASSISTANCE’’; and
1916(a)(2)(G).’’. (1) in paragraph (6), by striking ‘‘; or’’ at the
(B) by striking ‘‘visits described in section
(d) INCLUSION OF COVID–19 CONCERN AS AN
1916(a)(2)(G), or’’ and inserting ‘‘services de- end and inserting a comma;
EMERGENCY CONDITION.—Section 1903(v)(3) of
scribed in section 1916(a)(2)(G), vaccines de- (2) in paragraph (7), by striking the period at
the Social Security Act (42 U.S.C. 1396b(v)(3)) is
scribed in section 1916(a)(2)(H) administered the end and inserting ‘‘, or’’; and
amended by adding at the end the following
during the portion of the emergency period de- (3) by adding at the end the following new
flush sentence:
scribed in paragraph (1)(B) of section 1135(g) be- ‘‘Such term includes any indication that an paragraph:
ginning on the date of the enactment of The He- alien described in paragraph (1) may have con- ‘‘(8) an individual who lawfully resides in the
roes Act, items or services described in section tracted COVID–19.’’. United States in accordance with a Compact of
1916(a)(2)(I) furnished during such emergency SEC. 30106. EXTENSION OF FULL FEDERAL MED- Free Association referred to in section
period, or’’. ICAL ASSISTANCE PERCENTAGE TO 402(b)(2)(G), but only with respect to the des-
(d) CONFORMING AMENDMENTS.—Section 1937 INDIAN HEALTH CARE PROVIDERS. ignated Federal program defined in section
of the Social Security Act (42 U.S.C. 1396u–7) is Section 1905 of the Social Security Act (42 402(b)(3)(C) (relating to the Medicaid pro-
amended— U.S.C. 1396d) is amended— gram).’’.
(1) in subsection (a)(1)(B), by inserting ‘‘, (1) in subsection (a), by amending paragraph (d) APPLICATION TO STATE PLANS.—Section
under subclause (XXIII) of section (9) to read as follows: 1902(a)(10)(A)(i) of the Social Security Act (42
1902(a)(10)(A)(ii),’’ after ‘‘section ‘‘(9) clinic services furnished by or under the U.S.C. 1396a(a)(10)(A)(i)) is amended by insert-
1902(a)(10)(A)(i)’’; and direction of a physician, without regard to ing after subclause (IX) the following:
(2) in subsection (b)(5), by adding before the whether the clinic itself is administered by a ‘‘(X) who are described in section 402(b)(2)(G)
period the following: ‘‘, and, effective on the physician, including— of the Personal Responsibility and Work Oppor-
date of the enactment of The Heroes Act, must ‘‘(A) such services furnished outside the clinic
tunity Reconciliation Act of 1996 and eligible for
comply with subparagraphs (F) through (I) of by clinic personnel to an eligible individual who
benefits under this title by reason of application
subsections (a)(2) and (b)(2) of section 1916 and does not reside in a permanent dwelling or does
of such section;’’.
subsection (b)(3)(B) of section 1916A’’. not have a fixed home or mailing address; and
‘‘(B) for the period beginning on July 1, 2020, (e) CONFORMING AMENDMENTS.—Section 1108
(e) EFFECTIVE DATE.—The amendments made
and ending on June 30, 2021, such services pro- of the Social Security Act (42 U.S.C. 1308) is
by this section shall take effect on the date of
vided outside the clinic on the basis of a referral amended—
enactment of this Act and shall apply with re-
spect to a COVID–19 vaccine beginning on the from a clinic administered by an Indian Health (1) in subsection (f), in the matter preceding
date that such vaccine is licensed under section Program (as defined in paragraph (12) of section paragraph (1), by striking ‘‘subsections (g) and
351 of the Public Health Service Act (42 U.S.C. 4 of the Indian Health Care Improvement Act, (h) and section 1935(e)(1)(B)’’ and inserting
262), or approved or authorized under section or an Urban Indian Organization as defined in ‘‘subsections (g), (h), and (i) and section
505 or 564 of the Federal Food, Drug, and Cos- paragraph (29) of section 4 of such Act that has 1935(e)(1)(B)’’; and
metic Act. a grant or contract with the Indian Health (2) by adding at the end the following:
SEC. 30105. OPTIONAL COVERAGE AT NO COST Service under title V of such Act;’’. ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EX-
SHARING OF COVID–19 TREATMENT (2) in subsection (b), by inserting after ‘‘(as PENDITURES FOR CITIZENS OF FREELY ASSOCI-
AND VACCINES UNDER MEDICAID defined in section 4 of the Indian Health Care ATED STATES.—Expenditures for medical assist-
FOR UNINSURED INDIVIDUALS. Improvement Act)’’ the following: ‘‘; for the pe- ance provided to an individual described in sec-
(a) IN GENERAL.—Section 1902(a)(10) of the riod beginning on July 1, 2020, and ending on tion 431(b)(8) of the Personal Responsibility and
Social Security Act (42 U.S.C. 1396a(a)(10) is June 30, 2021, the Federal medical assistance Work Opportunity Reconciliation Act of 1996 (8
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amended, in the matter following subparagraph percentage shall also be 100 per centum with re- U.S.C. 1641(b)(8)) shall not be taken into ac-
(G), by striking ‘‘and any visit described in sec- spect to amounts expended as medical assistance count for purposes of applying payment limits
tion 1916(a)(2)(G)’’ and inserting the following: for services which are received through an under subsections (f) and (g).’’.
‘‘, any COVID–19 vaccine that is administered Urban Indian organization (as defined in sec- (f) EFFECTIVE DATE.—The amendments made
during any such portion (and the administra- tion 4 of the Indian Health Care Improvement by this section shall apply to benefits for items
tion of such vaccine), any item or service that is Act) that has a grant or contract with the In- and services furnished on or after the date of
furnished during any such portion for the treat- dian Health Service under title V of such Act’’. the enactment of this Act.
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H2076 CONGRESSIONAL RECORD — HOUSE May 15, 2020
SEC. 30108. TEMPORARY INCREASE IN MEDICAID State, become effective retroactive to the start of ject to section 1903(i), including a specification
DSH ALLOTMENTS. the calendar quarter in which the first day of that the single State agency described in para-
(a) IN GENERAL.—Section 1923(f)(3) of the So- the emergency period described in paragraph graph (5) will ensure necessary transportation
cial Security Act (42 U.S.C. 1396r–4(f)(3)) is (1)(B) of section 1135(g) of the Social Security for beneficiaries under the State plan to and
amended— Act (42 U.S.C. 1320b–5(g)) occurs. from providers and a description of the methods
(1) in subparagraph (A), by striking ‘‘and sub- (d) BUDGET NEUTRALITY.—Budget neutrality that such agency will use to ensure such trans-
paragraph (E)’’ and inserting ‘‘and subpara- for extensions under this section shall be deemed portation’’.
graphs (E) and (F)’’; and to have been met at the conclusion of the exten- (2) APPLICATION WITH RESPECT TO BENCHMARK
(2) by adding at the end the following new sion period, and States receiving extensions BENEFIT PACKAGES AND BENCHMARK EQUIVALENT
subparagraph: under this section shall not be required to sub- COVERAGE.—Section 1937(a)(1) of the Social Se-
‘‘(F) TEMPORARY INCREASE IN ALLOTMENTS mit a budget neutrality analysis for the exten- curity Act (42 U.S.C. 1396u–7(a)(1)) is amend-
DURING CERTAIN PUBLIC HEALTH EMERGENCY.— sion period. ed—
The DSH allotment for any State for each of fis- (e) EXPEDITED APPLICATION PROCESS.—The (A) in subparagraph (A), by striking ‘‘sub-
cal years 2020 and 2021 is equal to 102.5 percent Federal and State public notice and comment section (E)’’ and inserting ‘‘subparagraphs (E)
of the DSH allotment that would be determined procedures or other time constraints otherwise and (F)’’; and
under this paragraph for the State for each re- applicable to demonstration project amendments (B) by adding at the end the following new
spective fiscal year without application of this shall be waived to expedite a State’s extension subparagraph:
subparagraph, notwithstanding subparagraphs request pursuant to this section. The Secretary ‘‘(F) NECESSARY TRANSPORTATION.—The State
(B) and (C). For each fiscal year after fiscal of Health and Human Services shall approve the may only exercise the option under subpara-
year 2021, the DSH allotment for a State for extension application within 45 days of a State’s graph (A)(i) if, subject to section 1903(i)(9) and
such fiscal year is equal to the DSH allotment submission of its request, or such other time- in accordance with section 1902(a)(4), the
that would have been determined under this frame as is mutually agreed to with the State. benchmark benefit package or benchmark equiv-
paragraph for such fiscal year if this subpara- (f) CONTINUATION OF SECRETARIAL AUTHORITY alent coverage described in such subparagraph
graph had not been enacted. UNDER DECLARED EMERGENCY.—This section (or the State)—
’’. does not restrict the Secretary of Health and ‘‘(i) ensures necessary transportation for indi-
(b) DSH ALLOTMENT ADJUSTMENT FOR TEN- Human Services from exercising existing flexi- viduals enrolled under such package or coverage
NESSEE.—Section 1923(f)(6)(A)(vi) of the Social bilities through demonstration projects operated to and from providers; and
Security Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is pursuant to section 1115 of the Social Security ‘‘(ii) provides a description of the methods
amended— Act (42 U.S.C. 1315) in conjunction with the that will be used to ensure such transportation.
(1) by striking ‘‘Notwithstanding any other COVID–19 public health emergency. ’’.
provision of this subsection’’ and inserting the (g) RULE OF CONSTRUCTION.—Nothing in this (3) LIMITATION ON FEDERAL FINANCIAL PAR-
following: section shall authorize the Secretary of Health TICIPATION.—Section 1903(i) of the Social Secu-
‘‘(I) IN GENERAL.—Notwithstanding any other and Human Service to approve or extend a rity Act (42 U.S.C. 1396b(i)) is amended by in-
provision of this subsection (except as provided waiver that fails to meet the requirements of sec- serting after paragraph (8) the following new
in subclause (II) of this clause)’’; and tion 1115 of the Social Security Act (42 U.S.C. paragraph:
(2) by adding at the end the following: 1315). ‘‘(9) with respect to any amount expended for
‘‘(II) TEMPORARY INCREASE IN ALLOTMENTS.— SEC. 30110. ALLOWING FOR MEDICAL ASSISTANCE non-emergency transportation described in sec-
The DSH allotment for Tennessee for each of UNDER MEDICAID FOR INMATES tion 1902(a)(4), unless the State plan provides
fiscal years 2020 and 2021 shall be equal to DURING 30-DAY PERIOD PRECEDING for the methods and procedures required under
$54,427,500.’’. RELEASE.
section 1902(a)(30)(A); or’’.
(c) SENSE OF CONGRESS.—It is the sense of (a) IN GENERAL.—The subdivision (A) fol- (4) EFFECTIVE DATE.—The amendments made
Congress that a State should prioritize making lowing paragraph (30) of section 1905(a) of the by this subsection shall take effect on the date
payments under the State plan of the State Social Security Act (42 U.S.C. 1396d(a)) is of the enactment of this Act and shall apply to
under title XIX of the Social Security Act (42 amended by inserting ‘‘and except during the transportation furnished on or after such date.
U.S.C. 1396 et seq.) (or a waiver of such plan) to 30-day period preceding the date of release of (b) MEDICAID PROGRAM INTEGRITY MEASURES
disproportionate share hospitals that have a such individual from such public institution’’ RELATED TO COVERAGE OF NONEMERGENCY MED-
higher share of COVID–19 patients relative to after ‘‘medical institution’’. ICAL TRANSPORTATION.—
other such hospitals in the State. (b) REPORT.—Not later than June 30, 2022, the (1) GAO STUDY.—Not later than two years
SEC. 30109. EXTENSION OF EXISTING SECTION Medicaid and CHIP Payment and Access Com- after the date of the enactment of this Act, the
1115 DEMONSTRATIONS. mission shall submit a report to Congress on the Comptroller General of the United States shall
(a) APPLICABILITY.—This section shall apply Medicaid inmate exclusion under the subdivi- conduct a study, and submit to Congress, a re-
with respect to demonstrations operated by sion (A) following paragraph (30) of section port on coverage under the Medicaid program
States pursuant to section 1115(a) of the Social 1905(a) of the Social Security Act (42 U.S.C. under title XIX of the Social Security Act of
Security Act (42 U.S.C. 1315(a)) to promote the 1396d(a)). Such report may, to the extent prac- nonemergency transportation to medically nec-
objectives of title XIX or XXI of the Social Secu- ticable, include the following information: essary services. Such study shall take into ac-
rity Act with a project term set to end on or be- (1) The number of incarcerated individuals
count the 2009 report of the Office of the Inspec-
fore February 28, 2021. who would otherwise be eligible to enroll for
tor General of the Department of Health and
(b) APPROVAL OF EXTENSION.—Upon request medical assistance under a State plan approved
Human Services, titled ‘‘Fraud and Abuse Safe-
by a State, the Secretary of Health and Human under title XIX of the Social Security Act (42
guards for Medicaid Nonemergency Medical
Services shall approve an extension of the dem- U.S.C. 1396 et seq.) (or a waiver of such a plan).
Transportation’’ (OEI–06–07–003200). Such re-
onstration project described in subsection (a) for (2) Access to health care for incarcerated indi-
port shall include the following:
a period up to and including December 31, 2021, viduals, including a description of medical serv-
(A) An examination of the 50 States and the
to ensure continuity of programs and funding ices generally available to incarcerated individ-
District of Columbia to identify safeguards to
during the emergency period described in section uals.
(3) A description of current practices related prevent and detect fraud and abuse with respect
1135(g)(1)(B) of the Social Security Act (42 to coverage under the Medicaid program of non-
to the discharge of incarcerated individuals, in-
U.S.C. 1320b–5(g)(1)(B)). emergency transportation to medically necessary
cluding how prisons interact with State Med-
(c) EXTENSION TERMS AND CONDITIONS.—(1) services.
icaid agencies to ensure that such individuals
The approval pursuant to this section shall ex- (B) An examination of transportation brokers
who are eligible to enroll for medical assistance
tend the terms and conditions that applied to to identify the range of safeguards against such
under a State plan or waiver described in para-
the demonstration project to the extension pe- fraud and abuse to prevent improper payments
graph (1) are so enrolled.
riod. Financial terms and conditions shall con- for such transportation.
(4) If determined appropriate by the Commis-
tinue at levels equivalent to the prior dem- (C) Identification of the numbers, types, and
sion, recommendations for Congress, the Depart-
onstration or program year. All demonstration outcomes of instances of fraud and abuse, with
ment of Health and Human Services, or States
program components shall be extended to oper- respect to coverage under the Medicaid program
regarding the Medicaid inmate exclusion.
ate through the end of the extension term. In its (5) Any other information that the Commis- of such transportation, that State Medicaid
request for an extension, the State shall identify sion determines would be useful to Congress. Fraud Control Units have investigated in recent
operational and programmatic changes nec- SEC. 30111. MEDICAID COVERAGE OF CERTAIN years.
essary to continue and stabilize programs into MEDICAL TRANSPORTATION. (D) Identification of commonalities or trends
the extension period and shall work with the (a) CONTINUING REQUIREMENT OF MEDICAID in program integrity, with respect to such cov-
Secretary of Health and Human Services to im- COVERAGE OF NECESSARY TRANSPORTATION.— erage, to inform risk management strategies of
plement such changes. (1) REQUIREMENT.—Section 1902(a)(4) of the States and the Centers for Medicare & Medicaid
dlhill on DSK120RN23PROD with HOUSE
(2) Notwithstanding the foregoing, the State Social Security Act (42 U.S.C. 1396a(a)(4)) is Services.
may request, and the Secretary of Health and amended— (2) STAKEHOLDER WORKING GROUP.—
Human Services may approve, modifications to a (A) by striking ‘‘and including provision for (A) IN GENERAL.—Not later than one year
demonstration project’s terms and conditions to utilization’’ and inserting ‘‘including provision after the date of the enactment of this Act, the
address the impact of the federally designated for utilization’’; and Secretary of Health and Human Services,
public health emergency with respect to COVID– (B) by inserting after ‘‘supervision of adminis- through the Centers of Medicare & Medicaid
19. Such modifications may, at the option of the tration of the plan’’ the following: ‘‘, and, sub- Services, shall convene a series of meetings to
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2077
obtain input from appropriate stakeholders to assistance under title XIX of the Social Security the Social Security Act, or the Secretary of De-
facilitate discussion and shared learning about Act which the Secretary of Health and Human fense under the TRICARE program, such plan,
the leading practices for improving Medicaid Services determines requires State legislation issuer, private entity, other health plan, State
program integrity, with respect to coverage of (other than legislation appropriating funds) in plan, or Secretary of Defense, as applicable,
nonemergency transportation to medically nec- order for the plan to meet the additional re- shall pay to the Secretary, not later than 1 year
essary services. quirement imposed by the amendments made by after such plan, issuer, private entity, other
(B) TOPICS.—The meetings convened under subparagraph (A), the State plan shall not be health plan, State plan, or Secretary of Defense
subparagraph (A) shall— regarded as failing to comply with the require- receives a notice under paragraph (3), such
(i) focus on ongoing challenges to Medicaid ments of such title solely on the basis of its fail- amount in accordance with this subsection.
program integrity as well as leading practices to ure to meet this additional requirement before (2) REQUIRED INFORMATION.—Not later than 9
address such challenges; and the first day of the first calendar quarter begin- months after the date of the enactment of this
(ii) address specific challenges raised by stake- ning after the close of the first regular session of Act, each group health plan, health insurance
holders involved in coverage under the Medicaid the State legislature that begins after the date of issuer, private entity, other health plan, State
program of nonemergency transportation to the enactment of this Act. For purposes of the plan, and Secretary of Defense described in
medically necessary services, including unique previous sentence, in the case of a State that paragraph (1) shall submit to the Secretary such
considerations for specific groups of Medicaid has a 2-year legislative session, each year of information as the Secretary determines nec-
beneficiaries meriting particular attention, such such session shall be deemed to be a separate essary for purposes of carrying out this sub-
as American Indians and tribal land issues or regular session of the State legislature. section. Such information so submitted shall be
accommodations for individuals with disabil- (5) ANALYSIS OF T–MSIS DATA.—Not later than updated by such plan, issuer, private entity,
ities. one year after the date of the enactment of this other health plan, State plan, or Secretary of
(C) STAKEHOLDERS.—Stakeholders described Act, the Secretary of Health and Human Serv- Defense, as applicable, at such time and in such
in subparagraph (A) shall include individuals ices, through the Centers for Medicare & Med- manner as specified by the Secretary.
