Congressional Record, Vol. 166, No. 61, House, March 27, 2020 — CARES Act (H.R. 748)
- Date
- 2020-03-27
Summary
The Congressional Record, Vol. 166, No. 61, for Friday, March 27, 2020, 116th Congress, Second Session. It notes that the Senate was not in session and records that the House met at 9 a.m. and was called to order by the Speaker pro tempore, Mr. Brown of Maryland. The House agrees to H. Res. 911, which amends dates in House Resolution 891 and provides for consideration of the Senate amendment to H.R. 748. Mr. Hoyer then calls up H.R. 748, and the record prints the Senate amendment, cited as the Coronavirus Aid, Relief, and Economic Security Act or CARES Act, with its table of contents, including Sec. 1102 on the paycheck protection program, Sec. 2301 on the employee retention credit and Sec. 5001 on the Coronavirus Relief Fund. The record closes with floor speeches by Members supporting the bill.
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, FRIDAY, MARCH 27, 2020 No. 61
Senate
The Senate was not in session today. Its next meeting will be held on Monday, March 30, 2020, at 11 a.m.
House of Representatives
FRIDAY, MARCH 27, 2020
The House met at 9 a.m. and was place to run, to that rock that is high- mous consent for its immediate consid-
called to order by the Speaker pro tem- er than us all, a tabernacle from the eration.
pore (Mr. BROWN of Maryland). storm, our Jehovah Shalom, our Jeho- The Clerk read the title of the resolu-
f vah Jireh, an everlasting tower and a tion.
strength from our enemies. The SPEAKER pro tempore. Is there
DESIGNATION OF THE SPEAKER
We have a rock. He is our God, a objection to the request of the gen-
PRO TEMPORE
place to hide. tleman from Maryland?
The SPEAKER pro tempore laid be- These things I pray in Jesus’ name.
fore the House the following commu- Amen. There was no objection.
nication from the Speaker: f
The text of the resolution is as fol-
WASHINGTON, DC, lows:
March 27, 2020. THE JOURNAL
H. RES. 911
I hereby appoint the Honorable ANTHONY The SPEAKER pro tempore. Pursu-
G. BROWN to act as Speaker pro tempore on Resolved, That House Resolution 891,
ant to section 7(a) of House Resolution agreed to March 11, 2020 (as amended by
this day.
891, the Journal of the last day’s pro- House Resolution 905, agreed to March 19,
NANCY PELOSI,
Speaker of the House of Representatives. ceedings is approved. 2020), is amended—
f f (1) in section 7, by striking ‘‘March 29,
2020’’ and inserting ‘‘April 19, 2020’’;
PRAYER PLEDGE OF ALLEGIANCE
(2) in section 10, by striking ‘‘March 29,
Reverend Dr. Dan C. Cummins, Cap- The SPEAKER pro tempore. Will the 2020’’ and inserting ‘‘April 19, 2020’’; and
itol Worship, Washington, D.C., offered gentleman from Colorado (Mr. NEGUSE) (3) in section 11, by striking ‘‘March 30,
the following prayer: come forward and lead the House in the 2020’’ and inserting ‘‘April 20, 2020’’.
Heavenly Father, this morning we Pledge of Allegiance. Sec. 2. Upon adoption of this resolution it
pause to remember Your humble serv- Mr. NEGUSE led the Pledge of Alle- shall be in order to take from the Speaker’s
ant, 91-year-old Holocaust survivor giance as follows: table the bill (H.R. 748) to amend the Inter-
Rabbi Romi Cohn, who lost his life this I pledge allegiance to the Flag of the nal Revenue Code of 1986 to repeal the excise
United States of America, and to the Repub- tax on high cost employer-sponsored health
week and who just 2 months ago, at coverage, with the Senate amendment there-
this very dais, as a guest chaplain, lic for which it stands, one nation under God,
indivisible, with liberty and justice for all. to, and to consider in the House, without
marked the 75th anniversary of his intervention of any point of order, a motion
Auschwitz liberation. f offered by the Majority Leader or his des-
May his memory be a blessing. RELATING TO HOUSE RESOLUTION ignee that the House concur in the Senate
Lord, where can we run to hide from 891, AND PROVIDING FOR CON- amendment. The Senate amendment and the
an enemy we cannot see? SIDERATION OF THE SENATE motion shall be considered as read. The mo-
On 9/11, we saw its hand: the planes tion shall be debatable for three hours equal-
AMENDMENT TO THE BILL (H.R. ly divided and controlled by the Majority
crashing the towers, the clouds of dust 748) TO AMEND THE INTERNAL
covering its victims, no tests needed. Leader and the Minority Leader or their re-
REVENUE CODE OF 1986 TO RE- spective designees. The previous question
Those fortunate could flee, but not PEAL THE EXCISE TAX ON HIGH shall be considered as ordered on the motion
now, not today. So are we all, as it COST EMPLOYER-SPONSORED to its adoption without intervening motion.
might seem, trapped above the 93rd HEALTH COVERAGE
floor? No, we have a place to run. The resolution was agreed to.
So let our hearts be comforted from Mr. HOYER. Mr. Speaker, I send to A motion to reconsider was laid on
the words of David’s psalm. We have a the desk a resolution and ask unani- the table.
b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m.
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Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
H1731
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H1732 CONGRESSIONAL RECORD — HOUSE March 27, 2020
MIDDLE CLASS HEALTH BENEFITS Sec. 2114. Extended unemployment benefits Sec. 3212. Telehealth network and telehealth re-
TAX REPEAL ACT OF 2019 under the Railroad Unemploy- source centers grant programs.
ment Insurance Act. Sec. 3213. Rural health care services outreach,
Mr. HOYER. Mr. Speaker, pursuant Sec. 2115. Funding for the DOL Office of In- rural health network develop-
to House Resolution 911, I call up the spector General for oversight of ment, and small health care pro-
bill (H.R. 748) to amend the Internal unemployment provisions. vider quality improvement grant
Revenue Code of 1986 to repeal the ex- Sec. 2116. Implementation. programs.
cise tax on high cost employer-spon- Subtitle B—Rebates and Other Individual Sec. 3214. United States Public Health Service
sored health coverage, with the Senate Provisions Modernization.
Sec. 3215. Limitation on liability for volunteer
amendment thereto, and ask for its im- Sec. 2201. 2020 recovery rebates for individuals.
health care professionals during
mediate consideration. Sec. 2202. Special rules for use of retirement
COVID–19 emergency response.
The Clerk read the title of the bill. funds.
Sec. 3216. Flexibility for members of National
The SPEAKER pro tempore. The Sec. 2203. Temporary waiver of required min-
Health Service Corps during emer-
imum distribution rules for certain
Clerk will designate the Senate amend- retirement plans and accounts.
gency period.
ment. Sec. 2204. Allowance of partial above the line SUBPART C—MISCELLANEOUS PROVISIONS
Senate amendment: deduction for charitable contribu- Sec. 3221. Confidentiality and disclosure of
Strike all after the enacting clause and in- tions. records relating to substance use
sert the following: Sec. 2205. Modification of limitations on chari- disorder.
SECTION 1. SHORT TITLE. table contributions during 2020. Sec. 3222. Nutrition services.
Sec. 2206. Exclusion for certain employer pay- Sec. 3223. Continuity of service and opportuni-
This Act may be cited as the ‘‘Coronavirus
ments of student loans. ties for participants in community
Aid, Relief, and Economic Security Act’’ or the
‘‘CARES Act’’. Subtitle C—Business Provisions service activities under title V of
the Older Americans Act of 1965.
SEC. 2. TABLE OF CONTENTS. Sec. 2301. Employee retention credit for employ-
Sec. 3224. Guidance on protected health infor-
The table of contents for this Act is as follows: ers subject to closure due to
mation.
Sec. 1. Short title. COVID–19.
Sec. 3225. Reauthorization of healthy start pro-
Sec. 2. Table of contents. Sec. 2302. Delay of payment of employer payroll
gram.
Sec. 3. References. taxes.
Sec. 3226. Importance of the blood supply.
Sec. 2303. Modifications for net operating
DIVISION A—KEEPING WORKERS PAID losses. PART III—INNOVATION
AND EMPLOYED, HEALTH CARE SYSTEM Sec. 2304. Modification of limitation on losses Sec. 3301. Removing the cap on OTA during
ENHANCEMENTS, AND ECONOMIC STA- for taxpayers other than corpora- public health emergencies.
BILIZATION tions. Sec. 3302. Priority zoonotic animal drugs.
TITLE I—KEEPING AMERICAN WORKERS Sec. 2305. Modification of credit for prior year PART IV—HEALTH CARE WORKFORCE
PAID AND EMPLOYED ACT minimum tax liability of corpora-
Sec. 3401. Reauthorization of health professions
Sec. 1101. Definitions. tions.
workforce programs.
Sec. 1102. Paycheck protection program. Sec. 2306. Modifications of limitation on busi-
Sec. 3402. Health workforce coordination.
Sec. 1103. Entrepreneurial development. ness interest.
Sec. 3403. Education and training relating to
Sec. 1104. State trade expansion program. Sec. 2307. Technical amendments regarding
geriatrics.
Sec. 1105. Waiver of matching funds require- qualified improvement property.
Sec. 3404. Nursing workforce development.
ment under the women’s business Sec. 2308. Temporary exception from excise tax
center program. for alcohol used to produce hand Subtitle B—Education Provisions
Sec. 1106. Loan forgiveness. sanitizer. Sec. 3501. Short title.
Sec. 1107. Direct appropriations. TITLE III—SUPPORTING AMERICA’S Sec. 3502. Definitions.
Sec. 1108. Minority business development agen- HEALTH CARE SYSTEM IN THE FIGHT Sec. 3503. Campus-based aid waivers.
cy. AGAINST THE CORONAVIRUS Sec. 3504. Use of supplemental educational op-
Sec. 1109. United States Treasury Program portunity grants for emergency
Subtitle A—Health Provisions
Management Authority. aid.
Sec. 1110. Emergency EIDL grants. Sec. 3001. Short title. Sec. 3505. Federal work-study during a quali-
Sec. 1111. Resources and services in languages PART I—ADDRESSING SUPPLY SHORTAGES fying emergency.
other than English. SUBPART A—MEDICAL PRODUCT SUPPLIES Sec. 3506. Adjustment of subsidized loan usage
Sec. 1112. Subsidy for certain loan payments. limits.
Sec. 3101. National Academies report on Amer-
Sec. 1113. Bankruptcy. Sec. 3507. Exclusion from Federal Pell Grant
ica’s medical product supply
Sec. 1114. Emergency rulemaking authority. duration limit.
chain security.
TITLE II—ASSISTANCE FOR AMERICAN Sec. 3102. Requiring the strategic national Sec. 3508. Institutional refunds and Federal
WORKERS, FAMILIES, AND BUSINESSES stockpile to include certain types student loan flexibility.
Subtitle A—Unemployment Insurance Provisions of medical supplies. Sec. 3509. Satisfactory academic progress.
Sec. 3103. Treatment of respiratory protective Sec. 3510. Continuing education at affected for-
Sec. 2101. Short title. eign institutions.
Sec. 2102. Pandemic Unemployment Assistance. devices as covered counter-
measures. Sec. 3511. National emergency educational
Sec. 2103. Emergency unemployment relief for waivers.
governmental entities and non- SUBPART B—MITIGATING EMERGENCY DRUG Sec. 3512. HBCU Capital financing.
profit organizations. SHORTAGES Sec. 3513. Temporary relief for federal student
Sec. 2104. Emergency increase in unemployment Sec. 3111. Prioritize reviews of drug applica- loan borrowers.
compensation benefits. tions; incentives. Sec. 3514. Provisions related to the Corporation
Sec. 2105. Temporary full Federal funding of Sec. 3112. Additional manufacturer reporting for National and Community
the first week of compensable reg- requirements in response to drug Service.
ular unemployment for States shortages. Sec. 3515. Workforce response activities.
with no waiting week. Sec. 3516. Technical amendments.
SUBPART C—PREVENTING MEDICAL DEVICE
Sec. 2106. Emergency State staffing flexibility. Sec. 3517. Waiver authority and reporting re-
SHORTAGES
Sec. 2107. Pandemic emergency unemployment quirement for institutional aid.
compensation. Sec. 3121. Discontinuance or interruption in the
production of medical devices. Sec. 3518. Authorized uses and other modifica-
Sec. 2108. Temporary financing of short-time
tions for grants.
compensation payments in States PART II—ACCESS TO HEALTH CARE FOR Sec. 3519. Service obligations for teachers.
with programs in law. COVID–19 PATIENTS
Sec. 2109. Temporary financing of short-time Subtitle C—Labor Provisions
SUBPART A—COVERAGE OF TESTING AND
compensation agreements. PREVENTIVE SERVICES Sec. 3601. Limitation on paid leave.
Sec. 2110. Grants for short-time compensation Sec. 3602. Emergency Paid Sick Leave Act Limi-
Sec. 3201. Coverage of diagnostic testing for
programs. tation.
COVID–19.
Sec. 2111. Assistance and guidance in imple- Sec. 3603. Unemployment insurance.
Sec. 3202. Pricing of diagnostic testing.
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menting programs. Sec. 3604. OMB Waiver of Paid Family and
Sec. 3203. Rapid coverage of preventive services
Sec. 2112. Waiver of the 7-day waiting period Paid Sick Leave.
and vaccines for coronavirus.
for benefits under the Railroad Sec. 3605. Paid leave for rehired employees.
Unemployment Insurance Act. SUBPART B—SUPPORT FOR HEALTH CARE Sec. 3606. Advance refunding of credits.
Sec. 2113. Enhanced benefits under the Rail- PROVIDERS Sec. 3607. Expansion of DOL Authority to post-
road Unemployment Insurance Sec. 3211. Supplemental awards for health cen- pone certain deadlines.
Act. ters. Sec. 3608. Single-employer plan funding rules.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1733
Sec. 3609. Application of cooperative and small Sec. 3813. Delay of DSH reductions. Sec. 4023. Forbearance of residential mortgage
employer charity pension plan Sec. 3814. Extension and expansion of Commu- loan payments for multifamily
rules to certain charitable employ- nity Mental Health Services dem- properties with federally backed
ers whose primary exempt purpose onstration program. loans.
is providing services with respect PART III—HUMAN SERVICES AND OTHER Sec. 4024. Temporary moratorium on eviction
to mothers and children. HEALTH PROGRAMS filings.
Sec. 3610. Federal contractor authority. Sec. 3821. Extension of sexual risk avoidance Sec. 4025. Protection of collective bargaining
Sec. 3611. Technical corrections. agreement.
education program.
Subtitle D—Finance Committee Sec. 3822. Extension of personal responsibility Sec. 4026. Reports.
Sec. 3701. Exemption for telehealth services. education program. Sec. 4027. Direct appropriation.
Sec. 3702. Inclusion of certain over-the-counter Sec. 3823. Extension of demonstration projects Sec. 4028. Rule of construction.
medical products as qualified to address health professions Sec. 4029. Termination of authority.
medical expenses. workforce needs. Subtitle B—Air Carrier Worker Support
Sec. 3703. Increasing Medicare telehealth flexi- Sec. 3824. Extension of the temporary assistance Sec. 4111. Definitions.
bilities during emergency period. for needy families program and Sec. 4112. Pandemic relief for aviation workers.
Sec. 3704. Enhancing Medicare telehealth serv- related programs. Sec. 4113. Procedures for providing payroll sup-
ices for Federally qualified health PART IV—PUBLIC HEALTH PROVISIONS port.
centers and rural health clinics Sec. 4114. Required assurances.
Sec. 3831. Extension for community health cen-
during emergency period. Sec. 4115. Protection of collective bargaining
Sec. 3705. Temporary waiver of requirement for ters, the National Health Service
Corps, and teaching health cen- agreement.
face-to-face visits between home Sec. 4116. Limitation on certain employee com-
dialysis patients and physicians. ters that operate GME programs.
Sec. 3832. Diabetes programs. pensation.
Sec. 3706. Use of telehealth to conduct face-to-
PART V—MISCELLANEOUS PROVISIONS Sec. 4117. Tax payer protection.
face encounter prior to recertifi-
Sec. 4118. Reports.
cation of eligibility for hospice Sec. 3841. Prevention of duplicate appropria- Sec. 4119. Coordination.
care during emergency period. tions for fiscal year 2020. Sec. 4120. Direct appropriation.
Sec. 3707. Encouraging use of telecommuni- Subtitle F—Over-the-Counter Drugs
cations systems for home health TITLE V—CORONAVIRUS RELIEF FUNDS
services furnished during emer- PART I—OTC DRUG REVIEW Sec. 5001. Coronavirus Relief Fund.
gency period. Sec. 3851. Regulation of certain nonprescription
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 3708. Improving care planning for Medi- drugs that are marketed without
an approved drug application. Sec. 6001. COVID–19 borrowing authority for
care home health services.
Sec. 3709. Adjustment of sequestration. Sec. 3852. Misbranding. the United States Postal Service.
Sec. 3710. Medicare hospital inpatient prospec- Sec. 3853. Drugs excluded from the over-the- Sec. 6002. Emergency designation.
tive payment system add-on pay- counter drug review. DIVISION B—EMERGENCY APPROPRIA-
ment for COVID–19 patients dur- Sec. 3854. Treatment of Sunscreen Innovation TIONS FOR CORONAVIRUS HEALTH RE-
ing emergency period. Act. SPONSE AND AGENCY OPERATIONS
Sec. 3711. Increasing access to post-acute care Sec. 3855. Annual update to Congress on appro- SEC. 3. REFERENCES.
during emergency period. priate pediatric indication for cer- Except as expressly provided otherwise, any
Sec. 3712. Revising payment rates for durable tain OTC cough and cold drugs. reference to ‘‘this Act’’ contained in any divi-
medical equipment under the Sec. 3856. Technical corrections.
sion of this Act shall be treated as referring only
Medicare program through dura- PART II—USER FEES to the provisions of that division.
tion of emergency period. Sec. 3861. Finding.
Sec. 3713. Coverage of the COVID–19 vaccine DIVISION A—KEEPING WORKERS PAID
Sec. 3862. Fees relating to over-the-counter AND EMPLOYED, HEALTH CARE SYSTEM
under part B of the Medicare pro- drugs.
gram without any cost-sharing. ENHANCEMENTS, AND ECONOMIC STA-
Sec. 3714. Requiring Medicare prescription drug TITLE IV—ECONOMIC STABILIZATION AND BILIZATION
plans and MA–PD plans to allow ASSISTANCE TO SEVERELY DISTRESSED TITLE I—KEEPING AMERICAN WORKERS
during the COVID–19 emergency SECTORS OF THE UNITED STATES ECON- PAID AND EMPLOYED ACT
period for fills and refills of cov- OMY
SEC. 1101. DEFINITIONS.
ered part D drugs for up to a 3- Subtitle A—Coronavirus Economic Stabilization
In this title—
month supply. Act of 2020
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
Sec. 3715. Providing home and community- Sec. 4001. Short title. trator’’ mean the Small Business Administration
based services in acute care hos- Sec. 4002. Definitions. and the Administrator thereof, respectively; and
pitals. Sec. 4003. Emergency relief and taxpayer pro- (2) the term ‘‘small business concern’’ has the
Sec. 3716. Clarification regarding uninsured in- tections. meaning given the term in section 3 of the Small
dividuals. Sec. 4004. Limitation on certain employee com- Business Act (15 U.S.C. 636).
Sec. 3717. Clarification regarding coverage of pensation. SEC. 1102. PAYCHECK PROTECTION PROGRAM.
COVID–19 testing products. Sec. 4005. Continuation of certain air service.
Sec. 3718. Amendments relating to reporting re- Sec. 4006. Coordination with Secretary of (a) IN GENERAL.—Section 7(a) of the Small
quirements with respect to clinical Transportation. Business Act (15 U.S.C. 636(a)) is amended—
diagnostic laboratory tests. Sec. 4007. Suspension of certain aviation excise (1) in paragraph (2)—
Sec. 3719. Expansion of the Medicare hospital taxes. (A) in subparagraph (A), in the matter pre-
accelerated payment program dur- Sec. 4008. Debt guarantee authority. ceding clause (i), by striking ‘‘and (E)’’ and in-
ing the COVID–19 public health Sec. 4009. Temporary Government in the Sun- serting ‘‘(E), and (F)’’; and
emergency. shine Act relief. (B) by adding at the end the following:
Sec. 3720. Delaying requirements for enhanced Sec. 4010. Temporary hiring flexibility. ‘‘(F) PARTICIPATION IN THE PAYCHECK PROTEC-
FMAP to enable State legislation Sec. 4011. Temporary lending limit waiver. TION PROGRAM.—In an agreement to participate
necessary for compliance. Sec. 4012. Temporary relief for community in a loan on a deferred basis under paragraph
Subtitle E—Health and Human Services banks. (36), the participation by the Administration
Extenders Sec. 4013. Temporary relief from troubled debt shall be 100 percent.’’; and
restructurings. (2) by adding at the end the following:
PART I—MEDICARE PROVISIONS
Sec. 4014. Optional temporary relief from cur- ‘‘(36) PAYCHECK PROTECTION PROGRAM.—
Sec. 3801. Extension of the work geographic ‘‘(A) DEFINITIONS.—In this paragraph—
rent expected credit losses.
index floor under the Medicare ‘‘(i) the terms ‘appropriate Federal banking
Sec. 4015. Non-applicability of restrictions on
program. agency’ and ‘insured depository institution’
ESF during national emergency.
Sec. 3802. Extension of funding for quality have the meanings given those terms in section
Sec. 4016. Temporary credit union provisions.
measure endorsement, input, and 3 of the Federal Deposit Insurance Act (12
Sec. 4017. Increasing access to materials nec-
selection. U.S.C. 1813);
essary for national security and
Sec. 3803. Extension of funding outreach and ‘‘(ii) the term ‘covered loan’ means a loan
pandemic recovery.
assistance for low-income pro- made under this paragraph during the covered
Sec. 4018. Special Inspector General for Pan-
grams.
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demic Recovery. period;
PART II—MEDICAID PROVISIONS Sec. 4019. Conflicts of interest. ‘‘(iii) the term ‘covered period’ means the pe-
Sec. 3811. Extension of the Money Follows the Sec. 4020. Congressional Oversight Commission. riod beginning on February 15, 2020 and ending
Person rebalancing demonstration Sec. 4021. Credit protection during COVID–19. on June 30, 2020;
program. Sec. 4022. Foreclosure moratorium and con- ‘‘(iv) the term ‘eligible recipient’ means an in-
Sec. 3812. Extension of spousal impoverishment sumer right to request forbear- dividual or entity that is eligible to receive a
protections. ance. covered loan;
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H1734 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(v) the term ‘eligible self-employed indi- ‘‘(I) IN GENERAL.—During the covered period, riod beginning on January 31, 2020 and ending
vidual’ has the meaning given the term in sec- individuals who operate under a sole proprietor- on the date on which covered loans are made
tion 7002(b) of the Families First Coronavirus ship or as an independent contractor and eligi- available to be refinanced under the covered
Response Act (Public Law 116–127); ble self-employed individuals shall be eligible to loan; or
‘‘(vi) the term ‘insured credit union’ has the receive a covered loan. ‘‘(ii) $10,000,000.
meaning given the term in section 101 of the ‘‘(II) DOCUMENTATION.—An eligible self-em- ‘‘(F) ALLOWABLE USES OF COVERED LOANS.—
Federal Credit Union Act (12 U.S.C. 1752); ployed individual, independent contractor, or ‘‘(i) IN GENERAL.—During the covered period,
‘‘(vii) the term ‘nonprofit organization’ means sole proprietorship seeking a covered loan shall an eligible recipient may, in addition to the al-
an organization that is described in section submit such documentation as is necessary to lowable uses of a loan made under this sub-
501(c)(3) of the Internal Revenue Code of 1986 establish such individual as eligible, including section, use the proceeds of the covered loan
and that is exempt from taxation under section payroll tax filings reported to the Internal Rev- for—
501(a) of such Code; enue Service, Forms 1099–MISC, and income and ‘‘(I) payroll costs;
‘‘(viii) the term ‘payroll costs’— ‘‘(II) costs related to the continuation of
expenses from the sole proprietorship, as deter-
‘‘(I) means— group health care benefits during periods of
mined by the Administrator and the Secretary.
‘‘(aa) the sum of payments of any compensa- ‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 paid sick, medical, or family leave, and insur-
tion with respect to employees that is a— PHYSICAL LOCATION.—During the covered pe-
ance premiums;
‘‘(AA) salary, wage, commission, or similar ‘‘(III) employee salaries, commissions, or simi-
riod, any business concern that employs not
compensation; lar compensations;
more than 500 employees per physical location ‘‘(IV) payments of interest on any mortgage
‘‘(BB) payment of cash tip or equivalent; of the business concern and that is assigned a
‘‘(CC) payment for vacation, parental, family, obligation (which shall not include any prepay-
North American Industry Classification System ment of or payment of principal on a mortgage
medical, or sick leave; code beginning with 72 at the time of disbursal
‘‘(DD) allowance for dismissal or separation; obligation);
shall be eligible to receive a covered loan. ‘‘(V) rent (including rent under a lease agree-
‘‘(EE) payment required for the provisions of ‘‘(iv) WAIVER OF AFFILIATION RULES.—During
group health care benefits, including insurance ment);
the covered period, the provisions applicable to ‘‘(VI) utilities; and
premiums; affiliations under section 121.103 of title 13,
‘‘(FF) payment of any retirement benefit; or ‘‘(VII) interest on any other debt obligations
Code of Federal Regulations, or any successor that were incurred before the covered period.