from State Medicaid programs, brokers for non- icaid Services, shall analyze, and submit to Con- (3) REVIEW OF CLAIMS AND NOTIFICATION.—
emergency transportation to medically necessary gress a report on, the nation-wide data set The Secretary shall establish a process under
services that meet the criteria described in sec- under the Transformed Medicaid Statistical In- which claims for items and services for which
tion 1902(a)(70)(B) of the Social Security Act (42 formation System to identify recommendations the Secretary has paid an amount pursuant to
U.S.C. 1396a(a)(70)(B)), providers (including relating to coverage under the Medicaid pro- subsection (a)(1) are reviewed for purposes of
transportation network companies), Medicaid gram under title XIX of the Social Security Act identifying if such amount would otherwise
patient advocates, and such other individuals of nonemergency transportation to medically have been paid by a plan, issuer, private entity,
specified by the Secretary. necessary services. other health plan, State plan, or Secretary of
(3) GUIDANCE REVIEW.—Not later than 18 Defense described in paragraph (1). In the case
TITLE II—MEDICARE PROVISIONS
months after the date of the enactment of this such a claim is so identified, the Secretary shall
Act, the Secretary of Health and Human Serv- SEC. 30201. HOLDING MEDICARE BENEFICIARIES
HARMLESS FOR SPECIFIED COVID–19 determine the amount that would have been
ices, through the Centers for Medicare & Med- otherwise payable by such plan, issuer, private
TREATMENT SERVICES FURNISHED
icaid Services, shall assess guidance issued to UNDER PART A OR PART B OF THE entity, other health plan, State plan, or Sec-
States by the Centers for Medicare & Medicaid MEDICARE PROGRAM. retary of Defense and notify such plan, issuer,
Services relating to Federal requirements for (a) IN GENERAL.—Notwithstanding any other private entity, other health plan, State plan, or
nonemergency transportation to medically nec- provision of law, in the case of a specified Secretary of Defense of such amount.
essary services under the Medicaid program COVID–19 treatment service (as defined in sub- (4) ENFORCEMENT.—The Secretary may impose
under title XIX of the Social Security Act and section (b)) furnished during any portion of the a civil monetary penalty in an amount deter-
update such guidance as necessary to ensure emergency period described in paragraph (1)(B) mined appropriate by the Secretary in the case
States have appropriate and current guidance of section 1135(g) of the Social Security Act (42 of a plan, issuer, private entity, other health
in designing and administering coverage under U.S.C. 1320b-5(g)) beginning on or after the date plan, or State plan that fails to comply with a
the Medicaid program of nonemergency trans- of the enactment of this Act to an individual en- provision of this section. The provisions of sec-
portation to medically necessary services. titled to benefits under part A or enrolled under tion 1128A of the Social Security Act shall apply
(4) NEMT TRANSPORTATION PROVIDER AND part B of title XVIII of the Social Security Act to a civil monetary penalty imposed under the
DRIVER REQUIREMENTS.— (42 U.S.C. 1395 et seq.) for which payment is previous sentence in the same manner as such
(A) STATE PLAN REQUIREMENT.—Section made under such part A or such part B, the Sec- provisions apply to a penalty or proceeding
1902(a) of the Social Security Act (42 U.S.C. retary of Health and Human Services (in this under subsection (a) or (b) of such section.
1396a(a)) is amended— section referred to as the ‘‘Secretary’’) shall pro-
(i) by striking ‘‘and’’ at the end of paragraph (d) FUNDING.—The Secretary shall provide for
vide that— the transfer to the Centers for Medicare & Med-
(85); (1) any cost-sharing required (including any
(ii) by striking the period at the end of para- icaid Program Management Account from the
deductible, copayment, or coinsurance) applica- Federal Hospital Insurance Trust Fund and the
graph (86) and inserting ‘‘; and’’; and
(iii) by inserting after paragraph (86) the fol- ble to such individual under such part A or such Federal Supplementary Trust Fund (in such
lowing new paragraph: part B with respect to such item or service is portions as the Secretary determines appro-
‘‘(87) provide for a mechanism, which may in- paid by the Secretary; and priate) $100,000,000 for purposes of carrying out
clude attestation, that ensures that, with re- (2) the provider of services or supplier (as de- this section.
spect to any provider (including a transpor- fined in section 1861 of the Social Security Act (e) REPORT.—Not later than 3 years after the
tation network company) or individual driver of (42 U.S.C. 1395x)) does not hold such individual date of the enactment of this Act, the Inspector
nonemergency transportation to medically nec- liable for such requirement. General of the Department of Health and
(b) DEFINITION OF SPECIFIED COVID–19 Human Services shall submit to Congress a re-
essary services receiving payments under such
TREATMENT SERVICES.—For purposes of this sec- port containing an analysis of amounts paid
plan (but excluding any public transit author-
tion, the term ‘‘specified COVID–19 treatment pursuant to subsection (a)(1) compared to
ity), at a minimum—
‘‘(A) each such provider and individual driver service’’ means any item or service furnished to amounts paid to the Secretary pursuant to sub-
is not excluded from participation in any Fed- an individual for which payment may be made section (c).
eral health care program (as defined in section under part A or part B of title XVIII of the So- (f) IMPLEMENTATION.—Notwithstanding any
1128B(f)) and is not listed on the exclusion list cial Security Act (42 U.S.C. 1395 et seq.) if such other provision of law, the Secretary may imple-
of the Inspector General of the Department of item or service is included in a claim with an ment the provisions of this section by program
Health and Human Services; ICD–10–CM code relating to COVID–19 (as de- instruction or otherwise.
‘‘(B) each such individual driver has a valid scribed in the document entitled ‘‘ICD–10–CM SEC. 30202. ENSURING COMMUNICATIONS ACCES-
driver’s license; Official Coding Guidelines - Supplement Coding SIBILITY FOR RESIDENTS OF
‘‘(C) each such provider has in place a process encounters related to COVID–19 Coronavirus SKILLED NURSING FACILITIES DUR-
to address any violation of a State drug law; Outbreak’’ published on February 20, 2020, or as ING THE COVID–19 EMERGENCY PE-
and otherwise specified by the Secretary). RIOD.
‘‘(D) each such provider has in place a process (c) RECOVERY OF COST-SHARING AMOUNTS (a) IN GENERAL.—Section 1819(c)(3) of the So-
to disclose to the State Medicaid program the PAID BY THE SECRETARY IN THE CASE OF SUP- cial Security Act (42 U.S.C. 1395i–3(c)(3)) is
driving history, including any traffic violations, PLEMENTAL INSURANCE COVERAGE.— amended—
of each such individual driver employed by such (1) IN GENERAL.—In the case of any amount (1) in subparagraph (D), by striking ‘‘and’’ at
provider, including any traffic violations.’’. paid by the Secretary pursuant to subsection the end;
(B) EFFECTIVE DATE.— (a)(1) that the Secretary determines would oth- (2) in subparagraph (E), by striking the period
(i) IN GENERAL.—Except as provided in clause erwise have been paid by a group health plan or and inserting ‘‘; and’’; and
dlhill on DSK120RN23PROD with HOUSE
(ii), the amendments made by subparagraph (A) health insurance issuer (as such terms are de- (3) by adding at the end the following new
shall take effect on the date of the enactment of fined in section 2791 of the Public Health Service subparagraph:
this Act and shall apply to services furnished on Act (42 U.S.C. 300gg–91)), a private entity offer- ‘‘(F) provide for reasonable access to the use
or after the date that is one year after the date ing a medicare supplemental policy under sec- of a telephone, including TTY and TDD services
of the enactment of this Act. tion 1882 of the Social Security Act (42 U.S.C. (as defined for purposes of section 483.10 of title
(ii) EXCEPTION IF STATE LEGISLATION RE- 1395ss), any other health plan offering supple- 42, Code of Federal Regulations (or a successor
QUIRED.—In the case of a State plan for medical mental coverage, a State plan under title XIX of regulation)), and the internet (to the extent
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H2078 CONGRESSIONAL RECORD — HOUSE May 15, 2020
available to the facility) and inform each such is amended by adding at the end the following (III) in subparagraph (D)(i), by striking
resident (or a representative of such resident) of new clause: ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4)
such access and any changes in policies or pro- ‘‘(vii) SPECIAL COVERAGE RULES FOR SPECIFIED and (8)’’;
cedures of such facility relating to limitations COVID–19 TREATMENT SERVICES.—Notwith- (iii) in paragraph (4)(A)(i), by striking ‘‘The
on external visitors.’’. standing clause (i), in the case of a specified coverage’’ and inserting ‘‘Subject to paragraph
(b) COVID–19 PROVISIONS.— COVID–19 treatment service (as defined in sec- (8), the coverage’’; and
(1) GUIDANCE.—Not later than 15 days after tion 30201(b) of The Heroes Act) that is fur- (iv) by adding at the end the following new
the date of the enactment of this Act, the Sec- nished during a plan year occurring during any paragraph:
retary of Health and Human Service shall issue portion of the emergency period defined in sec- ‘‘(8) ELIMINATION OF COST-SHARING FOR DRUGS
guidance on steps skilled nursing facilities may tion 1135(g)(1)(B) beginning on or after the date INTENDED TO TREAT COVID–19.—The coverage
take to ensure residents have access to televisi- of the enactment of this clause, a Medicare Ad- does not impose any deductible, copayment, co-
tation during the emergency period defined in vantage plan may not, with respect to such insurance, or other cost-sharing requirement for
section 1135(g)(1)(B) of the Social Security Act service, impose— drugs described in section 1860D–4(b)(3)(I)(i)(I)
(42 U.S.C. 1320b–5(g)(1)(B)). Such guidance ‘‘(I) any cost-sharing requirement (including with respect to a plan year, any portion of
shall include information on how such facilities a deductible, copayment, or coinsurance re- which occurs during the period during which
will notify residents of such facilities, represent- quirement); and there exists the public health emergency de-
atives of such residents, and relatives of such ‘‘(II) in the case such service is a critical spec- clared by the Secretary pursuant to section 319
residents of the rights of such residents to such ified COVID–19 treatment service (including of the Public Health Service Act on January 31,
televisitation, and ensure timely and equitable ventilator services and intensive care unit serv- 2020, entitled ‘Determination that a Public
access to such televisitation. ices), any prior authorization or other utiliza- Health Emergency Exists Nationwide as the Re-
(2) REVIEW OF FACILITIES.—The Secretary of tion management requirement. sult of the 2019 Novel Coronavirus’ (including
Health and Human Services shall take such A Medicare Advantage plan may not take the any renewal of such declaration pursuant to
steps as determined appropriate by the Secretary application of this clause into account for pur- such section).’’; and
to ensure that residents of skilled nursing facili- poses of a bid amount submitted by such plan (B) in subsection (c), by adding at the end the
ties and relatives of such residents are made under section 1854(a)(6).’’. following new paragraph:
aware of the access rights described in section (b) IMPLEMENTATION.—Notwithstanding any ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR
1819(c)(3)(F) of the Social Security Act (42 other provision of law, the Secretary of Health DRUGS INTENDED TO TREAT COVID–19.—The cov-
U.S.C. 1395i–3(c)(3)(F)). and Human Services may implement the amend- erage is in accordance with subsection (b)(8).’’.
SEC. 30203. MEDICARE HOSPITAL INPATIENT PRO- ments made by this section by program instruc- (2) ELIMINATION OF COST-SHARING FOR DRUGS
SPECTIVE PAYMENT SYSTEM tion or otherwise. INTENDED TO TREAT COVID–19 DISPENSED TO INDI-
OUTLIER PAYMENTS FOR COVID–19 SEC. 30205. REQUIRING COVERAGE UNDER MEDI- VIDUALS WHO ARE SUBSIDY ELIGIBLE INDIVID-
PATIENTS DURING CERTAIN EMER- CARE PDPS AND MA–PD PLANS,
GENCY PERIOD. UALS.—Section 1860D–14(a) of the Social Secu-
WITHOUT THE IMPOSITION OF COST
(a) IN GENERAL.—Section 1886(d)(5)(A) of the rity Act (42 U.S.C. 1395w–114(a)) is amended—
SHARING OR UTILIZATION MANAGE-
Social Security Act (42 U.S.C. 1395ww(d)(5)(A)) MENT REQUIREMENTS, OF DRUGS
(A) in paragraph (1)—
is amended— INTENDED TO TREAT COVID–19 DUR- (i) in subparagraph (D)—
(1) in clause (ii), by striking ‘‘For cases’’ and ING CERTAIN EMERGENCIES. (I) in clause (ii), by striking ‘‘In the case of’’
inserting ‘‘Subject to clause (vii), for cases’’; (a) COVERAGE REQUIREMENT.— and inserting ‘‘Subject to subparagraph (F), in
(2) in clause (iii), by striking ‘‘The amount’’ (1) IN GENERAL.—Section 1860D–4(b)(3) of the the case of’’; and
and inserting ‘‘Subject to clause (vii), the Social Security Act (42 U.S.C. 1395w–104(b)(3)) is (II) in clause (iii), by striking ‘‘In the case of’’
amount’’; amended by adding at the end the following and inserting ‘‘Subject to subparagraph (F), in
(3) in clause (iv), by striking ‘‘The total new subparagraph: the case of’’; and
amount’’ and inserting ‘‘Subject to clause (vii), ‘‘(I) REQUIRED INCLUSION OF DRUGS INTENDED (ii) by adding at the end the following new
the total amount’’; and TO TREAT COVID–19.— subparagraph:
(4) by adding at the end the following new ‘‘(i) IN GENERAL.—Notwithstanding any other ‘‘(F) ELIMINATION OF COST-SHARING FOR
clause: provision of law, a PDP sponsor offering a pre- DRUGS INTENDED TO TREAT COVID–19.—Coverage
‘‘(vii) For discharges that have a primary or scription drug plan shall, with respect to a plan that is in accordance with section 1860D–
secondary diagnosis of COVID–19 and that year, any portion of which occurs during the 2(b)(8).’’; and
occur during the period beginning on the date of period described in clause (ii), be required to— (B) in paragraph (2)—
the enactment of this clause and ending on the ‘‘(I) include in any formulary— (i) in subparagraph (B), by striking ‘‘A reduc-
sooner of January 31, 2021, or the last day of the ‘‘(aa) all covered part D drugs with a medi- tion’’ and inserting ‘‘Subject to subparagraph
emergency period described in section cally accepted indication (as defined in section (F), a reduction’’;
1135(g)(1)(B), the amount of any additional pay- 1860D–2(e)(4)) to treat COVID–19 that are mar- (ii) in subparagraph (D), by striking ‘‘The
ment under clause (ii) for a subsection (d) hos- keted in the United States; and substitution’’ and inserting ‘‘Subject to subpara-
pital for such a discharge shall be determined as ‘‘(bb) all drugs authorized under section 564 graph (F), the substitution’’;
if— or 564A of the Federal Food, Drug, and Cos- (iii) in subparagraph (E), by inserting after
‘‘(I) clause (ii) was amended by striking ‘plus metic Act to treat COVID–19; and ‘‘Subject to’’ the following: ‘‘subparagraph (F)
a fixed dollar amount determined by the Sec- ‘‘(II) not impose any prior authorization or and’’; and
retary’; other utilization management requirement with (iv) by adding at the end the following new
‘‘(II) the reference in clause (iii) to ‘approxi- respect to such drugs described in item (aa) or subparagraph:
mate the marginal cost of care beyond the cutoff (bb) of subclause (I) (other than such a require- ‘‘(F) ELIMINATION OF COST-SHARING FOR
point applicable under clause (i) or (ii)’ were a ment that limits the quantity of drugs due to DRUGS INTENDED TO TREAT COVID–19.—Coverage
reference to ‘approximate the marginal cost of safety). that is in accordance with section 1860D–
care beyond the cutoff point applicable under ‘‘(ii) PERIOD DESCRIBED.—For purposes of 2(b)(8).’’.
clause (i), or, in the case of an additional pay- clause (i), the period described in this clause is (c) IMPLEMENTATION.—Notwithstanding any
ment requested under clause (ii), be equal to 100 the period during which there exists the public other provision of law, the Secretary of Health
percent of the amount by which the costs of the health emergency declared by the Secretary pur- and Human Services may implement the amend-
discharge for which such additional payment is suant to section 319 of the Public Health Service ments made by this section by program instruc-
so requested exceed the applicable DRG prospec- Act on January 31, 2020, entitled ‘Determination tion or otherwise.
tive payment rate’; and that a Public Health Emergency Exists Nation- SEC. 30206. MODIFYING THE ACCELERATED AND
‘‘(III) clause (iv) does not apply.’’. wide as the Result of the 2019 Novel ADVANCE PAYMENT PROGRAMS
(b) EXCLUSION FROM REDUCTION IN AVERAGE Coronavirus’ (including any renewal of such UNDER PARTS A AND B OF THE
STANDARDIZED AMOUNTS PAYABLE TO HOS- MEDICARE PROGRAM DURING THE
declaration pursuant to such section).’’.
PITALS LOCATED IN CERTAIN AREAS.—Section COVID–19 EMERGENCY.
(b) ELIMINATION OF COST SHARING.—
1886(d)(3)(B) of the Social Security Act (42 (1) ELIMINATION OF COST-SHARING FOR DRUGS (a) SPECIAL REPAYMENT RULES.—
U.S.C. 1395ww(d)(3)(B)) is amended by inserting INTENDED TO TREAT COVID–19 UNDER STANDARD (1) PART A.—Section 1815(f)(2)(C) of the Social
before the period the following: ‘‘, other than AND ALTERNATIVE PRESCRIPTION DRUG COV- Security Act (42 U.S.C. 1395g(f)(2)(C)) is amend-
additional payments described in clause (vii) of ERAGE.—Section 1860D–2 of the Social Security ed to read as follows:
such paragraph’’. Act (42 U.S.C. 1395w–102) is amended— ‘‘(C) In the case of an accelerated payment
(c) IMPLEMENTATION.—Notwithstanding any (A) in subsection (b)— made under the program under subsection (e)(3)
other provision of law, the Secretary of Health (i) in paragraph (1)(A), by striking ‘‘The cov- on or after the date of the enactment of the
and Human Services may implement the amend- erage’’ and inserting ‘‘Subject to paragraph (8), CARES Act and so made during the emergency
ments made by this section by program instruc- the coverage’’; period described in section 1135(g)(1)(B)—
dlhill on DSK120RN23PROD with HOUSE
tion or otherwise. (ii) in paragraph (2)— ‘‘(i) such payment shall be treated as if such
SEC. 30204. COVERAGE OF TREATMENTS FOR (I) in subparagraph (A), by inserting after payment were made from the General Fund of
COVID–19 AT NO COST SHARING ‘‘Subject to subparagraphs (C) and (D)’’ the fol- the Treasury; and
UNDER THE MEDICARE ADVANTAGE lowing: ‘‘and paragraph (8)’’; ‘‘(ii) upon request of the hospital, the Sec-
PROGRAM. (II) in subparagraph (C)(i), by striking ‘‘para- retary shall—
(a) IN GENERAL.—Section 1852(a)(1)(B) of the graph (4)’’ and inserting ‘‘paragraphs (4) and ‘‘(I) provide up to 1 year before claims are off-
Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) (8)’’; and set to recoup such payment;
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2079
‘‘(II) provide that any such offset of a claim (i) The total amount of all specified payments graph (2)(B) is designated (or a portion of such
to recoup such payment shall not exceed 25 per- for which claims have been offset to recoup such facility is so designated) as a COVID–19 treat-
cent of the amount of such claim; and payment or the balance has been repaid. ment center and receives incentive payments
‘‘(III) allow not less than 2 years from the (ii) The amount of interest that has accrued under section 1888(e)(13).
date of the first accelerated payment before re- with respect to all specified payments. ‘‘(2) DESIGNATION.—
quiring that the outstanding balance be paid in (B) SPECIFIED PAYMENTS.—For purposes of ‘‘(A) IN GENERAL.—A skilled nursing facility
full.’’. subparagraph (A), the term ‘‘specified pay- may elect to be designated (or to have a portion
(2) PART B.—In carrying out the program de- ments’’ means all payments made under section of such facility designated) as a COVID–19
scribed in section 421.214 of title 42, Code of Fed- 1815(e)(3) of the Social Security Act (42 U.S.C. treatment center under the program established
eral Regulations (or any successor regulation), 1395g(e)(3)) or under the program described in under paragraph (1) if the facility submits to
in the case of a payment made under such pro- section 421.214 of title 42, Code of Federal Regu- the Secretary, at a time and in a manner speci-
gram on or after the date of the enactment of lations (or any successor regulation) made on or fied by the Secretary, an application for such
the CARES Act (Public Law 116–136) and so after the date of the enactment of the CARES designation that contains such information as
made during the emergency period described in Act (Public Law 116–136) during the emergency required by the Secretary and demonstrates that
section 1135(g)(1)(B) of the Social Security Act period described in such subparagraph. such facility meets the requirements described in
(42 U.S.C. 1320b–5(g)(1)(B)), the Secretary of SEC. 30207. MEDICARE SPECIAL ENROLLMENT PE- subparagraph (B).
Health and Human Services shall— RIOD FOR INDIVIDUALS RESIDING ‘‘(B) REQUIREMENTS.—The requirements de-
(A) treat such payment as if such payment IN COVID–19 EMERGENCY AREAS. scribed in this subparagraph with respect to a
were made from the General Fund of the Treas- (a) IN GENERAL.—Section 1837(i) of the Social skilled nursing facility are the following:
ury; and Security Act (42 U.S.C. 1395p(i)) is amended by ‘‘(i) The facility has a star rating with respect
(B) upon request of the entity receiving such adding at the end the following new paragraph: to staffing of 4 or 5 on the Nursing Home Com-
payment— ‘‘(5)(A) In the case of an individual who— pare website (as described in subsection (i)) and
(i) provide up to 1 year before claims are offset ‘‘(i) is eligible under section 1836 to enroll in has maintained such a rating on such website
to recoup such payment; the medical insurance program established by during the 2-year period ending on the date of
(ii) provide that any such offset of a claim to this part, the submission of the application described in
recoup such payment shall not exceed 25 percent ‘‘(ii) did not enroll (or elected not to be subparagraph (A).
of the amount of such claim; and deemed enrolled) under this section during an ‘‘(ii) The facility has a star rating of 4 or 5
(iii) allow not less than 2 years from the date enrollment period, and with respect to health inspections on such
‘‘(iii) during the emergency period (as de- website and has maintained such a rating on
of the first advance payment before requiring
scribed in section 1135(g)(1)(B)), resided in an such website during such period.
that the outstanding balance be paid in full.
emergency area (as described in such section), ‘‘(iii) During such period, the Secretary or a
(b) INTEREST RATES.—
there shall be a special enrollment period de- State has not found a deficiency with such fa-
(1) PART A.—Section 1815(d) of the Social Se-
scribed in subparagraph (B). cility relating to infection control that the Sec-
curity Act (42 U.S.C. 1395g(d)) is amended by in-
‘‘(B) The special enrollment period referred to retary or State determined immediately jeopard-
serting before the period at the end the fol-
in subparagraph (A) is the period that begins ized the health or safety of the residents of such
lowing: ‘‘(or, in the case of such a determination
not later than July 1, 2020, and ends on the last facility (as described in paragraph (1) or (2)(A)
made with respect to a payment made on or
day of the month in which the emergency period of subsection (h), as applicable).
after the date of the enactment of the CARES
(as described in section 1135(g)(1)(B)) ends.’’. ‘‘(iv) The facility provides care at such facil-
Act and during the emergency period described (b) COVERAGE PERIOD FOR INDIVIDUALS
in section 1135(g)(1)(B) under the program ity (or, in the case of an election made with re-
TRANSITIONING FROM OTHER COVERAGE.—Sec- spect to a portion of such facility, to provide
under subsection (e)(3), at a rate of 1 percent)’’. tion 1838(e) of the Social Security Act (42 U.S.C.
(2) PART B.—Section 1833(j) of the Social Secu- care in such portion of such facility) only to eli-
1395q(e)) is amended— gible individuals.
rity Act (42 U.S.C. 1395l(j)) is amended by insert- (1) by striking ‘‘pursuant to section 1837(i)(3) ‘‘(v) The facility arranges for and transfers all
ing before the period at the end the following: or 1837(i)(4)(B)—’’ and inserting the following: residents of such facility (or such portion of
‘‘(or, in the case of such a determination made ‘‘pursuant to— such facility, as applicable) who are not eligible
with respect to a payment made on or after the ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; individuals to other skilled nursing facilities (or
date of the enactment of the CARES Act and (2) by redesignating paragraphs (1) and (2) as other portions of such facility, as applicable).
during the emergency period described in section subparagraphs (A) and (B), respectively, and ‘‘(vi) The facility complies with the notice re-
1135(g)(1)(B) under the program described in moving the indentation of each such subpara- quirement described in paragraph (4).
section 421.214 of title 42, Code of Federal Regu- graph 2 ems to the right; ‘‘(vii) The facility meets the reporting require-
lations (or any successor regulation), at a rate (3) by striking the period at the end of the ment described in paragraph (5).
of 1 percent)’’. subparagraph (B), as so redesignated, and in- ‘‘(viii) Any other requirement determined ap-
(c) REPORT.— serting ‘‘; or’’; and propriate by the Secretary.
(1) REPORTS DURING COVID–19 EMERGENCY.— (4) by adding at the end the following new ‘‘(3) DURATION OF DESIGNATION.—
Not later than 2 weeks after the date of the en- paragraph: ‘‘(A) IN GENERAL.—A designation of a skilled
actment of this section, and every 2 weeks there- ‘‘(2) section 1837(i)(5), the coverage period nursing facility (or portion of such facility) as a
after during the emergency period described in shall begin on the first day of the month fol- COVID–19 treatment center shall begin on a
section 1135(g)(1)(B) of the Social Security Act lowing the month in which the individual so en- date specified by the Secretary and end upon
(42 U.S.C. 1320b–5(g)(1)(B)), the Secretary of rolls.’’. the earliest of the following:
Health and Human Services shall submit to the (c) FUNDING.—The Secretary of Health and ‘‘(i) The revocation of such designation under
Committee on Ways and Means and the Com- Human Services shall provide for the transfer subparagraph (B).
mittee on Energy and Commerce of the House of from the Federal Hospital Insurance Trust Fund ‘‘(ii) The submission of a notification by such
Representatives, and the Committee on Finance (as described in section 1817 of the Social Secu- facility to the Secretary that such facility elects
of the Senate, a report that includes the fol- rity Act (42 U.S.C. 1395i)) and the Federal Sup- to terminate such designation.
lowing: plementary Medical Insurance Trust Fund (as ‘‘(iii) The termination of the program (as spec-
(A) The total amount of payments made under described in section 1841 of such Act (42 U.S.C. ified in paragraph (6)).
section 1815(e)(3) of the Social Security Act (42 1395t)), in such proportions as determined ap- ‘‘(B) REVOCATION.—The Secretary may revoke
U.S.C. 1395g(e)(3)) and under the program de- propriate by the Secretary, to the Social Secu- the designation of a skilled nursing facility (or
scribed in section 421.214 of title 42, Code of Fed- rity Administration, of $30,000,000, to remain portion of such facility) as a COVID–19 treat-
eral Regulations (or any successor regulation) available until expended, for purposes of car- ment center if the Secretary determines that the
during the most recent 2-week period for which rying out the amendments made by this section. facility is no longer in compliance with a re-
data is available that precedes the date of the (d) IMPLEMENTATION.—Notwithstanding any quirement described in paragraph (2)(B).
submission of such report. other provision of law, the Secretary of Health ‘‘(4) RESIDENT NOTICE REQUIREMENT.—For
(B) The number of entities receiving such pay- and Human Services may implement the amend- purposes of paragraph (2)(B)(vi), the notice re-
ments during such period. ments made by this section by program instruc- quirement described in this paragraph is that,
(C) A specification of each such entity. tion or otherwise. not later than 72 hours before the date specified
(2) REPORTS AFTER COVID–19 EMERGENCY.— SEC. 30208. COVID–19 SKILLED NURSING FACILITY by the Secretary under paragraph (3)(A) with
(A) IN GENERAL.—Not later than 6 months PAYMENT INCENTIVE PROGRAM. respect to the designation of a skilled nursing
after the termination of the emergency period (a) IN GENERAL.—Section 1819 of the Social facility (or portion of such facility) as a
described in paragraph (1), and every 6 months Security Act (42 U.S.C. 1395i–3) is amended by COVID–19 treatment center, the facility pro-
thereafter until all specified payments (as de- adding at the end the following new subsection: vides a notification to each resident of such fa-
dlhill on DSK120RN23PROD with HOUSE
fined in subparagraph (B)) have been recouped ‘‘(k) COVID–19 DESIGNATION PROGRAM.— cility (and to appropriate representatives or
or repaid, the Secretary of Health and Human ‘‘(1) IN GENERAL.—Not later than 2 weeks family members of each such resident, as speci-
Services shall submit to the Committee on Ways after the date of the enactment of this sub- fied by the Secretary) that contains the fol-
and Means and the Committee on Energy and section, the Secretary shall establish a program lowing:
Commerce of the House of Representatives, and under which a skilled nursing facility that ‘‘(A) Notice of such designation.
the Committee on Finance of the Senate, a re- makes an election described in paragraph (2)(A) ‘‘(B) In the case such resident is not an eligi-
port that includes the following: and meets the requirements described in para- ble individual (and, in the case such designation
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H2080 CONGRESSIONAL RECORD — HOUSE May 15, 2020
is made only with respect to a portion of such SEC. 30209. FUNDING FOR STATE STRIKE TEAMS SEC. 30211. REQUIRING LONG TERM CARE FACILI-
facility, resides in such portion of such facil- FOR RESIDENT AND EMPLOYEE TIES TO REPORT CERTAIN INFORMA-
SAFETY IN SKILLED NURSING FA- TION RELATING TO COVID–19 CASES
ity)—
CILITIES AND NURSING FACILITIES. AND DEATHS.
‘‘(i) a specification of when and where such
(a) IN GENERAL.—Of the amounts made avail- (a) IN GENERAL.—The Secretary of Health and
resident will be transferred (or moved within
able under subsection (c), the Secretary of Human Services (in this section referred to as
such facility);
Health and Human Services (referred to in this the ‘‘Secretary’’) shall, as soon as practicable,
‘‘(ii) an explanation that, in lieu of such require that the information described in para-
transfer or move, such resident may arrange for section as the ‘‘Secretary’’) shall allocate such
amounts among the States, in a manner that graph (1) of section 483.80(g) of title 42, Code of
transfer to such other setting (including a home) Federal Regulations, or a successor regulation,
selected by the resident; and takes into account the percentage of skilled
nursing facilities and nursing facilities in each be reported by a facility (as defined for purposes
‘‘(iii) if such resident so arranges to be trans- of such section).
ferred to a home, information on Internet re- State that have residents or employees who have
been diagnosed with COVID–19, for purposes of (b) DEMOGRAPHIC INFORMATION.—The Sec-
sources for caregivers who elect to care for such retary shall post the following information with
resident at home. establishing and implementing strike teams in
accordance with subsection (b). respect to skilled nursing facilities (as defined in
‘‘(C) Contact information for the State long- section 1819(a) of the Social Security Act (42
term care ombudsman (established under section (b) USE OF FUNDS.—A State that receives
U.S.C. 1395i–3(a))) and nursing facilities (as de-
307(a)(12) of the Older Americans Act of 1965) funds under this section shall use such funds to
fined in section 1919(a) of such Act (42 U.S.C.
for the applicable State. establish and implement a strike team that will
1396r(a))) on the Nursing Home Compare website
‘‘(5) REPORTING REQUIREMENT.— be deployed to a skilled nursing facility or nurs-
(as described in section 1819(i) of the Social Se-
‘‘(A) IN GENERAL.—For purposes of paragraph ing facility in the State with diagnosed or sus- curity Act (42 U.S.C. 1395i–3(i))), or a successor
(2)(B)(vii), the reporting requirement described pected cases of COVID–19 among residents or website, aggregated by State:
in this paragraph is, with respect to a skilled staff for the purposes of assisting with clinical (1) The age, race/ethnicity, and preferred lan-
nursing facility, that the facility reports to the care, infection control, or staffing. guage of the residents of such skilled nursing
Secretary, weekly and in such manner specified (c) AUTHORIZATION OF APPROPRIATIONS.—For facilities and nursing facilities with suspected or
by the Secretary, the following (but only to the purposes of carrying out this section, there is confirmed COVID–19 infections, including resi-
extent the information described in clauses (i) authorized to be appropriated $500,000,000. dents previously treated for COVID–19.
through (vii) is not otherwise reported to the (d) DEFINITIONS.—In this section: (2) The age, race/ethnicity, and preferred lan-
Secretary weekly): (1) NURSING FACILITY.—The term ‘‘nursing fa- guage relating to total deaths and COVID–19
‘‘(i) The number of COVID–19 related deaths cility’’ has the meaning given such term in sec- deaths among residents of such skilled nursing
at such facility. tion 1919(a) of the Social Security Act (42 U.S.C. facilities and nursing facilities.
‘‘(ii) The number of discharges from such fa- 1396r(a)). (c) CONFIDENTIALITY.—Any information re-
cility. (2) SKILLED NURSING FACILITY.—The term ported under this section that is made available
‘‘(iii) The number of admissions to such facil- ‘‘skilled nursing facility’’ has the meaning given to the public shall be made so available in a
ity. such term in section 1819(a) of the Social Secu- manner that protects the identity of residents of
‘‘(iv) The number of beds occupied and the rity Act (42 U.S.C. 1395i–3(a)). skilled nursing facilities and nursing facilities.
(d) IMPLEMENTATION.—The Secretary may im-
number of beds available at such facility. SEC. 30210. PROVIDING FOR INFECTION CONTROL
plement the provisions of this section be pro-
‘‘(v) The number of residents on a ventilator SUPPORT TO SKILLED NURSING FA-
CILITIES THROUGH CONTRACTS gram instruction or otherwise.
at such facility.
WITH QUALITY IMPROVEMENT ORGA- SEC. 30212. FLOOR ON THE MEDICARE AREA
‘‘(vi) The number of clinical and nonclinical WAGE INDEX FOR HOSPITALS IN
NIZATIONS.
staff providing direct patient care at such facil- ALL-URBAN STATES.
ity. (a) IN GENERAL.—Section 1862(g) of the Social
(a) IN GENERAL.—Section 1886(d)(3)(E) of the
‘‘(vii) Such other information determined ap- Security Act (42 U.S.C. 1395y(g)) is amended—
Social Security Act (42 U.S.C. 1395ww(d)(3)(E))
propriate by the Secretary. (1) by striking ‘‘The Secretary’’ and inserting
is amended—
‘‘(B) NONAPPLICATION OF PAPERWORK REDUC- ‘‘(1) The Secretary’’; and (1) in clause (i), in the first sentence, by strik-
TION ACT.—Chapter 35 of title 44, United States (2) by adding at the end the following new ing ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and
Code (commonly known as the ‘Paperwork Re- paragraph: (2) by adding at the end the following new
duction Act’), shall not apply to the collection ‘‘(2)(A) The Secretary shall ensure that at clause:
of information under this paragraph. least 1 contract with a quality improvement or- ‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOS-
‘‘(6) DEFINITION.—For purposes of this sub- ganization described in paragraph (1) entered PITALS IN ALL-URBAN STATES.—
section, the term ‘eligible individual’ means an into on or after the date of the enactment of this ‘‘(I) IN GENERAL.—For discharges occurring on
individual who, during the 30-day period ending paragraph and before the end of the emergency or after October 1, 2021, the area wage index ap-
on the first day on which such individual is a period described in section 1135(g)(1)(B) (or in plicable under this subparagraph to any hos-
resident of a COVID–19 treatment center (on or effect as of such date) includes the requirement pital in an all-urban State (as defined in sub-
after the date such center is so designated), was that such organization provide to skilled nurs- clause (IV)) may not be less than the minimum
furnished a test for COVID–19 that came back ing facilities with cases of COVID–19 (or facili- area wage index for the fiscal year for hospitals
positive. ties attempting to prevent outbreaks of COVID– in that State, as established under subclause
‘‘(7) TERMINATION.—The program established 19) infection control support described in sub- (II).
under paragraph (1) shall terminate upon the paragraph (B) during such period. ‘‘(II) MINIMUM AREA WAGE INDEX.—For pur-
termination of the emergency period described in ‘‘(B) For purposes of subparagraph (A), the poses of subclause (I), the Secretary shall estab-
section 1135(g)(1)(B). infection control support described in this sub- lish a minimum area wage index for a fiscal
‘‘(8) PROHIBITION ON ADMINISTRATIVE AND JU- paragraph is, with respect to skilled nursing fa- year for hospitals in each all-urban State using
DICIAL REVIEW.—There shall be no administra- cilities described in such subparagraph, the de- the methodology described in section 412.64(h)(4)
tive or judicial review under section 1869, 1878, velopment and dissemination to such facilities of of title 42, Code of Federal Regulations, as in ef-
or otherwise of a designation of a skilled nurs- protocols relating to the prevention or mitiga- fect for fiscal year 2018.
ing facility (or portion of such facility) as a tion of COVID–19 at such facilities and the pro- ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pursu-
COVID–19 treatment center, or revocation of vision of training materials to such facilities re- ant to the fifth sentence of clause (i), this sub-
such a designation, under this subsection.’’. lating to such prevention or mitigation.’’. section shall not be applied in a budget neutral
(b) PAYMENT INCENTIVE.—Section 1888(e) of (b) FUNDING.—The Secretary of Health and manner.