‘‘(GG) payment of State or local tax assessed
regulation, are waived with respect to eligibility ‘‘(ii) DELEGATED AUTHORITY.—
on the compensation of employees; and ‘‘(I) IN GENERAL.—For purposes of making
‘‘(bb) the sum of payments of any compensa- for a covered loan for—
‘‘(I) any business concern with not more than covered loans for the purposes described in
tion to or income of a sole proprietor or inde-
500 employees that, as of the date on which the clause (i), a lender approved to make loans
pendent contractor that is a wage, commission, under this subsection shall be deemed to have
covered loan is disbursed, is assigned a North
income, net earnings from self-employment, or been delegated authority by the Administrator
American Industry Classification System code
similar compensation and that is in an amount to make and approve covered loans, subject to
beginning with 72;
that is not more than $100,000 in 1 year, as pro- ‘‘(II) any business concern operating as a the provisions of this paragraph.
rated for the covered period; and franchise that is assigned a franchise identifier ‘‘(II) CONSIDERATIONS.—In evaluating the eli-
‘‘(II) shall not include— gibility of a borrower for a covered loan with
code by the Administration; and
‘‘(aa) the compensation of an individual em- ‘‘(III) any business concern that receives fi- the terms described in this paragraph, a lender
ployee in excess of an annual salary of $100,000, nancial assistance from a company licensed shall consider whether the borrower—
as prorated for the covered period; under section 301 of the Small Business Invest- ‘‘(aa) was in operation on February 15, 2020;
‘‘(bb) taxes imposed or withheld under chap- and
ment Act of 1958 (15 U.S.C. 681).
ters 21, 22, or 24 of the Internal Revenue Code ‘‘(v) EMPLOYEE.—For purposes of determining ‘‘(bb)(AA) had employees for whom the bor-
of 1986 during the covered period; whether a business concern, nonprofit organiza- rower paid salaries and payroll taxes; or
‘‘(cc) any compensation of an employee whose tion, veterans organization, or Tribal business ‘‘(BB) paid independent contractors, as re-
principal place of residence is outside of the concern described in section 31(b)(2)(C) employs ported on a Form 1099–MISC.
United States; not more than 500 employees under clause (i)(I), ‘‘(iii) ADDITIONAL LENDERS.—The authority to
‘‘(dd) qualified sick leave wages for which a make loans under this paragraph shall be ex-
the term ‘employee’ includes individuals em-
credit is allowed under section 7001 of the Fami- tended to additional lenders determined by the
ployed on a full-time, part-time, or other basis.
lies First Coronavirus Response Act (Public Law ‘‘(vi) AFFILIATION.—The provisions applicable Administrator and the Secretary of the Treasury
116–127); or to affiliations under section 121.103 of title 13, to have the necessary qualifications to process,
‘‘(ee) qualified family leave wages for which a close, disburse and service loans made with the
Code of Federal Regulations, or any successor
credit is allowed under section 7003 of the Fami- guarantee of the Administration.
thereto, shall apply with respect to a nonprofit
lies First Coronavirus Response Act (Public Law ‘‘(iv) REFINANCE.—A loan made under sub-
organization and a veterans organization in the
116–127); and section (b)(2) during the period beginning on
same manner as with respect to a small business
‘‘(ix) the term ‘veterans organization’ means January 31, 2020 and ending on the date on
concern.
an organization that is described in section ‘‘(E) MAXIMUM LOAN AMOUNT.—During the which covered loans are made available may be
501(c)(19) of the Internal Revenue Code that is covered period, with respect to a covered loan, refinanced as part of a covered loan.
exempt from taxation under section 501(a) of the maximum loan amount shall be the lesser ‘‘(v) NONRECOURSE.—Notwithstanding the
such Code. of— waiver of the personal guarantee requirement or
‘‘(B) PAYCHECK PROTECTION LOANS.—Except ‘‘(i)(I) the sum of— collateral under subparagraph (J), the Adminis-
as otherwise provided in this paragraph, the ‘‘(aa) the product obtained by multiplying— trator shall have no recourse against any indi-
Administrator may guarantee covered loans ‘‘(AA) the average total monthly payments by vidual shareholder, member, or partner of an el-
under the same terms, conditions, and processes the applicant for payroll costs incurred during igible recipient of a covered loan for non-
as a loan made under this subsection. the 1-year period before the date on which the payment of any covered loan, except to the ex-
‘‘(C) REGISTRATION OF LOANS.—Not later than loan is made, except that, in the case of an ap- tent that such shareholder, member, or partner
15 days after the date on which a loan is made plicant that is seasonal employer, as determined uses the covered loan proceeds for a purpose not
under this paragraph, the Administration shall by the Administrator, the average total monthly authorized under clause (i).
register the loan using the TIN (as defined in payments for payroll shall be for the 12-week ‘‘(G) BORROWER REQUIREMENTS.—
section 7701 of the Internal Revenue Code of period beginning February 15, 2019, or at the ‘‘(i) CERTIFICATION.—An eligible recipient ap-
1986) assigned to the borrower. election of the eligible recipient, March 1, 2019, plying for a covered loan shall make a good
‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN and ending June 30, 2019; by faith certification—
SMALL BUSINESSES AND ORGANIZATIONS.— ‘‘(BB) 2.5; and ‘‘(I) that the uncertainty of current economic
‘‘(i) IN GENERAL.—During the covered period, ‘‘(bb) the outstanding amount of a loan under conditions makes necessary the loan request to
in addition to small business concerns, any busi- subsection (b)(2) that was made during the pe- support the ongoing operations of the eligible re-
ness concern, nonprofit organization, veterans riod beginning on January 31, 2020 and ending cipient;
organization, or Tribal business concern de- on the date on which covered loans are made ‘‘(II) acknowledging that funds will be used to
scribed in section 31(b)(2)(C) shall be eligible to available to be refinanced under the covered retain workers and maintain payroll or make
receive a covered loan if the business concern, loan; or mortgage payments, lease payments, and utility
nonprofit organization, veterans organization, ‘‘(II) if requested by an otherwise eligible re- payments;
or Tribal business concern employs not more cipient that was not in business during the pe- ‘‘(III) that the eligible recipient does not have
than the greater of— riod beginning on February 15, 2019 and ending an application pending for a loan under this
‘‘(I) 500 employees; or on June 30, 2019, the sum of— subsection for the same purpose and duplicative
‘‘(II) if applicable, the size standard in num- ‘‘(aa) the product obtained by multiplying— of amounts applied for or received under a cov-
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ber of employees established by the Administra- ‘‘(AA) the average total monthly payments by ered loan; and
tion for the industry in which the business con- the applicant for payroll costs incurred during ‘‘(IV) during the period beginning on Feb-
cern, nonprofit organization, veterans organiza- the period beginning on January 1, 2020 and ruary 15, 2020 and ending on December 31, 2020,
tion, or Tribal business concern operates. ending on February 29, 2020; by that the eligible recipient has not received
‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDE- ‘‘(BB) 2.5; and amounts under this subsection for the same pur-
PENDENT CONTRACTORS, AND ELIGIBLE SELF-EM- ‘‘(bb) the outstanding amount of a loan under pose and duplicative of amounts applied for or
PLOYED INDIVIDUALS.— subsection (b)(2) that was made during the pe- received under a covered loan.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1735
‘‘(H) FEE WAIVER.—During the covered period, ‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLO- Business Act (15 U.S.C. 636(a)(31)(G)) is amend-
with respect to a covered loan— SURES.—Notwithstanding any other provision of ed—
‘‘(i) in lieu of the fee otherwise applicable law, an insured depository institution or an in- (1) by striking clause (ii); and
under paragraph (23)(A), the Administrator sured credit union that modifies a covered loan (2) by redesignating clause (iii) as clause (ii).
shall collect no fee; and in relation to COVID–19-related difficulties in a (e) INTERIM RULE.—On and after the date of
‘‘(ii) in lieu of the fee otherwise applicable troubled debt restructuring on or after March enactment of this Act, the interim final rule
under paragraph (18)(A), the Administrator 13, 2020, shall not be required to comply with the published by the Administrator entitled ‘‘Ex-
shall collect no fee. Financial Accounting Standards Board Ac- press Loan Programs: Affiliation Standards’’ (85
‘‘(I) CREDIT ELSEWHERE.—During the covered counting Standards Codification Subtopic 310–40 Fed. Reg. 7622 (February 10, 2020)) is perma-
period, the requirement that a small business (‘Receivables – Troubled Debt Restructurings by nently rescinded and shall have no force or ef-
concern is unable to obtain credit elsewhere, as Creditors’) for purposes of compliance with the fect.
defined in section 3(h), shall not apply to a cov- requirements of the Federal Deposit Insurance SEC. 1103. ENTREPRENEURIAL DEVELOPMENT.
ered loan. Act (12 U.S.C. 1811 et seq.), until such time and (a) DEFINITIONS.—In this section—
‘‘(J) WAIVER OF PERSONAL GUARANTEE RE- under such circumstances as the appropriate (1) the term ‘‘covered small business concern’’
QUIREMENT.—During the covered period, with Federal banking agency or the National Credit means a small business concern that has experi-
respect to a covered loan— Union Administration Board, as applicable, de- enced, as a result of COVID–19—
‘‘(i) no personal guarantee shall be required (A) supply chain disruptions, including
termines appropriate.
for the covered loan; and ‘‘(P) REIMBURSEMENT FOR PROCESSING.— changes in—
‘‘(ii) no collateral shall be required for the (i) quantity and lead time, including the num-
‘‘(i) IN GENERAL.—The Administrator shall re-
covered loan. ber of shipments of components and delays in
imburse a lender authorized to make a covered
‘‘(K) MATURITY FOR LOANS WITH REMAINING shipments;
loan at a rate, based on the balance of the fi-
BALANCE AFTER APPLICATION OF FORGIVENESS.—
(ii) quality, including shortages in supply for
nancing outstanding at the time of disbursement
With respect to a covered loan that has a re- quality control reasons; and
of the covered loan, of— (iii) technology, including a compromised pay-
maining balance after reduction based on the ‘‘(I) 5 percent for loans of not more than ment network;
loan forgiveness amount under section 1106 of $350,000; (B) staffing challenges;
the CARES Act— ‘‘(II) 3 percent for loans of more than $350,000 (C) a decrease in gross receipts or customers;
‘‘(i) the remaining balance shall continue to and less than $2,000,000; and or
be guaranteed by the Administration under this ‘‘(III) 1 percent for loans of not less than (D) a closure;
subsection; and $2,000,000. (2) the term ‘‘resource partner’’ means—
‘‘(ii) the covered loan shall have a maximum ‘‘(ii) FEE LIMITS.—An agent that assists an el- (A) a small business development center; and
maturity of 10 years from the date on which the igible recipient to prepare an application for a (B) a women’s business center;
borrower applies for loan forgiveness under that covered loan may not collect a fee in excess of (3) the term ‘‘small business development cen-
section. the limits established by the Administrator. ter’’ has the meaning given the term in section
‘‘(L) INTEREST RATE REQUIREMENTS.—A cov- ‘‘(iii) TIMING.—A reimbursement described in 3 of the Small Business Act (15 U.S.C. 632); and
ered loan shall bear an interest rate not to ex- clause (i) shall be made not later than 5 days (4) the term ‘‘women’s business center’’ means
ceed 4 percent. after the disbursement of the covered loan. a women’s business center described in section
‘‘(M) LOAN DEFERMENT.— ‘‘(iv) SENSE OF THE SENATE.—It is the sense of 29 of the Small Business Act (15 U.S.C. 656).
‘‘(i) DEFINITION OF IMPACTED BORROWER.— the Senate that the Administrator should issue (b) EDUCATION, TRAINING, AND ADVISING
‘‘(I) IN GENERAL.—In this subparagraph, the guidance to lenders and agents to ensure that GRANTS.—
term ‘impacted borrower’ means an eligible re- the processing and disbursement of covered (1) IN GENERAL.—The Administration may pro-
cipient that— loans prioritizes small business concerns and en- vide financial assistance in the form of grants to
‘‘(aa) is in operation on February 15, 2020; tities in underserved and rural markets, includ- resource partners to provide education, training,
and ing veterans and members of the military com- and advising to covered small business concerns.
‘‘(bb) has an application for a covered loan munity, small business concerns owned and con- (2) USE OF FUNDS.—Grants under this sub-
that is approved or pending approval on or after trolled by socially and economically disadvan- section shall be used for the education, training,
the date of enactment of this paragraph. taged individuals (as defined in section and advising of covered small business concerns
‘‘(II) PRESUMPTION.—For purposes of this sub- 8(d)(3)(C)), women, and businesses in operation and their employees on—
paragraph, an impacted borrower is presumed to (A) accessing and applying for resources pro-
for less than 2 years.
have been adversely impacted by COVID–19. ‘‘(Q) DUPLICATION.—Nothing in this para- vided by the Administration and other Federal
‘‘(ii) DEFERRAL.—During the covered period, graph shall prohibit a recipient of an economic resources relating to access to capital and busi-
the Administrator shall— injury disaster loan made under subsection ness resiliency;
‘‘(I) consider each eligible recipient that ap- (B) the hazards and prevention of the trans-
(b)(2) during the period beginning on January
plies for a covered loan to be an impacted bor- mission and communication of COVID–19 and
31, 2020 and ending on the date on which cov-
rower; and other communicable diseases;
ered loans are made available that is for a pur- (C) the potential effects of COVID–19 on the
‘‘(II) require lenders under this subsection to pose other than paying payroll costs and other
provide complete payment deferment relief for supply chains, distribution, and sale of products
obligations described in subparagraph (F) from of covered small business concerns and the miti-
impacted borrowers with covered loans for a pe- receiving assistance under this paragraph.
riod of not less than 6 months, including pay- gation of those effects;
‘‘(R) WAIVER OF PREPAYMENT PENALTY.—Not- (D) the management and practice of telework
ment of principal, interest, and fees, and not withstanding any other provision of law, there to reduce possible transmission of COVID–19;
more than 1 year. shall be no prepayment penalty for any pay- (E) the management and practice of remote
‘‘(iii) SECONDARY MARKET.—During the cov- ment made on a covered loan.’’. customer service by electronic or other means;
ered period, with respect to a covered loan that (b) COMMITMENTS FOR 7(A) LOANS.—During (F) the risks of and mitigation of cyber threats
is sold on the secondary market, if an investor the period beginning on February 15, 2020 and in remote customer service or telework practices;
declines to approve a deferral requested by a ending on June 30, 2020— (G) the mitigation of the effects of reduced
lender under clause (ii), the Administrator shall (1) the amount authorized for commitments for travel or outside activities on covered small busi-
exercise the authority to purchase the loan so general business loans authorized under section ness concerns during COVID–19 or similar oc-
that the impacted borrower may receive a defer- 7(a) of the Small Business Act (15 U.S.C. 636(a)), currences; and
ral for a period of not less than 6 months, in- including loans made under paragraph (36) of (H) any other relevant business practices nec-
cluding payment of principal, interest, and fees, such section, as added by subsection (a), shall essary to mitigate the economic effects of
and not more than 1 year. be $349,000,000,000; and COVID–19 or similar occurrences.
‘‘(iv) GUIDANCE.—Not later than 30 days after (2) the amount authorized for commitments for (3) GRANT DETERMINATION.—
the date of enactment of this paragraph, the such loans under the heading ‘‘BUSINESS LOANS (A) SMALL BUSINESS DEVELOPMENT CENTERS.—
Administrator shall provide guidance to lenders PROGRAM ACCOUNT’’ under the heading ‘‘SMALL The Administration shall award 80 percent of
under this paragraph on the deferment process BUSINESS ADMINISTRATION’’ under title V of the funds authorized to carry out this subsection to
described in this subparagraph. Consolidated Appropriations Act, 2020 (Public small business development centers, which shall
‘‘(N) SECONDARY MARKET SALES.—A covered Law 116–93; 133 Stat. 2475) shall not apply. be awarded pursuant to a formula jointly devel-
loan shall be eligible to be sold in the secondary (c) EXPRESS LOANS.— oped, negotiated, and agreed upon, with full
market consistent with this subsection. The Ad- (1) IN GENERAL.—Section 7(a)(31)(D) of the participation of both parties, between the asso-
ministrator may not collect any fee for any Small Business Act (15 U.S.C. 636(a)(31)(D)) is ciation formed under section 21(a)(3)(A) of the
guarantee sold into the secondary market under amended by striking ‘‘$350,000’’ and inserting Small Business Act (15 U.S.C. 648(a)(3)(A)) and
this subparagraph. ‘‘$1,000,000’’. the Administration.
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‘‘(O) REGULATORY CAPITAL REQUIREMENTS.— (2) PROSPECTIVE REPEAL.—Effective on Janu- (B) WOMEN’S BUSINESS CENTERS.—The Admin-
‘‘(i) RISK WEIGHT.—With respect to the appro- ary 1, 2021, section 7(a)(31)(D) of the Small istration shall award 20 percent of funds au-
priate Federal banking agencies or the National Business Act (15 U.S.C. 636(a)(31)(D)) is amend- thorized to carry out this subsection to women’s
Credit Union Administration Board applying ed by striking ‘‘$1,000,000’’ and inserting business centers, which shall be awarded pursu-
capital requirements under their respective risk- ‘‘$350,000’’. ant to a process established by the Administra-
based capital requirements, a covered loan shall (d) EXCEPTION TO GUARANTEE FEE WAIVER tion in consultation with recipients of assist-
receive a risk weight of zero percent. FOR VETERANS.—Section 7(a)(31)(G) of the Small ance.
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H1736 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(C) NO MATCHING FUNDS REQUIRED.—Match- (iv) other relevant outcome performance data covered loan in an amount equal to the sum of
ing funds shall not be required for any grant with respect to covered small business concerns, the following costs incurred and payments made
under this subsection. including the number of employees affected, the during the covered period:
(4) GOALS AND METRICS.— effect on sales, the disruptions of supply chains, (1) Payroll costs.
(A) IN GENERAL.—Goals and metrics for the and the efforts made by the Administration and (2) Any payment of interest on any covered
funds made available under this subsection resource partners to mitigate these effects; and mortgage obligation (which shall not include
shall be jointly developed, negotiated, and (B) with respect to the grant program under any prepayment of or payment of principal on
agreed upon, with full participation of both par- subsection (c)— a covered mortgage obligation).
ties, between the resource partners and the Ad- (i) the efforts of the Administrator and the as- (3) Any payment on any covered rent obliga-
ministrator, which shall— sociation or associations to develop and evolve tion.
(i) take into consideration the extent of the an online resource for small business concerns; (4) Any covered utility payment.
circumstances relating to the spread of COVID– and (c) TREATMENT OF AMOUNTS FORGIVEN.—
19, or similar occurrences, that affect covered (ii) the efforts of the Administrator and the (1) IN GENERAL.—Amounts which have been
small business concerns located in the areas cov- association or associations to develop a training forgiven under this section shall be considered
ered by the resource partner, particularly in program for resource partner counselors, includ- canceled indebtedness by a lender authorized
rural areas or economically distressed areas; ing the number of counselors trained. under section 7(a) of the Small Business Act (15
(ii) generally follow the use of funds outlined U.S.C. 636(a)).
SEC. 1104. STATE TRADE EXPANSION PROGRAM.
(2) PURCHASE OF GUARANTEES.—For purposes
in paragraph (2), but shall not restrict the ac- (a) IN GENERAL.—Notwithstanding paragraph of the purchase of the guarantee for a covered
tivities of resource partners in responding to (3)(C)(iii) of section 22(l) of the Small Business loan by the Administrator, amounts which are
unique situations; and Act (15 U.S.C. 649(l)), for grants under the State
(iii) encourage resource partners to develop forgiven under this section shall be treated in
Trade Expansion Program under such section accordance with the procedures that are other-
and provide services to covered small business 22(l) using amounts made available for fiscal
concerns. wise applicable to a loan guaranteed under sec-
year 2018 or fiscal year 2019, the period of the tion 7(a) of the Small Business Act (15 U.S.C.
(B) PUBLIC AVAILABILITY.—The Administrator grant shall continue through the end of fiscal
shall make publicly available the methodology 636(a)).
year 2021. (3) REMITTANCE.—Not later than 90 days after
by which the Administrator and resource part- (b) REIMBURSEMENT.—The Administrator shall the date on which the amount of forgiveness
ners jointly develop the metrics and goals de- reimburse any recipient of assistance under sec- under this section is determined, the Adminis-
scribed in subparagraph (A). tion 22(l) of the Small Business Act (15 U.S.C.
PARTNER ASSOCIATION trator shall remit to the lender an amount equal
(c) RESOURCE 649(l)) for financial losses relating to a foreign
GRANTS.— to the amount of forgiveness, plus any interest
trade mission or a trade show exhibition that accrued through the date of payment.
(1) IN GENERAL.—The Administrator may pro- was cancelled solely due to a public health (4) ADVANCE PURCHASE OF COVERED LOAN.—
vide grants to an association or associations emergency declared due to COVID–19 if the re- (A) REPORT.—A lender authorized under sec-
representing resource partners under which the imbursement does not exceed a recipient’s grant tion 7(a) of the Small Business Act (15 U.S.C.
association or associations shall establish a sin- funding. 636(a)), or, at the discretion of the Adminis-
gle centralized hub for COVID–19 information, SEC. 1105. WAIVER OF MATCHING FUNDS RE- trator, a third party participant in the sec-
which shall include— QUIREMENT UNDER THE WOMEN’S ondary market, may, report to the Administrator
(A) 1 online platform that consolidates re- BUSINESS CENTER PROGRAM.
an expected forgiveness amount on a covered
sources and information available across mul- During the 3-month period beginning on the loan or on a pool of covered loans of up to 100
tiple Federal agencies for small business con- date of enactment of this Act, the requirement percent of the principal on the covered loan or
cerns related to COVID–19; and relating to obtaining cash contributions from pool of covered loans, respectively.
(B) a training program to educate resource non-Federal sources under section 29(c)(1) of the (B) PURCHASE.—The Administrator shall pur-
partner counselors, members of the Service Small Business Act (15 U.S.C. 656(c)(1)) is chase the expected forgiveness amount described
Corps of Retired Executives established under waived for any recipient of assistance under in subparagraph (A) as if the amount were the
section 8(b)(1)(B) of the Small Business Act (15 such section 29. principal amount of a loan guaranteed under
U.S.C. 637(b)(1)(B)), and counselors at veterans SEC. 1106. LOAN FORGIVENESS. section 7(a) of the Small Business Act 636(a)).
business outreach centers described in section 32 (a) DEFINITIONS.—In this section— (C) TIMING.—Not later than 15 days after the
of the Small Business Act (15 U.S.C. 657b) on the (1) the term ‘‘covered loan’’ means a loan date on which the Administrator receives a re-
resources and information described in subpara- guaranteed under paragraph (36) of section 7(a) port under subparagraph (A), the Administrator
graph (A). of the Small Business Act (15 U.S.C. 636(a)), as shall purchase the expected forgiveness amount
(2) GOALS AND METRICS.—Goals and metrics added by section 1102; under subparagraph (B) with respect to each
for the funds made available under this sub- (2) the term ‘‘covered mortgage obligation’’ covered loan to which the report relates.
section shall be jointly developed, negotiated, means any indebtedness or debt instrument in- (d) LIMITS ON AMOUNT OF FORGIVENESS.—
and agreed upon, with full participation of both curred in the ordinary course of business that— (1) AMOUNT MAY NOT EXCEED PRINCIPAL.—The
parties, between the association or associations (A) is a liability of the borrower; amount of loan forgiveness under this section
receiving a grant under this subsection and the (B) is a mortgage on real or personal property; shall not exceed the principal amount of the fi-
Administrator. and nancing made available under the applicable
(d) REPORT.—Not later than 6 months after (C) was incurred before February 15, 2020; covered loan.
the date of enactment of this Act, and annually (3) the term ‘‘covered period’’ means the 8- (2) REDUCTION BASED ON REDUCTION IN NUM-
thereafter, the Administrator shall submit to the week period beginning on the date of the origi- BER OF EMPLOYEES.—
Committee on Small Business and Entrepreneur- nation of a covered loan; (A) IN GENERAL.—The amount of loan forgive-
ship of the Senate and the Committee on Small (4) the term ‘‘covered rent obligation’’ means ness under this section shall be reduced, but not
Business of the House of Representatives a re- rent obligated under a leasing agreement in increased, by multiplying the amount described
port that describes— force before February 15, 2020; in subsection (b) by the quotient obtained by di-
(1) with respect to the initial year covered by (5) the term ‘‘covered utility payment’’ means viding—
the report— payment for a service for the distribution of (i) the average number of full-time equivalent
(A) the programs and services developed and electricity, gas, water, transportation, tele- employees per month employed by the eligible
provided by the Administration and resource phone, or internet access for which service recipient during the covered period; by
partners under subsection (b); began before February 15, 2020; (ii)(I) at the election of the borrower—
(B) the initial efforts to provide those services (6) the term ‘‘eligible recipient’’ means the re- (aa) the average number of full-time equiva-
under subsection (b); and cipient of a covered loan; lent employees per month employed by the eligi-
(C) the online platform and training devel- (7) the term ‘‘expected forgiveness amount’’ ble recipient during the period beginning on
oped and provided by the Administration and means the amount of principal that a lender February 15, 2019 and ending on June 30, 2019;
the association or associations under subsection reasonably expects a borrower to expend during or
(c); and the covered period on the sum of any— (bb) the average number of full-time equiva-
(2) with respect to the subsequent years cov- (A) payroll costs; lent employees per month employed by the eligi-
ered by the report— (B) payments of interest on any covered mort- ble recipient during the period beginning on
(A) with respect to the grant program under gage obligation (which shall not include any January 1, 2020 and ending on February 29,
subsection (b)— prepayment of or payment of principal on a cov- 2020; or
(i) the efforts of the Administrator and re- ered mortgage obligation); (II) in the case of an eligible recipient that is
source partners to develop services to assist cov- (C) payments on any covered rent obligation; seasonal employer, as determined by the Admin-
ered small business concerns; and istrator, the average number of full-time equiva-
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(ii) the challenges faced by owners of covered (D) covered utility payments; and lent employees per month employed by the eligi-
small business concerns in accessing services (8) the term ‘‘payroll costs’’ has the meaning ble recipient during the period beginning on
provided by the Administration and resource given that term in paragraph (36) of section 7(a) February 15, 2019 and ending on June 30, 2019.
partners; of the Small Business Act (15 U.S.C. 636(a)), as (B) CALCULATION OF AVERAGE NUMBER OF EM-
(iii) the number of unique covered small busi- added by section 1102 of this Act. PLOYEES.—For purposes of subparagraph (A),
ness concerns that were served by the Adminis- (b) FORGIVENESS.—An eligible recipient shall the average number of full-time equivalent em-
tration and resource partners; and be eligible for forgiveness of indebtedness on a ployees shall be determined by calculating the
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1737
average number of full-time equivalent employ- terest payments on a covered mortgage obliga- (6) $10,000,000,000 under the heading ‘‘Small
ees for each pay period falling within a month. tion, make payments on a covered rent obliga- Business Administration—Emergency EIDL
(3) REDUCTION RELATING TO SALARY AND tion, or make covered utility payments; and Grants’’ shall be for carrying out section 1110 of
WAGES.— (4) any other documentation the Adminis- this Act;
(A) IN GENERAL.—The amount of loan forgive- trator determines necessary. (7) $17,000,000,000 under the heading ‘‘Small
ness under this section shall be reduced by the (f) PROHIBITION ON FORGIVENESS WITHOUT Business Administration—Business Loans Pro-
amount of any reduction in total salary or DOCUMENTATION.—No eligible recipient shall re- gram Account, CARES Act’’ shall be for car-
wages of any employee described in subpara- ceive forgiveness under this section without sub- rying out section 1112 of this Act; and
graph (B) during the covered period that is in mitting to the lender that is servicing the cov- (8) $25,000,000 under the heading ‘‘Department
excess of 25 percent of the total salary or wages ered loan the documentation required under of the Treasury—Departmental Offices—Sala-
of the employee during the most recent full subsection (e). ries and Expenses’’ shall be for carrying out sec-
quarter during which the employee was em- (g) DECISION.—Not later than 60 days after tion 1109 of this Act.
ployed before the covered period. the date on which a lender receives an applica- (b) SECONDARY MARKET.—During the period
(B) EMPLOYEES DESCRIBED.—An employee de- tion for loan forgiveness under this section from beginning on the date of enactment of this Act
scribed in this subparagraph is any employee an eligible recipient, the lender shall issue a de- and ending on September 30, 2021, guarantees of
who did not receive, during any single pay pe- cision on the an application. trust certificates authorized by section 5(g) of
riod during 2019, wages or salary at an (h) HOLD HARMLESS.—If a lender has received the Small Business Act (15 U.S.C. 635(g)) shall
annualized rate of pay in an amount more than the documentation required under this section not exceed a principal amount of
$100,000. from an eligible recipient attesting that the eligi- $100,000,000,000.