‘‘(IV) ALL-URBAN STATE DEFINED.—In this
the Social Security Act (42 U.S.C. 1395yy(e)) is Human Services shall provide for the transfer
clause, the term ‘all-urban State’ means a State
amended— from the Federal Supplementary Medical Insur-
in which there are no rural areas (as defined in
(1) in paragraph (1), in the matter preceding ance Trust Fund (as described in section 1841 of
paragraph (2)(D)) or a State in which there are
subparagraph (A), by striking ‘‘and (12)’’ and the Social Security Act (42 U.S.C. 1395t)) and
no hospitals classified as rural under this sec-
inserting ‘‘(12), and (13)’’; and the Federal Hospital Insurance Trust Fund (as
tion.’’.
(2) by adding at the end the following new described in section 1817 of such Act (42 U.S.C. (b) WAIVING BUDGET NEUTRALITY.—
paragraph: 1395i)), in such proportions as determined ap- (1) TECHNICAL AMENDATORY CORRECTION.—
‘‘(13) ADJUSTMENT FOR COVID–19 TREATMENT propriate by the Secretary, to the Centers for Section 10324(a)(2) of Public Law 111–148 is
CENTERS.—In the case of a resident of a skilled Medicare & Medicaid Services Program Manage- amended by striking ‘‘third sentence’’ and in-
nursing facility that has been designated as a ment Account, of $210,000,000, to remain avail- serting ‘‘fifth sentence’’.
COVID–19 treatment center under section able until expended, for purposes of entering (2) WAIVER.—Section 1886(d)(3)(E)(i) of the
1819(k) (or in the case of a resident who resides into contracts with quality improvement organi- Social Security Act (42 U.S.C.
dlhill on DSK120RN23PROD with HOUSE
in a portion of such facility that has been so zations under part B of title XI of such Act (42 1395ww(d)(3)(E)(i)) is amended, in the fifth sen-
designated), if such resident is an eligible indi- U.S.C. 1320c et seq.). Of the amount transferred tence—
vidual (as defined in paragraph (5) of such sec- pursuant to the previous sentence, not less that (A) by striking ‘‘and the amendments’’ and
tion), the per diem amount of payment for such $110,000,000 shall be used for purposes of enter- inserting ‘‘, the amendments’’; and
resident otherwise applicable shall be increased ing into such a contract that includes the re- (B) by inserting ‘‘, and the amendments made
by 20 percent to reflect increased costs associ- quirement described in section 1862(g)(2)(A) of by section 30212 of The Heroes Act’’ after ‘‘Care
ated with such residents.’’. such Act (as added by subsection (a)). Act’’.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2081
SEC. 30213. RISK CORRIDOR PROGRAM FOR MEDI- termined and paid a volume decrease adjustment ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
CARE ADVANTAGE PLANS. under subparagraph (D)(ii) or (G)(iii) for a TAIN PUBLIC HEALTH EMERGENCY.—
(a) IN GENERAL.—Section 1853 of the Social specified cost reporting period, at the election of ‘‘(A) IN GENERAL.—The Secretary shall, sub-
Security Act (42 U.S.C. 1395w–23) is amended by the hospital, the Secretary of Health and ject to subparagraph (B), require an Exchange
adding at the end the following new subsection: Human Services shall replace the volume de- to provide—
‘‘(p) RISK CORRIDOR PROGRAM DURING THE crease adjustment subsequently determined for ‘‘(i) for a special enrollment period during the
COVID–19 EMERGENCY.— that specified cost reporting period by the medi- emergency period described in section
‘‘(1) IN GENERAL.—The Secretary shall estab- care administrative contractor with the volume 1135(g)(1)(B) of the Social Security Act—
lish and administer a program of risk corridors decrease adjustment initially determined and ‘‘(I) which shall begin on the date that is one
for each plan year, any portion of which occurs paid by the medicare administrative contractor week after the date of the enactment of this
during the emergency period defined in section for that specified cost reporting period. paragraph and which, in the case of an Ex-
1135(g)(1)(B), under which the Secretary shall ‘‘(ii)(I) Clause (i) shall not apply in the case change established or operated by the Secretary
make payments to MA organizations offering a of a sole community hospital or a medicare-de- within a State pursuant to section 1321(c), shall
Medicare Advantage plan based on the ratio of pendent, small rural hospital for which the be an 8-week period; and
the allowable costs of the plan to the aggregate ‘‘(II) during which any individual who is oth-
medicare administrative contractor determina-
premiums of the plan. erwise eligible to enroll in a qualified health
tion of the volume decrease adjustment with re-
‘‘(2) PAYMENT METHODOLOGY.—The Secretary plan through the Exchange may enroll in such
spect to a specified cost reporting period of the a qualified health plan; and
shall provide under the program established hospital is administratively final before the date
under paragraph (1) that if the allowable costs ‘‘(ii) that, in the case of an individual who
that is three years before the date of the enact- enrolls in a qualified health plan through the
for a Medicare Advantage plan for any plan ment of this section. Exchange during such enrollment period, the
year are more than 105 percent of the target ‘‘(II) For purposes of subclause (I), the date coverage period under such plan shall begin, at
amount, the Secretary shall pay to the plan an on which the medicare administrative contractor the option of the individual, on April 1, 2020, or
amount equal to 75 percent of the allowable determination with respect to a volume decrease on the first day of the month following the day
costs in excess of 105 percent of the target adjustment for a specified cost reporting period the individual selects a plan through such spe-
amount. is administratively final is the latest of the fol- cial enrollment period.
‘‘(3) TIMING.— lowing: ‘‘(B) EXCEPTION.—The requirement of sub-
‘‘(A) SUBMISSION OF INFORMATION BY PLANS.— ‘‘(aa) The date of the contractor determina- paragraph (A) shall not apply to a State-oper-
With respect to a plan year for which the pro- tion (as defined in section 405.1801 of title 42, ated or State-established Exchange if such Ex-
gram described in paragraph (1) is established Code of Federal Regulations). change, prior to the date of the enactment of
and administered, not later than July 1 of the ‘‘(bb) The date of the final outcome of any re- this paragraph, established or otherwise pro-
succeeding plan year each MA organization of- opening of the medicare administrative con- vided for a special enrollment period to address
fering a Medicare Advantage plan shall submit tractor determination under section 405.1885 of access to coverage under qualified health plans
to the Secretary such information as the Sec- title 42, Code of Federal Regulations. offered through such Exchange during the emer-
retary may require for purposes of carrying out ‘‘(cc) The date of the final outcome of the gency period described in section 1135(g)(1)(B) of
such program. final appeal filed by such hospital with respect the Social Security Act.’’.
‘‘(B) PAYMENT.—The Secretary shall pay to to such volume decrease adjustment for such (b) FEDERAL EXCHANGE OUTREACH AND EDU-
an MA organization offering a Medicare Advan- specified cost reporting period. CATIONAL ACTIVITIES.—Section 1321(c) of the
tage plan eligible to receive a payment under the ‘‘(iii) For purposes of this subparagraph, the Patient Protection and Affordable Care Act (42
program with respect to a plan year the amount term ‘specified cost reporting period’ means a U.S.C. 18041(c)) is amended by adding at the
provided under paragraph (2) for such plan cost reporting period of a sole community hos- end the following new paragraph:
year not later than 60 days after such organiza- pital or a medicare-dependent, small rural hos- ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI-
tion submits information with respect to such pital, as the case may be, that begins during a TIES.—
plan and plan year under subparagraph (A). fiscal year before fiscal year 2018.’’. ‘‘(A) IN GENERAL.—In the case of an Exchange
‘‘(4) DEFINITIONS.— established or operated by the Secretary within
SEC. 30215. DEEMING CERTAIN HOSPITALS TO BE
‘‘(A) ALLOWABLE COSTS.—The amount of al- LOCATED IN AN URBAN AREA FOR a State pursuant to this subsection, the Sec-
lowable costs of a MA organization offering a PURPOSES OF PAYMENT FOR INPA- retary shall carry out outreach and educational
Medicare Advantage plan for a plan year is an TIENT HOSPITAL SERVICES UNDER activities for purposes of informing potential en-
amount equal to the total costs (other than ad- THE MEDICARE PROGRAM. rollees in qualified health plans offered through
ministrative costs) of such plan in providing Section 1886(d)(10) of the Social Security Act the Exchange of the availability of coverage
benefits covered by such plan, but only to the (42 U.S.C. 1395ww(d)(10)) is amended by adding under such plans and financial assistance for
extent that such costs are incurred with respect at the end the following new subparagraph: coverage under such plans. Such outreach and
to such benefits for items and services that are ‘‘(G)(i) For purposes of payment under this educational activities shall be provided in a
benefits under the original medicare fee-for- subsection for discharges occurring during the manner that is culturally and linguistically ap-
service program option. 3-year period beginning on October 1, 2020, each propriate to the needs of the populations being
‘‘(B) TARGET AMOUNT.—The target amount hospital located in Albany, Saratoga, Schenec- served by the Exchange (including hard-to-
described in this paragraph is, with respect to a tady, Montgomery, or Rensselaer County of New reach populations, such as racial and sexual mi-
Medicare Advantage plan and a plan year, the York shall be deemed to be located in the large norities, limited English proficient populations,
total amount of payments paid to the MA orga- urban area of Hartford-West Hartford-East of and young adults).
nization for the plan for benefits under the Hartford, Connecticut (CBSA 25540). ‘‘(B) LIMITATION ON USE OF FUNDS.—No funds
original medicare fee-for-service program option ‘‘(ii) Any deemed location of a hospital pursu- appropriated under this paragraph shall be used
for the plan year, taking into account amounts ant to clause (i) shall be treated as a decision of for expenditures for promoting non-ACA compli-
paid by the Secretary and enrollees, based upon the Medicare Geographic Classification Review ant health insurance coverage.
the bid amount submitted under section 1854, re- ‘‘(C) NON-ACA COMPLIANT HEALTH INSURANCE
Board for purposes of paragraph (8)(D).’’.
COVERAGE.—For purposes of subparagraph (B):
duced by the total amount of administrative ex- TITLE III—PRIVATE INSURANCE ‘‘(i) The term ‘non-ACA compliant health in-
penses for the year assumed in such bid. PROVISIONS surance coverage’ means health insurance cov-
‘‘(5) FUNDING.—There are appropriated to the
Subtitle A—Health Plans erage, or a group health plan, that is not a
Centers for Medicare & Medicaid Services Pro-
SEC. 30301.
SPECIAL ENROLLMENT PERIOD
qualified health plan.
gram Management Account, out of any monies ‘‘(ii) Such term includes the following:
in the Treasury not otherwise obligated, such THROUGH EXCHANGES; FEDERAL
EXCHANGE OUTREACH AND EDU- ‘‘(I) An association health plan.
sums as may be necessary for purposes of car- ‘‘(II) Short-term limited duration insurance.
CATIONAL ACTIVITIES.
rying out this subsection.’’. ‘‘(D) FUNDING.—There are appropriated, out
(b) IMPLEMENTATION.—Notwithstanding any (a) SPECIAL ENROLLMENT PERIOD THROUGH
of any funds in the Treasury not otherwise ap-
other provision of law, the Secretary of Health EXCHANGES.—Section 1311(c) of the Patient Pro- propriated, $25,000,000, to remain available until
and Human Service may implement the amend- tection and Affordable Care Act (42 U.S.C. expended—
ments made by this section by program instruc- 18031(c)) is amended— ‘‘(i) to carry out this paragraph; and—
tion or otherwise. (1) in paragraph (6)— ‘‘(ii) at the discretion of the Secretary, to
SEC. 30214. RELIEF FOR SMALL RURAL HOS-
(A) in subparagraph (C), by striking at the carry out section 1311(i), with respect to an Ex-
PITALS FROM INACCURATE IN- end ‘‘and’’; change established or operated by the Secretary
STRUCTIONS PROVIDED BY CERTAIN (B) in subparagraph (D), by striking at the within a State pursuant to this subsection.’’.
MEDICARE ADMINISTRATIVE CON- end the period and inserting ‘‘; and’’; and (c) IMPLEMENTATION.—The Secretary of
TRACTORS. (C) by adding at the end the following new Health and Human Services may implement the
dlhill on DSK120RN23PROD with HOUSE
Section 1886(d)(5) of the Social Security Act subparagraph: provisions of (including amendments made by)
(42 U.S.C. 1395ww(d)(5)) is amended by adding ‘‘(E) subject to subparagraph (B) of para- this section through subregulatory guidance,
at the end the following new subparagraph: graph (8), the special enrollment period de- program instruction, or otherwise.
‘‘(N)(i) Subject to clause (ii), in the case of a scribed in subparagraph (A) of such para- SEC. 30302. EXPEDITED MEETING OF ACIP FOR
sole community hospital or a medicare-depend- graph.’’; and COVID–19 VACCINES.
ent, small rural hospital with respect to which a (2) by adding at the end the following new (a) IN GENERAL.—Notwithstanding section
medicare administrative contractor initially de- paragraph: 3091 of the 21st Century Cures Act (21 U.S.C.
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H2082 CONGRESSIONAL RECORD — HOUSE May 15, 2020
360bbb–4 note), the Advisory Committee on Im- for appropriate relief. The previous sentence ‘‘Sec. 715. Additional market reforms.
munization Practices shall meet and issue a rec- shall not be construed as limiting any enforce- ‘‘Sec. 716. Provision of prescription drug refill
ommendation with respect to a vaccine that is ment mechanism otherwise applicable pursuant notifications during emer-
intended to prevent or treat COVID–19 not later to paragraph (1). gencies.’’.
than 15 business days after the date on which (d) IMPLEMENTATION.—The Secretary of (b) PHSA.—Subpart II of part A of title
such vaccine is licensed under section 351 of the Health and Human Services, Secretary of Labor, XXVII of the Public Health Service Act (42
Public Health Service Act (42 U.S.C. 262). and Secretary of the Treasury may implement U.S.C. 300gg–11 et seq.) is amended by adding at
(b) DEFINITION.—In this section, the term the provisions of this section through sub-regu- the end the following new section:
‘‘Advisory Committee on Immunization Prac- latory guidance, program instruction or other- ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG
tices’’ means the Advisory Committee on Immu- wise. REFILL NOTIFICATIONS DURING
nization Practices established by the Secretary (e) TERMS.—The terms ‘‘group health plan’’; EMERGENCIES.
of Health and Human Services pursuant to sec- ‘‘health insurance issuer’’; ‘‘group health insur- ‘‘(a) IN GENERAL.—A group health plan, and
tion 222 of the Public Health Service Act (42 ance coverage’’, and ‘‘individual health insur- a health insurance issuer offering group or indi-
U.S.C. 217a), acting through the Director of the ance coverage’’ have the meanings given such vidual health insurance coverage, that provides
Centers for Disease Control and Prevention. terms in section 2791 of the Public Health Serv- benefits for prescription drugs under such plan
SEC. 30303. COVERAGE OF COVID–19 RELATED ice Act (42 U.S.C. 300gg–91), section 733 of the or such coverage shall provide to each partici-
TREATMENT AT NO COST SHARING. Employee Retirement Income Security Act of pant, beneficiary, or enrollee enrolled under
(a) IN GENERAL.—A group health plan and a 1974 (29 U.S.C. 1191b), and section 9832 of the such plan or such coverage who resides in an
health insurance issuer offering group or indi- Internal Revenue Code of 1986, as applicable. emergency area during an emergency period—
vidual health insurance coverage (including a SEC. 30304. REQUIRING PRESCRIPTION DRUG RE- ‘‘(1) not later than 5 business days after the
grandfathered health plan (as defined in section FILL NOTIFICATIONS DURING EMER- date of the beginning of such period with re-
1251(e) of the Patient Protection and Affordable GENCIES.
spect to such area (or, the case of the emergency
Care Act)) shall provide coverage, and shall not (a) ERISA.— period described in section 30304(d)(2) of The
impose any cost sharing (including deductibles, (1) IN GENERAL.—Subpart B of part 7 of sub- Heroes Act, not later than 5 business days after
copayments, and coinsurance) requirements, for title B of title I of the Employee Retirement In- the date of the enactment of this section), a no-
the following items and services furnished dur- come Security Act of 1974 (29 U.S.C. 1185 et seq.) tification (written in a manner that is clear and
ing any portion of the emergency period defined is amended by adding at the end the following understandable to the average participant, ben-
in paragraph (1)(B) of section 1135(g) of the So- new section: eficiary, or enrollee)—
cial Security Act (42 U.S.C. 1320b–5(g)) begin- ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG ‘‘(A) of whether such plan or coverage will
ning on or after the date of the enactment of REFILL NOTIFICATIONS DURING
waive, during such period with respect to such
this Act: EMERGENCIES.
a participant, beneficiary, or enrollee, any time
(1) Medically necessary items and services (in- ‘‘(a) IN GENERAL.—A group health plan, and
restrictions under such plan or coverage on any
cluding in-person or telehealth visits in which a health insurance issuer offering health insur-
authorized refills for such drugs to enable such
such items and services are furnished) that are ance coverage in connection with a group
refills in advance of when such refills would
furnished to an individual who has been diag- health plan, that provides benefits for prescrip-
otherwise have been permitted under such plan
nosed with (or after provision of the items and tion drugs under such plan or such coverage
or coverage; and
services is diagnosed with) COVID–19 to treat or shall provide to each participant or beneficiary
‘‘(B) in the case that such plan or coverage
mitigate the effects of COVID–19. under such plan or such coverage who resides in
will waive such restrictions during such period
(2) Medically necessary items and services (in- an emergency area during an emergency pe-
with respect to such a participant, beneficiary,
cluding in-person or telehealth visits in which riod—
or enrollee, that contains information on how
such items and services are furnished) that are ‘‘(1) not later than 5 business days after the
such a participant, beneficiary, or enrollee may
furnished to an individual who is presumed to date of the beginning of such period with re-
obtain such a refill; and
have COVID–19 but is never diagnosed as such, spect to such area (or, the case of the emergency
‘‘(2) in the case such plan or coverage elects to
if the following conditions are met: period described in section 30304(d)(2) of The
so waive such restrictions during such period
(A) Such items and services are furnished to Heroes Act, not later than 5 business days after
with respect to such a participant, beneficiary,
the individual to treat or mitigate the effects of the date of the enactment of this section), a no-
or enrollee after the notification described in
COVID–19 or to mitigate the impact of COVID– tification (written in a manner that is clear and
paragraph (1) has been provided with respect to
19 on society. understandable to the average participant or
such period, not later than 5 business days after
(B) Health care providers have taken appro- beneficiary)—
‘‘(A) of whether such plan or coverage will such election, a notification of such election
priate steps under the circumstances to make a
waive, during such period with respect to such that contains the information described in sub-
diagnosis, or confirm whether a diagnosis was
a participant or beneficiary, any time restric- paragraph (B) of such paragraph.
made, with respect to such individual, for
tions under such plan or coverage on any au- ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—
COVID–19, if possible.
(b) ITEMS AND SERVICES RELATED TO COVID– thorized refills for such drugs to enable such re- For purposes of this section, an ‘emergency
19.—For purposes of this section— fills in advance of when such refills would oth- area’ is a geographical area in which, and an
(1) not later than one week after the date of erwise have been permitted under such plan or ‘emergency period’ is the period during which,
the enactment of this section, the Secretary of coverage; and there exists—
Health and Human Services, Secretary of Labor, ‘‘(B) in the case that such plan or coverage ‘‘(1) an emergency or disaster declared by the
and Secretary of the Treasury shall jointly issue will waive such restrictions during such period President pursuant to the National Emergencies
guidance specifying applicable diagnoses and with respect to such a participant or bene- Act or the Robert T. Stafford Disaster Relief and
medically necessary items and services related to ficiary, that contains information on how such Emergency Assistance Act; and
COVID–19; and a participant or beneficiary may obtain such a ‘‘(2) a public health emergency declared by
(2) such items and services shall include all refill; and the Secretary pursuant to section 319.’’.
items or services that are relevant to the treat- ‘‘(2) in the case such plan or coverage elects to (c) IRC.—
ment or mitigation of COVID–19, regardless of so waive such restrictions during such period (1) IN GENERAL.—Subchapter B of chapter 100
whether such items or services are ordinarily with respect to such a participant or beneficiary of the Internal Revenue Code of 1986 is amended
covered under the terms of a group health plan after the notification described in paragraph (1) by adding at the end the following new section:
or group or individual health insurance cov- has been provided with respect to such period, ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG
erage offered by a health insurance issuer. not later than 5 business days after such elec- REFILL NOTIFICATIONS DURING
(c) ENFORCEMENT.— tion, a notification of such election that con- EMERGENCIES.
(1) APPLICATION WITH RESPECT TO PHSA, ERISA, tains the information described in subparagraph ‘‘(a) IN GENERAL.—A group health plan that
AND IRC.—The provisions of this section shall be (B) of such paragraph. provides benefits for prescription drugs under
applied by the Secretary of Health and Human ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.— such plan shall provide to each participant or
Services, Secretary of Labor, and Secretary of For purposes of this section, an ‘emergency beneficiary enrolled under such plan who re-
the Treasury to group health plans and health area’ is a geographical area in which, and an sides in an emergency area during an emergency
insurance issuers offering group or individual ‘emergency period’ is the period during which, period, not later than 5 business days after the
health insurance coverage as if included in the there exists— date of the beginning of such period with re-
provisions of part A of title XXVII of the Public ‘‘(1) an emergency or disaster declared by the spect to such area (or, the case of the emergency
Health Service Act, part 7 of the Employee Re- President pursuant to the National Emergencies period described in section 30304(d)(2) of The
tirement Income Security Act of 1974, and sub- Act or the Robert T. Stafford Disaster Relief and Heroes Act, not later than 5 business days after
chapter B of chapter 100 of the Internal Rev- Emergency Assistance Act; and the date of the enactment of this section)—
dlhill on DSK120RN23PROD with HOUSE
enue Code of 1986, as applicable. ‘‘(2) a public health emergency declared by ‘‘(1) a notification (written in a manner that
(2) PRIVATE RIGHT OF ACTION.—An individual the Secretary pursuant to section 319 of the is clear and understandable to the average par-
with respect to whom an action is taken by a Public Health Service Act.’’. ticipant or beneficiary)—
group health plan or health insurance issuer of- (2) CLERICAL AMENDMENT.—The table of con- ‘‘(A) of whether such plan will waive, during
fering group or individual health insurance cov- tents of the Employee Retirement Income Secu- such period with respect to such a participant
erage in violation of subsection (a) may com- rity Act of 1974 is amended by inserting after the or beneficiary, any time restrictions under such
mence a civil action against the plan or issuer item relating to section 714 the following: plan on any authorized refills for such drugs to
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2083
enable such refills in advance of when such re- Services on the healthcare.gov Internet website ‘‘(C) a clear explanation that—
fills would otherwise have been permitted under (or a successor website); ‘‘(i) an individual who is eligible for continu-
such plan; and ‘‘(C) a clear explanation that— ation coverage may also be eligible to enroll,
‘‘(B) in the case that such plan will waive ‘‘(i) an individual who is eligible for continu- with financial assistance, in a qualified health
such restrictions during such period with re- ation coverage may also be eligible to enroll, plan offered through such Exchange, but, in the
spect to such a participant or beneficiary, that with financial assistance, in a qualified health case that such individual elects to enroll in such
contains information on how such a participant plan offered through such Exchange, but, in the continuation coverage and subsequently elects
or beneficiary may obtain such a refill; and case that such individual elects to enroll in such to terminate such continuation coverage before
‘‘(2) in the case such plan elects to so waive continuation coverage and subsequently elects the period of such continuation coverage ex-
such restrictions during such period with re- to terminate such continuation coverage before pires, such individual will not be eligible to en-
spect to such a participant or beneficiary after the period of such continuation coverage ex- roll in a qualified health plan offered through
the notification described in paragraph (1) has pires, such individual will not be eligible to en- such Exchange during a special enrollment pe-
been provided with respect to such period, not roll in a qualified health plan offered through riod; and
later than 5 business days after such election, a such Exchange during a special enrollment pe- ‘‘(ii) an individual who elects to enroll in con-
notification of such election that contains the riod; and tinuation coverage will remain eligible to enroll
information described in subparagraph (B) of ‘‘(ii) an individual who elects to enroll in con- in a qualified health plan offered through such
such paragraph. tinuation coverage will remain eligible to enroll Exchange during an open enrollment period and
‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.— in a qualified health plan offered through such may be eligible for financial assistance with re-
For purposes of this section, an ‘emergency Exchange during an open enrollment period and spect to enrolling in such a qualified health
area’ is a geographical area in which, and an may be eligible for financial assistance with re- plan;
‘emergency period’ is the period during which, spect to enrolling in such a qualified health ‘‘(D) information on consumer protections
there exists— plan; with respect to enrolling in a qualified health
‘‘(1) an emergency or disaster declared by the ‘‘(D) information on consumer protections plan offered through such Exchange, including
President pursuant to the National Emergencies with respect to enrolling in a qualified health the requirement for such a qualified health plan
Act or the Robert T. Stafford Disaster Relief and plan offered through such Exchange, including to provide coverage for essential health benefits
Emergency Assistance Act; and the requirement for such a qualified health plan (as defined in section 1302(b) of the Patient Pro-
‘‘(2) a public health emergency declared by to provide coverage for essential health benefits tection and Affordable Care Act) and the re-
the Secretary pursuant to section 319 of the (as defined in section 1302(b) of the Patient Pro- quirements applicable to such a qualified health
Public Health Service Act.’’. tection and Affordable Care Act) and the re- plan under part A of title XXVII; and
(2) CLERICAL AMENDMENT.—The table of sec- quirements applicable to such a qualified health ‘‘(E) information on the availability of finan-
tions for subchapter B of chapter 100 of the In- plan under part A of title XXVII of the Public cial assistance with respect to enrolling in a
ternal Revenue Code of 1986 is amended by add- Health Service Act; and qualified health plan, including the maximum
ing at the end the following new item: ‘‘(E) information on the availability of finan- income limit for eligibility for a premium tax
‘‘Sec. 9816. Provision of prescription drug refill cial assistance with respect to enrolling in a credit under section 36B of the Internal Revenue
notifications during emer- qualified health plan, including the maximum Code of 1986.’’.
income limit for eligibility for a premium tax (2) EFFECTIVE DATE.—The amendments made
gencies.’’.
credit under section 36B of the Internal Revenue by paragraph (1) shall apply with respect to
(d) EFFECTIVE DATE.—The amendments made
Code of 1986.’’. qualifying events occurring on or after the date
by this section shall apply with respect to—
(1) emergency periods beginning on or after (2) EFFECTIVE DATE.—The amendments made that is 14 days after the date of the enactment
the date of the enactment of this Act; and by paragraph (1) shall apply with respect to of this Act.
qualifying events occurring on or after the date (c) INTERNAL REVENUE CODE OF 1986.—
(2) the emergency period relating to the public (1) IN GENERAL.—Section 4980B(f)(6) of the In-
health emergency declared by the Secretary of that is 14 days after the date of the enactment
of this Act. ternal Revenue Code of 1986 is amended—
Health and Human Services pursuant to section (A) in subparagraph (D)—
319 of the Public Health Service Act on January (b) PUBLIC HEALTH SERVICE ACT.—
(i) in clause (ii), by striking ‘‘under subpara-
31, 2020, entitled ‘‘Determination that a Public (1) IN GENERAL.—Section 2206 of the Public
graph (C)’’ and inserting ‘‘under clause (iii)’’;
Health Emergency Exists Nationwide as the Re- Health Service Act (42 U.S.C. 300bb–6) is amend-
and
sult of the 2019 Novel Coronavirus’’. ed— (ii) by redesignating clauses (i) and (ii) as
SEC. 30305. IMPROVEMENT OF CERTAIN NOTIFI- (A) by striking ‘‘In accordance’’ and inserting
subclauses (I) and (II), respectively, and moving
CATIONS PROVIDED TO QUALIFIED the following:
the margin of each such subclause, as so redes-
BENEFICIARIES BY GROUP HEALTH ‘‘(a) IN GENERAL.—In accordance’’;
ignated, 2 ems to the right;
PLANS IN THE CASE OF QUALIFYING (B) by striking ‘‘of such beneficiary’s rights
(B) by redesignating subparagraphs (A)
EVENTS. under this subsection’’ and inserting ‘‘of such
through (D) as clauses (i) through (iv), respec-
(a) EMPLOYEE RETIREMENT INCOME SECURITY beneficiary’s rights under this title in accord-
tively, and moving the margin of each such
ACT OF 1974.— ance with the notification requirements under
clause, as so redesignated, 2 ems to the right;
(1) IN GENERAL.—Section 606 of the Employee subsection (b)’’; and (C) by striking ‘‘In accordance’’ and inserting
Retirement Income Security Act of 1974 (29 (C) by striking ‘‘For purposes of paragraph the following:
U.S.C. 1166) is amended— (4),’’ and all that follows through ‘‘such notifi- ‘‘(A) IN GENERAL.—In accordance’’;
(A) in subsection (a)(4), in the matter fol- cation is made.’’ and inserting the following: (D) by inserting after ‘‘of such beneficiary’s
lowing subparagraph (B), by striking ‘‘under ‘‘(b) RULES RELATING TO NOTIFICATION OF rights under this subsection’’ the following: ‘‘in
this subsection’’ and inserting ‘‘under this part QUALIFIED BENEFICIARIES BY PLAN ADMINIS- accordance with the notification requirements
in accordance with the notification require- TRATOR.—For purposes of subsection (a)(4)— under subparagraph (C)’’; and
ments under subsection (c)’’; and ‘‘(1) any notification shall be made within 14 (E) by striking ‘‘The requirements of subpara-
(B) in subsection (c)— days of the date on which the plan adminis- graph (B)’’ and all that follows through ‘‘such
(i) by striking ‘‘For purposes of subsection trator is notified under paragraph (2) or (3) of notification is made.’’ and inserting the fol-
(a)(4), any notification’’ and inserting ‘‘For subsection (a), whichever is applicable; lowing:
purposes of subsection (a)(4)— ‘‘(2) any such notification to an individual ‘‘(B) ALTERNATIVE MEANS OF COMPLIANCE
‘‘(1) any notification’’; who is a qualified beneficiary as the spouse of WITH REQUIREMENT FOR NOTIFICATION OF MULTI-
(ii) by striking ‘‘, whichever is applicable, and the covered employee shall be treated as notifi- EMPLOYER PLANS BY EMPLOYERS.—The require-
any such notification’’ and inserting ‘‘of sub- cation to all other qualified beneficiaries resid- ments of subparagraph (A)(ii) shall be consid-
section (a), whichever is applicable; ing with such spouse at the time such notifica- ered satisfied in the case of a multiemployer
‘‘(2) any such notification’’; and tion is made; and plan in connection with a qualifying event de-
(iii) by striking ‘‘such notification is made’’ ‘‘(3) any such notification shall, with respect scribed in paragraph (3)(B) if the plan provides
and inserting ‘‘such notification is made; and to each qualified beneficiary with respect to that the determination of the occurrence of such
‘‘(3) any such notification shall, with respect whom such notification is made, include infor- qualifying event will be made by the plan ad-
to each qualified beneficiary with respect to mation regarding any Exchange established ministrator.
whom such notification is made, include infor- under title I of the Patient Protection and Af- ‘‘(C) RULES RELATING TO NOTIFICATION OF
mation regarding any Exchange established fordable Care Act through which such a quali- QUALIFIED BENEFICIARIES BY PLAN ADMINIS-
under title I of the Patient Protection and Af- fied beneficiary may be eligible to enroll in a TRATOR.—For purposes of subparagraph
fordable Care Act through which such a quali- qualified health plan (as defined in section 1301 (A)(iv)—
fied beneficiary may be eligible to enroll in a of the Patient Protection and Affordable Care ‘‘(i) any notification shall be made within 14
qualified health plan (as defined in section 1301 Act), including— days (or, in the case of a group health plan
dlhill on DSK120RN23PROD with HOUSE
of the Patient Protection and Affordable Care ‘‘(A) the publicly accessible Internet website which is a multiemployer plan, such longer pe-
Act), including— address for such Exchange; riod of time as may be provided in the terms of
‘‘(A) the publicly accessible Internet website ‘‘(B) the publicly accessible Internet website the plan) of the date on which the plan admin-
address for such Exchange; address for the Find Local Help directory main- istrator is notified under clause (ii) or (iii) of
‘‘(B) the publicly accessible Internet website tained by the Department of Health and Human subparagraph (A), whichever is applicable;
address for the Find Local Help directory main- Services on the healthcare.gov Internet website ‘‘(ii) any such notification to an individual
tained by the Department of Health and Human (or a successor website); who is a qualified beneficiary as the spouse of
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H2084 CONGRESSIONAL RECORD — HOUSE May 15, 2020
the covered employee shall be treated as notifi- fordable Care Act coverage general notice’’ and provisions of this section by subregulatory guid-
cation to all other qualified beneficiaries resid- the ‘‘model COBRA continuation coverage and ance, program instruction, or otherwise.
ing with such spouse at the time such notifica- Affordable Care Act coverage election notice’’, (h) APPROPRIATION.—There are appropriated,
tion is made; and respectively. out of any monies in the Treasury not otherwise
‘‘(iii) any such notification shall, with respect SEC. 30306. SOONER COVERAGE OF TESTING FOR appropriated, such sums as may be necessary to
to each qualified beneficiary with respect to COVID–19. carry out this section.
whom such notification is made, include infor- Section 6001(a) of division F of the Families SEC. 30308. RISK CORRIDOR PROGRAM FOR SELF-
mation regarding any Exchange established First Coronavirus Response Act (42 U.S.C. INSURED GROUP HEALTH PLANS
under title I of the Patient Protection and Af- 1320b–5 note) is amended by striking ‘‘beginning AND HEALTH INSURANCE COVERAGE
fordable Care Act through which such a quali- on or after’’ and inserting ‘‘beginning before, OFFERED IN THE LARGE GROUP
fied beneficiary may be eligible to enroll in a on, or after’’. MARKET.
qualified health plan (as defined in section 1301 SEC. 30307. RISK CORRIDOR PROGRAM FOR (a) IN GENERAL.—The Secretary of Health and
of the Patient Protection and Affordable Care HEALTH INSURANCE COVERAGE OF- Human Services (in this section referred to as
Act), including— FERED IN THE INDIVIDUAL OR the ‘‘Secretary’’), in coordination with the Sec-
‘‘(I) the publicly accessible Internet website SMALL GROUP MARKET. retary of Labor and the Secretary of the Treas-
address for such Exchange; (a) IN GENERAL.—The Secretary of Health and ury, shall establish and administer a program of
‘‘(II) the publicly accessible Internet website Human Services (in this section referred to as risk corridors for plan years 2020 and 2021 under
address for the Find Local Help directory main- the ‘‘Secretary’’) shall establish and administer which the Secretary, in coordination with the
tained by the Department of Health and Human a program of risk corridors for plan years 2020 Secretary of Labor and the Secretary of the
Services on the healthcare.gov Internet website and 2021 under which the Secretary shall make Treasury, shall make payments in accordance
(or a successor website); payments to health insurance issuers offering with subsection (b) to self-insured group health
‘‘(III) a clear explanation that— health insurance coverage in the individual or plans and health insurance issuers offering
‘‘(aa) an individual who is eligible for con- small group market based on the ratio of the al- health insurance coverage in the large group
tinuation coverage may also be eligible to enroll, lowable costs of the coverage to the aggregate market.
with financial assistance, in a qualified health premiums of the coverage. (b) PAYMENT METHODOLOGY.—The Secretary,
plan offered through such Exchange, but, in the (b) PAYMENT METHODOLOGY.—The Secretary in coordination with the Secretary of Labor and
case that such individual elects to enroll in such shall provide under the program established the Secretary of the Treasury, shall provide
continuation coverage and subsequently elects under subsection (a) that if the allowable costs under the program established under subsection
to terminate such continuation coverage before for a health insurance issuer offering health in- (a) that if the allowable costs for a self-insured
the period of such continuation coverage ex- surance coverage in the individual or small group health plan or health insurance coverage
pires, such individual will not be eligible to en- group market for any plan year are more than offered in the large group market for any plan
roll in a qualified health plan offered through 105 percent of the target amount, the Secretary year are more than 105 percent of the target
such Exchange during a special enrollment pe- shall pay to the issuer an amount equal to 75 amount, the Secretary shall pay to the plan, or
riod; and percent of the allowable costs in excess of 105 issuer of such coverage, an amount equal to 75
‘‘(bb) an individual who elects to enroll in percent of the target amount. percent of the allowable costs in excess of 105
continuation coverage will remain eligible to en- (c) INFORMATION COLLECTION.—The Secretary percent of the target amount.
roll in a qualified health plan offered through shall establish a process under which informa- (c) INFORMATION COLLECTION.—
such Exchange during an open enrollment pe- tion is collected from health insurance issuers (1) IN GENERAL.—The Secretary, the Secretary
riod and may be eligible for financial assistance offering health insurance coverage in the indi- of Labor, and the Secretary of the Treasury may
with respect to enrolling in such a qualified vidual or small group market for purposes of require self-insured group health plans and
health plan; carrying out this section. health insurance issuers of health insurance
‘‘(IV) information on consumer protections (d) NON-APPLICATION.—The provisions of this coverage offered in the large group market to re-
with respect to enrolling in a qualified health section shall not apply with respect to any port to the applicable Secretary, in a form, man-
plan offered through such Exchange, including group or individual health insurance coverage ner, and timeframe specified by the Secretaries,
the requirement for such a qualified health plan in relation to its provision of excepted benefits information necessary for purposes of carrying
to provide coverage for essential health benefits described in section 2791(c)(1) of the Public out this section in accordance with the process
(as defined in section 1302(b) of the Patient Pro- Health Service Act (42 U.S.C. 300gg–91(c)). established under paragraph (2).
tection and Affordable Care Act) and the re- (e) DEFINITIONS.—In this section: (2) PROCESS.—The Secretary, the Secretary of
quirements applicable to such a qualified health (1) ALLOWABLE COSTS.—
Labor, and the Secretary of the Treasury shall
plan under part A of title XXVII of the Public (A) IN GENERAL.—The amount of allowable
jointly establish a process prescribing the form
Health Service Act; and costs of a health insurance issuer offering
and manner under which information is col-
‘‘(V) information on the availability of finan- health insurance coverage in the individual or
lected from self-insured group health plans and
cial assistance with respect to enrolling in a small group market for any year is an amount
health insurance issuers offering health insur-
qualified health plan, including the maximum equal to the total costs (other than administra-
ance coverage in the large group market for pur-
income limit for eligibility for a premium tax tive costs) of such issuer in providing benefits
poses of carrying out this section.
credit under section 36B.’’. covered by such coverage.