(4) TIPPED WORKERS.—An eligible recipient ble recipient has accurately verified the pay- (c) REPORTS.—Not later than 180 days after
with tipped employees described in section ments for payroll costs, payments on covered the date of enactment of this Act, the Adminis-
3(m)(2)(A) of the Fair Labor Standards Act of mortgage obligations, payments on covered lease trator shall submit to the Committee on Appro-
1938 (29 U.S.C. 203(m)(2)(A)) may receive for- obligations, or covered utility payments during priations of the Senate and the Committee on
giveness for additional wages paid to those em- covered period— Appropriations of the House of Representatives
ployees. (1) an enforcement action may not be taken a detailed expenditure plan for using the
(5) EXEMPTION FOR RE-HIRES.— against the lender under section 47(e) of the amounts appropriated to the Administration
(A) IN GENERAL.—In a circumstance described Small Business Act (15 U.S.C. 657t(e)) relating to under subsection (a).
in subparagraph (B), the amount of loan for- loan forgiveness for the payments for payroll SEC. 1108. MINORITY BUSINESS DEVELOPMENT
giveness under this section shall be determined costs, payments on covered mortgage obliga- AGENCY.
without regard to a reduction in the number of tions, payments on covered lease obligations, or (a) DEFINITIONS.—In this section—
full-time equivalent employees of an eligible re- covered utility payments, as the case may be; (1) the term ‘‘Agency’’ means the Minority
cipient or a reduction in the salary of 1 or more and Business Development Agency of the Depart-
employees of the eligible recipient, as applicable, (2) the lender shall not be subject to any pen- ment of Commerce;
during the period beginning on February 15, alties by the Administrator relating to loan for- (2) the term ‘‘minority business center’’ means
2020 and ending on the date that is 30 days after giveness for the payments for payroll costs, pay- a Business Center of the Agency;
the date of enactment of this Act. ments on covered mortgage obligations, pay- (3) the term ‘‘minority business enterprise’’
(B) CIRCUMSTANCES.—A circumstance de- ments on covered lease obligations, or covered means a for-profit business enterprise—
scribed in this subparagraph is a circumstance— utility payments, as the case may be. (A) not less than 51 percent of which is owned
(i) in which— (i) TAXABILITY.—For purposes of the Internal by 1 or more socially disadvantaged individuals,
(I) during the period beginning on February Revenue Code of 1986, any amount which (but as determined by the Agency; and
15, 2020 and ending on the date that is 30 days for this subsection) would be includible in gross (B) the management and daily business oper-
after the date of enactment of this Act, there is income of the eligible recipient by reason of for- ations of which are controlled by 1 or more so-
a reduction, as compared to February 15, 2020, giveness described in subsection (b) shall be ex- cially disadvantaged individuals, as determined
in the number of full-time equivalent employees cluded from gross income. by the Agency; and
of an eligible recipient; and (j) RULE OF CONSTRUCTION.—The cancellation (4) the term ‘‘minority chamber of commerce’’
(II) not later than June 30, 2020, the eligible of indebtedness on a covered loan under this means a chamber of commerce developed specifi-
employer has eliminated the reduction in the section shall not otherwise modify the terms and cally to support minority business enterprises.
number of full-time equivalent employees; conditions of the covered loan. (b) EDUCATION, TRAINING, AND ADVISING
(ii) in which— (k) REGULATIONS.—Not later than 30 days GRANTS.—
(I) during the period beginning on February after the date of enactment of this Act, the Ad- (1) IN GENERAL.—The Agency may provide fi-
15, 2020 and ending on the date that is 30 days ministrator shall issue guidance and regulations nancial assistance in the form of grants to mi-
after the date of enactment of this Act, there is implementing this section. nority business centers and minority chambers
a reduction, as compared to February 15, 2020,
SEC. 1107. DIRECT APPROPRIATIONS. of commerce to provide education, training, and
in the salary or wages of 1 or more employees of
(a) IN GENERAL.—There is appropriated, out advising to minority business enterprises.
the eligible recipient; and
of amounts in the Treasury not otherwise ap- (2) USE OF FUNDS.—Grants under this section
(II) not later than June 30, 2020, the eligible
propriated, for the fiscal year ending September shall be used for the education, training, and
employer has eliminated the reduction in the
30, 2020, to remain available until September 30, advising of minority business enterprises and
salary or wages of such employees; or
(iii) in which the events described in clause (i) 2021, for additional amounts— their employees on—
and (ii) occur. (1) $349,000,000,000 under the heading ‘‘Small (A) accessing and applying for resources pro-
(6) EXEMPTIONS.—The Administrator and the Business Administration—Business Loans Pro- vided by the Agency and other Federal re-
Secretary of the Treasury may prescribe regula- gram Account, CARES Act’’ for the cost of guar- sources relating to access to capital and busi-
tions granting de minimis exemptions from the anteed loans as authorized under paragraph ness resiliency;
requirements under this subsection. (36) of section 7(a) of the Small Business Act (15 (B) the hazards and prevention of the trans-
(e) APPLICATION.—An eligible recipient seek- U.S.C. 636(a)), as added by section 1102(a) of mission and communication of COVID–19 and
ing loan forgiveness under this section shall this Act; other communicable diseases;
submit to the lender that is servicing the covered (2) $675,000,000 under the heading ‘‘Small (C) the potential effects of COVID–19 on the
loan an application, which shall include— Business Administration—Salaries and Ex- supply chains, distribution, and sale of products
(1) documentation verifying the number of penses’’ for salaries and expenses of the Admin- of minority business enterprises and the mitiga-
full-time equivalent employees on payroll and istration; tion of those effects;
pay rates for the periods described in subsection (3) $25,000,000 under the heading ‘‘Small Busi- (D) the management and practice of telework
(d), including— ness Administration—Office of Inspector Gen- to reduce possible transmission of COVID–19;
(A) payroll tax filings reported to the Internal eral’’, to remain available until September 30, (E) the management and practice of remote
Revenue Service; and 2024, for necessary expenses of the Office of In- customer service by electronic or other means;
(B) State income, payroll, and unemployment spector General of the Administration in car- (F) the risks of and mitigation of cyber threats
insurance filings; rying out the provisions of the Inspector Gen- in remote customer service or telework practices;
(2) documentation, including cancelled eral Act of 1978 (5 U.S.C. App.); (G) the mitigation of the effects of reduced
checks, payment receipts, transcripts of ac- (4) $265,000,000 under the heading ‘‘Small travel or outside activities on minority business
counts, or other documents verifying payments Business Administration—Entrepreneurial De- enterprises during COVID–19 or similar occur-
on covered mortgage obligations, payments on velopment Programs’’, of which— rences; and
covered lease obligations, and covered utility (A) $240,000,000 shall be for carrying out sec- (H) any other relevant business practices nec-
payments; tion 1103(b) of this Act; and essary to mitigate the economic effects of
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(3) a certification from a representative of the (B) $25,000,000 shall be for carrying out sec- COVID–19 or similar occurrences.
eligible recipient authorized to make such cer- tion 1103(c) of this Act; (3) NO MATCHING FUNDS REQUIRED.—Matching
tifications that— (5) $10,000,000 under the heading ‘‘Department funds shall not be required for any grant under
(A) the documentation presented is true and of Commerce—Minority Business Development this section.
correct; and Agency’’ for minority business centers of the Mi- (4) GOALS AND METRICS.—
(B) the amount for which forgiveness is re- nority Business Development Agency to provide (A) IN GENERAL.—Goals and metrics for the
quested was used to retain employees, make in- technical assistance to small business concerns; funds made available under this section shall be
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H1738 CONGRESSIONAL RECORD — HOUSE March 27, 2020
jointly developed, negotiated, and agreed upon, (iv) other relevant outcome performance data (C) A guarantee percentage that, to the max-
with full participation of both parties, between with respect to minority business enterprises, in- imum extent practicable, is consistent with the
the minority business centers, minority cham- cluding the number of employees affected, the guarantee percentage required under subpara-
bers of commerce, and the Agency, which effect on sales, the disruptions of supply chains, graph (F) of section 7(a)(2) of the Small Busi-
shall— and the efforts made by the Agency, minority ness Act (15 U.S.C. 636(a)(2)), as added by sec-
(i) take into consideration the extent of the business centers, and minority chambers of com- tion 1102 of this Act.
circumstances relating to the spread of COVID– merce to mitigate these effects . (D) Loan forgiveness under terms and condi-
19, or similar occurrences, that affect minority (e) AUTHORIZATION OF APPROPRIATIONS.— tions that, to the maximum extent practicable, is
business enterprises located in the areas covered There is authorized to be appropriated consistent with the terms and conditions for
by minority business centers and minority cham- $10,000,000 to carry out this section, to remain loan forgiveness under section 1106 of this Act.
bers of commerce, particularly in rural areas or available until expended. (e) ADDITIONAL REGULATIONS GENERALLY.—
economically distressed areas; SEC. 1109. UNITED STATES TREASURY PROGRAM The Secretary may issue regulations and guid-
(ii) generally follow the use of funds outlined MANAGEMENT AUTHORITY. ance as necessary to carry out the purposes of
in paragraph (2), but shall not restrict the ac- (a) DEFINITIONS.—In this section— this section, including to allow additional lend-
tivities of minority business centers and minor- (1) the terms ‘‘appropriate Federal banking ers to originate loans under this title and to es-
ity chambers of commerce in responding to agency’’ and ‘‘insured depository institution’’ tablish terms and conditions such as compensa-
unique situations; and have the meanings given those terms in section tion, underwriting standards, interest rates, and
(iii) encourage minority business centers and 3 of the Federal Deposit Insurance Act (12 maturity for under this section.
minority chambers of commerce to develop and U.S.C. 1813); (f) CERTIFICATION.—As a condition of receiv-
provide services to minority business enterprises. (2) the term ‘‘insured credit union’’ has the ing a loan under this section, a borrower shall
(B) PUBLIC AVAILABILITY.—The Agency shall meaning given the term in section 101 of the certify under terms acceptable to the Secretary
make publicly available the methodology by Federal Credit Union Act (12 U.S.C. 1752); and that the borrower—
which the Agency, minority business centers, (3) the term ‘‘Secretary’’ means the Secretary (1) does not have an application pending for
and minority chambers of commerce jointly de- of the Treasury. a loan under section 7(a) of the Small Business
velop the metrics and goals described in sub- (b) AUTHORITY TO INCLUDE ADDITIONAL FI- Act (15 U.S.C. 636(a)) for the same purpose; and
paragraph (A). NANCIAL INSTITUTIONS.—The Department of the (2) has not received such a loan during the pe-
(c) WAIVERS.— Treasury, in consultation with the Adminis- riod beginning on February 15, 2020 and ending
(1) IN GENERAL.—Notwithstanding any other trator, and the Chairman of the Farm Credit on December 31, 2020.
provision of law or regulation, the Agency may, Administration shall establish criteria for in- (g) OPT-IN FOR SBA QUALIFIED LENDERS.—
during the 3-month period that begins on the sured depository institutions, insured credit Lenders qualified to participate as a lender
date of enactment of this Act, waive any match- unions, institutions of the Farm Credit System under 7(a) of the Small Business Act (15 U.S.C.
ing requirement imposed on a minority business chartered under the Farm Credit Act of 1971 (12 636(a)) may elect to participate in the paycheck
center or a specialty center of the Agency under U.S.C. 2001 et seq.), and other lenders that do protection program under the criteria, terms,
a cooperative agreement between such a center not already participate in lending under pro- and conditions established under this section.
and the Agency if the applicable center is un- grams of the Administration, to participate in Such participation shall not preclude the lend-
able to raise funds, or has suffered a loss of rev- the paycheck protection program to provide ers from continuing participation as a lender
enue, because of the effects of COVID–19. loans under this section until the date on which under section 7(a) of the Small Business Act (15
(2) REMAINING COMPLIANT.—Notwithstanding the national emergency declared by the Presi- U.S.C. 636(a)).
any provision of a cooperative agreement be- dent under the National Emergencies Act (50 (h) PROGRAM ADMINISTRATION.—With guid-
tween the Agency and a minority business cen- U.S.C. 1601 et seq.) with respect to the ance from the Secretary, the Administrator shall
ter, if, during the period beginning on the date Coronavirus Disease 2019 (COVID–19) expires. administer the program established under this
of enactment of this Act and ending on Sep- (c) SAFETY AND SOUNDNESS.—An insured de- section, including the making and purchasing of
tember 30, 2021, such a center decides not to col- pository institution, insured credit union, insti- guarantees on loans under the program, until
lect fees because of the economic consequences tution of the Farm Credit System chartered the date on which the national emergency de-
of COVID–19, the center shall be considered to under the Farm Credit Act of 1971 (12 U.S.C. clared by the President under the National
be in compliance with that agreement if— 2001 et seq.), or other lender may only partici- Emergencies Act (50 U.S.C. 1601 et seq.) with re-
(A) the center notifies the Agency with respect pate in the program established under this sec- spect to the Coronavirus Disease 2019 (COVID–
to that decision, which the center may provide tion if participation does not affect the safety 19) expires.
through electronic mail; and and soundness of the institution or lender, as (i) CRIMINAL PENALTIES.—A loan under this
(B) the Agency, not later than 15 days after determined by the Secretary in consultation section shall be deemed to be a loan under the
the date on which the center provides notice to with the appropriate Federal banking agencies Small Business Act (15 U.S.C. 631 et seq.) for
the Agency under subparagraph (A)— or the National Credit Union Administration purposes of section 16 of such Act (15 U.S.C.
(i) confirms receipt of the notification under Board, as applicable. 645).
subparagraph (A); and (d) REGULATIONS FOR LENDERS AND LOANS.—
SEC. 1110. EMERGENCY EIDL GRANTS.
(ii) accepts the decision of the center. (1) IN GENERAL.—The Secretary may issue reg-
(d) REPORT.—Not later than 6 months after ulations and guidance as necessary to carry out (a) DEFINITIONS.—In this section—
the date of enactment of this Act, and annually the purposes of this section, including to— (1) the term ‘‘covered period’’ means the pe-
thereafter, the Agency shall submit to the Com- (A) allow additional lenders to originate loans riod beginning on January 31, 2020 and ending
mittee on Small Business and Entrepreneurship under this section; and on December 31, 2020; and
and the Committee on Commerce, Science, and (B) establish terms and conditions for loans (2) the term ‘‘eligible entity’’ means—
Transportation of the Senate and the Committee under this section, including terms and condi- (A) a business with not more than 500 employ-
on Small Business and the Committee on Energy tions concerning compensation, underwriting ees;
and Commerce of the House of Representatives a standards, interest rates, and maturity. (B) any individual who operates under a sole
report that describes— (2) REQUIREMENTS.—The terms and conditions proprietorship, with or without employees, or as
(1) with respect to the period covered by the established under paragraph (1) shall provide an independent contractor;
initial report— for the following: (C) a cooperative with not more than 500 em-
(A) the programs and services developed and (A) A rate of interest that does not exceed the ployees;
provided by the Agency, minority business cen- maximum permissible rate of interest available (D) an ESOP (as defined in section 3 of the
ters, and minority chambers of commerce under on a loan of comparable maturity under para- Small Business Act (15 U.S.C. 632)) with not
subsection (b); and graph (36) of section 7(a) of the Small Business more than 500 employees; or
(B) the initial efforts to provide those services Act (15 U.S.C. 636(a)), as added by section 1102 (E) a tribal small business concern, as de-
under subsection (b); and of this Act. scribed in section 31(b)(2)(C) of the Small Busi-
(2) with respect to subsequent years covered (B) Terms and conditions that, to the max- ness Act (15 U.S.C. 657a(b)(2)(C)), with not more
by the report— imum extent practicable, are consistent with the than 500 employees.
(A) with respect to the grant program under terms and conditions required under the fol- (b) ELIGIBLE ENTITIES.—During the covered
subsection (b)— lowing provisions of paragraph (36) of section period, in addition to small business concerns,
(i) the efforts of the Agency, minority business 7(a) of the Small Business Act (15 U.S.C. 636(a)), private nonprofit organizations, and small agri-
centers, and minority chambers of commerce to as added by section 1102 of this Act: cultural cooperatives, an eligible entity shall be
develop services to assist minority business en- (i) Subparagraph (D), pertaining to borrower eligible for a loan made under section 7(b)(2) of
terprises; eligibility. the Small Business Act (15 U.S.C. 636(b)(2)).
(ii) the challenges faced by owners of minority (ii) Subparagraph (E), pertaining to the max- (c) TERMS; CREDIT ELSEWHERE.—With respect
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business enterprises in accessing services pro- imum loan amount. to a loan made under section 7(b)(2) of the Small
vided by the Agency, minority business centers, (iii) Subparagraph (F)(i), pertaining to allow- Business Act (15 U.S.C. 636(b)(2)) in response to
and minority chambers of commerce; able uses of program loans. COVID–19 during the covered period, the Ad-
(iii) the number of unique minority business (iv) Subparagraph (H), pertaining to fee waiv- ministrator shall waive—
enterprises that were served by the Agency, mi- ers. (1) any rules related the personal guarantee
nority business centers, or minority chambers of (v) Subparagraph (M), pertaining to loan on advances and loans of not more than $200,000
commerce; and deferment. during the covered period for all applicants;
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1739
(2) the requirement that an applicant needs to (2) in subparagraph (B), by striking ‘‘or’’ at (c) PRINCIPAL AND INTEREST PAYMENTS.—
be in business for the 1-year period before the the end; (1) IN GENERAL.—The Administrator shall pay
disaster, except that no waiver may be made for (3) in subparagraph (C), by striking ‘‘or’’ at the principal, interest, and any associated fees
a business that was not in operation on January the end; that are owed on a covered loan in a regular
31, 2020; and (4) by redesignating subparagraph (D) as sub- servicing status—
(3) the requirement in the flush matter fol- paragraph (E); (A) with respect to a covered loan made before
lowing subparagraph (E) of section 7(b)(2) of (5) by inserting after subparagraph (C) the the date of enactment of this Act and not on
the Small Business Act (15 U.S.C. 636(b)(2)), as following: deferment, for the 6-month period beginning
so redesignated by subsection (f) of this section, ‘‘(D) an emergency involving Federal primary with the next payment due on the covered loan;
that an applicant be unable to obtain credit responsibility determined to exist by the Presi- (B) with respect to a covered loan made before
elsewhere. dent under the section 501(b) of the Robert T. the date of enactment of this Act and on
(d) APPROVAL AND ABILITY TO REPAY FOR Stafford Disaster Relief and Emergency Assist- deferment, for the 6-month period beginning
SMALL DOLLAR LOANS.—With respect to a loan ance Act (42 U.S.C. 5191(b)); or’’; and with the next payment due on the covered loan
made under section 7(b)(2) of the Small Business (6) in subparagraph (E), as so redesignated— after the deferment period; and
Act (15 U.S.C. 636(b)(2)) in response to COVID– (A) by striking ‘‘or (C)’’ and inserting ‘‘(C), or (C) with respect to a covered loan made dur-
19 during the covered period, the Administrator (D)’’; ing the period beginning on the date of enact-
may— (B) by striking ‘‘disaster declaration’’ each ment of this Act and ending on the date that is
(1) approve an applicant based solely on the place it appears and inserting ‘‘disaster or emer- 6 months after such date of enactment, for the
credit score of the applicant and shall not re- gency declaration’’; 6-month period beginning with the first payment
quire an applicant to submit a tax return or a (C) by striking ‘‘disaster has occurred’’ and due on the covered loan.
tax return transcript for such approval; or inserting ‘‘disaster or emergency has occurred’’; (2) TIMING OF PAYMENT.—The Administrator
(2) use alternative appropriate methods to de- (D) by striking ‘‘such disaster’’ and inserting shall begin making payments under paragraph
termine an applicant’s ability to repay. ‘‘such disaster or emergency’’; and (1) on a covered loan not later than 30 days
(e) EMERGENCY GRANT.— (E) by striking ‘‘disaster stricken’’ and insert- after the date on which the first such payment
(1) IN GENERAL.—During the covered period, ing ‘‘disaster- or emergency-stricken’’; and is due.
an entity included for eligibility in subsection (7) in the flush matter following subparagraph (3) APPLICATION OF PAYMENT.—Any payment
(b), including small business concerns, private (E), as so redesignated, by striking the period at made by the Administrator under paragraph (1)
nonprofit organizations, and small agricultural the end and inserting the following: ‘‘: Provided shall be applied to the covered loan such that
cooperatives, that applies for a loan under sec- further, That for purposes of subparagraph (D), the borrower is relieved of the obligation to pay
tion 7(b)(2) of the Small Business Act (15 U.S.C. the Administrator shall deem that such an emer- that amount.
636(b)(2)) in response to COVID–19 may request gency affects each State or subdivision thereof (d) OTHER REQUIREMENTS.—The Adminis-
that the Administrator provide an advance that (including counties), and that each State or trator shall—
is, subject to paragraph (3), in the amount re- subdivision has sufficient economic damage to (1) communicate and coordinate with the Fed-
quested by such applicant to such applicant small business concerns to qualify for assistance eral Deposit Insurance Corporation, the Office
within 3 days after the Administrator receives under this paragraph and the Administrator of the Comptroller of the Currency, and State
an application from such applicant. shall accept applications for such assistance im- bank regulators to encourage those entities to
(2) VERIFICATION.—Before disbursing amounts mediately.’’. not require lenders to increase their reserves on
under this subsection, the Administrator shall SEC. 1111. RESOURCES AND SERVICES IN LAN- account of receiving payments made by the Ad-
verify that the applicant is an eligible entity by GUAGES OTHER THAN ENGLISH. ministrator under subsection (c);
accepting a self-certification from the applicant (a) IN GENERAL.—The Administrator shall (2) waive statutory limits on maximum loan
under penalty of perjury pursuant to section provide the resources and services made avail- maturities for any covered loan durations where
1746 of title 28 United States Code. able by the Administration to small business the lender provides a deferral and extends the
(3) AMOUNT.—The amount of an advance pro- concerns in the 10 most commonly spoken lan- maturity of covered loans during the 1-year pe-
vided under this subsection shall be not more guages, other than English, in the United riod following the date of enactment of this Act;
than $10,000. States, which shall include Mandarin, Can- and
(4) USE OF FUNDS.—An advance provided tonese, Japanese, and Korean. (3) when necessary to provide more time be-
under this subsection may be used to address (b) AUTHORIZATION OF APPROPRIATIONS.— cause of the potential of higher volumes, travel
any allowable purpose for a loan made under There is authorized to be appropriated to the restrictions, and the inability to access some
section 7(b)(2) of the Small Business Act (15 Administrator $25,000,000 to carry out this sec- properties during the COVID–19 pandemic, ex-
U.S.C. 636(b)(2)), including— tion. tend lender site visit requirements to—
(A) providing paid sick leave to employees un- SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAY- (A) not more than 60 days (which may be ex-
able to work due to the direct effect of the MENTS. tended at the discretion of the Administration)
COVID–19; (a) DEFINITION OF COVERED LOAN.—In this after the occurrence of an adverse event, other
(B) maintaining payroll to retain employees section, the term ‘‘covered loan’’ means a loan than a payment default, causing a loan to be
during business disruptions or substantial slow- that is— classified as in liquidation; and
downs; (1) guaranteed by the Administration under— (B) not more than 90 days after a payment de-
(C) meeting increased costs to obtain materials (A) section 7(a) of the Small Business Act (15 fault.
unavailable from the applicant’s original source U.S.C. 636(a))— (e) RULE OF CONSTRUCTION.—Nothing in this
due to interrupted supply chains; (i) including a loan made under the Commu- section may be construed to limit the authority
(D) making rent or mortgage payments; and nity Advantage Pilot Program of the Adminis- of the Administrator to make payments pursu-
(E) repaying obligations that cannot be met tration; and ant to subsection (c) with respect to a covered
due to revenue losses. (ii) excluding a loan made under paragraph loan solely because the covered loan has been
(5) REPAYMENT.—An applicant shall not be re- (36) of such section 7(a), as added by section sold in the secondary market.
quired to repay any amounts of an advance pro- 1102; or (f) AUTHORIZATION OF APPROPRIATIONS.—
vided under this subsection, even if subse- (B) title V of the Small Business Investment There is authorized to be appropriated to the
quently denied a loan under section 7(b)(2) of Act of 1958 (15 U.S.C. 695 et seq.); or Administrator $17,000,000,000 to carry out this
the Small Business Act (15 U.S.C. 636(b)(2)). (2) made by an intermediary to a small busi- section.