(2) EFFECTIVE DATE.—The amendments made (B) CERTAIN REDUCTIONS.—Allowable costs (d) DEFINITIONS.—
by paragraph (1) shall apply with respect to shall reduced by any— (1) ALLOWABLE COSTS.—
qualifying events occurring on or after the date (i) risk adjustment payments received under (A) IN GENERAL.—The amount of allowable
that is 14 days after the date of the enactment section 1343 of the Patient Protection and Af- costs of a self-insured group health plan or
of this Act. fordable Care Act (42 U.S.C. 18063); and health insurance coverage offered in the large
(d) MODEL NOTICES.—Not later than 14 days (ii) reinsurance payments received pursuant group market for any plan year is an amount
after the date of the enactment of this Act, the to a waiver approved under section 1332 of such equal to the total costs (other than administra-
Secretary of the Labor, in consultation with the Act (42 U.S.C. 18052). tive costs) of such plan or the issuer of such cov-
Secretary of the Treasury and the Secretary of (2) ADDITIONAL TERMS.—The terms ‘‘health erage in covering items and services furnished
Health and Human Services, shall— insurance issuer’’, ‘‘health insurance coverage’’, during such plan year under such plan or such
(1) update the model Consolidated Omnibus ‘‘individual market’’, and ‘‘small group market’’ coverage.
Budget Reconciliation Act of 1985 (referred to in have the meanings given such terms in section (B) CERTAIN REDUCTIONS.—Allowable costs of
this subsection as ‘‘COBRA’’) continuation cov- 2791 of the Public Health Service Act (42 U.S.C. a self-insured group health plan or health in-
erage general notice and the model COBRA con- 300gg–91). surance coverage offered in the large group mar-
tinuation coverage election notice developed by (3) TARGET AMOUNT.—The target amount of ket for a plan year shall be reduced by any—
the Secretary of Labor for purposes of facili- health insurance coverage offered in the indi- (i) reinsurance payments received by such
tating compliance of group health plans with vidual or small group market for any year is an plan or coverage pursuant to a waiver approved
the notification requirements under section 606 amount equal to the total premiums (including under section 1332 of such Act (42 U.S.C. 18052)
of the Employee Retirement Income Security Act any premium subsidies under any governmental for such plan year; and
of 1974 (29 U.S.C. 1166) to include the informa- program), reduced by the administrative costs of (ii) other payments received by such plan or
tion described in paragraph (3) of subsection (c) the coverage. coverage (as specified by the Secretary) for such
of such section 606, as added by subsection (f) TREATMENT FOR MLR.—Payments made plan year.
(a)(1); under this section with respect to an applicable (2) ADDITIONAL TERMS.—For purposes of this
(2) provide an opportunity for consumer test- plan year to a health insurance issuer offering section, the terms ‘‘excepted benefits’’, ‘‘health
ing of each such notice, as so updated, to ensure health insurance coverage in the individual or insurance issuer’’, ‘‘health insurance coverage’’,
dlhill on DSK120RN23PROD with HOUSE
that each such notice is clear and understand- small group market shall for purposes of section and ‘‘large group market’’ have the meanings
able to the average participant or beneficiary of 2718(b) of the Public Health Service Act (42 given such terms in section 2791 of the Public
a group health plan; and U.S.C. 300gg–18(b)) be included in the calcula- Health Service Act (42 U.S.C. 300gg–91), section
(3) rename the model COBRA continuation tion of the premium revenue with respect to 733 of the Employee Retirement Income Security
coverage general notice and the model COBRA such issuer and year. Act of 1974 (29 U.S.C. 1191b), and section 9832 of
continuation coverage election notice as the (g) IMPLEMENTATION.—The Secretary of the Internal Revenue Code of 1986, as applica-
‘‘model COBRA continuation coverage and Af- Health and Human Services may implement the ble, and the term ‘‘self-insured group health
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2085
plan’’ has the meaning given such term for pur- TINUATION COVERAGE FOR INDIVIDUALS AND (cc) a flexible spending arrangement (as de-
poses of section 2701(a)(5) of the Public Health THEIR FAMILIES.— fined in section 106(c)(2) of the Internal Rev-
Service Act (42 U.S.C. 300gg(a)(5)). (1) PROVISION OF PREMIUM ASSISTANCE.— enue Code of 1986); or
(3) TARGET AMOUNT.— (A) REDUCTION OF PREMIUMS PAYABLE.— (dd) benefits that provide coverage for services
(A) IN GENERAL.—The target amount of— (i) COBRA CONTINUATION COVERAGE.—In the or treatments furnished in an on-site medical fa-
(i) a self-insured group health plan for an ap- case of any premium for a period of coverage cility maintained by the employer and that con-
plicable plan year is— during the period beginning on March 1, 2020, sists primarily of first-aid services, prevention
(I) in the case such plan was offered during and ending on January 31, 2021 for COBRA con- and wellness care, or similar care (or a combina-
the preceding plan year and was subject to the tinuation coverage with respect to any assist- tion of such care).
requirement of section 601(a) of the Employee ance eligible individual described in paragraph (C) PREMIUM REIMBURSEMENT.—For provi-
Retirement Income Security Act of 1974 (29 (3)(A), such individual shall be treated for pur- sions providing the payment of such premium,
U.S.C. 1161(a)) during such preceding plan year, poses of any COBRA continuation provision as see section 6432 of the Internal Revenue Code of
the expected cost to the plan for all individuals having paid the amount of such premium if such 1986, as added by paragraph (14).
covered under such plan for such preceding individual pays (and any person other than (2) LIMITATION OF PERIOD OF PREMIUM ASSIST-
plan year (without regard to whether such cost such individual’s employer pays on behalf of ANCE.—
is paid by the employer or employee), taking such individual) 0 percent of the amount of such (A) ELIGIBILITY FOR ADDITIONAL COVERAGE.—
into account applicable premiums (as defined in premium owed by such individual (as deter- Paragraph (1)(A) shall not apply with respect
section 604(a) of such Act (29 U.S.C. 1164(1))) for mined without regard to this subsection). to—
such plan and preceding plan year, reduced by (i) any assistance eligible individual described
(ii) FURLOUGHED CONTINUATION COVERAGE.—
any administrative costs for such preceding plan in paragraph (3)(A) for months of coverage be-
In the case of any premium for a period of cov-
year and increased by 5 percent; or ginning on or after the earlier of—
erage during the period beginning on March 1,
(II) in the case such plan is not described in (I) the first date that such individual is eligi-
2020, and ending on January 31, 2021 for cov-
subclause (I), the expected cost to the plan for ble for coverage under any other group health
erage under a group health plan with respect to
all individuals covered under such plan for such plan (other than coverage consisting of only
any assistance eligible individual described in
applicable plan year (as determined under a dental, vision, counseling, or referral services
paragraph (3)(B), such individual shall be treat-
methodology specified by the Secretary), re- (or a combination thereof), coverage under a
ed for purposes of coverage under the plan of-
duced by any administrative costs for such plan flexible spending arrangement (as defined in
year; and fered by the plan sponsor in which the indi-
section 106(c)(2) of the Internal Revenue Code of
(ii) health insurance coverage offered in the vidual is enrolled as having paid the amount of
1986), coverage of treatment that is furnished in
large group market for an applicable plan year such premium if such individual pays (and any
an on-site medical facility maintained by the
is an amount equal to the total premiums (in- person other than such individual’s employer
employer and that consists primarily of first-aid
cluding any premium subsidies under any gov- pays on behalf of such individual) 0 percent of
services, prevention and wellness care, or similar
ernmental program), as defined by the Sec- the amount of such premium owed by such indi-
care (or a combination thereof)), or eligible for
retary, for such plan year, reduced by the ad- vidual (as determined without regard to this
benefits under the Medicare program under title
ministrative costs of the coverage for such plan subsection).
XVIII of the Social Security Act; or
year. (B) PLAN ENROLLMENT OPTION.— (II) the earliest of—
(B) APPLICABLE PLAN YEAR.—The term ‘‘appli- (i) IN GENERAL.—Notwithstanding the COBRA (aa) the date following the expiration of the
cable plan year’’ means plan year 2020 or plan continuation provisions, any assistance eligible maximum period of continuation coverage re-
year 2021, as applicable. individual who is enrolled in a group health quired under the applicable COBRA continu-
(e) APPLICATION.— plan offered by a plan sponsor may, not later ation coverage provision; or
(1) IN GENERAL.—The provisions of subsection than 90 days after the date of notice of the plan (bb) the date following the expiration of the
(c) shall be applied by the Secretary of Health enrollment option described in this subpara- period of continuation coverage allowed under
and Human Services, the Secretary of Labor, graph, elect to enroll in coverage under a plan paragraph (4)(B)(ii); or
and the Secretary of the Treasury to group offered by such plan sponsor that is different (ii) any assistance eligible individual de-
health plans and health insurance issuers offer- than coverage under the plan in which such in- scribed in paragraph (3)(B) for months of cov-
ing health insurance coverage in the large dividual was enrolled at the time— erage beginning on or after the earlier of—
group market as if such subsection were in- (I) in the case of any assistance eligible indi- (I) the first date that such individual is eligi-
cluded in the provisions of part A of title XXVII vidual described in paragraph (3)(A), the quali- ble for coverage under any other group health
of the Public Health Service Act (42 U.S.C. 300gg fying event specified in section 603(2) of the Em- plan (other than coverage consisting of only
et seq.), part 7 of the Employee Retirement In- ployee Retirement Income Security Act of 1974, dental, vision, counseling, or referral services
come Security Act of 1974 (29 U.S.C. 1181 et section 4980B(f)(3)(B) of the Internal Revenue (or a combination thereof), coverage under a
seq.), and subchapter B of chapter 100 of the In- Code of 1986, section 2203(2) of the Public flexible spending arrangement (as defined in
ternal Revenue Code of 1986, as applicable. Health Service Act, or section 8905a of title 5, section 106(c)(2) of the Internal Revenue Code of
(2) TREATMENT FOR MLR.—Payments made United States Code (except for the voluntary 1986), coverage of treatment that is furnished in
under this section with respect to an applicable termination of such individual’s employment by an on-site medical facility maintained by the
plan year to a self-insured group health plan or such individual), occurred, and such coverage employer and that consists primarily of first-aid
health insurance issuer offering health insur- shall be treated as COBRA continuation cov- services, prevention and wellness care, or similar
ance coverage in the large group market shall erage for purposes of the applicable COBRA care (or a combination thereof)), or eligible for
for purposes of section 2718(b) of the Public continuation coverage provision; or benefits under the Medicare program under title
Health Service Act (42 U.S.C. 300gg–18(b)) be in- (II) in the case of any assistance eligible indi- XVIII of the Social Security Act; or
cluded in the calculation of the premium rev- vidual described in paragraph (3)(B), the fur- (II) the first date that such individual is no
enue with respect to such plan or issuer, respec- lough period began with respect to such indi- longer in the furlough period.
tively, and year. vidual. (B) NOTIFICATION REQUIREMENT.—Any assist-
(f) NON-APPLICATION.—The provisions of this (ii) REQUIREMENTS.—Any assistance eligible ance eligible individual shall notify the group
section shall not apply with respect to— individual may elect to enroll in different cov- health plan with respect to which paragraph
(1) any group health plan or group or indi- erage as described in clause (i) only if— (1)(A) applies if such paragraph ceases to apply
vidual health insurance coverage in relation to (I) the employer involved has made a deter- by reason of clause (i)(I) or (ii)(I) of subpara-
its provision of excepted benefits; or mination that such employer will permit such graph (A) (as applicable). Such notice shall be
(2) a grandfathered health plan, as defined in assistance eligible individual to enroll in dif- provided to the group health plan in such time
section 1251(e) of the Patient Protection and Af- ferent coverage as provided under this subpara- and manner as may be specified by the Sec-
fordable Care Act (42 U.S.C. 18011(e)). graph; retary of Labor.
(g) IMPLEMENTATION.—The Secretary, the Sec- (II) the premium for such different coverage (C) SPECIAL ENROLLMENT PERIOD FOLLOWING
retary of Labor, and the Secretary of the Treas- does not exceed the premium for coverage in EXPIRATION OF PREMIUM ASSISTANCE.—Notwith-
ury may implement the provisions of this section which such individual was enrolled at the time standing section 1311 of the Patient Protection
by subregulatory guidance, program instruction, such qualifying event occurred or immediately and Affordable Care Act (42 U.S.C. 18031), the
or otherwise. before such furlough began; expiration of premium assistance pursuant to a
(h) APPROPRIATION.—There are appropriated, (III) the different coverage in which the indi- limitation specified under subparagraph (A)
out of any monies in the Treasury not otherwise vidual elects to enroll is coverage that is also of- shall be treated as a qualifying event for which
appropriated, such sums as may be necessary to fered to the active employees of the employer, any assistance eligible individual is eligible to
carry out this section. who are not in a furlough period, at the time at enroll in a qualified health plan offered through
Subtitle B—Worker Health Coverage which such election is made; and an Exchange under title I of such Act (42 U.S.C.
Protection (IV) the different coverage in which the indi- 18001 et seq.) during a special enrollment period.
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SEC. 30311. SHORT TITLE. vidual elects to enroll is not— (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For
This subtitle may be cited as the ‘‘Worker (aa) coverage that provides only dental, vi- purposes of this section, the term ‘‘assistance el-
Health Coverage Protection Act’’. sion, counseling, or referral services (or a com- igible individual’’ means, with respect to a pe-
SEC. 30312. PRESERVING HEALTH BENEFITS FOR bination of such services); riod of coverage during the period beginning on
WORKERS. (bb) a qualified small employer health reim- March 1, 2020, and ending on January 31, 2021—
(a) PREMIUM ASSISTANCE FOR COBRA CON- bursement arrangement (as defined in section (A) any individual that is a qualified bene-
TINUATION COVERAGE AND FURLOUGHED CON- 9831(d)(2) of the Internal Revenue Code of 1986); ficiary that—
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H2086 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(i) is eligible for COBRA continuation cov- and shall be the final determination of such Sec- roll in such different coverage under paragraph
erage by reason of a qualifying event specified retary. A reviewing court shall grant deference (1)(B); and
in section 603(2) of the Employee Retirement In- to such Secretary’s determination. The provi- (vii) information regarding any Exchange es-
come Security Act of 1974, section 4980B(f)(3)(B) sions of this paragraph, paragraphs (1) through tablished under title I of the Patient Protection
of the Internal Revenue Code of 1986, section (4), and paragraphs (7) through (9) shall be and Affordable Care Act (42 U.S.C. 18001 et seq.)