(6) UNEMPLOYMENT GRANT.—If an applicant ness concern using loans or grants received SEC. 1113. BANKRUPTCY.
that receives an advance under this subsection under section 7(m) of the Small Business Act (15 (a) SMALL BUSINESS DEBTOR REORGANIZA-
transfers into, or is approved for, the loan pro- U.S.C. 636(m)). TION.—
gram under section 7(a) of the Small Business (b) SENSE OF CONGRESS.—It is the sense of (1) IN GENERAL.—Section 1182(1) of title 11,
Act (15 U.S.C. 636(a)), the advance amount shall Congress that— United States Code, is amended to read as fol-
be reduced from the loan forgiveness amount for (1) all borrowers are adversely affected by lows:
a loan for payroll costs made under such section COVID–19; ‘‘(1) DEBTOR.—The term ‘debtor’—
7(a). (2) relief payments by the Administration are ‘‘(A) subject to subparagraph (B), means a
(7) AUTHORIZATION OF APPROPRIATIONS.— appropriate for all borrowers; and person engaged in commercial or business activi-
There is authorized to be appropriated to the (3) in addition to the relief provided under ties (including any affiliate of such person that
Administration $10,000,000,000 to carry out this this Act, the Administration should encourage is also a debtor under this title and excluding a
subsection. lenders to provide payment deferments, when person whose primary activity is the business of
(8) TERMINATION.—The authority to carry out appropriate, and to extend the maturity of cov- owning single asset real estate) that has aggre-
grants under this subsection shall terminate on ered loans, so as to avoid balloon payments or gate noncontingent liquidated secured and un-
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December 31, 2020. any requirement for increases in debt payments secured debts as of the date of the filing of the
(f) EMERGENCIES INVOLVING FEDERAL PRI- resulting from deferments provided by lenders petition or the date of the order for relief in an
MARY RESPONSIBILITY QUALIFYING FOR SBA AS- during the period of the national emergency de- amount not more than $7,500,000 (excluding
SISTANCE.—Section 7(b)(2) of the Small Business clared by the President under the National debts owed to 1 or more affiliates or insiders) not
Act (15 U.S.C. 636(b)(2)) is amended— Emergencies Act (50 U.S.C. 1601 et seq.) with re- less than 50 percent of which arose from the
(1) in subparagraph (A), by striking ‘‘or’’ at spect to the Coronavirus Disease 2019 (COVID– commercial or business activities of the debtor;
the end; 19). and
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H1740 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(B) does not include— (ii) The amendment made by subparagraph the COVID–19 public health emergency and
‘‘(i) any member of a group of affiliated debt- (C) shall apply to any case for which a plan has such school or facility care is required for the
ors that has aggregate noncontingent liquidated been confirmed under section 1325 of title 11, individual to work;
secured and unsecured debts in an amount United States Code, before the date of enact- (ee) the individual is unable to reach the place
greater than $7,500,000 (excluding debt owed to ment of this Act. of employment because of a quarantine imposed
1 or more affiliates or insiders); (2) SUNSET.— as a direct result of the COVID–19 public health
‘‘(ii) any debtor that is a corporation subject (A) IN GENERAL.— emergency;
to the reporting requirements under section 13 or (i) EXCLUSION FROM CURRENT MONTHLY IN- (ff) the individual is unable to reach the place
15(d) of the Securities Exchange Act of 1934 (15 COME.—Section 101(10A)(B)(ii) of title 11, United of employment because the individual has been
U.S.C. 78m, 78o(d)); or States Code, is amended— advised by a health care provider to self-quar-
‘‘(iii) any debtor that is an affiliate of an (I) in subclause (III), by striking the semi- antine due to concerns related to COVID–19;
issuer, as defined in section 3 of the Securities colon at the end and inserting ‘‘; and’’; (gg) the individual was scheduled to com-
Exchange Act of 1934 (15 U.S.C. 78c).’’. (II) in subclause (IV), by striking ‘‘; and’’ and mence employment and does not have a job or is
(2) APPLICABILITY OF CHAPTERS.—Section inserting a period; and unable to reach the job as a direct result of the
103(i) of title 11, United States Code, is amended (III) by striking subclause (V). COVID–19 public health emergency;
by striking ‘‘small business debtor’’ and insert- (ii) CONFIRMATION OF PLAN.—Section (hh) the individual has become the bread-
ing ‘‘debtor (as defined in section 1182)’’. 1325(b)(2) of title 11, United States Code, is winner or major support for a household be-
(3) APPLICATION OF AMENDMENT.—The amend- amended by striking ‘‘payments made under cause the head of the household has died as a
ment made by paragraph (1) shall apply only Federal law relating to the national emergency direct result of COVID–19;
with respect to cases commenced under title 11, declared by the President under the National (ii) the individual has to quit his or her job as
United States Code, on or after the date of en- Emergencies Act (50 U.S.C. 1601 et seq.) with re- a direct result of COVID–19;
actment of this Act. spect to the coronavirus disease 2019 (COVID– (jj) the individual’s place of employment is
(4) TECHNICAL CORRECTIONS.— 19),’’. closed as a direct result of the COVID–19 public
(A) DEFINITION OF SMALL BUSINESS DEBTOR.— (iii) MODIFICATION OF PLAN AFTER CONFIRMA- health emergency; or
Section 101(51D)(B)(iii) of title 11, United States TION.—Section 1329 of title 11, United States (kk) the individual meets any additional cri-
Code, is amended to read as follows: Code, is amended by striking subsection (d). teria established by the Secretary for unemploy-
‘‘(iii) any debtor that is an affiliate of an (B) EFFECTIVE DATE.—The amendments made ment assistance under this section; or
issuer (as defined in section 3 of the Securities by subparagraph (A) shall take effect on the (II) is self-employed, is seeking part-time em-
Exchange Act of 1934 (15 U.S.C. 78c)).’’. date that is 1 year after the date of enactment ployment, does not have sufficient work history,
(B) UNCLAIMED PROPERTY.—Section 347(b) of of this Act. or otherwise would not qualify for regular un-
title 11, United States Code, is amended by strik- employment or extended benefits under State or
SEC. 1114. EMERGENCY RULEMAKING AUTHOR-
ing ‘‘1194’’ and inserting ‘‘1191’’. ITY. Federal law or pandemic emergency unemploy-
(5) SUNSET.—On the date that is 1 year after Not later than 15 days after the date of enact- ment compensation under section 2107 and meets
the date of enactment of this Act, section 1182(1) ment of this Act, the Administrator shall issue the requirements of subclause (I); and
(B) does not include—
of title 11, United States Code, is amended to regulations to carry out this title and the (i) an individual who has the ability to
read as follows: amendments made by this title without regard to telework with pay; or
‘‘(1) DEBTOR.—The term ‘debtor’ means a the notice requirements under section 553(b) of (ii) an individual who is receiving paid sick
small business debtor.’’. title 5, United States Code. leave or other paid leave benefits, regardless of
(b) BANKRUPTCY RELIEF.— TITLE II—ASSISTANCE FOR AMERICAN whether the individual meets a qualification de-
(1) IN GENERAL.— WORKERS, FAMILIES, AND BUSINESSES scribed in items (aa) through (kk) of subpara-
(A) EXCLUSION FROM CURRENT MONTHLY IN-
Subtitle A—Unemployment Insurance graph (A)(i)(I).
COME.—Section 101(10A)(B)(ii) of title 11, United
Provisions (4) SECRETARY.—The term ‘‘Secretary’’ means
States Code, is amended— the Secretary of Labor.
(i) in subclause (III), by striking ‘‘; and’’ and SEC. 2101. SHORT TITLE.
(5) STATE.—The term ‘‘State’’ includes the
inserting a semicolon; This subtitle may be cited as the ‘‘Relief for District of Columbia, the Commonwealth of
(ii) in subclause (IV), by striking the period at Workers Affected by Coronavirus Act’’. Puerto Rico, the Virgin Islands, Guam, Amer-
the end and inserting ‘‘; and’’; and SEC. 2102. PANDEMIC UNEMPLOYMENT ASSIST- ican Samoa, the Commonwealth of the Northern
(iii) by adding at the end the following: ANCE.
Mariana Islands, the Federated States of Micro-
‘‘(V) Payments made under Federal law relat- (a) DEFINITIONS.—In this section: nesia, the Republic of the Marshall Islands, and
ing to the national emergency declared by the (1) COVID–19.—The term ‘‘COVID–19’’ means the Republic of Palau.
President under the National Emergencies Act the 2019 Novel Coronavirus or 2019-nCoV. (b) ASSISTANCE FOR UNEMPLOYMENT AS A RE-
(50 U.S.C. 1601 et seq.) with respect to the (2) COVID–19 PUBLIC HEALTH EMERGENCY.— SULT OF COVID–19.—Subject to subsection (c),
coronavirus disease 2019 (COVID–19).’’. The term ‘‘COVID–19 public health emergency’’ the Secretary shall provide to any covered indi-
(B) CONFIRMATION OF PLAN.—Section means the public health emergency declared by vidual unemployment benefit assistance while
1325(b)(2) of title 11, United States Code, is the Secretary of Health and Human Services on such individual is unemployed, partially unem-
amended by inserting ‘‘payments made under January 27, 2020, with respect to the 2019 Novel ployed, or unable to work for the weeks of such
Federal law relating to the national emergency Coronavirus. unemployment with respect to which the indi-
declared by the President under the National (3) COVERED INDIVIDUAL.—The term ‘‘covered vidual is not entitled to any other unemploy-
Emergencies Act (50 U.S.C. 1601 et seq.) with re- individual’’— ment compensation (as that term is defined in
spect to the coronavirus disease 2019 (COVID– (A) means an individual who— section 85(b) of title 26, United States Code) or
19),’’ after ‘‘other than’’. (i) is not eligible for regular compensation or waiting period credit.
(C) MODIFICATION OF PLAN AFTER CONFIRMA- extended benefits under State or Federal law or (c) APPLICABILITY.—
TION.—Section 1329 of title 11, United States pandemic emergency unemployment compensa- (1) IN GENERAL.—Except as provided in para-
Code, is amended by adding at end the fol- tion under section 2107, including an individual graph (2), the assistance authorized under sub-
lowing: who has exhausted all rights to regular unem- section (b) shall be available to a covered indi-
‘‘(d)(1) Subject to paragraph (3), for a plan ployment or extended benefits under State or vidual—
confirmed prior to the date of enactment of this Federal law or pandemic emergency unemploy- (A) for weeks of unemployment, partial unem-
subsection, the plan may be modified upon the ment compensation under section 2107; and ployment, or inability to work caused by
request of the debtor if— (ii) provides self-certification that the indi- COVID–19—
‘‘(A) the debtor is experiencing or has experi- vidual— (i) beginning on or after January 27, 2020; and
enced a material financial hardship due, di- (I) is otherwise able to work and available for (ii) ending on or before December 31, 2020; and
rectly or indirectly, to the coronavirus disease work within the meaning of applicable State (B) subject to subparagraph (A)(ii), as long as
2019 (COVID–19) pandemic; and law, except the individual is unemployed, par- the covered individual’s unemployment, partial
‘‘(B) the modification is approved after notice tially unemployed, or unable or unavailable to unemployment, or inability to work caused by
and a hearing. work because— COVID–19 continues.
‘‘(2) A plan modified under paragraph (1) may (aa) the individual has been diagnosed with (2) LIMITATION ON DURATION OF ASSISTANCE.—
not provide for payments over a period that ex- COVID–19 or is experiencing symptoms of The total number of weeks for which a covered
pires more than 7 years after the time that the COVID–19 and seeking a medical diagnosis; individual may receive assistance under this sec-
first payment under the original confirmed plan (bb) a member of the individual’s household tion shall not exceed 39 weeks and such total
was due. has been diagnosed with COVID–19; shall include any week for which the covered
‘‘(3) Sections 1322(a), 1322(b), 1323(c), and the (cc) the individual is providing care for a fam- individual received regular compensation or ex-
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requirements of section 1325(a) shall apply to ily member or a member of the individual’s tended benefits under any Federal or State law,
any modification under paragraph (1).’’. household who has been diagnosed with except that if after the date of enactment of this
(D) APPLICABILITY.— COVID–19; Act, the duration of extended benefits is ex-
(i) The amendments made by subparagraphs (dd) a child or other person in the household tended, the 39-week period described in this
(A) and (B) shall apply to any case commenced for which the individual has primary caregiving paragraph shall be extended by the number of
before, on, or after the date of enactment of this responsibility is unable to attend school or an- weeks that is equal to the number of weeks by
Act. other facility that is closed as a direct result of which the extended benefits were extended.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1741
(3) ASSISTANCE FOR UNEMPLOYMENT BEFORE of such statistical, sampling, or other method as account, in accordance with the succeeding pro-
DATE OF ENACTMENT.—The Secretary shall es- may be agreed upon by the Secretary and the visions of this subsection.
tablish a process for making assistance under State agency of the State involved. ‘‘(B) The amount of funds transferred to the
this section available for weeks beginning on or (g) FUNDING.— account of a State under subparagraph (A) dur-
after January 27, 2020, and before the date of (1) ASSISTANCE.— ing the applicable period shall, as determined by
enactment of this Act. (A) IN GENERAL.—Funds in the extended un- the Secretary of Labor, be equal to one-half of
(d) AMOUNT OF ASSISTANCE.— employment compensation account (as estab- the amounts of compensation (as defined in sec-
(1) IN GENERAL.—The assistance authorized lished by section 905(a) of the Social Security tion 3306(h) of the Internal Revenue Code of
under subsection (b) for a week of unemploy- Act (42 U.S.C. 1105(a)) of the Unemployment 1986) attributable under the State law to service
ment, partial unemployment, or inability to Trust Fund (as established by section 904(a) of to which section 3309(a)(1) of such Code applies
work shall be— such Act (42 U.S.C. 1104(a)) shall be used to that were paid by the State for weeks of unem-
(A)(i) the weekly benefit amount authorized make payments to States pursuant to subsection ployment beginning and ending during such pe-
under the unemployment compensation law of (f)(2)(A). riod. Such transfers shall be made at such times
the State where the covered individual was em- (B) TRANSFER OF FUNDS.—Notwithstanding as the Secretary of Labor considers appropriate.
ployed, except that the amount may not be less any other provision of law, the Secretary of the ‘‘(C) Notwithstanding any other law, funds
than the minimum weekly benefit amount de- Treasury shall transfer from the general fund of transferred to the account of a State under sub-
scribed in section 625.6 of title 20, Code of Fed- the Treasury (from funds not otherwise appro- paragraph (A) shall be used exclusively to reim-
eral Regulations, or any successor thereto; and priated) to the extended unemployment com- burse governmental entities and other organiza-
(ii) the amount of Federal Pandemic Unem- pensation account such sums as the Secretary of tions described in section 3309(a)(2) of such Code
ployment Compensation under section 2104; and Labor estimates to be necessary to make pay- for amounts paid (in lieu of contributions) into
(B) in the case of an increase of the weekly ments described in subparagraph (A). There are the State unemployment fund pursuant to such
benefit amount after the date of enactment of appropriated from the general fund of the section.
this Act, increased in an amount equal to such Treasury, without fiscal year limitation, the ‘‘(D) For purposes of this paragraph, the term
increase. sums referred to in the preceding sentence and ‘applicable period’ means the period beginning
(2) CALCULATIONS OF AMOUNTS FOR CERTAIN such sums shall not be required to be repaid. on March 13, 2020, and ending on December 31,
COVERED INDIVIDUALS.—In the case of a covered (2) ADMINISTRATIVE EXPENSES.— 2020.
individual who is self-employed, who lives in a (A) IN GENERAL.—Funds in the employment ‘‘(2)(A) Notwithstanding any other provision
territory described in subsection (c) or (d) of sec- security administration account (as established of law, the Secretary of the Treasury shall
tion 625.6 of title 20, Code of Federal Regula- by section 901(a) of the Social Security Act (42 transfer from the general fund of the Treasury
tions, or who would not otherwise qualify for U.S.C. 1105(a)) of the Unemployment Trust (from funds not otherwise appropriated) to the
unemployment compensation under State law, Fund (as established by section 904(a) of such Federal unemployment account such sums as
the assistance authorized under subsection (b) Act (42 U.S.C. 1104(a)) shall be used to make the Secretary of Labor estimates to be necessary
for a week of unemployment shall be calculated payments to States pursuant to subsection for purposes of making the transfers described
in accordance with section 625.6 of title 20, Code (f)(2)(B). in paragraph (1).
of Federal Regulations, or any successor there- (B) TRANSFER OF FUNDS.—Notwithstanding ‘‘(B) There are appropriated from the general
to, and shall be increased by the amount of Fed- any other provision of law, the Secretary of the fund of the Treasury, without fiscal year limita-
eral Pandemic Unemployment Compensation Treasury shall transfer from the general fund of tion, the sums referred to in subparagraph (A)
under section 2104. the Treasury (from funds not otherwise appro- and such sums shall not be required to be re-
(3) ALLOWABLE METHODS OF PAYMENT.—Any priated) to the employment security administra- paid.’’.
assistance provided for in accordance with tion account such sums as the Secretary of SEC. 2104. EMERGENCY INCREASE IN UNEMPLOY-
paragraph (1)(A)(ii) shall be payable either— Labor estimates to be necessary to make pay- MENT COMPENSATION BENEFITS.
(A) as an amount which is paid at the same ments described in subparagraph (A). There are (a) FEDERAL-STATE AGREEMENTS.—Any State
time and in the same manner as the assistance appropriated from the general fund of the which desires to do so may enter into and par-
provided for in paragraph (1)(A)(i) is payable Treasury, without fiscal year limitation, the ticipate in an agreement under this section with
for the week involved; or sums referred to in the preceding sentence and the Secretary of Labor (in this section referred
(B) at the option of the State, by payments such sums shall not be required to be repaid. to as the ‘‘Secretary’’). Any State which is a
which are made separately from, but on the (3) CERTIFICATIONS.—The Secretary of Labor party to an agreement under this section may,
same weekly basis as, any assistance provided shall from time to time certify to the Secretary upon providing 30 days’ written notice to the
for in paragraph (1)(A)(i). of the Treasury for payment to each State the Secretary, terminate such agreement.
(e) WAIVER OF STATE REQUIREMENT.—Not- sums payable to such State under paragraphs (b) PROVISIONS OF AGREEMENT.—
withstanding State law, for purposes of assist- (1) and (2). (1) FEDERAL PANDEMIC UNEMPLOYMENT COM-
ance authorized under this section, compensa- (h) RELATIONSHIP BETWEEN PANDEMIC UNEM- PENSATION.—Any agreement under this section
tion under this Act shall be made to an indi- PLOYMENT ASSISTANCE AND DISASTER UNEM- shall provide that the State agency of the State
vidual otherwise eligible for such compensation PLOYMENT ASSISTANCE.—Except as otherwise will make payments of regular compensation to
without any waiting period. provided in this section or to the extent there is individuals in amounts and to the extent that
(f) AGREEMENTS WITH STATES.— a conflict between this section and section 625 of they would be determined if the State law of the
(1) IN GENERAL.—The Secretary shall provide State were applied, with respect to any week for
title 20, Code of Federal Regulations, such sec-
the assistance authorized under subsection (b) which the individual is (disregarding this sec-
tion 625 shall apply to this section as if—
through agreements with States which, in the (1) the term ‘‘COVID–19 public health emer- tion) otherwise entitled under the State law to
judgment of the Secretary, have an adequate gency’’ were substituted for the term ‘‘major dis- receive regular compensation, as if such State
system for administering such assistance aster’’ each place it appears in such section 625; law had been modified in a manner such that
through existing State agencies. and the amount of regular compensation (including
(2) PAYMENTS TO STATES.—There shall be paid dependents’ allowances) payable for any week
(2) the term ‘‘pandemic’’ were substituted for
to each State which has entered into an agree- shall be equal to—
the term ‘‘disaster’’ each place it appears in
ment under this subsection an amount equal to (A) the amount determined under the State
such section 625.
100 percent of— law (before the application of this paragraph),
SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF
(A) the total amount of assistance provided by plus
FOR GOVERNMENTAL ENTITIES AND
the State pursuant to such agreement; and NONPROFIT ORGANIZATIONS. (B) an additional amount of $600 (in this sec-
(B) any additional administrative expenses in- tion referred to as ‘‘Federal Pandemic Unem-
(a) FLEXIBILITY IN PAYING REIMBURSEMENT.—
curred by the State by reason of such agreement ployment Compensation’’).
The Secretary of Labor may issue clarifying
(as determined by the Secretary), including any (2) ALLOWABLE METHODS OF PAYMENT.—Any
guidance to allow States to interpret their State
administrative expenses necessary to facilitate Federal Pandemic Unemployment Compensation
unemployment compensation laws in a manner
processing of applications for assistance under provided for in accordance with paragraph (1)
that would provide maximum flexibility to reim-
this section online or by telephone rather than shall be payable either—
bursing employers as it relates to timely pay-
in-person. (A) as an amount which is paid at the same
ment and assessment of penalties and interest
(3) TERMS OF PAYMENTS.—Sums payable to time and in the same manner as any regular
pursuant to such State laws.
any State by reason of such State’s having an compensation otherwise payable for the week
(b) FEDERAL FUNDING.—Section 903 of the So-
agreement under this subsection shall be pay- involved; or
cial Security Act (42 U.S.C. 1103) is amended by
able, either in advance or by way of reimburse- (B) at the option of the State, by payments
adding at the end the following:
ment (as determined by the Secretary), in such which are made separately from, but on the
amounts as the Secretary estimates the State ‘‘Transfers for Federal Reimbursement of State same weekly basis as, any regular compensation
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will be entitled to receive under this subsection Unemployment Funds otherwise payable.
for each calendar month, reduced or increased, ‘‘(i)(1)(A) In addition to any other amounts, (c) NONREDUCTION RULE.—
as the case may be, by any amount by which the the Secretary of Labor shall provide for the (1) IN GENERAL.—An agreement under this sec-
Secretary finds that his estimates for any prior transfer of funds during the applicable period to tion shall not apply (or shall cease to apply)
calendar month were greater or less than the the accounts of the States in the Unemployment with respect to a State upon a determination by
amounts which should have been paid to the Trust Fund, by transfer from amounts reserved the Secretary that the method governing the
State. Such estimates may be made on the basis for that purpose in the Federal unemployment computation of regular compensation under the
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H1742 CONGRESSIONAL RECORD — HOUSE March 27, 2020
State law of that State has been modified in a (A) the payment of such Federal Pandemic upon providing 30 days’ written notice to the
manner such that the number of weeks (the Unemployment Compensation was without fault Secretary, terminate such agreement.
maximum benefit entitlement), or the average on the part of any such individual; and (b) REQUIREMENT THAT STATE LAW DOES NOT
weekly benefit amount, of regular compensation (B) such repayment would be contrary to eq- APPLY A WAITING WEEK.—A State is eligible to
which will be payable during the period of the uity and good conscience. enter into an agreement under this section if the
agreement (determined disregarding any Federal (3) RECOVERY BY STATE AGENCY.— State law (including a waiver of State law) pro-
Pandemic Unemployment Compensation) will be (A) IN GENERAL.—The State agency shall re- vides that compensation is paid to individuals
less than the number of weeks, or the average cover the amount to be repaid, or any part for their first week of regular unemployment
weekly benefit amount, of the average weekly thereof, by deductions from any Federal Pan- without a waiting week. An agreement under
benefit amount of regular compensation which demic Unemployment Compensation payable to this section shall not apply (or shall cease to
would otherwise have been payable during such such individual or from any unemployment com- apply) with respect to a State upon a determina-
period under the State law, as in effect on Janu- pensation payable to such individual under any tion by the Secretary that the State law no
ary 1, 2020. State or Federal unemployment compensation longer meets the requirement under the pre-
(2) MAXIMUM BENEFIT ENTITLEMENT.—In law administered by the State agency or under ceding sentence.
paragraph (1), the term ‘‘maximum benefit enti- any other State or Federal law administered by (c) PAYMENTS TO STATES.—
tlement’’ means the amount of regular unem- the State agency which provides for the pay- (1) FULL REIMBURSEMENT.—There shall be
ployment compensation payable to an indi- ment of any assistance or allowance with re- paid to each State which has entered into an
vidual with respect to the individual’s benefit spect to any week of unemployment, during the agreement under this section an amount equal
year. 3-year period after the date such individuals re- to 100 percent of—
(d) PAYMENTS TO STATES.— ceived the payment of the Federal Pandemic (A) the total amount of regular compensation
(1) IN GENERAL.— Unemployment Compensation to which they paid to individuals by the State for their first
(A) FULL REIMBURSEMENT.—There shall be were not entitled, in accordance with the same week of regular unemployment; and
paid to each State which has entered into an procedures as apply to the recovery of overpay- (B) any additional administrative expenses in-
agreement under this section an amount equal ments of regular unemployment benefits paid by curred by the State by reason of such agreement
to 100 percent of— the State. (as determined by the Secretary).
(i) the total amount of Federal Pandemic Un- (B) OPPORTUNITY FOR HEARING.—No repay- (2) TERMS OF PAYMENTS.—Sums payable to
employment Compensation paid to individuals ment shall be required, and no deduction shall any State by reason of such State’s having an
by the State pursuant to such agreement; and be made, until a determination has been made, agreement under this section shall be payable,
(ii) any additional administrative expenses in- either in advance or by way of reimbursement
notice thereof and an opportunity for a fair
curred by the State by reason of such agreement (as determined by the Secretary), in such
hearing has been given to the individual, and
(as determined by the Secretary). amounts as the Secretary estimates the State
(B) TERMS OF PAYMENTS.—Sums payable to the determination has become final.
(4) REVIEW.—Any determination by a State will be entitled to receive under this section for
any State by reason of such State’s having an
agency under this section shall be subject to re- each calendar month, reduced or increased, as
agreement under this section shall be payable,
view in the same manner and to the same extent the case may be, by any amount by which the
either in advance or by way of reimbursement
as determinations under the State unemploy- Secretary finds that his estimates for any prior
(as determined by the Secretary), in such
ment compensation law, and only in that man- calendar month were greater or less than the
amounts as the Secretary estimates the State
ner and to that extent. amounts which should have been paid to the
will be entitled to receive under this section for
(g) APPLICATION TO OTHER UNEMPLOYMENT State. Such estimates may be made on the basis
each calendar month, reduced or increased, as
BENEFITS.—Each agreement under this section of such statistical, sampling, or other method as
the case may be, by any amount by which the
shall include provisions to provide that the pur- may be agreed upon by the Secretary and the
Secretary finds that his estimates for any prior
poses of the preceding provisions of this section State agency of the State involved.
calendar month were greater or less than the (d) FUNDING.—
shall be applied with respect to unemployment
amounts which should have been paid to the (1) COMPENSATION.—
benefits described in subsection (i)(2) to the
State. Such estimates may be made on the basis (A) IN GENERAL.—Funds in the Federal unem-
same extent and in the same manner as if those
of such statistical, sampling, or other method as ployment account (as established by section
benefits were regular compensation.
may be agreed upon by the Secretary and the 905(g)) of the Unemployment Trust Fund (as es-
(h) DISREGARD OF ADDITIONAL COMPENSATION
State agency of the State involved. tablished by section 904(a)) shall be used to
FOR PURPOSES OF MEDICAID AND CHIP.—The
(2) CERTIFICATIONS.—The Secretary shall from make payments under subsection (c)(1)(A).
time to time certify to the Secretary of the monthly equivalent of any Federal pandemic
unemployment compensation paid to an indi- (B) TRANSFER OF FUNDS.—Notwithstanding
Treasury for payment to each State the sums any other provision of law, the Secretary of the
payable to such State under this section. vidual under this section shall be disregarded
when determining income for any purpose under Treasury shall transfer from the general fund of
(3) APPROPRIATION.—There are appropriated
the programs established under titles XIX and the Treasury (from funds not otherwise appro-
from the general fund of the Treasury, without
title XXI of the Social Security Act (42 U.S.C. priated) to the Federal unemployment account
fiscal year limitation, such sums as may be nec-
1396 et seq., 1397aa et seq.) . such sums as the Secretary of Labor estimates to
essary for purposes of this subsection.
(i) DEFINITIONS.—For purposes of this sec- be necessary to make payments described in sub-
(e) APPLICABILITY.—An agreement entered
tion— paragraph (A). There are appropriated from the
into under this section shall apply to weeks of
(1) the terms ‘‘compensation’’, ‘‘regular com- general fund of the Treasury, without fiscal
unemployment—
(1) beginning after the date on which such pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State year limitation, the sums referred to in the pre-
agreement is entered into; and agency’’, ‘‘State law’’, and ‘‘week’’ have the re- ceding sentence and such sums shall not be re-
(2) ending on or before July 31, 2020. spective meanings given such terms under sec- quired to be repaid.
(f) FRAUD AND OVERPAYMENTS.— tion 205 of the Federal-State Extended Unem- (2) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—If an individual knowingly ployment Compensation Act of 1970 (26 U.S.C. (A) IN GENERAL.—Funds in the employment
has made, or caused to be made by another, a 3304 note); and security administration account (as established
false statement or representation of a material (2) any reference to unemployment benefits by section 901(a) of the Social Security Act (42
fact, or knowingly has failed, or caused another described in this paragraph shall be considered U.S.C. 1105(a)) of the Unemployment Trust
to fail, to disclose a material fact, and as a re- to refer to— Fund (as established by section 904(a) of such
sult of such false statement or representation or (A) extended compensation (as defined by sec- Act (42 U.S.C. 1104(a)) shall be used to make
of such nondisclosure such individual has re- tion 205 of the Federal-State Extended Unem- payments to States pursuant to subsection
ceived an amount of Federal Pandemic Unem- ployment Compensation Act of 1970); (c)(1)(B).
ployment Compensation to which such indi- (B) regular compensation (as defined by sec- (B) TRANSFER OF FUNDS.—Notwithstanding
vidual was not entitled, such individual— tion 85(b) of the Internal Revenue Code of 1986) any other provision of law, the Secretary of the
(A) shall be ineligible for further Federal Pan- provided under any program administered by a Treasury shall transfer from the general fund of
demic Unemployment Compensation in accord- State under an agreement with the Secretary; the Treasury (from funds not otherwise appro-
ance with the provisions of the applicable State (C) pandemic unemployment assistance under priated) to the employment security administra-
unemployment compensation law relating to section 2102; and tion account such sums as the Secretary of
fraud in connection with a claim for unemploy- (D) pandemic emergency unemployment com- Labor estimates to be necessary to make pay-
ment compensation; and pensation under section 2107. ments described in subparagraph (A). There are
(B) shall be subject to prosecution under sec- SEC. 2105. TEMPORARY FULL FEDERAL FUNDING appropriated from the general fund of the
tion 1001 of title 18, United States Code. OF THE FIRST WEEK OF COMPEN- Treasury, without fiscal year limitation, the
(2) REPAYMENT.—In the case of individuals SABLE REGULAR UNEMPLOYMENT sums referred to in the preceding sentence and
who have received amounts of Federal Pan- FOR STATES WITH NO WAITING such sums shall not be required to be repaid.
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demic Unemployment Compensation to which WEEK. (3) CERTIFICATIONS.—The Secretary shall from
they were not entitled, the State shall require (a) FEDERAL-STATE AGREEMENTS.—Any State time to time certify to the Secretary of the
such individuals to repay the amounts of such which desires to do so may enter into and par- Treasury for payment to each State the sums
Federal Pandemic Unemployment Compensation ticipate in an agreement under this section with payable to such State under this section.
to the State agency, except that the State agen- the Secretary of Labor (in this section referred (e) APPLICABILITY.—An agreement entered
cy may waive such repayment if it determines to as the ‘‘Secretary’’). Any State which is a into under this section shall apply to weeks of
that— party to an agreement under this section may, unemployment—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1743
(1) beginning after the date on which such such individual during such individual’s benefit (1) IN GENERAL.—Any agreement under this
agreement is entered into; and year under the State law for a week of total un- section shall provide that the State will estab-
(2) ending on or before December 31, 2020. employment; and lish, for each eligible individual who files an ap-
(f) FRAUD AND OVERPAYMENTS.—The provi- (ii) the amount of Federal Pandemic Unem- plication for pandemic emergency unemploy-
sions of section 2107(e) shall apply with respect ployment Compensation under section 2104; ment compensation, an pandemic emergency un-
to compensation paid under an agreement under (B) the terms and conditions of the State law employment compensation account with respect
this section to the same extent and in the same which apply to claims for regular compensation to such individual’s benefit year.
manner as in the case of pandemic emergency and to the payment thereof (including terms (2) AMOUNT IN ACCOUNT.—The amount estab-
unemployment compensation under such sec- and conditions relating to availability for work, lished in an account under subsection (a) shall
tion. active search for work, and refusal to accept be equal to 13 times the individual’s average
(g) DEFINITIONS.—For purposes of this section, work) shall apply to claims for pandemic emer- weekly benefit amount, which includes the
the terms ‘‘regular compensation’’, ‘‘State’’, gency unemployment compensation and the amount of Federal Pandemic Unemployment
‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have payment thereof, except where otherwise incon- Compensation under section 2104, for the benefit
the respective meanings given such terms under sistent with the provisions of this section or year.
section 205 of the Federal-State Extended Unem- with the regulations or operating instructions of (3) WEEKLY BENEFIT AMOUNT.—For purposes
ployment Compensation Act of 1970 (26 U.S.C. the Secretary promulgated to carry out this sec- of this subsection, an individual’s weekly ben-
3304 note). tion; efit amount for any week is the amount of reg-
(C) the maximum amount of pandemic emer- ular compensation (including dependents’ al-
SEC. 2106. EMERGENCY STATE STAFFING FLEXI-
gency unemployment compensation payable to lowances) under the State law payable to such
BILITY.
any individual for whom an pandemic emer- individual for such week for total unemploy-
Section 4102(b) of the Emergency Unemploy- gency unemployment compensation account is
ment Stabilization and Access Act of 2020 (con- ment plus the amount of Federal Pandemic Un-
established under subsection (b) shall not exceed employment Compensation under section 2104.
tained in division D of the Families First the amount established in such account for such
Coronavirus Response Act) is amended— (c) PAYMENTS TO STATES HAVING AGREEMENTS
individual; and FOR THE PAYMENT OF PANDEMIC EMERGENCY
(1) by striking ‘‘or employer experience rat- (D) the allowable methods of payment under
ing’’ and inserting ‘‘employer experience rating, UNEMPLOYMENT COMPENSATION.—
section 2104(b)(2) shall apply to payments of (1) IN GENERAL.—There shall be paid to each
or, subject to the succeeding sentence, personnel amounts described in subparagraph (A)(ii).
standards on a merit basis’’; and State that has entered into an agreement under
(5) COORDINATION RULE.—An agreement under this section an amount equal to 100 percent of
(2) by adding at the end the following new this section shall apply with respect to a State
sentence: ‘‘The emergency flexibility for per- the pandemic emergency unemployment com-
only upon a determination by the Secretary pensation paid to individuals by the State pur-
sonnel standards on a merit basis shall only that, under the State law or other applicable
apply through December 31, 2020, and is limited suant to such agreement.
rules of such State, the payment of extended (2) TREATMENT OF REIMBURSABLE COMPENSA-
to engaging of temporary staff, rehiring of retir- compensation for which an individual is other- TION.—No payment shall be made to any State
ees or former employees on a non-competitive wise eligible must be deferred until after the under this section in respect of any compensa-
basis, and other temporary actions to quickly payment of any pandemic emergency unemploy- tion to the extent the State is entitled to reim-
process applications and claims.’’. ment compensation under subsection (b) for bursement in respect of such compensation
SEC. 2107. PANDEMIC EMERGENCY UNEMPLOY- which the individual is concurrently eligible.
MENT COMPENSATION.
under the provisions of any Federal law other
(6) NONREDUCTION RULE.— than this section or chapter 85 of title 5, United
(a) FEDERAL-STATE AGREEMENTS.— (A) IN GENERAL.—An agreement under this
States Code. A State shall not be entitled to any
(1) IN GENERAL.—Any State which desires to section shall not apply (or shall cease to apply)
reimbursement under such chapter 85 in respect
do so may enter into and participate in an with respect to a State upon a determination by
of any compensation to the extent the State is
agreement under this section with the Secretary the Secretary that the method governing the
entitled to reimbursement under this section in
of Labor (in this section referred to as the ‘‘Sec- computation of regular compensation under the
respect of such compensation.
retary’’). Any State which is a party to an State law of that State has been modified in a
(3) DETERMINATION OF AMOUNT.—Sums pay-
agreement under this section may, upon pro- manner such that the number of weeks (the
able to any State by reason of such State having
viding 30 days’ written notice to the Secretary, maximum benefit entitlement), or the average
an agreement under this section shall be pay-
terminate such agreement. weekly benefit amount, of regular compensation
able, either in advance or by way of reimburse-
(2) PROVISIONS OF AGREEMENT.—Any agree- which will be payable during the period of the
ment (as may be determined by the Secretary),
ment under paragraph (1) shall provide that the agreement will be less than the number of
in such amounts as the Secretary estimates the
State agency of the State will make payments of weeks, or the average weekly benefit amount, of
State will be entitled to receive under this sec-
pandemic emergency unemployment compensa- the average weekly benefit amount of regular
tion for each calendar month, reduced or in-
tion to individuals who— compensation which would otherwise have been
creased, as the case may be, by any amount by
(A) have exhausted all rights to regular com- payable during such period under the State law,
which the Secretary finds that the Secretary’s
pensation under the State law or under Federal as in effect on January 1, 2020.
(B) MAXIMUM BENEFIT ENTITLEMENT.—In sub- estimates for any prior calendar month were
law with respect to a benefit year (excluding greater or less than the amounts which should
any benefit year that ended before July1, 2019); paragraph (A), the term ‘‘maximum benefit enti-
tlement’’ means the amount of regular unem- have been paid to the State. Such estimates may
(B) have no rights to regular compensation be made on the basis of such statistical, sam-
with respect to a week under such law or any ployment compensation payable to an indi-
vidual with respect to the individual’s benefit pling, or other method as may be agreed upon
other State unemployment compensation law or by the Secretary and the State agency of the
to compensation under any other Federal law; year.
(7) ACTIVELY SEEKING WORK.— State involved.
(C) are not receiving compensation with re- (d) FINANCING PROVISIONS.—
spect to such week under the unemployment (A) IN GENERAL.—Subject to subparagraph
(C), for purposes of paragraph (2)(D), the term (1) COMPENSATION.—
compensation law of Canada; and (A) IN GENERAL.—Funds in the extended un-
(D) are able to work, available to work, and ‘‘actively seeking work’’ means, with respect to
any individual, that such individual— employment compensation account (as estab-
actively seeking work. lished by section 905(a) of the Social Security
(i) is registered for employment services in
(3) EXHAUSTION OF BENEFITS.—For purposes Act (42 U.S.C. 1105(a)) of the Unemployment
such a manner and to such extent as prescribed
of paragraph (2)(A), an individual shall be Trust Fund (as established by section 904(a) of
by the State agency;
deemed to have exhausted such individual’s (ii) has engaged in an active search for em- such Act (42 U.S.C. 1104(a)) shall be used for the
rights to regular compensation under a State ployment that is appropriate in light of the em- making of payments to States having agree-
law when— ployment available in the labor market, the in- ments entered into under this section.
(A) no payments of regular compensation can dividual’s skills and capabilities, and includes a (B) TRANSFER OF FUNDS.—Notwithstanding
be made under such law because such indi- number of employer contacts that is consistent any other provision of law, the Secretary of the
vidual has received all regular compensation with the standards communicated to the indi- Treasury shall transfer from the general fund of
available to such individual based on employ- vidual by the State; the Treasury (from funds not otherwise appro-
ment or wages during such individual’s base pe- (iii) has maintained a record of such work priated) to the extended unemployment com-
riod; or search, including employers contacted, method pensation account such sums as the Secretary of
(B) such individual’s rights to such compensa- of contact, and date contacted; and Labor estimates to be necessary to make pay-
tion have been terminated by reason of the expi- (iv) when requested, has provided such work ments described in subparagraph (A). There are
ration of the benefit year with respect to which search record to the State agency. appropriated from the general fund of the
such rights existed. (B) FLEXIBILITY.—Notwithstanding the re- Treasury, without fiscal year limitation, the
(4) WEEKLY BENEFIT AMOUNT, ETC.—For pur- quirements under subparagraph (A) and para- sums referred to in the preceding sentence and
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poses of any agreement under this section— graph (2)(D), a State shall provide flexibility in such sums shall not be required to be repaid.
(A) the amount of pandemic emergency unem- meeting such requirements in case of individuals (2) ADMINISTRATION.—
ployment compensation which shall be payable unable to search for work because of COVID–19, (A) IN GENERAL.—There are appropriated out
to any individual for any week of total unem- including because of illness, quarantine, or of the employment security administration ac-
ployment shall be equal to— movement restriction. count (as established by section 901(a) of the So-
(i) the amount of the regular compensation (b) PANDEMIC EMERGENCY UNEMPLOYMENT cial Security Act (42 U.S.C. 1101(a)) of the Un-
(including dependents’ allowances) payable to COMPENSATION ACCOUNT.— employment Trust Fund, without fiscal year
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H1744 CONGRESSIONAL RECORD — HOUSE March 27, 2020
limitation, such funds as may be necessary for (4) REVIEW.—Any determination by a State (2) STATE; STATE AGENCY; STATE LAW.—The
purposes of assisting States (as provided in title agency under this section shall be subject to re- terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’
III of the Social Security Act (42 U.S.C. 501 et view in the same manner and to the same extent have the meanings given those terms in section
seq.)) in meeting the costs of administration of as determinations under the State unemploy- 205 of the Federal-State Extended Unemploy-
agreements under this section. ment compensation law, and only in that man- ment Compensation Act of 1970 (26 U.S.C. 3304
(B) TRANSFER OF FUNDS.—Notwithstanding ner and to that extent. note).
any other provision of law, the Secretary of the (f) DEFINITIONS.—In this section, the terms (f) TECHNICAL CORRECTION TO DEFINITION.—
Treasury shall transfer from the general fund of ‘‘compensation’’, ‘‘regular compensation’’, ‘‘ex- Section 3306(v)(6) of the Internal Revenue Code
the Treasury (from funds not otherwise appro- tended compensation’’, ‘‘benefit year’’, ‘‘base of 1986 (26 U.S.C. 3306) is amended by striking
priated) to the employment security administra- period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, ‘‘Workforce Investment Act of 1998’’ and insert-
tion account such sums as the Secretary of and ‘‘week’’ have the respective meanings given ing ‘‘Workforce Innovation and Opportunity
Labor estimates to be necessary to make pay- such terms under section 205 of the Federal- Act’’.
ments described in subparagraph (A). There are State Extended Unemployment Compensation SEC. 2109. TEMPORARY FINANCING OF SHORT-
appropriated from the general fund of the Act of 1970 (26 U.S.C. 3304 note). TIME COMPENSATION AGREEMENTS.
Treasury, without fiscal year limitation, the (g) APPLICABILITY.—An agreement entered
sums referred to in the preceding sentence and (a) FEDERAL-STATE AGREEMENTS.—
into under this section shall apply to weeks of
such sums shall not be required to be repaid. unemployment— (1) IN GENERAL.—Any State which desires to
(3) CERTIFICATION.—The Secretary shall from (1) beginning after the date on which such do so may enter into, and participate in, an
time to time certify to the Secretary of the agreement is entered into; and agreement under this section with the Secretary
Treasury for payment to each State the sums (2) ending on or before December 31, 2020. provided that such State’s law does not provide
payable to such State under this subsection. The SEC. 2108. TEMPORARY FINANCING OF SHORT- for the payment of short-time compensation
Secretary of the Treasury, prior to audit or set- TIME COMPENSATION PAYMENTS IN under a short-time compensation program (as
tlement by the Government Accountability Of- STATES WITH PROGRAMS IN LAW. defined in section 3306(v) of the Internal Rev-
fice, shall make payments to the State in ac- (a) PAYMENTS TO STATES.— enue Code of 1986).
cordance with such certification, by transfers (1) IN GENERAL.—Subject to paragraph (3), (2) ABILITY TO TERMINATE.—Any State which
from the extended unemployment compensation there shall be paid to a State an amount equal is a party to an agreement under this section
account (as so established) to the account of to 100 percent of the amount of short-time com- may, upon providing 30 days’ written notice to
such State in the Unemployment Trust Fund (as pensation paid under a short-time compensation the Secretary, terminate such agreement.
so established). program (as defined in section 3306(v) of the In- (b) PROVISIONS OF FEDERAL-STATE AGREE-
(e) FRAUD AND OVERPAYMENTS.— ternal Revenue Code of 1986) under the provi- MENT.—
(1) IN GENERAL.—If an individual knowingly sions of the State law. (1) IN GENERAL.—Any agreement under this
has made, or caused to be made by another, a (2) TERMS OF PAYMENTS.—Payments made to a section shall provide that the State agency of
false statement or representation of a material State under paragraph (1) shall be payable by the State will make payments of short-time com-
fact, or knowingly has failed, or caused another way of reimbursement in such amounts as the pensation under a plan approved by the State.
to fail, to disclose a material fact, and as a re- Secretary estimates the State will be entitled to Such plan shall provide that payments are made
sult of such false statement or representation or receive under this section for each calendar in accordance with the requirements under sec-
of such nondisclosure such individual has re- month, reduced or increased, as the case may tion 3306(v) of the Internal Revenue Code of
ceived an amount of pandemic emergency unem- be, by any amount by which the Secretary finds 1986.
ployment compensation under this section to that the Secretary’s estimates for any prior cal-
which such individual was not entitled, such in- (2) LIMITATIONS ON PLANS.—
endar month were greater or less than the
dividual— (A) GENERAL PAYMENT LIMITATIONS.—A short-
amounts which should have been paid to the
(A) shall be ineligible for further pandemic time compensation plan approved by a State
State. Such estimates may be made on the basis
emergency unemployment compensation under shall not permit the payment of short-time com-
of such statistical, sampling, or other method as
this section in accordance with the provisions of pensation to an individual by the State during
may be agreed upon by the Secretary and the
the applicable State unemployment compensa- a benefit year in excess of 26 times the amount
State agency of the State involved.
tion law relating to fraud in connection with a (3) LIMITATIONS ON PAYMENTS.— of regular compensation (including dependents’
claim for unemployment compensation; and (A) GENERAL PAYMENT LIMITATIONS.—No pay- allowances) under the State law payable to such
(B) shall be subject to prosecution under sec- ments shall be made to a State under this sec- individual for a week of total unemployment.
tion 1001 of title 18, United States Code. tion for short-time compensation paid to an in- (B) EMPLOYER LIMITATIONS.—A short-time
(2) REPAYMENT.—In the case of individuals dividual by the State during a benefit year in compensation plan approved by a State shall
who have received amounts of pandemic emer- excess of 26 times the amount of regular com- not provide payments to an individual if such
gency unemployment compensation under this pensation (including dependents’ allowances) individual is employed by the participating em-
section to which they were not entitled, the under the State law payable to such individual ployer on a seasonal, temporary, or intermittent
State shall require such individuals to repay the for a week of total unemployment. basis.
amounts of such pandemic emergency unem- (B) EMPLOYER LIMITATIONS.—No payments (3) EMPLOYER PAYMENT OF COSTS.—Any short-
ployment compensation to the State agency, ex- shall be made to a State under this section for time compensation plan entered into by an em-
cept that the State agency may waive such re- benefits paid to an individual by the State ployer must provide that the employer will pay
payment if it determines that— under a short-time compensation program if the State an amount equal to one-half of the
(A) the payment of such pandemic emergency such individual is employed by the participating amount of short-time compensation paid under
unemployment compensation was without fault employer on a seasonal, temporary, or intermit- such plan. Such amount shall be deposited in
on the part of any such individual; and tent basis. the State’s unemployment fund and shall not be
(B) such repayment would be contrary to eq- (b) APPLICABILITY.—Payments to a State used for purposes of calculating an employer’s
uity and good conscience. under subsection (a) shall be available for weeks contribution rate under section 3303(a)(1) of the
(3) RECOVERY BY STATE AGENCY.—
(A) IN GENERAL.—The State agency shall re- of unemployment— Internal Revenue Code of 1986.
(1) beginning on or after the date of the enact- (c) PAYMENTS TO STATES.—
cover the amount to be repaid, or any part
ment of this Act; and (1) IN GENERAL.—There shall be paid to each
thereof, by deductions from any pandemic emer- (2) ending on or before December 31, 2020.
gency unemployment compensation payable to State with an agreement under this section an
(c) NEW PROGRAMS.—Subject to subsection amount equal to—
such individual under this section or from any (b)(2), if at any point after the date of the en-
unemployment compensation payable to such (A) one-half of the amount of short-time com-
actment of this Act the State enacts a State law
individual under any State or Federal unem- pensation paid to individuals by the State pur-
providing for the payment of short-time com-
ployment compensation law administered by the suant to such agreement; and
pensation under a short-time compensation pro-
State agency or under any other State or Fed- (B) any additional administrative expenses in-
gram that meets the definition of such a pro-
eral law administered by the State agency which curred by the State by reason of such agreement
gram under section 3306(v) of the Internal Rev-
provides for the payment of any assistance or (as determined by the Secretary).
enue Code of 1986, the State shall be eligible for
allowance with respect to any week of unem- (2) TERMS OF PAYMENTS.—Payments made to a
payments under this section after the effective
ployment, during the 3-year period after the State under paragraph (1) shall be payable by
date of such enactment.
date such individuals received the payment of (d) FUNDING AND CERTIFICATIONS.— way of reimbursement in such amounts as the
the pandemic emergency unemployment com- (1) FUNDING.—There are appropriated, out of Secretary estimates the State will be entitled to
pensation to which they were not entitled, in moneys in the Treasury not otherwise appro- receive under this section for each calendar
accordance with the same procedures as apply priated, such sums as may be necessary for pur- month, reduced or increased, as the case may
to the recovery of overpayments of regular un- poses of carrying out this section. be, by any amount by which the Secretary finds
dlhill on DSKBBY8HB2PROD with HOUSE
employment benefits paid by the State. (2) CERTIFICATIONS.—The Secretary shall from that the Secretary’s estimates for any prior cal-
(B) OPPORTUNITY FOR HEARING.—No repay- time to time certify to the Secretary of the endar month were greater or less than the
ment shall be required, and no deduction shall Treasury for payment to each State the sums amounts which should have been paid to the
be made, until a determination has been made, payable to such State under this section. State. Such estimates may be made on the basis
notice thereof and an opportunity for a fair (e) DEFINITIONS.—In this section: of such statistical, sampling, or other method as
hearing has been given to the individual, and (1) SECRETARY.—The term ‘‘Secretary’’ means may be agreed upon by the Secretary and the
the determination has become final. the Secretary of Labor. State agency of the State involved.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1745
(3) FUNDING.—There are appropriated, out of (B) two-thirds shall be available for a grant (i) DEFINITIONS.—In this section:
moneys in the Treasury not otherwise appro- under subsection (a)(2). (1) SECRETARY.—The term ‘‘Secretary’’ means
priated, such sums as may be necessary for pur- (c) GRANT APPLICATION AND DISBURSAL.— the Secretary of Labor.
poses of carrying out this section. (1) APPLICATION.—Any State seeking a grant (2) SHORT-TIME COMPENSATION PROGRAM.—
(4) CERTIFICATIONS.—The Secretary shall from under paragraph (1) or (2) of subsection (a) The term ‘‘short-time compensation program’’
time to time certify to the Secretary of the shall submit an application to the Secretary at has the meaning given such term in section
Treasury for payment to each State the sums such time, in such manner, and complete with 3306(v) of the Internal Revenue Code of 1986.
payable to such State under this section. such information as the Secretary may require. (3) STATE; STATE AGENCY; STATE LAW.—The
(d) APPLICABILITY.—An agreement entered In no case may the Secretary award a grant terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’
into under this section shall apply to weeks of under this section with respect to an application have the meanings given those terms in section
unemployment— that is submitted after December 31, 2023. 205 of the Federal-State Extended Unemploy-
(1) beginning on or after the date on which (2) NOTICE.—The Secretary shall, within 30 ment Compensation Act of 1970 (26 U.S.C. 3304
such agreement is entered into; and days after receiving a complete application, no- note).