2203(2) of the Public Health Service Act, or sec- treated as provisions of title I of the Employee through which a qualified beneficiary may be
tion 8905a of title 5, United States Code (except Retirement Income Security Act of 1974 for pur- eligible to enroll in a qualified health plan, in-
for the voluntary termination of such individ- poses of part 5 of subtitle B of such title. cluding—
ual’s employment by such individual); and (6) DISREGARD OF SUBSIDIES FOR PURPOSES OF
(ii) elects such coverage; or FEDERAL AND STATE PROGRAMS.—Notwith- (I) the publicly accessible internet website ad-
(B) any covered employee that is in a fur- standing any other provision of law, any pre- dress for such Exchange;
lough period that remains eligible for coverage mium assistance with respect to an assistance (II) the publicly accessible internet website
under a group health plan offered by the em- eligible individual under this subsection shall address for the Find Local Help directory main-
ployer of such covered employee. not be considered income, in-kind support, or re- tained by the Department of Health and Human
(4) EXTENSION OF ELECTION PERIOD AND EF- sources for purposes of determining the eligi- Services on the healthcare.gov internet website
FECT ON COVERAGE.— bility of the recipient (or the recipient’s spouse (or a successor website);
(A) IN GENERAL.—For purposes of applying or family) for benefits or assistance, or the (III) a clear explanation that—
section 605(a) of the Employee Retirement In- amount or extent of benefits or assistance, or
come Security Act of 1974, section 4980B(f)(5)(A) (aa) an individual who is eligible for continu-
any other benefit provided under any Federal
of the Internal Revenue Code of 1986, section ation coverage may also be eligible to enroll,
program or any program of a State or political
2205(a) of the Public Health Service Act, and with financial assistance, in a qualified health
subdivision thereof financed in whole or in part
section 8905a(c)(2) of title 5, United States Code, plan offered through such Exchange, but, in the
with Federal funds.
in the case of— (7) COBRA-SPECIFIC NOTICE.— case that such individual elects to enroll in such
(i) an individual who does not have an elec- (A) GENERAL NOTICE.— continuation coverage and subsequently elects
tion of COBRA continuation coverage in effect (i) IN GENERAL.—In the case of notices pro- to terminate such continuation coverage before
on the date of the enactment of this Act but who vided under section 606(a)(4) of the Employee the period of such continuation coverage ex-
would be an assistance eligible individual de- Retirement Income Security Act of 1974 (29 pires, such termination does not initiate a spe-
scribed in paragraph (3)(A) if such election were U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In- cial enrollment period (absent a qualifying event
so in effect; or ternal Revenue Code of 1986, section 2206(4) of specified in section 603(2) of the Employee Re-
(ii) an individual who elected COBRA con- the Public Health Service Act (42 U.S.C. 300bb– tirement Income Security Act of 1974, section
tinuation coverage on or after March 1, 2020, 6(4)), or section 8905a(f)(2)(A) of title 5, United 4980B(f)(3)(B) of the Internal Revenue Code of
and discontinued from such coverage before the States Code, with respect to individuals who, 1986, section 2203(2) of the Public Health Service
date of the enactment of this Act, during the period described in paragraph (3), Act, or section 8905a of title 5, United States
such individual may elect the COBRA continu- become entitled to elect COBRA continuation Code, with respect to such individual); and
ation coverage under the COBRA continuation coverage, the requirements of such provisions (bb) an individual who elects to enroll in con-
coverage provisions containing such provisions shall not be treated as met unless such notices tinuation coverage will remain eligible to enroll
during the period beginning on the date of the include an additional notification to the recipi- in a qualified health plan offered through such
enactment of this Act and ending 60 days after ent a written notice in clear and understandable Exchange during an open enrollment period and
the date on which the notification required language of— may be eligible for financial assistance with re-
under paragraph (7)(C) is provided to such indi- (I) the availability of premium assistance with spect to enrolling in such a qualified health
vidual. respect to such coverage under this subsection; plan;
(B) COMMENCEMENT OF COBRA CONTINUATION and
COVERAGE.—Any COBRA continuation coverage (IV) information on consumer protections with
(II) the option to enroll in different coverage respect to enrolling in a qualified health plan
elected by a qualified beneficiary during an ex- if the employer permits assistance eligible indi-
tended election period under subparagraph offered through such Exchange, including the
viduals described in paragraph (3)(A) to elect requirement for such a qualified health plan to
(A)— enrollment in different coverage (as described in
(i) shall apply as if such qualified beneficiary provide coverage for essential health benefits (as
paragraph (1)(B)). defined in section 1302(b) of such Act (42 U.S.C.
had been covered as of the date of a qualifying (ii) ALTERNATIVE NOTICE.—In the case of
event specified in section 603(2) of the Employee 18022(b))) and the requirements applicable to
COBRA continuation coverage to which the no-
Retirement Income Security Act of 1974, section such a qualified health plan under part A of
tice provision under such sections does not
4980B(f)(3)(B) of the Internal Revenue Code of title XXVII of the Public Health Service Act (42
apply, the Secretary of Labor, in consultation
1986, section 2203(2) of the Public Health Service U.S.C. 300gg et seq.);
with the Secretary of the Treasury and the Sec-
Act, or section 8905a of title 5, United States retary of Health and Human Services, shall, in (V) information on the availability of finan-
Code, except for the voluntary termination of consultation with administrators of the group cial assistance with respect to enrolling in a
such beneficiary’s employment by such bene- health plans (or other entities) that provide or qualified health plan, including the maximum
ficiary, that occurs no earlier than March 1, administer the COBRA continuation coverage income limit for eligibility for the premium tax
2020 (including the treatment of premium pay- involved, provide rules requiring the provision credit under section 36B of the Internal Revenue
ments under paragraph (1)(A) and any cost- of such notice. Code of 1986; and
sharing requirements for items and services (iii) FORM.—The requirement of the additional (VI) information on any special enrollment
under a group health plan); and notification under this subparagraph may be periods during which any assistance eligible in-
(ii) shall not extend beyond the period of met by amendment of existing notice forms or by dividual described in paragraph (3)(A)(i) may be
COBRA continuation coverage that would have inclusion of a separate document with the no- eligible to enroll, with financial assistance, in a
been required under the applicable COBRA con- tice otherwise required. qualified health plan offered through such Ex-
tinuation coverage provision if the coverage had (B) SPECIFIC REQUIREMENTS.—Each additional change (including a special enrollment period
been elected as required under such provision. notification under subparagraph (A) shall in- for which an individual may be eligible due to
(5) EXPEDITED REVIEW OF DENIALS OF PRE- clude— the expiration of premium assistance pursuant
MIUM ASSISTANCE.—In any case in which an in- (i) the forms necessary for establishing eligi- to a limitation specified under paragraph
dividual requests treatment as an assistance eli- bility for premium assistance under this sub- (2)(A)).
gible individual described in subparagraph (A) section;
or (B) of paragraph (3) and is denied such treat- (C) NOTICE IN CONNECTION WITH EXTENDED
(ii) the name, address, and telephone number
ment by the group health plan, the Secretary of ELECTION PERIODS.—In the case of any assist-
necessary to contact the plan administrator and
Labor (or the Secretary of Health and Human ance eligible individual described in paragraph
any other person maintaining relevant informa-
Services in connection with COBRA continu- (3)(A) (or any individual described in paragraph
tion in connection with such premium assist-
ation coverage which is provided other than (4)(A)) who became entitled to elect COBRA
ance;
pursuant to part 6 of subtitle B of title I of the continuation coverage before the date of the en-
(iii) a description of the extended election pe-
Employee Retirement Income Security Act of actment of this Act, the administrator of the ap-
riod provided for in paragraph (4)(A);
1974), in consultation with the Secretary of the (iv) a description of the obligation of the plicable group health plan (or other entity)
Treasury, shall provide for expedited review of qualified beneficiary under paragraph (2)(B) shall provide (within 60 days after the date of
such denial. An individual shall be entitled to and the penalty provided under section 6720C of enactment of this Act) for the additional notifi-
such review upon application to such Secretary the Internal Revenue Code of 1986 for failure to cation required to be provided under subpara-
in such form and manner as shall be provided carry out the obligation; graph (A) and failure to provide such notice
shall be treated as a failure to meet the notice
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by such Secretary, in consultation with the Sec- (v) a description, displayed in a prominent
retary of Treasury. Such Secretary shall make a manner, of the qualified beneficiary’s right to a requirements under the applicable COBRA con-
determination regarding such individual’s eligi- reduced premium and any conditions on entitle- tinuation provision.
bility within 15 business days after receipt of ment to the reduced premium; (D) MODEL NOTICES.—Not later than 30 days
such individual’s application for review under (vi) a description of the option of the qualified after the date of enactment of this Act, with re-
this paragraph. Either Secretary’s determina- beneficiary to enroll in different coverage if the spect to any assistance eligible individual de-
tion upon review of the denial shall be de novo employer permits such beneficiary to elect to en- scribed in paragraph (3)(A)—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2087
(i) the Secretary of Labor, in consultation (I) COBRA continuation coverage; or (B) COBRA CONTINUATION COVERAGE.—The
with the Secretary of the Treasury and the Sec- (II) coverage under a group health plan; term ‘‘COBRA continuation coverage’’ means
retary of Health and Human Services, shall pre- (iii) that the expiration of premium assistance continuation coverage provided pursuant to
scribe models for the additional notification re- is treated as a qualifying event for which any part 6 of subtitle B of title I of the Employee Re-
quired under this paragraph (other than the ad- assistance eligible individual is eligible to enroll tirement Income Security Act of 1974 (other than
ditional notification described in clause (ii)); in a qualified health plan offered through an under section 609), title XXII of the Public
and Exchange under title I of such Act (42 U.S.C. Health Service Act, section 4980B of the Internal
(ii) in the case of any additional notification 18001 et seq.) during a special enrollment period; Revenue Code of 1986 (other than subsection
provided pursuant to subparagraph (A) under and (f)(1) of such section insofar as it relates to pedi-
section 8905a(f)(2)(A) of title 5, United States (iv) the information specified in paragraph atric vaccines), or section 8905a of title 5, United
Code, the Office of Personnel Management shall (7)(B)(vii). States Code, or under a State program that pro-
prescribe a model for such additional notifica- (B) EXCEPTION.—The requirement for the
vides comparable continuation coverage. Such
tion. group health plan administrator to provide the
term does not include coverage under a health
(8) FURLOUGH-SPECIFIC NOTICE.— written notice under subparagraph (A) shall be
flexible spending arrangement under a cafeteria
(A) IN GENERAL.—With respect to any assist- waived in the case the premium assistance for
plan within the meaning of section 125 of the
ance eligible individual described in paragraph such individual expires pursuant to clause (i)(I)
Internal Revenue Code of 1986.
(3)(B) who, during the period described in such or (ii)(I) of paragraph (2)(A).
(C) PERIOD SPECIFIED.—For purposes of sub- (C) COBRA CONTINUATION PROVISION.—The
paragraph, becomes eligible for assistance pur- term ‘‘COBRA continuation provision’’ means
suant to paragraph (1)(A)(ii), the requirements paragraph (A), the period specified in this sub-
paragraph is, with respect to the date of expira- the provisions of law described in subparagraph
of section 606(a)(4) of the Employee Retirement (B).
Income Security Act of 1974 (29 U.S.C. 1166(4)), tion of premium assistance for any assistance el-
igible individual pursuant to a limitation requir- (D) COVERED EMPLOYEE.—The term ‘‘covered
section 4980B(f)(6)(D) of the Internal Revenue employee’’ has the meaning given such term in
Code of 1986, section 2206(4) of the Public ing a notice under this paragraph, the period
beginning on the day that is 45 days before the section 607(2) of the Employee Retirement In-
Health Service Act (42 U.S.C. 300bb–6(4)), or sec- come Security Act of 1974.
tion 8905a(f)(2)(A) of title 5, United States Code, date of such expiration and ending on the day
(E) QUALIFIED BENEFICIARY.—The term
shall not be treated as met unless the group that is 15 days before the date of such expira-
tion. ‘‘qualified beneficiary’’ has the meaning given
health plan administrator, in accordance with such term in section 607(3) of the Employee Re-
the timing requirement specified under subpara- (D) MODEL NOTICES.—Not later than 30 days
after the date of enactment of this Act, with re- tirement Income Security Act of 1974.
graph (B), provides to the individual a written (F) GROUP HEALTH PLAN.—The term ‘‘group
spect to any assistance eligible individual—
notice in clear and understandable language health plan’’ has the meaning given such term
(i) the Secretary of Labor, in consultation
of— in section 607(1) of the Employee Retirement In-
with the Secretary of the Treasury and the Sec-
(i) the availability of premium assistance with come Security Act of 1974.
retary of Health and Human Services, shall pre-
respect to such coverage under this subsection; (G) STATE.—The term ‘‘State’’ includes the
(ii) the option of the qualified beneficiary to scribe models for the notification required under
this paragraph (other than the notification de- District of Columbia, the Commonwealth of
enroll in different coverage if the employer per- Puerto Rico, the Virgin Islands, Guam, Amer-
mits such beneficiary to elect to enroll in such scribed in clause (ii)); and
(ii) in the case of any notification provided ican Samoa, and the Commonwealth of the
different coverage under paragraph (1)(B); and Northern Mariana Islands.
(iii) the information specified under para- pursuant to subparagraph (A) under section
8905a(f)(2)(A) of title 5, United States Code, the (H) PERIOD OF COVERAGE.—Any reference in
graph (7)(B) (as applicable).
Office of Personnel Management shall prescribe this subsection to a period of coverage shall be
(B) TIMING SPECIFIED.—For purposes of sub-
a model for such notification. treated as a reference to a monthly or shorter
paragraph (A), the timing requirement specified
(10) REGULATIONS.—The Secretary of the period of coverage with respect to which pre-
in this subparagraph is—
(i) with respect to such an individual who is Treasury and the Secretary of Labor may joint- miums are charged with respect to such cov-
within a furlough period during the period be- ly prescribe such regulations or other guidance erage.
ginning on March 1, 2020, and ending on the as may be necessary or appropriate to carry out (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’
date of the enactment of this Act, 30 days after the provisions of this subsection, including the has the meaning given such term in section
the date of such enactment; and prevention of fraud and abuse under this sub- 3(16)(B) of the Employee Retirement Income Se-
(ii) with respect to such an individual who is section, except that the Secretary of Labor and curity Act of 1974.
within a furlough period during the period be- the Secretary of Health and Human Services (J) FURLOUGH PERIOD.—
ginning on the first day after the date of the en- may prescribe such regulations (including in- (i) IN GENERAL.—The term ‘‘furlough period’’
actment of this Act and ending on January 31, terim final regulations) or other guidance as means, with respect to an individual and an em-
2021, 30 days after the date of the beginning of may be necessary or appropriate to carry out ployer of such individual, a period—
such furlough period. the provisions of paragraphs (5), (7), (8), (9), (I) beginning with the first month beginning
(C) MODEL NOTICES.—Not later than 30 days and (11). on or after March 1, 2020 and before January 31,
after the date of enactment of this Act, with re- (11) OUTREACH.— 2021, during which such individual’s employer
spect to any assistance eligible individual de- (A) IN GENERAL.—The Secretary of Labor, in reduces such individual’s work hours (due to a
scribed in paragraph (3)(B)— consultation with the Secretary of the Treasury lack of work, funds, or other nondisciplinary
(i) the Secretary of Labor, in consultation and the Secretary of Health and Human Serv- reason) to an amount that is less than 70 per-
with the Secretary of the Treasury and the Sec- ices, shall provide outreach consisting of public cent of the base month amount; and
retary of Health and Human Services, shall pre- education and enrollment assistance relating to (II) ending with the earlier of—
scribe models for the notification required under premium assistance provided under this sub- (aa) the first month beginning after January
this paragraph (other than the notification de- section. Such outreach shall target employers, 31, 2021; or
scribed in clause (ii)); and group health plan administrators, public assist- (bb) the month following the first month dur-
(ii) in the case of any notification provided ance programs, States, insurers, and other enti- ing which work hours of such employee are
pursuant to subparagraph (A) under section ties as determined appropriate by such Secre- greater than 80 percent of work hours of the
8905a(f)(2)(A) of title 5, United States Code, the taries. Such outreach shall include an initial base month amount.
Office of Personnel Management shall prescribe focus on those individuals electing continuation (ii) BASE MONTH AMOUNT.—For purposes of
a model for such notification. coverage who are referred to in paragraph clause (i), the term ‘‘base month amount’’
(9) NOTICE OF EXPIRATION OF PERIOD OF PRE- (7)(C). Information on such premium assistance, means, with respect to an individual and an em-
MIUM ASSISTANCE.— including enrollment, shall also be made avail- ployer of such individual, the greater of—
(A) IN GENERAL.—With respect to any assist- able on websites of the Departments of Labor, (I) such individual’s work hours in the month
ance eligible individual, subject to subpara- Treasury, and Health and Human Services. prior (or in the case such individual had no
graph (B), the requirements of section 606(a)(4) (B) ENROLLMENT UNDER MEDICARE.—The Sec- work hours in the month prior and had work
of the Employee Retirement Income Security Act retary of Health and Human Services shall pro- hours in the 3 months prior, the last month with
of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) vide outreach consisting of public education. work hours within the prior 3 months); and
of the Internal Revenue Code of 1986, section Such outreach shall target individuals who lose (II) such individual’s work hours during the
2206(4) of the Public Health Service Act (42 health insurance coverage. Such outreach shall period beginning January 1, 2020 and ending
U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) of include information regarding enrollment for January 31, 2020.
title 5, United States Code, shall not be treated benefits under title XVIII of the Social Security (13) REPORTS.—
as met unless the employer of the individual, Act (42 U.S.C. 1395 et seq.) for purposes of pre- (A) INTERIM REPORT.—The Secretary of the
during the period specified under subparagraph venting mistaken delays of such enrollment by Treasury and the Secretary of Labor shall joint-
(C), provides to such individual a written notice such individuals, including lifetime penalties for ly submit an interim report to the Committee on
dlhill on DSK120RN23PROD with HOUSE
in clear and understandable language— failure of timely enrollment. Education and Labor, the Committee on Ways
(i) that the premium assistance for such indi- (12) DEFINITIONS.—For purposes of this sec- and Means, and the Committee on Energy and
vidual will expire soon and the prominent iden- tion: Commerce of the House of Representatives and
tification of the date of such expiration; (A) ADMINISTRATOR.—The term ‘‘adminis- the Committee on Health, Education, Labor,
(ii) that such individual may be eligible for trator’’ has the meaning given such term in sec- and Pensions and the Committee on Finance of
coverage without any premium assistance tion 3(16)(A) of the Employee Retirement Income the Senate regarding the premium assistance
through— Security Act of 1974. provided under this subsection that includes—
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H2088 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(i) the number of individuals provided such quarter, such excess shall be treated as an over- ‘‘(3) to allow the advance payment of the
assistance as of the date of the report; and payment that shall be refunded under sections credit determined under subsection (a), subject
(ii) the total amount of expenditures incurred 6402(a) and 6413(b). to the limitations provided in this section, based
(with administrative expenditures noted sepa- ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa- on such information as the Secretary shall re-
rately) in connection with such assistance as of tion of the credit, including the refundable por- quire,
the date of the report. tion under subparagraph (A), the credit may be ‘‘(4) to provide for the reconciliation of such
(B) FINAL REPORT.—As soon as practicable advanced, according to forms and instructions advance payment with the amount of the credit
after the last period of COBRA continuation provided by the Secretary, up to an amount cal- at the time of filing the return of tax for the ap-
coverage for which premium assistance is pro- culated under subsection (a) through the end of plicable quarter or taxable year, and
vided under this section, the Secretary of the the most recent payroll period in the quarter. ‘‘(5) with respect to the application of the
Treasury and the Secretary of Labor shall joint- ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary credit to third party payors (including profes-
ly submit a final report to each Committee re- shall waive any penalty under section 6656 for sional employer organizations, certified profes-
ferred to in subparagraph (A) that includes— any failure to make a deposit of the tax imposed sional employer organizations, or agents under
(i) the number of individuals provided pre- by section 3111(a), or so much of the taxes im- section 3504).’’.