(2) ending on or before December 31, 2020. tify the State agency of the State of the Sec- SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLE-
(e) SPECIAL RULE.—If a State has entered into MENTING PROGRAMS.
retary’s findings with respect to the require-
an agreement under this section and subse- ments for a grant under paragraph (1) or (2) (or (a) IN GENERAL.—In order to assist States in
quently enacts a State law providing for the both) of subsection (a). establishing, qualifying, and implementing
payment of short-time compensation under a (3) CERTIFICATION.—If the Secretary finds short-time compensation programs (as defined in
short-time compensation program that meets the that the State law provisions meet the require- section 3306(v) of the Internal Revenue Code of
definition of such a program under section ments for a grant under subsection (a), the Sec- 1986), the Secretary of Labor (in this section re-
3306(v) of the Internal Revenue Code of 1986, retary shall thereupon make a certification to ferred to as the ‘‘Secretary’’) shall—
the State— (1) develop model legislative language, or dis-
that effect to the Secretary of the Treasury, to-
(1) shall not be eligible for payments under seminate existing model legislative language,
gether with a certification as to the amount of
this section for weeks of unemployment begin- which may be used by States in developing and
the grant payment to be transferred to the State
ning after the effective date of such State law; enacting such programs, and periodically review
account in the Unemployment Trust Fund (as
and and revise such model legislative language;
established in section 904(a) of the Social Secu- (2) provide technical assistance and guidance
(2) subject to section 2108(b)(2), shall be eligi- rity Act (42 U.S.C. 1104(a))) pursuant to that in developing, enacting, and implementing such
ble to receive payments under section 2108 after finding. The Secretary of the Treasury shall programs; and
the effective date of such State law. make the appropriate transfer to the State ac- (3) establish reporting requirements for States,
(f) DEFINITIONS.—In this section: count within 7 days after receiving such certifi- including reporting on—
(1) SECRETARY.—The term ‘‘Secretary’’ means cation. (A) the number of estimated averted layoffs;
the Secretary of Labor. (4) REQUIREMENT.—No certification of compli- (B) the number of participating employers and
(2) STATE; STATE AGENCY; STATE LAW.—The ance with the requirements for a grant under workers; and
terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ paragraph (1) or (2) of subsection (a) may be (C) such other items as the Secretary of Labor
have the meanings given those terms in section made with respect to any State whose— determines are appropriate.
205 of the Federal-State Extended Unemploy- (A) State law is not otherwise eligible for cer- (b) MODEL LANGUAGE AND GUIDANCE.—The
ment Compensation Act of 1970 (26 U.S.C. 3304 tification under section 303 of the Social Secu- model language and guidance developed under
note). rity Act (42 U.S.C. 503) or approvable under sec- subsection (a) shall allow sufficient flexibility
SEC. 2110. GRANTS FOR SHORT-TIME COMPENSA- tion 3304 of the Internal Revenue Code of 1986; by States and participating employers while en-
TION PROGRAMS. or suring accountability and program integrity.
(a) GRANTS.— (B) short-time compensation program is sub- (c) CONSULTATION.—In developing the model
(1) FOR IMPLEMENTATION OR IMPROVED ADMIN- ject to discontinuation or is not scheduled to legislative language and guidance under sub-
ISTRATION.—The Secretary shall award grants take effect within 12 months of the certification. section (a), and in order to meet the require-
to States that enact short-time compensation (d) USE OF FUNDS.—The amount of any grant ments of subsection (b), the Secretary shall con-
programs (as defined in subsection (i)(2)) for the awarded under this section shall be used for the sult with employers, labor organizations, State
purpose of implementation or improved adminis- implementation of short-time compensation pro- workforce agencies, and other program experts.
tration of such programs. grams and the overall administration of such Existing model legislative language that has
(2) FOR PROMOTION AND ENROLLMENT.—The programs and the promotion and enrollment ef- been developed through such a consultative
Secretary shall award grants to States that are forts associated with such programs, such as process shall be deemed to meet the consultation
eligible and submit plans for a grant under through— requirement of this subsection.
paragraph (1) for such States to promote and (1) the creation or support of rapid response (d) REPEAL.—Section 4104 of the Emergency
enroll employers in short-time compensation teams to advise employers about alternatives to Unemployment Stabilization and Access Act of
programs (as so defined). layoffs; 2020 (contained in division D of the Families
(3) ELIGIBILITY.— (2) the provision of education or assistance to First Coronavirus Response Act) is repealed.
(A) IN GENERAL.—The Secretary shall deter- employers to enable them to assess the feasibility SEC. 2112. WAIVER OF THE 7-DAY WAITING PE-
mine eligibility criteria for the grants under RIOD FOR BENEFITS UNDER THE
of participating in short-time compensation pro- RAILROAD UNEMPLOYMENT INSUR-
paragraphs (1) and (2). grams; and ANCE ACT.
(B) CLARIFICATION.—A State administering a (3) the development or enhancement of sys- (a) NO WAITING WEEK.—With respect to any
short-time compensation program that does not tems to automate— registration period beginning after the date of
meet the definition of a short-time compensation (A) the submission and approval of plans; and enactment of this Act and ending on or before
program under section 3306(v) of the Internal (B) the filing and approval of new and ongo- December 31, 2020, subparagraphs (A)(ii) and
Revenue Code of 1986, and a State with an ing short-time compensation claims. (B)(ii) of section 2(a)(1) of the Railroad Unem-
agreement under section 2109, shall not be eligi- (e) ADMINISTRATION.—The Secretary is au- ployment Insurance Act (45 U.S.C. 352(a)(1))
ble to receive a grant under this section until thorized to use 0.25 percent of the funds avail- shall not apply.
such time as the State law of the State provides able under subsection (g) to provide for outreach (b) OPERATING INSTRUCTIONS AND REGULA-
for payments under a short-time compensation and to share best practices with respect to this TIONS.—The Railroad Retirement Board may
program that meets such definition and such section and short-time compensation programs. prescribe any operating instructions or regula-
law. (f) RECOUPMENT.—The Secretary shall estab- tions necessary to carry out this section.
(b) AMOUNT OF GRANTS.— lish a process under which the Secretary shall (c) FUNDING.—Out of any funds in the Treas-
(1) IN GENERAL.—The maximum amount avail- recoup the amount of any grant awarded under ury not otherwise appropriated, there are ap-
able for making grants to a State under para- paragraph (1) or (2) of subsection (a) if the Sec- propriated $50,000,000 to cover the costs of addi-
graphs (1) and (2) shall be equal to the amount retary determines that, during the 5-year period tional benefits payable due to the application of
obtained by multiplying $100,000,000 (less the beginning on the first date that any such grant subsection (a). Upon the exhaustion of the
amount used by the Secretary under subsection is awarded to the State, the State— funds appropriated under this subsection, sub-
(e)) by the same ratio as would apply under sub- (1) terminated the State’s short-time com- section (a) shall no longer apply with respect to
section (a)(2)(B) of section 903 of the Social Se- pensation program; or any registration period beginning after the date
curity Act (42 U.S.C. 1103) for purposes of deter- (2) failed to meet appropriate requirements of exhaustion of funds.
mining such State’s share of any excess amount with respect to such program (as established by (d) DEFINITION OF REGISTRATION PERIOD.—
(as described in subsection (a)(1) of such sec- the Secretary). For purposes of this section, the term ‘‘registra-
tion) that would have been subject to transfer to (g) FUNDING.—There are appropriated, out of tion period’’ has the meaning given such term
State accounts, as of October 1, 2019, under the moneys in the Treasury not otherwise appro- under section 1 of the Railroad Unemployment
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provisions of subsection (a) of such section. priated, to the Secretary, $100,000,000 to carry Insurance Act (45 U.S.C. 351).
(2) AMOUNT AVAILABLE FOR DIFFERENT out this section, to remain available without fis- SEC. 2113. ENHANCED BENEFITS UNDER THE
GRANTS.—Of the maximum incentive payment cal year limitation. RAILROAD UNEMPLOYMENT INSUR-
determined under paragraph (1) with respect to (h) REPORTING.—The Secretary may establish ANCE ACT.
a State— reporting requirements for States receiving a Section 2(a) of the Railroad Unemployment
(A) one-third shall be available for a grant grant under this section in order to provide Insurance Act (45 U.S.C. § 352(a)) is amended by
under subsection (a)(1); and oversight of grant funds. adding at the end the following:
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H1746 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(5)(A) Notwithstanding paragraph (3), sub- ‘‘(1) $1,200 ($2,400 in the case of eligible indi- cilitating the accurate and efficient delivery of
section (c)(1)(B), and any other limitation on viduals filing a joint return), plus such payment. Except in cases of fraud or reck-
total benefits in this Act, for registration periods ‘‘(2) an amount equal to the product of $500 less neglect, no liability under sections 3325,
beginning on or after April 1, 2020, but on or be- multiplied by the number of qualifying children 3527, 3528, or 3529 of title 31, United States Code,
fore July 31, 2020, a recovery benefit in the (within the meaning of section 24(c)) of the tax- shall be imposed with respect to payments made
amount of $1,200 shall be payable to a qualified payer. under this subparagraph.
employee with respect to any registration period ‘‘(b) TREATMENT OF CREDIT.—The credit al- ‘‘(4) NO INTEREST.—No interest shall be al-
in which the employee received unemployment lowed by subsection (a) shall be treated as al- lowed on any overpayment attributable to this
benefits under paragraph (1)(A), and in any lowed by subpart C of part IV of subchapter A section.
registration period in which the employee did of chapter 1. ‘‘(5) ALTERNATE TAXABLE YEAR.—In the case
not receive unemployment benefits due to the ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS of an individual who, at the time of any deter-
limitation in subsection (c)(1)(B) or due to INCOME.—The amount of the credit allowed by mination made pursuant to paragraph (3), has
reaching the maximum number of days of bene- subsection (a) (determined without regard to not filed a tax return for the year described in
fits in the benefit year beginning July 1, 2019, this subsection and subsection (e)) shall be re- paragraph (1), the Secretary may—
under subsection (c)(1)(A). No recovery benefits duced (but not below zero) by 5 percent of so ‘‘(A) apply such paragraph by substituting
shall be payable under this section upon the ex- much of the taxpayer’s adjusted gross income as ‘2018’ for ‘2019’, and
haustion of the funds appropriated under sub- exceeds— ‘‘(B) if the individual has not filed a tax re-
paragraph (B) for payment of benefits under ‘‘(1) $150,000 in the case of a joint return, turn for such individual’s first taxable year be-
this subparagraph. ‘‘(2) $112,500 in the case of a head of house- ginning in 2018, use information with respect to
‘‘(B) Out of any funds in the Treasury not hold, and such individual for calendar year 2019 provided
otherwise appropriated, there are appropriated ‘‘(3) $75,000 in the case of a taxpayer not de- in—
$425,000,000 to cover the cost of recovery benefits scribed in paragraph (1) or (2). ‘‘(i) Form SSA–1099, Social Security Benefit
provided under subparagraph (A), to remain ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of Statement, or
available until expended.’’. this section, the term ‘eligible individual’ means ‘‘(ii) Form RRB–1099, Social Security Equiva-
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS any individual other than— lent Benefit Statement.
UNDER THE RAILROAD UNEMPLOY- ‘‘(1) any nonresident alien individual, ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15
MENT INSURANCE ACT. ‘‘(2) any individual with respect to whom a days after the date on which the Secretary dis-
(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the deduction under section 151 is allowable to an- tributed any payment to an eligible taxpayer
Railroad Unemployment Insurance Act (45 other taxpayer for a taxable year beginning in pursuant to this subsection, notice shall be sent
U.S.C. 352(c)(2)(D)(iii) is amended— the calendar year in which the individual’s tax- by mail to such taxpayer’s last known address.
(1) by striking ‘‘July 1, 2008’’ and inserting able year begins, and Such notice shall indicate the method by which
‘‘July 1, 2019’’; ‘‘(3) an estate or trust. such payment was made, the amount of such
(2) by striking ‘‘June 30, 2013’’ and inserting ‘‘(e) COORDINATION WITH ADVANCE REFUNDS payment, and a phone number for the appro-
‘‘June 30, 2020’’; and OF CREDIT.— priate point of contact at the Internal Revenue
(3) by striking ‘‘December 31, 2013’’ and insert- ‘‘(1) IN GENERAL.—The amount of credit which Service to report any failure to receive such
ing ‘‘December 31, 2020’’. would (but for this paragraph) be allowable payment.
(b) CLARIFICATION ON AUTHORITY TO USE under this section shall be reduced (but not ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
FUNDS.—Funds appropriated under either the below zero) by the aggregate refunds and credits ‘‘(1) IN GENERAL.—No credit shall be allowed
first or second sentence of clause (iv) of section made or allowed to the taxpayer under sub- under subsection (a) to an eligible individual
2(c)(2)(D) of the Railroad Unemployment Insur- section (f). Any failure to so reduce the credit who does not include on the return of tax for
ance Act shall be available to cover the cost of shall be treated as arising out of a mathematical the taxable year—
additional extended unemployment benefits pro- or clerical error and assessed according to sec- ‘‘(A) such individual’s valid identification
vided under such section 2(c)(2)(D) by reason of tion 6213(b)(1). number,
the amendments made by subsection (a) as well ‘‘(2) JOINT RETURNS.—In the case of a refund ‘‘(B) in the case of a joint return, the valid
as to cover the cost of such benefits provided or credit made or allowed under subsection (f) identification number of such individual’s
under such section 2(c)(2)(D) as in effect on the with respect to a joint return, half of such re- spouse, and
day before the date of enactment of this Act. fund or credit shall be treated as having been ‘‘(C) in the case of any qualifying child taken
SEC. 2115. FUNDING FOR THE DOL OFFICE OF IN- made or allowed to each individual filing such into account under subsection (a)(2), the valid
SPECTOR GENERAL FOR OVERSIGHT return. identification number of such qualifying child.
OF UNEMPLOYMENT PROVISIONS. ‘‘(f) ADVANCE REFUNDS AND CREDITS.— ‘‘(2) VALID IDENTIFICATION NUMBER.—
There are appropriated, out of moneys in the ‘‘(1) IN GENERAL.—Subject to paragraph (5), ‘‘(A) IN GENERAL.—For purposes of paragraph
Treasury not otherwise appropriated, to the Of- each individual who was an eligible individual (1), the term ‘valid identification number’ means
fice of the Inspector General of the Department for such individual’s first taxable year begin- a social security number (as such term is defined
of Labor, $25,000,000 to carry out audits, inves- ning in 2019 shall be treated as having made a in section 24(h)(7)).
tigations, and other oversight activities author- payment against the tax imposed by chapter 1 ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION
ized under the Inspector General Act of 1978 (5 for such taxable year in an amount equal to the NUMBER.—For purposes of paragraph (1)(C), in
U.S.C. App.) that are related to the provisions advance refund amount for such taxable year. the case of a qualifying child who is adopted or
of, and amendments made by, this subtitle, to ‘‘(2) ADVANCE REFUND AMOUNT.—For purposes placed for adoption, the term ‘valid identifica-
remain available without fiscal year limitation. of paragraph (1), the advance refund amount is tion number’ shall include the adoption tax-
SEC. 2116. IMPLEMENTATION. the amount that would have been allowed as a payer identification number of such child.
(a) NON-APPLICATION OF THE PAPERWORK RE- credit under this section for such taxable year if ‘‘(3) SPECIAL RULE FOR MEMBERS OF THE
this section (other than subsection (e) and this ARMED FORCES.—Paragraph (1)(B) shall not
DUCTION ACT.—Chapter 35 of title 44, United
subsection) had applied to such taxable year. apply in the case where at least 1 spouse was a
States Code (commonly referred to as the ‘‘Pa-
‘‘(3) TIMING AND MANNER OF PAYMENTS.— member of the Armed Forces of the United
perwork Reduction Act of 1995’’), shall not
‘‘(A) TIMING.—The Secretary shall, subject to States at any time during the taxable year and
apply to the provisions of, and the amendments
the provisions of this title, refund or credit any at least 1 spouse satisfies paragraph (1)(A).
made by, this subtitle.
overpayment attributable to this section as rap- ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU-
(b) OPERATING INSTRUCTIONS OR OTHER GUID-
idly as possible. No refund or credit shall be THORITY.—Any omission of a correct valid iden-
ANCE.—Notwithstanding any other provision of
made or allowed under this subsection after De- tification number required under this subsection
law, the Secretary of Labor may issue any oper-
cember 31, 2020. shall be treated as a mathematical or clerical
ating instructions or other guidance necessary
‘‘(B) DELIVERY OF PAYMENTS.—Notwith- error for purposes of applying section 6213(g)(2)
to carry out the provisions of, or the amend-
standing any other provision of law, the Sec- to such omission.
ments made by, this subtitle.
retary may certify and disburse refunds payable ‘‘(h) REGULATIONS.—The Secretary shall pre-
Subtitle B—Rebates and Other Individual under this subsection electronically to any ac- scribe such regulations or other guidance as
Provisions count to which the payee authorized, on or may be necessary to carry out the purposes of
SEC. 2201. 2020 RECOVERY REBATES FOR INDIVID- after January 1, 2018, the delivery of a refund of this section, including any such measures as are
UALS. taxes under this title or of a Federal payment deemed appropriate to avoid allowing multiple
(a) IN GENERAL.—Subchapter B of chapter 65 (as defined in section 3332 of title 31, United credits or rebates to a taxpayer.’’.
of subtitle F of the Internal Revenue Code of States Code). (b) ADMINISTRATIVE AMENDMENTS.—
1986 is amended by inserting after section 6427 ‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- (1) DEFINITION OF DEFICIENCY.—Section
the following new section: standing section 3325 of title 31, United States 6211(b)(4)(A) of the Internal Revenue Code of
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‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDI- Code, or any other provision of law, with re- 1986 is amended by striking ‘‘and 36B, 168(k)(4)’’
VIDUALS. spect to any payment of a refund under this and inserting ‘‘36B, and 6428’’.
‘‘(a) IN GENERAL.—In the case of an eligible subsection, a disbursing official in the executive (2) MATHEMATICAL OR CLERICAL ERROR AU-
individual, there shall be allowed as a credit branch of the United States Government may THORITY.—Section 6213(g)(2)(L) of such Code is
against the tax imposed by subtitle A for the modify payment information received from an amended by striking ‘‘or 32’’ and inserting ‘‘32,
first taxable year beginning in 2020 an amount officer or employee described in section or 6428’’.
equal to the sum of— 3325(a)(1)(B) of such title for the purpose of fa- (c) TREATMENT OF POSSESSIONS.—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1747
(1) PAYMENTS TO POSSESSIONS.— priated, out of any money in the Treasury not (A) IN GENERAL.—Any individual who receives
(A) MIRROR CODE POSSESSION.—The Secretary otherwise appropriated, for the fiscal year end- a coronavirus-related distribution may, at any
of the Treasury shall pay to each possession of ing September 30, 2020: time during the 3-year period beginning on the
the United States which has a mirror code tax (A) DEPARTMENT OF THE TREASURY.— day after the date on which such distribution
system amounts equal to the loss (if any) to that (i) For an additional amount for ‘‘Department was received, make 1 or more contributions in
possession by reason of the amendments made of the Treasury—Bureau of the Fiscal Service— an aggregate amount not to exceed the amount
by this section. Such amounts shall be deter- Salaries and Expenses’’, $78,650,000, to remain of such distribution to an eligible retirement
mined by the Secretary of the Treasury based on available until September 30, 2021. plan of which such individual is a beneficiary
information provided by the government of the (ii) For an additional amount for ‘‘Depart- and to which a rollover contribution of such dis-
respective possession. ment of the Treasury—Internal Revenue Serv- tribution could be made under section 402(c),
(B) OTHER POSSESSIONS.—The Secretary of the ice—Taxpayer Services’’, $293,500,000, to remain 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the
Treasury shall pay to each possession of the available until September 30, 2021. Internal Revenue Code of 1986, as the case may
United States which does not have a mirror code (iii) For an additional amount for ‘‘Depart- be.
tax system amounts estimated by the Secretary ment of the Treasury—Internal Revenue Serv- (B) TREATMENT OF REPAYMENTS OF DISTRIBU-
of the Treasury as being equal to the aggregate ice—Operations Support’’, $170,000,000, to re- TIONS FROM ELIGIBLE RETIREMENT PLANS OTHER
benefits (if any) that would have been provided main available until September 30, 2021. THAN IRAS.—For purposes of the Internal Rev-
to residents of such possession by reason of the (iv) For an additional amount for ‘‘Depart- enue Code of 1986, if a contribution is made pur-
amendments made by this section if a mirror ment of Treasury—Internal Revenue Service— suant to subparagraph (A) with respect to a
code tax system had been in effect in such pos- Enforcement’’, $37,200,000, to remain available coronavirus-related distribution from an eligible
session. The preceding sentence shall not apply until September 30, 2021. retirement plan other than an individual retire-
unless the respective possession has a plan, Amounts made available in appropriations ment plan, then the taxpayer shall, to the ex-
which has been approved by the Secretary of under clauses (ii), (iii), and (iv) of this subpara- tent of the amount of the contribution, be treat-
the Treasury, under which such possession will graph may be transferred between such appro- ed as having received the coronavirus-related
promptly distribute such payments to its resi- priations upon the advance notification of the distribution in an eligible rollover distribution
dents. Committees on Appropriations of the House of (as defined in section 402(c)(4) of such Code)
(2) COORDINATION WITH CREDIT ALLOWED Representatives and the Senate. Such transfer and as having transferred the amount to the eli-
AGAINST UNITED STATES INCOME TAXES.—No authority is in addition to any other transfer gible retirement plan in a direct trustee to trust-
credit shall be allowed against United States in- authority provided by law. ee transfer within 60 days of the distribution.
come taxes under section 6428 of the Internal (B) SOCIAL SECURITY ADMINISTRATION.—For (C) TREATMENT OF REPAYMENTS OF DISTRIBU-
Revenue Code of 1986 (as added by this section) an additional amount for ‘‘Social Security Ad- TIONS FROM IRAS.—For purposes of the Internal
to any person— ministration—Limitation on Administrative Ex- Revenue Code of 1986, if a contribution is made
(A) to whom a credit is allowed against taxes penses’’, $38,000,000, to remain available until pursuant to subparagraph (A) with respect to a
imposed by the possession by reason of the September 30, 2021. coronavirus-related distribution from an indi-
amendments made by this section, or (2) REPORTS.—No later than 15 days after en- vidual retirement plan (as defined by section
(B) who is eligible for a payment under a plan actment of this Act, the Secretary of the Treas- 7701(a)(37) of such Code), then, to the extent of
described in paragraph (1)(B). ury shall submit a plan to the Committees on the amount of the contribution, the coronavirus-
(3) DEFINITIONS AND SPECIAL RULES.— Appropriations of the House of Representatives related distribution shall be treated as a dis-
(A) POSSESSION OF THE UNITED STATES.—For and the Senate detailing the expected use of the tribution described in section 408(d)(3) of such
purposes of this subsection, the term ‘‘possession funds provided by paragraph (1)(A). Beginning Code and as having been transferred to the eli-
of the United States’’ includes the Common- 90 days after enactment of this Act, the Sec- gible retirement plan in a direct trustee to trust-
wealth of Puerto Rico and the Commonwealth retary of the Treasury shall submit a quarterly ee transfer within 60 days of the distribution.
of the Northern Mariana Islands. report to the Committees on Appropriations of (4) DEFINITIONS.—For purposes of this sub-
(B) MIRROR CODE TAX SYSTEM.—For purposes the House of Representatives and the Senate de- section—
of this subsection, the term ‘‘mirror code tax sys- tailing the actual expenditure of funds provided (A) CORONAVIRUS-RELATED DISTRIBUTION.—
tem’’ means, with respect to any possession of by paragraph (1)(A) and the expected expendi- Except as provided in paragraph (2), the term
the United States, the income tax system of such ture of such funds in the subsequent quarter. ‘‘coronavirus-related distribution’’ means any
possession if the income tax liability of the resi- (g) CONFORMING AMENDMENTS.— distribution from an eligible retirement plan
dents of such possession under such system is (1) Paragraph (2) of section 1324(b) of title 31, made—
determined by reference to the income tax laws United States Code, is amended by inserting (i) on or after January 1, 2020, and before De-
of the United States as if such possession were ‘‘6428,’’ after ‘‘54B(h),’’. cember 31, 2020,
the United States. (2) The table of sections for subchapter B of (ii) to an individual—
(C) TREATMENT OF PAYMENTS.—For purposes chapter 65 of subtitle F of the Internal Revenue (I) who is diagnosed with the virus SARS–
of section 1324 of title 31, United States Code, Code of 1986 is amended by inserting after the CoV–2 or with coronavirus disease 2019
the payments under this subsection shall be item relating to section 6427 the following: (COVID–19) by a test approved by the Centers
treated in the same manner as a refund due for Disease Control and Prevention,
from a credit provision referred to in subsection ‘‘Sec. 6428. 2020 Recovery Rebates for individ- (II) whose spouse or dependent (as defined in
(b)(2) of such section. uals.’’. section 152 of the Internal Revenue Code of
(d) EXCEPTION FROM REDUCTION OR OFF- SEC. 2202. SPECIAL RULES FOR USE OF RETIRE- 1986) is diagnosed with such virus or disease by
SET.—Any credit or refund allowed or made to
MENT FUNDS.
such a test, or
any individual by reason of section 6428 of the (a) TAX-FAVORED WITHDRAWALS FROM RE- (III) who experiences adverse financial con-
Internal Revenue Code of 1986 (as added by this TIREMENT PLANS.— sequences as a result of being quarantined,
section) or by reason of subsection (c) of this (1) IN GENERAL.—Section 72(t) of the Internal being furloughed or laid off or having work
section shall not be— Revenue Code of 1986 shall not apply to any hours reduced due to such virus or disease,
(1) subject to reduction or offset pursuant to coronavirus-related distribution. being unable to work due to lack of child care
section 3716 or 3720A of title 31, United States (2) AGGREGATE DOLLAR LIMITATION.— due to such virus or disease, closing or reducing
Code, (A) IN GENERAL.—For purposes of this sub- hours of a business owned or operated by the in-
(2) subject to reduction or offset pursuant to section, the aggregate amount of distributions dividual due to such virus or disease, or other
subsection (d), (e), or (f) of section 6402 of the received by an individual which may be treated factors as determined by the Secretary of the
Internal Revenue Code of 1986, or as coronavirus-related distributions for any tax- Treasury (or the Secretary’s delegate).