mium assistance under this section; posed under section 3221(a) as are attributable (B) SOCIAL SECURITY TRUST FUNDS HELD
(ii) the average dollar amount (monthly and to the rate in effect under section 3111(a), if the HARMLESS.—There are hereby appropriated to
annually) of premium assistance provided to Secretary determines that such failure was due the Federal Old-Age and Survivors Insurance
such individuals; and to the anticipation of the credit allowed under Trust Fund and the Federal Disability Insur-
(iii) the total amount of expenditures incurred this section. ance Trust Fund established under section 201
(with administrative expenditures noted sepa- ‘‘(D) TREATMENT OF PAYMENTS.—For purposes of the Social Security Act (42 U.S.C. 401) and
rately) in connection with premium assistance of section 1324 of title 31, United States Code, the Social Security Equivalent Benefit Account
under this section. any amounts due to an employer under this established under section 15A(a) of the Railroad
(14) COBRA PREMIUM ASSISTANCE.— paragraph shall be treated in the same manner Retirement Act of 1974 (45 U.S.C. 231n–1(a))
(A) IN GENERAL.—Subchapter B of chapter 65 as a refund due from a credit provision referred amounts equal to the reduction in revenues to
of the Internal Revenue Code of 1986 is amended to in subsection (b)(2) of such section. the Treasury by reason of this section (without
by adding at the end the following new section: ‘‘(3) LIMITATION ON REIMBURSEMENT FOR FUR- regard to this subparagraph). Amounts appro-
‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM LOUGHED EMPLOYEES.—In the case of an indi- priated by the preceding sentence shall be trans-
ASSISTANCE. vidual who for any month is an assistance eligi- ferred from the general fund at such times and
‘‘(a) IN GENERAL.—The person to whom pre- ble individual described in section 30312(a)(3)(B) in such manner as to replicate to the extent pos-
miums are payable for continuation coverage of the Worker Health Coverage Protection Act sible the transfers which would have occurred to
under section 30312(a)(1) of the Worker Health with respect to any coverage, the credit deter- such Trust Fund or Account had this section
Coverage Protection Act shall be allowed as a mined with respect to such individual under not been enacted.
credit against the tax imposed by section subsection (a) for any such month ending dur- (C) CLERICAL AMENDMENT.—The table of sec-
3111(a), or so much of the taxes imposed under ing a calendar quarter shall not exceed the tions for subchapter B of chapter 65 of the In-
section 3221(a) as are attributable to the rate in amount of premium the individual would have ternal Revenue Code of 1986 is amended by add-
effect under section 3111(a), for each calendar paid for a full month of such coverage for the ing at the end the following new item:
quarter an amount equal to the premiums not month preceding the first month for which an ‘‘Sec. 6432. Continuation coverage premium as-
paid by assistance eligible individuals for such individual is such an assistance eligible indi- sistance.’’.
coverage by reason of such section 30312(a)(1) vidual. (D) EFFECTIVE DATE.—The amendments made
with respect to such calendar quarter. ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes by this paragraph shall apply to premiums to
‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- of this section, the term ‘person’ includes any which subsection (a)(1)(A) applies.
ABLE.—For purposes of subsection (a), except as governmental entity or Indian tribal government (E) SPECIAL RULE IN CASE OF EMPLOYEE PAY-
otherwise provided by the Secretary, the person (as defined in section 139E(c)(1)). MENT THAT IS NOT REQUIRED UNDER THIS SEC-
to whom premiums are payable under such con- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- TION.—
tinuation coverage shall be treated as being— poses of chapter 1, the gross income of any per- (i) IN GENERAL.—In the case of an assistance
‘‘(1) in the case of any group health plan son allowed a credit under this section shall be eligible individual who pays, with respect any
which is a multiemployer plan (as defined in increased for the taxable year which includes period of coverage to which subsection (a)(1)(A)
section 3(37) of the Employee Retirement Income the last day of any calendar quarter with re- applies, the amount of the premium for such
Security Act of 1974), the plan, spect to which such credit is allowed by the coverage that the individual would have (but
‘‘(2) in the case of any group health plan not amount of such credit. No amount for which a for this Act) been required to pay, the person to
described in paragraph (1)— credit is allowed under this section shall be whom such payment is payable shall reimburse
‘‘(A) which provides furlough continuation taken into account as qualified wages under such individual for the amount of such premium
coverage described in section 30312(a)(1)(A)(ii) section 2301 of the CARES Act or as qualified paid.
of the Worker Health Coverage Protection Act health plan expenses under section 7001(d) or (ii) CREDIT OF REIMBURSEMENT.—A person to
or subject to the COBRA continuation provi- 7003(d) of the Families First Coronavirus Re- which clause (i) applies shall be allowed a credit
sions contained in— sponse Act. in the manner provided under section 6432 of the
‘‘(i) this title, ‘‘(f) REPORTING.—Each person entitled to re- Internal Revenue Code of 1986 for any payment
‘‘(ii) the Employee Retirement Income Security imbursement under subsection (a) for any period made to the employee under such clause.
Act of 1974, shall submit such reports (at such time and in (iii) PAYMENT OF CREDITS.—Any person to
‘‘(iii) the Public Health Service Act, or such manner) as the Secretary may require, in- which clause (i) applies shall make the payment
‘‘(iv) title 5, United States Code, or cluding— required under such clause to the individual not
‘‘(B) under which some or all of the coverage ‘‘(1) an attestation of involuntary termination later than 60 days after the date on which such
is not provided by insurance, of employment, reduction of hours, or fur- individual elects continuation coverage under
the employer maintaining the plan, and loughing, for each assistance eligible individual section 30312(a)(1) of the Worker Health Cov-
‘‘(3) in the case of any group health plan not on the basis of whose termination, reduction of erage Protection Act.
described in paragraph (1) or (2), the insurer hours, or furloughing entitlement to reimburse- (15) PENALTY FOR FAILURE TO NOTIFY HEALTH
providing the coverage under the group health ment is claimed under subsection (a), PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM
plan. ‘‘(2) a report of the amount of payroll taxes ASSISTANCE.—
‘‘(c) LIMITATIONS AND REFUNDABILITY.— offset under subsection (a) for the reporting pe- (A) IN GENERAL.—Part I of subchapter B of
‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT riod, and chapter 68 of the Internal Revenue Code of 1986
TAXES.—The credit allowed by subsection (a) ‘‘(3) a report containing the TINs of all cov- is amended by adding at the end the following
with respect to any calendar quarter shall not ered employees, the amount of subsidy reim- new section:
exceed the tax imposed by section 3111(a), or so bursed with respect to each employee, and a des- ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
much of the taxes imposed under section 3221(a) ignation with respect to each employee as to HEALTH PLAN OF CESSATION OF
as are attributable to the rate in effect under whether the subsidy reimbursement is for cov- ELIGIBILITY FOR CONTINUATION
section 3111(a), for such calendar quarter (re- erage of 1 individual or 2 or more individuals. COVERAGE PREMIUM ASSISTANCE.
duced by any credits allowed under subsections ‘‘(g) REGULATIONS.—The Secretary shall issue ‘‘(a) IN GENERAL.—Except in the case of fail-
(e) and (f) of section 3111, sections 7001 and 7003 such regulations or other guidance as may be ure described in subsection (b) or (c), any person
of the Families First Coronavirus Response Act, necessary or appropriate to carry out this sec- required to notify a group health plan under
section 2301 of the CARES Act, and sections tion, including— section 30312(a)(2)(B) of the Worker Health Cov-
20204 and 20212 of the COVID–19 Tax Relief Act ‘‘(1) the requirement to report information or erage Protection Act who fails to make such a
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of 2020 for such quarter) on the wages paid with the establishment of other methods for verifying notification at such time and in such manner as
respect to the employment of all employees of the correct amounts of reimbursements under the Secretary of Labor may require shall pay a
the employer. this section, penalty of $250.
‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— ‘‘(2) the application of this section to group ‘‘(b) INTENTIONAL FAILURE.—In the case of
‘‘(A) CREDIT IS REFUNDABLE.—If the amount health plans that are multiemployer plans (as any such failure that is fraudulent, such person
of the credit under subsection (a) exceeds the defined in section 3(37) of the Employee Retire- shall pay a penalty equal to the greater of—
limitation of paragraph (1) for any calendar ment Income Security Act of 1974), ‘‘(1) $250, or
VerDate Sep 11 2014 01:07 May 17, 2020 Jkt 099060 PO 00000 Frm 00082 Fmt 4636 Sfmt 6333 E:\CR\FM\A15MY7.082 H15MYPT1
May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2089
‘‘(2) 110 percent of the premium assistance medical care furnished on or after the date of tective equipment, medical devices, testing sup-
provided under section 30312(a)(1)(A) of such the enactment of this Act. plies, drugs, and vaccines;
Act after termination of eligibility under such SEC. 30402. PROHIBITION ON COPAYMENTS AND (4) procure and distribute critical medical sup-
section. COST SHARING FOR VETERANS RE- plies and equipment, including personal protec-
‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen- CEIVING COVID–19 TREATMENT FUR- tive equipment, medical devices, testing supplies,
alty shall be imposed under this section with re- NISHED BY DEPARTMENT OF VET- drugs, and vaccines;
spect to any failure if it is shown that such fail- ERANS AFFAIRS.
(5)(A) establish and maintain an up-to-date
ure is due to reasonable cause and not to willful (a) IN GENERAL.—Section 6006(b) of the Fami- national database of hospital capacity, includ-
neglect.’’. lies First Coronavirus Response Act (Public Law ing beds, ventilators, and supplies, including
(B) CLERICAL AMENDMENT.—The table of sec- 116–127; 38 U.S.C. 1701 note) is amended by personal protective equipment, medical devices,
tions of part I of subchapter B of chapter 68 of striking ‘‘or visits described in paragraph (2) of drugs, and vaccines; and
such Code is amended by adding at the end the such section’’ and inserting ‘‘, visits described in (B) provide weekly reports to the Congress on
following new item: paragraph (2) of such section, or hospital care gaps in such capacity and progress made toward
‘‘Sec. 6720C. Penalty for failure to notify health or medical services to treat COVID–19’’. closing the gaps;
plan of cessation of eligibility for (b) EFFECTIVE DATE.—The amendment made (6) require, as necessary, industry reporting
continuation coverage premium by subsection (a) shall apply with respect to on production and distribution of personal pro-
assistance.’’. hospital care and medical services furnished on tective equipment, medical devices, testing sup-
(16) COORDINATION WITH HCTC.— or after the date of the enactment of this Act. plies, drugs, and vaccines and assess financial
(A) IN GENERAL.—Section 35(g)(9) of the Inter- SEC. 30403. PROHIBITION ON COPAYMENTS AND penalties as may be specified by the Medical
nal Revenue Code of 1986 is amended to read as COST SHARING FOR FEDERAL CIVIL- Supplies Response Coordinator for failure to
follows: IAN EMPLOYEES RECEIVING COVID–
19 TREATMENT.
comply with such requirements for reporting on
‘‘(9) CONTINUATION COVERAGE PREMIUM AS- production and distribution;
SISTANCE.—In the case of an assistance eligible (a) IN GENERAL.—Section 6006(c) of the Fami-
(7) consult with the Secretary and the Admin-
individual who receives premium assistance for lies First Coronavirus Response Act (Public Law
istrator of the Federal Emergency Management
continuation coverage under section 30312(a)(1) 116–127; 5 U.S.C. 8904 note) is amended by strik-
Agency, as applicable, to ensure sufficient pro-
of the Worker Health Coverage Protection Act ing ‘‘or visits described in paragraph (2) of such
duction levels under the Defense Production Act
for any month during the taxable year, such in- section’’ and inserting ‘‘, visits described in
of 1950 (50 U.S.C. 4501 et seq.); and
dividual shall not be treated as an eligible indi- paragraph (2) of such section, or hospital care
(8) monitor the prices of critical medical sup-
vidual, a certified individual, or a qualifying or medical services to treat COVID–19’’.
plies and equipment, including personal protec-
family member for purposes of this section or (b) EFFECTIVE DATE.—The amendment made
tive equipment and medical devices, drugs, and
section 7527 with respect to such month.’’. by subsection (a) shall apply with respect to
vaccines related to detecting, diagnosing, pre-
(B) EFFECTIVE DATE.—The amendment made hospital care and medical services furnished on
venting, and treating COVID–19 and report any
by subparagraph (A) shall apply to taxable or after the date of the enactment of this Act.
suspected price gouging of such materials to the
years ending after the date of the enactment of TITLE V—PUBLIC HEALTH POLICIES Federal Trade Commission and appropriate law
this Act. SEC. 30501. DEFINITIONS. enforcement officials.
(17) EXCLUSION OF CONTINUATION COVERAGE
In this title: SEC. 30512. INFORMATION TO BE INCLUDED IN
PREMIUM ASSISTANCE FROM GROSS INCOME.—
(1) Except as inconsistent with the provisions LIST OF DEVICES DETERMINED TO
(A) IN GENERAL.—Part III of subchapter B of BE IN SHORTAGE.
of this title, the term ‘‘Secretary’’ means the
chapter 1 of the Internal Revenue Code of 1986
Secretary of Health and Human Services. Section 506J(g)(2)(A) of the Federal Food,
is amended by inserting after section 139H the
(2) The term ‘‘State’’ refers to each of the 50 Drug, and Cosmetic Act, as added by section
following new section:
States and the District of Columbia. 3121 of the CARES Act (Public Law 116–136), is
‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
ASSISTANCE.
(3) The term ‘‘Tribal’’, with respect to a de- amended by inserting ‘‘, including the device
partment of health (or health department), in- identifier or national product code for such de-
‘‘In the case of an assistance eligible indi-
cludes— vice, if applicable’’ before the period at the end.
vidual (as defined in subsection (a)(3) of section
(A) Indian Tribes that— SEC. 30513. EXTENDED SHELF LIFE DATES FOR
30312 of the Worker Health Coverage Protection
(i) are operating one or more health facilities ESSENTIAL DEVICES.
Act), gross income does not include any pre-
pursuant to an agreement under the Indian (a) IN GENERAL.—The Federal Food, Drug,
mium assistance provided under subsection
Self-Determination and Education Assistance and Cosmetic Act is amended by inserting after
(a)(1) of such section.’’.
Act (25 U.S.C. 5301 et seq.); or section 506J (21 U.S.C. 356j) the following:
(B) CLERICAL AMENDMENT.—The table of sec-
(ii) receive services from a facility operated by ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR
tions for part III of subchapter B of chapter 1
the Indian Health Services; and ESSENTIAL DEVICES.
of such Code is amended by inserting after the
(B) Tribal organizations and Urban Indian ‘‘(a) IN GENERAL.—A manufacturer of a device
item relating to section 139H the following new
organizations. subject to notification requirements under sec-
item:
‘‘Sec. 139I. Continuation coverage premium as- Subtitle A—Supply Chain Improvements tion 506J (in this section referred to as an ‘es-
sistance.’’. SEC. 30511. MEDICAL SUPPLIES RESPONSE COOR- sential device’) shall—
(C) EFFECTIVE DATE.—The amendments made DINATOR. ‘‘(1) submit to the Secretary data and infor-
by this paragraph shall apply to taxable years (a) IN GENERAL.—The President shall appoint mation as required by subsection (b)(1);
ending after the date of the enactment of this a Medical Supplies Response Coordinator to co- ‘‘(2) conduct and submit the results of any
Act. ordinate the efforts of the Federal Government studies required under subsection (b)(3); and
(18) DEADLINES WITH RESPECT TO NOTICES.— regarding the supply and distribution of critical ‘‘(3) make any labeling change described in
Notwithstanding section 518 of the Employee medical supplies and equipment related to de- subsection (c) by the date specified by the Sec-
Retirement Income Security Act of 1974 and sec- tecting, diagnosing, preventing, and treating retary pursuant to such subsection.
tion 7508A of the Internal Revenue Code of 1986, COVID–19, including personal protective equip- ‘‘(b) NOTIFICATION.—
the Secretary of Labor and the Secretary of the ment, medical devices, drugs, and vaccines. ‘‘(1) IN GENERAL.—The Secretary may issue an
Treasury, respectively, may not waive or extend (b) QUALIFICATIONS.—To qualify to be ap- order requiring the manufacturer of any essen-
any deadline with respect to the provision of no- pointed as the Medical Supplies Response Coor- tial device to submit, in such manner as the Sec-
tices described in paragraphs (7), (8), and (9). dinator, an individual shall be a senior govern- retary may prescribe, data and information from
(b) RULE OF CONSTRUCTION.—In all matters of ment official with— any stage of development of the device (includ-
interpretation, rules, and operational proce- (1) health care training, including training re- ing pilot, investigational, and final product val-
dures, the language of this section shall be in- lated to infectious diseases or hazardous expo- idation) that are adequate to assess the shelf life
terpreted broadly for the benefit of workers and sures; and of the device to determine the longest supported
their families. (2) a familiarity with medical supply chain lo- expiration date.
TITLE IV—APPLICATION TO OTHER gistics. ‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA AND
HEALTH PROGRAMS (c) ACTIVITIES.—The Medical Supplies Re- INFORMATION.—If the data and information re-
SEC. 30401. PROHIBITION ON COPAYMENTS AND sponse Coordinator shall— ferred to in paragraph (1) are not available or
COST SHARING FOR TRICARE BENE- (1) consult with State, local, territorial, and are insufficient, the Secretary may require the
FICIARIES RECEIVING COVID–19 Tribal officials to ensure that health care facili- manufacturer of the device to—
TREATMENT. ties and health care workers have sufficient per- ‘‘(A) conduct studies adequate to provide the
(a) IN GENERAL.—Section 6006(a) of the Fami- sonal protective equipment and other medical data and information; and
lies First Coronavirus Response Act (Public Law supplies; ‘‘(B) submit to the Secretary the results, data,
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116–127; 38 U.S.C. 1074 note) is amended by (2) evaluate ongoing needs of States, local- and information generated by such studies
striking ‘‘or visits described in paragraph (2) of ities, territories, Tribes, health care facilities, when available.
such section’’ and inserting ‘‘, visits described in and health care workers to determine the need ‘‘(c) LABELING.—The Secretary may issue an
paragraph (2) of such section, or medical care to for critical medical supplies and equipment; order requiring the manufacturer of an essential
treat COVID–19’’. (3) serve as a point of contact for industry for device to make by a specified date any labeling
(b) EFFECTIVE DATE.—The amendment made procurement and distribution of critical medical change regarding the expiration period that the
by subsection (a) shall apply with respect to supplies and equipment, including personal pro- Secretary determines to be appropriate based on
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