(3) reduced or offset by other assessed Federal able year shall not exceed $100,000. (B) EMPLOYEE CERTIFICATION.—The adminis-
taxes that would otherwise be subject to levy or (B) TREATMENT OF PLAN DISTRIBUTIONS.—If a trator of an eligible retirement plan may rely on
collection. distribution to an individual would (without re- an employee’s certification that the employee
(e) PUBLIC AWARENESS CAMPAIGN.—The Sec- gard to subparagraph (A)) be a coronavirus-re- satisfies the conditions of subparagraph (A)(ii)
retary of the Treasury (or the Secretary’s dele- lated distribution, a plan shall not be treated as in determining whether any distribution is a
gate) shall conduct a public awareness cam- violating any requirement of the Internal Rev- coronavirus-related distribution.
paign, in coordination with the Commissioner of enue Code of 1986 merely because the plan treats (C) ELIGIBLE RETIREMENT PLAN.—The term
Social Security and the heads of other relevant such distribution as a coronavirus-related dis- ‘‘eligible retirement plan’’ has the meaning
Federal agencies, to provide information regard- tribution, unless the aggregate amount of such given such term by section 402(c)(8)(B) of the In-
ing the availability of the credit and rebate al- distributions from all plans maintained by the ternal Revenue Code of 1986.
lowed under section 6428 of the Internal Rev- employer (and any member of any controlled (5) INCOME INCLUSION SPREAD OVER 3-YEAR PE-
enue Code of 1986 (as added by this section), in- group which includes the employer) to such in- RIOD.—
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cluding information with respect to individuals dividual exceeds $100,000. (A) IN GENERAL.—In the case of any
who may not have filed a tax return for taxable (C) CONTROLLED GROUP.—For purposes of coronavirus-related distribution, unless the tax-
year 2018 or 2019. subparagraph (B), the term ‘‘controlled group’’ payer elects not to have this paragraph apply
(f) APPROPRIATIONS TO CARRY OUT RE- means any group treated as a single employer for any taxable year, any amount required to be
BATES.— under subsection (b), (c), (m), or (o) of section included in gross income for such taxable year
(1) IN GENERAL.—Immediately upon the enact- 414 of the Internal Revenue Code of 1986. shall be so included ratably over the 3-taxable-
ment of this Act, the following sums are appro- (3) AMOUNT DISTRIBUTED MAY BE REPAID.— year period beginning with such taxable year.
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H1748 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(B) SPECIAL RULE.—For purposes of subpara- (or the delegate of either such Secretary) under plan or contract shall not fail to meet the re-
graph (A), rules similar to the rules of subpara- any provision of this section, and quirements of section 411(d)(6) of the Internal
graph (E) of section 408A(d)(3) of the Internal (ii) on or before the last day of the first plan Revenue Code of 1986 and section 204(g) of the
Revenue Code of 1986 shall apply. year beginning on or after January 1, 2022, or Employee Retirement Income Security Act of
(6) SPECIAL RULES.— such later date as the Secretary of the Treasury 1974 by reason of such amendment.
(A) EXEMPTION OF DISTRIBUTIONS FROM (or the Secretary’s delegate) may prescribe. (B) AMENDMENTS TO WHICH PARAGRAPH AP-
TRUSTEE TO TRUSTEE TRANSFER AND WITH- In the case of a governmental plan (as defined PLIES.—
HOLDING RULES.—For purposes of sections in section 414(d) of the Internal Revenue Code (i) IN GENERAL.—This paragraph shall apply
401(a)(31), 402(f), and 3405 of the Internal Rev- of 1986), clause (ii) shall be applied by sub- to any amendment to any plan or annuity con-
enue Code of 1986, coronavirus-related distribu- stituting the date which is 2 years after the date tract which—
tions shall not be treated as eligible rollover dis- otherwise applied under clause (ii). (I) is made pursuant to the amendments made
tributions. (B) CONDITIONS.—This subsection shall not by this section, and
(B) CORONAVIRUS-RELATED DISTRIBUTIONS apply to any amendment unless— (II) is made on or before the last day of the
TREATED AS MEETING PLAN DISTRIBUTION RE- (i) during the period— first plan year beginning on or after January 1,
QUIREMENTS.—For purposes of the Internal Rev- (I) beginning on the date that this section or 2022.
enue Code of 1986, a coronavirus-related dis- the regulation described in subparagraph (A)(i) In the case of a governmental plan, subclause
tribution shall be treated as meeting the require- takes effect (or in the case of a plan or contract (II) shall be applied by substituting ‘‘2024’’ for
ments of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), amendment not required by this section or such ‘‘2022’’.
403(b)(11), and 457(d)(1)(A) of such Code and regulation, the effective date specified by the (ii) CONDITIONS.—This paragraph shall not
section 8433(h)(1) of title 5, United States Code. plan), and apply to any amendment unless during the pe-
(b) LOANS FROM QUALIFIED PLANS.— (II) ending on the date described in subpara- riod beginning on the effective date of the
(1) INCREASE IN LIMIT ON LOANS NOT TREATED graph (A)(ii) (or, if earlier, the date the plan or amendment and ending on December 31, 2020,
AS DISTRIBUTIONS.—In the case of any loan from contract amendment is adopted), the plan or contract is operated as if such plan
a qualified employer plan (as defined under sec- the plan or contract is operated as if such plan or contract amendment were in effect.
tion 72(p)(4) of the Internal Revenue Code of or contract amendment were in effect, and SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE
1986) to a qualified individual made during the (ii) such plan or contract amendment applies LINE DEDUCTION FOR CHARITABLE
180-day period beginning on the date of the en- retroactively for such period. CONTRIBUTIONS.
actment of this Act— SEC. 2203. TEMPORARY WAIVER OF REQUIRED
(a) IN GENERAL.—Section 62(a) of the Internal
(A) clause (i) of section 72(p)(2)(A) of such MINIMUM DISTRIBUTION RULES FOR Revenue Code of 1986 is amended by inserting
Code shall be applied by substituting ‘‘$100,000’’ CERTAIN RETIREMENT PLANS AND after paragraph (21) the following new para-
for ‘‘$50,000’’, and ACCOUNTS. graph:
(B) clause (ii) of such section shall be applied (a) IN GENERAL.—Section 401(a)(9) of the In- ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the
by substituting ‘‘the present value of the non- ternal Revenue Code of 1986 is amended by add- case of taxable years beginning in 2020, the
forfeitable accrued benefit of the employee ing at the end the following new subparagraph: amount (not to exceed $300) of qualified chari-
under the plan’’ for ‘‘one-half of the present ‘‘(I) TEMPORARY WAIVER OF MINIMUM RE- table contributions made by an eligible indi-
value of the nonforfeitable accrued benefit of QUIRED DISTRIBUTION.— vidual during the taxable year.’’.
the employee under the plan’’. ‘‘(i) IN GENERAL.—The requirements of this (b) DEFINITIONS.—Section 62 of such Code is
(2) DELAY OF REPAYMENT.—In the case of a paragraph shall not apply for calendar year amended by adding at the end the following
qualified individual with an outstanding loan 2020 to— new subsection:
(on or after the date of the enactment of this ‘‘(I) a defined contribution plan which is de- ‘‘(f) DEFINITIONS RELATING TO QUALIFIED
Act) from a qualified employer plan (as defined scribed in this subsection or in section 403(a) or CHARITABLE CONTRIBUTIONS.—For purposes of
in section 72(p)(4) of the Internal Revenue Code 403(b), subsection (a)(22)—
of 1986)— ‘‘(II) a defined contribution plan which is an ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible
(A) if the due date pursuant to subparagraph eligible deferred compensation plan described in individual’ means any individual who does not
(B) or (C) of section 72(p)(2) of such Code for section 457(b) but only if such plan is main- elect to itemize deductions.
tained by an employer described in section ‘‘(2) QUALIFIED CHARITABLE CONTRIBUTIONS.—
any repayment with respect to such loan occurs
457(e)(1)(A), or The term ‘qualified charitable contribution’
during the period beginning on the date of the
‘‘(III) an individual retirement plan. means a charitable contribution (as defined in
enactment of this Act and ending on December
‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING section 170(c))—
31, 2020, such due date shall be delayed for 1
DATES IN 2020.—Clause (i) shall apply to any dis- ‘‘(A) which is made in cash,
year, ‘‘(B) for which a deduction is allowable under
(B) any subsequent repayments with respect tribution which is required to be made in cal-
endar year 2020 by reason of— section 170 (determined without regard to sub-
to any such loan shall be appropriately adjusted
‘‘(I) a required beginning date occurring in section (b) thereof), and
to reflect the delay in the due date under sub- ‘‘(C) which is—
paragraph (A) and any interest accruing during such calendar year, and
‘‘(i) made to an organization described in sec-
such delay, and ‘‘(II) such distribution not having been made
tion 170(b)(1)(A), and
(C) in determining the 5-year period and the before January 1, 2020.
‘‘(ii) not—
term of a loan under subparagraph (B) or (C) of ‘‘(iii) SPECIAL RULES REGARDING WAIVER PE- ‘‘(I) to an organization described in section
section 72(p)(2) of such Code, the period de- RIOD.—For purposes of this paragraph—
509(a)(3), or
scribed in subparagraph (A) of this paragraph ‘‘(I) the required beginning date with respect ‘‘(II) for the establishment of a new, or main-
shall be disregarded. to any individual shall be determined without tenance of an existing, donor advised fund (as
(3) QUALIFIED INDIVIDUAL.—For purposes of regard to this subparagraph for purposes of ap- defined in section 4966(d)(2)).
this subsection, the term ‘‘qualified individual’’ plying this paragraph for calendar years after Such term shall not include any amount which
means any individual who is described in sub- 2020, and is treated as a charitable contribution made in
section (a)(4)(A)(ii). ‘‘(II) if clause (ii) of subparagraph (B) ap- such taxable year by reason of subsection
(c) PROVISIONS RELATING TO PLAN AMEND- plies, the 5-year period described in such clause (b)(1)(G)(ii) or (d)(1) of section 170.’’.
MENTS.— shall be determined without regard to calendar (c) EFFECTIVE DATE.—The amendments made
(1) IN GENERAL.—If this subsection applies to year 2020.’’. by this section shall apply to taxable years be-
any amendment to any plan or annuity con- (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Sec- ginning after December 31, 2019.
tract— tion 402(c)(4) of the Internal Revenue Code of SEC. 2205. MODIFICATION OF LIMITATIONS ON
(A) such plan or contract shall be treated as 1986 is amended by striking ‘‘2009’’ each place it CHARITABLE CONTRIBUTIONS DUR-
being operated in accordance with the terms of appears in the last sentence and inserting ING 2020.
the plan during the period described in para- ‘‘2020’’. (a) TEMPORARY SUSPENSION OF LIMITATIONS
graph (2)(B)(i), and (c) EFFECTIVE DATES.— ON CERTAIN CASH CONTRIBUTIONS.—
(B) except as provided by the Secretary of the (1) IN GENERAL.—The amendments made by (1) IN GENERAL.—Except as otherwise provided
Treasury (or the Secretary’s delegate), such this section shall apply for calendar years be- in paragraph (2), qualified contributions shall
plan or contract shall not fail to meet the re- ginning after December 31, 2019. be disregarded in applying subsections (b) and
quirements of section 411(d)(6) of the Internal (2) PROVISIONS RELATING TO PLAN OR CON- (d) of section 170 of the Internal Revenue Code
Revenue Code of 1986 and section 204(g) of the TRACT AMENDMENTS.— of 1986.
Employee Retirement Income Security Act of (A) IN GENERAL.—If this paragraph applies to (2) TREATMENT OF EXCESS CONTRIBUTIONS.—
1974 by reason of such amendment. any plan or contract amendment— For purposes of section 170 of the Internal Rev-
(2) AMENDMENTS TO WHICH SUBSECTION AP- (i) such plan or contract shall not fail to be enue Code of 1986—
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PLIES.— treated as being operated in accordance with (A) INDIVIDUALS.—In the case of an indi-
(A) IN GENERAL.—This subsection shall apply the terms of the plan during the period de- vidual—
to any amendment to any plan or annuity con- scribed in subparagraph (B)(ii) solely because (i) LIMITATION.—Any qualified contribution
tract which is made— the plan operates in accordance with this sec- shall be allowed as a deduction only to the ex-
(i) pursuant to any provision of this section, tion, and tent that the aggregate of such contributions
or pursuant to any regulation issued by the Sec- (ii) except as provided by the Secretary of the does not exceed the excess of the taxpayer’s con-
retary of the Treasury or the Secretary of Labor Treasury (or the Secretary’s delegate), such tribution base (as defined in subparagraph (H)
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1749
of section 170(b)(1) of such Code) over the Subtitle C—Business Provisions exempt from tax under section 501(a) of such
amount of all other charitable contributions al- SEC. 2301. EMPLOYEE RETENTION CREDIT FOR Code, clauses (i) and (ii)(I) of subparagraph (A)
lowed under section 170(b)(1) of such Code. EMPLOYERS SUBJECT TO CLOSURE shall apply to all operations of such organiza-
(ii) CARRYOVER.—If the aggregate amount of DUE TO COVID–19. tion.
qualified contributions made in the contribution (a) IN GENERAL.—In the case of an eligible (3) QUALIFIED WAGES.—
year (within the meaning of section 170(d)(1) of employer, there shall be allowed as a credit (A) IN GENERAL.—The term ‘‘qualified wages’’
such Code) exceeds the limitation of clause (i), against applicable employment taxes for each means—
such excess shall be added to the excess de- calendar quarter an amount equal to 50 percent (i) in the case of an eligible employer for
scribed in section 170(b)(1)(G)(ii). of the qualified wages with respect to each em- which the average number of full-time employ-
(B) CORPORATIONS.—In the case of a corpora- ployee of such employer for such calendar quar- ees (within the meaning of section 4980H of the
tion— ter. Internal Revenue Code of 1986) employed by
(i) LIMITATION.—Any qualified contribution (b) LIMITATIONS AND REFUNDABILITY.— such eligible employer during 2019 was greater
shall be allowed as a deduction only to the ex- (1) WAGES TAKEN INTO ACCOUNT.—The amount than 100, wages paid by such eligible employer
tent that the aggregate of such contributions of qualified wages with respect to any employee with respect to which an employee is not pro-
does not exceed the excess of 25 percent of the which may be taken into account under sub- viding services due to circumstances described in
taxpayer’s taxable income (as determined under section (a) by the eligible employer for all cal- subclause (I) or (II) of paragraph (2)(A)(ii), or
paragraph (2) of section 170(b) of such Code) endar quarters shall not exceed $10,000. (ii) in the case of an eligible employer for
over the amount of all other charitable contribu- (2) CREDIT LIMITED TO EMPLOYMENT TAXES.— which the average number of full-time employ-
tions allowed under such paragraph. The credit allowed by subsection (a) with re- ees (within the meaning of section 4980H of the
(ii) CARRYOVER.—If the aggregate amount of spect to any calendar quarter shall not exceed Internal Revenue Code of 1986) employed by
qualified contributions made in the contribution the applicable employment taxes (reduced by such eligible employer during 2019 was not
year (within the meaning of section 170(d)(2) of any credits allowed under subsections (e) and greater than 100—
such Code) exceeds the limitation of clause (i), (f) of section 3111 of the Internal Revenue Code (I) with respect to an eligible employer de-
such excess shall be appropriately taken into ac- of 1986 and sections 7001 and 7003 of the Fami- scribed in subclause (I) of paragraph (2)(A)(ii),
count under section 170(d)(2) subject to the limi- lies First Coronavirus Response Act) on the wages paid by such eligible employer with re-
tations thereof. wages paid with respect to the employment of spect to an employee during any period de-
(3) QUALIFIED CONTRIBUTIONS.— all the employees of the eligible employer for scribed in such clause, or
(A) IN GENERAL.—For purposes of this sub- (II) with respect to an eligible employer de-
such calendar quarter.
section, the term ‘‘qualified contribution’’ means scribed in subclause (II) of such paragraph,
(3) REFUNDABILITY OF EXCESS CREDIT.—
any charitable contribution (as defined in sec- (A) IN GENERAL.—If the amount of the credit wages paid by such eligible employer with re-
tion 170(c) of the Internal Revenue Code of 1986) under subsection (a) exceeds the limitation of spect to an employee during such quarter.
if— Such term shall not include any wages taken
paragraph (2) for any calendar quarter, such
(i) such contribution is paid in cash during into account under section 7001 or section 7003
excess shall be treated as an overpayment that
calendar year 2020 to an organization described of the Families First Coronavirus Response Act.
shall be refunded under sections 6402(a) and (B) LIMITATION.—Qualified wages paid or in-
in section 170(b)(1)(A) of such Code, and 6413(b) of the Internal Revenue Code of 1986.
(ii) the taxpayer has elected the application of curred by an eligible employer described in sub-
(B) TREATMENT OF PAYMENTS.—For purposes paragraph (A)(i) with respect to an employee for
this section with respect to such contribution. of section 1324 of title 31, United States Code,
(B) EXCEPTION.—Such term shall not include any period described in such subparagraph may
any amounts due to the employer under this not exceed the amount such employee would
a contribution by a donor if the contribution paragraph shall be treated in the same manner
is— have been paid for working an equivalent dura-
as a refund due from a credit provision referred tion during the 30 days immediately preceding
(i) to an organization described in section to in subsection (b)(2) of such section.
509(a)(3) of the Internal Revenue Code of 1986, such period.
(c) DEFINITIONS.—For purposes of this sec- (C) ALLOWANCE FOR CERTAIN HEALTH PLAN EX-
or tion—
(ii) for the establishment of a new, or mainte- PENSES.—
(1) APPLICABLE EMPLOYMENT TAXES.—The (i) IN GENERAL.—The term ‘‘qualified wages’’
nance of an existing, donor advised fund (as de- term ‘‘applicable employment taxes’’ means the shall include so much of the eligible employer’s
fined in section 4966(d)(2) of such Code). following:
(C) APPLICATION OF ELECTION TO PARTNER- qualified health plan expenses as are properly
(A) The taxes imposed under section 3111(a) of allocable to such wages.
SHIPS AND S CORPORATIONS.—In the case of a the Internal Revenue Code of 1986. (ii) QUALIFIED HEALTH PLAN EXPENSES.—For
partnership or S corporation, the election under (B) So much of the taxes imposed under sec- purposes of this paragraph, the term ‘‘qualified
subparagraph (A)(ii) shall be made separately tion 3221(a) of such Code as are attributable to health plan expenses’’ means amounts paid or
by each partner or shareholder. the rate in effect under section 3111(a) of such incurred by the eligible employer to provide and
(b) INCREASE IN LIMITS ON CONTRIBUTIONS OF Code. maintain a group health plan (as defined in sec-
FOOD INVENTORY.—In the case of any charitable (2) ELIGIBLE EMPLOYER.— tion 5000(b)(1) of the Internal Revenue Code of
contribution of food during 2020 to which sec- (A) IN GENERAL.—The term ‘‘eligible em- 1986), but only to the extent that such amounts
tion 170(e)(3)(C) of the Internal Revenue Code of ployer’’ means any employer— are excluded from the gross income of employees
1986 applies, subclauses (I) and (II) of clause (ii) (i) which was carrying on a trade or business by reason of section 106(a) of such Code.
thereof shall each be applied by substituting ‘‘25 during calendar year 2020, and (iii) ALLOCATION RULES.—For purposes of this
percent’’ for ‘‘15 percent.’’ (ii) with respect to any calendar quarter, for paragraph, qualified health plan expenses shall
(c) EFFECTIVE DATE.—This section shall apply which— be allocated to qualified wages in such manner
to taxable years ending after December 31, 2019. (I) the operation of the trade or business de- as the Secretary may prescribe. Except as other-
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER scribed in clause (i) is fully or partially sus- wise provided by the Secretary, such allocation
PAYMENTS OF STUDENT LOANS. pended during the calendar quarter due to or- shall be treated as properly made if made on the
(a) IN GENERAL.—Paragraph (1) of section ders from an appropriate governmental author- basis of being pro rata among employees and pro
127(c) of the Internal Revenue Code of 1986 is ity limiting commerce, travel, or group meetings rata on the basis of periods of coverage (relative
amended by striking ‘‘and’’ at the end of sub- (for commercial, social, religious, or other pur- to the periods to which such wages relate).
paragraph (A), by redesignating subparagraph poses) due to the coronavirus disease 2019 (4) SECRETARY.—The term ‘‘Secretary’’ means
(B) as subparagraph (C), and by inserting after (COVID–19), or the Secretary of the Treasury or the Secretary’s
subparagraph (A) the following new subpara- (II) such calendar quarter is within the period delegate.
graph: described in subparagraph (B). (5) WAGES.—The term ‘‘wages’’ means wages
‘‘(B) in the case of payments made before Jan- (B) SIGNIFICANT DECLINE IN GROSS RECEIPTS.— (as defined in section 3121(a) of the Internal
uary 1, 2021, the payment by an employer, The period described in this subparagraph is the Revenue Code of 1986) and compensation (as de-
whether paid to the employee or to a lender, of period— fined in section 3231(e) of such Code).
principal or interest on any qualified education (i) beginning with the first calendar quarter (6) OTHER TERMS.—Any term used in this sec-
loan (as defined in section 221(d)(1)) incurred by beginning after December 31, 2019, for which tion which is also used in chapter 21 or 22 of the
the employee for education of the employee, gross receipts (within the meaning of section Internal Revenue Code of 1986 shall have the
and’’. 448(c) of the Internal Revenue Code of 1986) for same meaning as when used in such chapter.
(b) CONFORMING AMENDMENT; DENIAL OF the calendar quarter are less than 50 percent of (d) AGGREGATION RULE.—All persons treated
DOUBLE BENEFIT.—The first sentence of para- gross receipts for the same calendar quarter in as a single employer under subsection (a) or (b)
graph (1) of section 221(e) of the Internal Rev- the prior year, and of section 52 of the Internal Revenue Code of
enue Code of 1986 is amended by inserting before (ii) ending with the calendar quarter fol- 1986, or subsection (m) or (o) of section 414 of
the period the following: ‘‘, or for which an ex- lowing the first calendar quarter beginning after such Code, shall be treated as one employer for
dlhill on DSKBBY8HB2PROD with HOUSE
clusion is allowable under section 127 to the tax- a calendar quarter described in clause (i) for purposes of this section.
payer by reason of the payment by the tax- which gross receipts of such employer are great- (e) CERTAIN RULES TO APPLY.—For purposes
payer’s employer of any indebtedness on a er than 80 percent of gross receipts for the same of this section, rules similar to the rules of sec-
qualified education loan of the taxpayer’’. calendar quarter in the prior year. tions 51(i)(1) and 280C(a) of the Internal Rev-
(c) EFFECTIVE DATE.—The amendments made (C) TAX-EXEMPT ORGANIZATIONS.—In the case enue Code of 1986 shall apply.
by this section shall apply to payments made of an organization which is described in section (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
after the date of the enactment of this Act. 501(c) of the Internal Revenue Code of 1986 and This credit shall not apply to the Government of
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H1750 CONGRESSIONAL RECORD — HOUSE March 27, 2020
the United States, the government of any State (m) APPLICATION.—This section shall only (2) PAYROLL TAX DEFERRAL PERIOD.—The term
or political subdivision thereof, or any agency apply to wages paid after March 12, 2020, and ‘‘payroll tax deferral period’’ means the period
or instrumentality of any of the foregoing. before January 1, 2021. beginning on the date of the enactment of this
(g) ELECTION NOT TO HAVE SECTION APPLY.— SEC. 2302. DELAY OF PAYMENT OF EMPLOYER Act and ending before January 1, 2021.
This section shall not apply with respect to any PAYROLL TAXES. (3) APPLICABLE DATE.—The term ‘‘applicable
eligible employer for any calendar quarter if (a) IN GENERAL.— date’’ means—
such employer elects (at such time and in such (1) TAXES.—Notwithstanding any other provi- (A) December 31, 2021, with respect to 50 per-
manner as the Secretary may prescribe) not to sion of law, the payment for applicable employ- cent of the amounts to which subsection (a) or
have this section apply. ment taxes for the payroll tax deferral period (b), as the case may be, apply, and
(h) SPECIAL RULES.— shall not be due before the applicable date. (B) December 31, 2022, with respect to the re-
(1) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE (2) DEPOSITS.—Notwithstanding section 6302 maining such amounts.
THAN ONCE.—An employee shall not be included of the Internal Revenue Code of 1986, an em- (4) SECRETARY.—The term ‘‘Secretary’’ means
for purposes of this section for any period with ployer shall be treated as having timely made all the Secretary of the Treasury (or the Secretary’s
respect to any employer if such employer is al- deposits of applicable employment taxes that are delegate).
lowed a credit under section 51 of the Internal required to be made (without regard to this sec- (e) TRUST FUNDS HELD HARMLESS.—There are
Revenue Code of 1986 with respect to such em- tion) for such taxes during the payroll tax defer- hereby appropriated (out of any money in the
ployee for such period. ral period if all such deposits are made not later Treasury not otherwise appropriated) for each
(2) DENIAL OF DOUBLE BENEFIT.—Any wages than the applicable date. fiscal year to the Federal Old-Age and Survivors
taken into account in determining the credit al- (3) EXCEPTION.—This subsection shall not Insurance Trust Fund and the Federal Dis-
lowed under this section shall not be taken into apply to any taxpayer if such taxpayer has had ability Insurance Trust Fund established under
account for purposes of determining the credit indebtedness forgiven under section 1106 of this section 201 of the Social Security Act (42 U.S.C.
allowed under section 45S of such Code. Act with respect to a loan under paragraph (36) 401) and the Social Security Equivalent Benefit
(3) THIRD PARTY PAYORS.—Any credit allowed of section 7(a) of the Small Business Act (15 Account established under section 15A(a) of the
under this section shall be treated as a credit U.S.C. 636(a)), as added by section 1102 of this Railroad Retirement Act of 1974 (45 U.S.C. 231n–
described in section 3511(d)(2) of such Code. Act, or indebtedness forgiven under section 1109 1(a)) an amount equal to the reduction in the
(i) TRANSFERS TO FEDERAL OLD-AGE AND SUR- of this Act.
transfers to such fund for such fiscal year by
VIVORS INSURANCE TRUST FUND.—There are
(b) SECA.—
(1) IN GENERAL.—Notwithstanding any other reason of this section. Amounts appropriated by
hereby appropriated to the Federal Old-Age and the preceding sentence shall be transferred from
provision of law, the payment for 50 percent of
Survivors Insurance Trust Fund and the Fed- the general fund at such times and in such man-
the taxes imposed under section 1401(a) of the
eral Disability Insurance Trust Fund estab- ner as to replicate to the extent possible the
Internal Revenue Code of 1986 for the payroll
lished under section 201 of the Social Security transfers which would have occurred to such
tax deferral period shall not be due before the
Act (42 U.S.C. 401) and the Social Security Trust Fund had such amendments not been en-
applicable date.
Equivalent Benefit Account established under (2) ESTIMATED TAXES.—For purposes of apply- acted.
section 15A(a) of the Railroad Retirement Act of ing section 6654 of the Internal Revenue Code of (f) REGULATORY AUTHORITY.—The Secretary
1974 (45 U.S.C. 14 231n–1(a)) amounts equal to 1986 to any taxable year which includes any shall issue such regulations or other guidance
the reduction in revenues to the Treasury by part of the payroll tax deferral period, 50 per- as necessary to carry out the purposes of this
reason of this section (without regard to this cent of the taxes imposed under section 1401(a) section, including rules for the administration
subsection). Amounts appropriated by the pre- of such Code for the payroll tax deferral period and enforcement of subsection (c).
ceding sentence shall be transferred from the shall not be treated as taxes to which such sec- SEC. 2303. MODIFICATIONS FOR NET OPERATING
general fund at such times and in such manner tion 6654 applies. LOSSES.
as to replicate to the extent possible the trans- (c) LIABILITY OF THIRD PARTIES.— (a) TEMPORARY REPEAL OF TAXABLE INCOME
fers which would have occurred to such Trust (1) ACTS TO BE PERFORMED BY AGENTS.—For LIMITATION.—
Fund or Account had this section not been en- purposes of section 3504 of the Internal Revenue (1) IN GENERAL.—The first sentence of section
acted. Code of 1986, in the case of any person des- 172(a) of the Internal Revenue Code of 1986 is
(j) RULE FOR EMPLOYERS TAKING SMALL BUSI- ignated pursuant to such section (and any regu- amended by striking ‘‘an amount equal to’’ and
NESS INTERRUPTION LOAN.—If an eligible em- lations or other guidance issued by the Sec- all that follows and inserting ‘‘an amount equal
ployer receives a covered loan under paragraph retary with respect to such section) to perform to—
(36) of section 7(a) of the Small Business Act (15 acts otherwise required to be performed by an ‘‘(1) in the case of a taxable year beginning
U.S.C. 636(a)), as added by section 1102 of this employer under such Code, if such employer di- before January 1, 2021, the aggregate of the net
Act, such employer shall not be eligible for the rects such person to defer payment of any appli- operating loss carryovers to such year, plus the
credit under this section. cable employment taxes during the payroll tax net operating loss carrybacks to such year, and
(k) TREATMENT OF DEPOSITS.—The Secretary deferral period under this section, such em- ‘‘(2) in the case of a taxable year beginning
shall waive any penalty under section 6656 of ployer shall be solely liable for the payment of after December 31, 2020, the sum of—
the Internal Revenue Code of 1986 for any fail- such applicable employment taxes before the ap- ‘‘(A) the aggregate amount of net operating
ure to make a deposit of any applicable employ- plicable date for any wages paid by such person losses arising in taxable years beginning before
ment taxes if the Secretary determines that such on behalf of such employer during such period. January 1, 2018, carried to such taxable year,
failure was due to the reasonable anticipation (2) CERTIFIED PROFESSIONAL EMPLOYER ORGA- plus
of the credit allowed under this section. NIZATIONS.—For purposes of section 3511, in the ‘‘(B) the lesser of—
(l) REGULATIONS AND GUIDANCE.—The Sec- case of a certified professional employer organi- ‘‘(i) the aggregate amount of net operating
retary shall issue such forms, instructions, regu- zation (as defined in subsection (a) of section losses arising in taxable years beginning after
lations, and guidance as are necessary— 7705 of the Internal Revenue Code of 1986) that December 31, 2017, carried to such taxable year,
(1) to allow the advance payment of the credit has entered into a service contract described in or
under subsection (a), subject to the limitations subsection (e)(2) of such section with a cus- ‘‘(ii) 80 percent of the excess (if any) of—
provided in this section, based on such informa- tomer, if such customer directs such organiza- ‘‘(I) taxable income computed without regard
tion as the Secretary shall require, tion to defer payment of any applicable employ- to the deductions under this section and sec-
(2) to provide for the reconciliation of such ment taxes during the payroll tax deferral pe- tions 199A and 250, over
advance payment with the amount advanced at riod under this section, such customer shall, ‘‘(II) the amount determined under subpara-
the time of filing the return of tax for the appli- notwithstanding subsections (a) and (c) of sec- graph (A).’’.
cable calendar quarter or taxable year, tion 3511, be solely liable for the payment of (2) CONFORMING AMENDMENTS.—
(3) to provide for the recapture of the credit such applicable employment taxes before the ap- (A) Section 172(b)(2)(C) of such Code is
under this section if such credit is allowed to a plicable date for any wages paid by such orga- amended to read as follows:
taxpayer which receives a loan described in sub- nization to any work site employee performing ‘‘(C) for taxable years beginning after Decem-
section (j) during a subsequent quarter, services for such customer during such period. ber 31, 2020, be reduced by 20 percent of the ex-
(4) with respect to the application of the credit (d) DEFINITIONS.—For purposes of this sec- cess (if any) described in subsection (a)(2)(B)(ii)
under subsection (a) to third party payors (in- tion— for such taxable year.’’.
cluding professional employer organizations, (1) APPLICABLE EMPLOYMENT TAXES.—The (B) Section 172(d)(6)(C) of such Code is
certified professional employer organizations, or term ‘‘applicable employment taxes’’ means the amended by striking ‘‘subsection (a)(2)’’ and in-
agents under section 3504 of the Internal Rev- following: serting ‘‘subsection (a)(2)(B)(ii)(I)’’.
enue Code of 1986), including regulations or (A) The taxes imposed under section 3111(a) of (C) Section 860E(a)(3)(B) of such Code is
guidance allowing such payors to submit docu- the Internal Revenue Code of 1986. amended by striking all that follows ‘‘for pur-
mentation necessary to substantiate the eligible (B) So much of the taxes imposed under sec- poses of’’ and inserting ‘‘subsection
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employer status of employers that use such tion 3211(a) of such Code as are attributable to (a)(2)(B)(ii)(I) and the second sentence of sub-
payors, and the rate in effect under section 3111(a) of such section (b)(2) of section 172.’’.
(5) for application of subparagraphs (A)(ii)(II) Code. (b) MODIFICATIONS OF RULES RELATING TO
and (B) of subsection (c)(2) in the case of any (C) So much of the taxes imposed under sec- CARRYBACKS.—
employer which was not carrying on a trade or tion 3221(a) of such Code as are attributable to (1) IN GENERAL.—Section 172(b)(1) of the In-
business for all or part of the same calendar the rate in effect under section 3111(a) of such ternal Revenue Code of 1986 is amended by add-
quarter in the prior year. Code. ing at the end the following new subparagraph:
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1751
‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN 2018, ‘‘(A) GENERAL RULE.—A net operating loss for (B) by adding at the end the following flush
2019, AND 2020.— any taxable year— sentence:
‘‘(i) IN GENERAL.—In the case of any net oper- ‘‘(i) shall be a net operating loss carryback to ‘‘Such excess shall be determined without regard
ating loss arising in a taxable year beginning the extent provided in subparagraphs (B) and to any deductions, gross income, or gains attrib-
after December 31, 2017, and before January 1, (C)(i), and utable to any trade or business of performing
2021— ‘‘(ii) except as provided in subparagraph services as an employee.’’.
‘‘(I) such loss shall be a net operating loss (C)(ii), shall be a net operating loss carryover— (3) Section 461(l)(3) of such Code is amended
carryback to each of the 5 taxable years pre- ‘‘(I) in the case of a net operating loss arising by redesignating subparagraph (B) as subpara-
ceding the taxable year of such loss, and in a taxable year beginning before January 1, graph (C) and by inserting after subparagraph
‘‘(II) subparagraphs (B) and (C)(i) shall not 2018, to each of the 20 taxable years following (A) the following new subparagraph:
apply. the taxable year of the loss, and ‘‘(B) TREATMENT OF CAPITAL GAINS AND
‘‘(ii) SPECIAL RULES FOR REITS.—For purposes ‘‘(II) in the case of a net operating loss arising LOSSES.—
of this subparagraph— in a taxable year beginning after December 31, ‘‘(i) LOSSES.—Deductions for losses from sales
‘‘(I) IN GENERAL.—A net operating loss for a 2017, to each taxable year following the taxable or exchanges of capital assets shall not be taken
REIT year shall not be a net operating loss year of the loss.’’. into account under subparagraph (A)(i).
carryback to any taxable year preceding the (d) EFFECTIVE DATES.— ‘‘(ii) GAINS.—The amount of gains from sales
taxable year of such loss. (1) NET OPERATING LOSS LIMITATION.—The or exchanges of capital assets taken into ac-
‘‘(II) SPECIAL RULE.—In the case of any net amendments made by subsection (a) shall count under subparagraph (A)(ii) shall not ex-
operating loss for a taxable year which is not a apply— ceed the lesser of—
REIT year, such loss shall not be carried to any (A) to taxable years beginning after December ‘‘(I) the capital gain net income determined by
preceding taxable year which is a REIT year. 31, 2017, and taking into account only gains and losses attrib-
‘‘(III) REIT YEAR.—For purposes of this sub- (B) to taxable years beginning on or before utable to a trade or business, or
paragraph, the term ‘REIT year’ means any December 31, 2017, to which net operating losses ‘‘(II) the capital gain net income.’’.
taxable year for which the provisions of part II arising in taxable years beginning after Decem- (c) EFFECTIVE DATES.—
of subchapter M (relating to real estate invest- ber 31, 2017, are carried. (1) IN GENERAL.—The amendments made by
ment trusts) apply to the taxpayer. (2) CARRYOVERS AND CARRYBACKS.—The subsection (a) shall apply to taxable years be-
‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE COM- amendment made by subsection (b) shall apply ginning after December 31, 2017.
PANIES.— In the case of a life insurance com- to— (2) TECHNICAL AMENDMENTS.—The amend-
pany, if a net operating loss is carried pursuant (A) net operating losses arising in taxable ments made by subsection (b) shall take effect as
to clause (i)(I) to a life insurance company tax- years beginning after December 31, 2017, and if included in the provisions of Public Law 115–
able year beginning before January 1, 2018, such (B) taxable years beginning before, on, or
97 to which they relate.
net operating loss carryback shall be treated in after such date to which such net operating
SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR
the same manner as an operations loss losses are carried. YEAR MINIMUM TAX LIABILITY OF
carryback (within the meaning of section 810 as (3) TECHNICAL AMENDMENTS.—The amend- CORPORATIONS.
in effect before its repeal) of such company to ments made by subsection (c) shall take effect as
(a) IN GENERAL.—Section 53(e) of the Internal
such taxable year. if included in the provisions of Public Law 115–
Revenue Code of 1986 is amended—
‘‘(iv) RULE RELATING TO CARRYBACKS TO 97 to which they relate. (1) by striking ‘‘2018, 2019, 2020, or 2021’’ in
YEARS TO WHICH SECTION 965 APPLIES.—If a net (4) SPECIAL RULE.—In the case of a net oper-
paragraph (1) and inserting ‘‘2018 or 2019’’, and
operating loss of a taxpayer is carried pursuant ating loss arising in a taxable year beginning
(2) by striking ‘‘2021’’ in paragraph (2) and
to clause (i)(I) to any taxable year in which an before January 1, 2018, and ending after Decem-
inserting ‘‘2019’’.
amount is includible in gross income by reason ber 31, 2017—
(b) ELECTION TO TAKE ENTIRE REFUNDABLE
of section 965(a), the taxpayer shall be treated (A) an application under section 6411(a) of the
CREDIT AMOUNT IN 2018.—
as having made the election under section 965(n) Internal Revenue Code of 1986 with respect to
(1) IN GENERAL.—Section 53(e) of such Code is
with respect to each such taxable year. the carryback of such net operating loss shall
amended by adding at the end the following
‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER not fail to be treated as timely filed if filed not
new paragraph:
PARAGRAPH (3).— later than the date which is 120 days after the
‘‘(5) SPECIAL RULE.—In the case of a corpora-
‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION date of the enactment of this Act, and
tion making an election under this paragraph—
965 YEARS.— If the 5-year carryback period (B) an election to—
‘‘(A) paragraph (1) shall not apply, and
under clause (i)(I) with respect to any net oper- (i) forgo any carryback of such net operating
‘‘(B) subsection (c) shall not apply to the first
ating loss of a taxpayer includes 1 or more tax- loss,
(ii) reduce any period to which such net oper- taxable year of such corporation beginning in
able years in which an amount is includible in
ating loss may be carried back, or 2018.’’.
gross income by reason of section 965(a), the
(iii) revoke any election made under section (c) EFFECTIVE DATE.—The amendments made
taxpayer may, in lieu of the election otherwise
172(b) to forgo any carryback of such net oper- by this section shall apply to taxable years be-
available under paragraph (3), elect under such
ating loss, ginning after December 31, 2017.
paragraph to exclude all such taxable years (d) SPECIAL RULE.—
from such carryback period. shall not fail to be treated as timely made if
made not later than the date which is 120 days (1) IN GENERAL.—For purposes of the Internal
‘‘(II) TIME OF ELECTIONS.—An election under
after the date of the enactment of this Act. Revenue Code of 1986, a credit or refund for
paragraph (3) (including an election described
SEC. 2304. MODIFICATION OF LIMITATION ON
which an application described in paragraph
in subclause (I)) with respect to a net operating
LOSSES FOR TAXPAYERS OTHER (2)(A) is filed shall be treated as made under
loss arising in a taxable year beginning in 2018
THAN CORPORATIONS. section 6411 of such Code.
or 2019 shall be made by the due date (including
(a) IN GENERAL.—Section 461(l)(1) of the In- (2) TENTATIVE REFUND.—
extensions of time) for filing the taxpayer’s re-
ternal Revenue Code of 1986 is amended to read (A) APPLICATION.—A taxpayer may file an ap-
turn for the first taxable year ending after the
as follows: plication for a tentative refund of any amount
date of the enactment of this subparagraph.’’.
‘‘(1) LIMITATION.—In the case of a taxpayer for which a refund is due by reason of an elec-
(2) CONFORMING AMENDMENT.—Section
other than a corporation— tion under section 53(e)(5) of the Internal Rev-
172(b)(1)(A) of such Code, as amended by sub-
‘‘(A) for any taxable year beginning after De- enue Code of 1986. Such application shall be in
section (c)(2), is amended by striking ‘‘and
cember 31, 2017, and before January 1, 2026, sub- such manner and form as the Secretary of the
(C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’.
(c) TECHNICAL AMENDMENT RELATING TO SEC- section (j) (relating to limitation on excess farm Treasury (or the Secretary’s delegate) may pre-
TION 13302 OF PUBLIC LAW 115–97.— losses of certain taxpayers) shall not apply, and scribe and shall—
(1) Section 13302(e) of Public Law 115–97 is ‘‘(B) for any taxable year beginning after De- (i) be verified in the same manner as an appli-
amended to read as follows: cember 31, 2020, and before January 1, 2026, any cation under section 6411(a) of such Code,
‘‘(e) EFFECTIVE DATES.— excess business loss of the taxpayer for the tax- (ii) be filed prior to December 31, 2020, and
‘‘(1) NET OPERATING LOSS LIMITATION.—The able year shall not be allowed.’’. (iii) set forth—
amendments made by subsections (a) and (d)(2) (b) TECHNICAL AMENDMENTS RELATING TO (I) the amount of the refundable credit
shall apply to— SECTION 11012 OF PUBLIC LAW 115–97.— claimed under section 53(e) of such Code for
‘‘(A) taxable years beginning after December (1) Section 461(l)(2) of the Internal Revenue such taxable year,
31, 2017, and Code of 1986 is amended by striking ‘‘a net oper- (II) the amount of the refundable credit
‘‘(B) taxable years beginning on or before ating loss carryover to the following taxable claimed under such section for any previously
such date to which net operating losses arising year under section 172’’ and inserting ‘‘a net op- filed return for such taxable year, and
in taxable years beginning after such date are erating loss for the taxable year for purposes of (III) the amount of the refund claimed.
carried. determining any net operating loss carryover (B) ALLOWANCE OF ADJUSTMENTS.—Within a
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‘‘(2) CARRYOVERS AND CARRYBACKS.—The under section 172(b) for subsequent taxable period of 90 days from the date on which an ap-
amendments made by subsections (b), (c), and years’’. plication is filed under subparagraph (A), the
(d)(1) shall apply to net operating losses arising (2) Section 461(l)(3)(A) of such Code is amend- Secretary of the Treasury (or the Secretary’s
in taxable years beginning after December 31, ed— delegate) shall—
2017.’’. (A) in clause (i), by inserting ‘‘and without (i) review the application,
(2) Section 172(b)(1)(A) of the Internal Rev- regard to any deduction allowable under section (ii) determine the amount of the overpayment,
enue Code of 1986 is amended to read as follows: 172 or 199A’’ after ‘‘under paragraph (1)’’, and and
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H1752 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(iii) apply, credit, or refund such overpay- ‘‘(vii) any qualified improvement property.’’, (C) any existing supply chain information
ment, and gaps, as applicable; and
in a manner similar to the manner provided in (B) in paragraph (6)(A), by inserting ‘‘made (D) potential economic impact of increased do-
section 6411(b) of the Internal Revenue Code of by the taxpayer’’ after ‘‘any improvement’’, and mestic manufacturing; and
1986. (2) in the table contained in subsection (2) provide recommendations, which may in-
(C) CONSOLIDATED RETURNS.—The provisions (g)(3)(B)— clude a plan to improve the resiliency of the
of section 6411(c) of the Internal Revenue Code (A) by striking the item relating to subpara- supply chain for critical drugs and devices as
of 1986 Code shall apply to an adjustment under graph (D)(v), and described in paragraph (1), and to address any
this paragraph to the same extent and manner (B) by inserting after the item relating to sub- supply vulnerabilities or potential disruptions of
as the Secretary of the Treasury (or the Sec- paragraph (E)(vi) the following new item: such products that would significantly affect or
retary’s delegate) may provide. ‘‘(E)(vii) ..................................... 20’’. pose a threat to public health security or na-
SEC. 2306. MODIFICATIONS OF LIMITATION ON (b) EFFECTIVE DATE.—The amendments made tional security, as appropriate, which may in-
BUSINESS INTEREST. by this section shall take effect as if included in clude strategies to—
(a) IN GENERAL.—Section 163(j) of the Internal section 13204 of Public Law 115–97. (A) promote supply chain redundancy and
Revenue Code of 1986 is amended by redesig- SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE contingency planning;
nating paragraph (10) as paragraph (11) and by TAX FOR ALCOHOL USED TO (B) encourage domestic manufacturing, in-
inserting after paragraph (9) the following new PRODUCE HAND SANITIZER. cluding consideration of economic impacts, if
paragraph: (a) IN GENERAL.—Section 5214(a) of the Inter- any;
‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- nal Revenue Code of 1986 is amended— (C) improve supply chain information gaps;
GINNING IN 2019 AND 2020.— (1) in paragraph (13), by striking the period at (D) improve planning considerations for med-
‘‘(A) IN GENERAL.— the end and inserting ‘‘; or’’, and ical product supply chain capacity during pub-
‘‘(i) IN GENERAL.—Except as provided in (2) by adding at the end the following new lic health emergencies; and
clause (ii) or (iii), in the case of any taxable paragraph: (E) promote the accessibility of such drugs
year beginning in 2019 or 2020, paragraph (1)(B) ‘‘(14) with respect to distilled spirits removed and devices.
shall be applied by substituting ‘50 percent’ for after December 31, 2019, and before January 1, (c) INPUT.—In conducting the study and de-
‘30 percent’. 2021, free of tax for use in or contained in hand veloping the report under subsection (b), the Na-
‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In the sanitizer produced and distributed in a manner tional Academies shall—
case of a partnership— consistent with any guidance issued by the (1) consider input from the Department of
‘‘(I) clause (i) shall not apply to any taxable Food and Drug Administration that is related to Health and Human Services, the Department of
year beginning in 2019, but the outbreak of virus SARS–CoV–2 or Homeland Security, the Department of Defense,
‘‘(II) unless a partner elects not to have this coronavirus disease 2019 (COVID–19).’’. the Department of Commerce, the Department of
subclause apply, in the case of any excess busi- (b) EFFECTIVE DATE.—The amendments made State, the Department of Veterans Affairs, the
ness interest of the partnership for any taxable by this section shall apply to distilled spirits re- Department of Justice, and any other Federal
year beginning in 2019 which is allocated to the moved after December 31, 2019. agencies as appropriate; and
partner under paragraph (4)(B)(i)(II)— (2) consult with relevant stakeholders, which
(c) APPLICATION OF OTHER LAWS.—Any dis-
‘‘(aa) 50 percent of such excess business inter- may include conducting public meetings and
tilled spirits or product described in paragraph
est shall be treated as business interest which, other forms of engagement, as appropriate, with
(14) of section 5214(a) of the Internal Revenue
notwithstanding paragraph (4)(B)(ii), is paid or health care providers, medical professional soci-
Code of 1986 (as added by this section) shall not
accrued by the partner in the partner’s first tax- eties, State-based societies, public health ex-
be subject to any requirements related to label-
able year beginning in 2020 and which is not perts, State and local public health depart-
ing or bulk sales under—
subject to the limits of paragraph (1), and ments, State medical boards, patient groups,
(1) section 105 or 106 of the Federal Alcohol
‘‘(bb) 50 percent of such excess business inter- medical product manufacturers, health care dis-
Administration Act (27 U.S.C. 205, 206); or
est shall be subject to the limitations of para- (2) section 204 of the Alcoholic Beverage La- tributors, wholesalers and group purchasing or-
graph (4)(B)(ii) in the same manner as any beling Act of 1988 (27 U.S.C. 215). ganizations, pharmacists, and other entities
other excess business interest so allocated. with experience in health care and public
TITLE III—SUPPORTING AMERICA’S health, as appropriate.
‘‘(iii) ELECTION OUT.—A taxpayer may elect,
HEALTH CARE SYSTEM IN THE FIGHT (d) DEFINITIONS.—In this section, the terms
at such time and in such manner as the Sec-
AGAINST THE CORONAVIRUS ‘‘device’’ and ‘‘drug’’ have the meanings given
retary may prescribe, not to have clause (i)
apply to any taxable year. Such an election, Subtitle A—Health Provisions such terms in section 201 of the Federal Food,
once made, may be revoked only with the con- SEC. 3001. SHORT TITLE. Drug, and Cosmetic Act (21 U.S.C. 321).
sent of the Secretary. In the case of a partner- This subtitle may be cited as the ‘‘Coronavirus SEC. 3102. REQUIRING THE STRATEGIC NATIONAL
ship, any such election shall be made by the STOCKPILE TO INCLUDE CERTAIN
Aid, Relief, and Economic Security Act’’.
TYPES OF MEDICAL SUPPLIES.
partnership and may be made only for taxable PART I—ADDRESSING SUPPLY
years beginning in 2020. Section 319F–2(a)(1) of the Public Health Serv-
SHORTAGES ice Act (42 U.S.C. 247d–6b(a)(1)) is amended by
‘‘(B) ELECTION TO USE 2019 ADJUSTED TAXABLE
INCOME FOR TAXABLE YEARS BEGINNING IN 2020.—
Subpart A—Medical Product Supplies inserting ‘‘(including personal protective equip-
‘‘(i) IN GENERAL.—Subject to clause (ii), in the SEC. 3101. NATIONAL ACADEMIES REPORT ON ment, ancillary medical supplies, and other ap-
case of any taxable year beginning in 2020, the AMERICA’S MEDICAL PRODUCT SUP- plicable supplies required for the administration
taxpayer may elect to apply this subsection by PLY CHAIN SECURITY. of drugs, vaccines and other biological products,
substituting the adjusted taxable income of the (a) IN GENERAL.—Not later than 60 days after medical devices, and diagnostic tests in the
taxpayer for the last taxable year beginning in the date of enactment of this Act, the Secretary stockpile)’’ after ‘‘other supplies’’.
2019 for the adjusted taxable income for such of Health and Human Services shall enter into SEC. 3103. TREATMENT OF RESPIRATORY PRO-
taxable year. In the case of a partnership, any an agreement with the National Academies of TECTIVE DEVICES AS COVERED
Sciences, Engineering, and Medicine (referred to COUNTERMEASURES.
such election shall be made by the partnership.
‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE in this section as the ‘‘National Academies’’) to Section 319F–3(i)(1)(D) of the Public Health
YEARS.—If an election is made under clause (i) examine, and, in a manner that does not com- Service Act (42 U.S.C. 247d–6d(i)(1)(D)) is
for a taxable year which is a short taxable year, promise national security, report on, the secu- amended to read as follows:
the adjusted taxable income for the taxpayer’s rity of the United States medical product supply ‘‘(D) a respiratory protective device that is ap-
last taxable year beginning in 2019 which is sub- chain. proved by the National Institute for Occupa-
stituted under clause (i) shall be equal to the (b) PURPOSES.—The report developed under tional Safety and Health under part 84 of title
amount which bears the same ratio to such ad- this section shall— 42, Code of Federal Regulations (or any suc-
justed taxable income determined without re- (1) assess and evaluate the dependence of the cessor regulations), and that the Secretary de-
gard to this clause as the number of months in United States, including the private commercial termines to be a priority for use during a public
the short taxable year bears to 12’’. sector, States, and the Federal Government, on health emergency declared under section 319.’’.
(b) EFFECTIVE DATE.—The amendments made critical drugs and devices that are sourced or Subpart B—Mitigating Emergency Drug
by this section shall apply to taxable years be- manufactured outside of the United States, Shortages
ginning after December 31, 2018. which may include an analysis of— SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLI-
SEC. 2307. TECHNICAL AMENDMENTS REGARDING (A) the supply chain of critical drugs and de- CATIONS; INCENTIVES.
QUALIFIED IMPROVEMENT PROP- vices of greatest priority to providing health Section 506C(g) of the Federal Food, Drug,
ERTY. care; and Cosmetic Act (21 U.S.C. 356c(g)) is amend-
(a) IN GENERAL.—Section 168 of the Internal (B) any potential public health security or na- ed—
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Revenue Code of 1986 is amended— tional security risks associated with reliance on (1) in paragraph (1), by striking ‘‘the Sec-
(1) in subsection (e)— critical drugs and devices sourced or manufac- retary may’’ and inserting ‘‘the Secretary shall,
(A) in paragraph (3)(E), by striking ‘‘and’’ at tured outside of the United States, which may as appropriate’’;
the end of clause (v), by striking the period at include responses to previous or existing short- (2) in paragraph (1), by inserting ‘‘prioritize
the end of clause (vi) and inserting ‘‘, and’’, ages or public health emergencies, such as infec- and’’ before ‘‘expedite the review’’; and
and by adding at the end the following new tious disease outbreaks, bioterror attacks, and (3) in paragraph (2), by inserting ‘‘prioritize
clause: other public health threats; and’’ before ‘‘expedite an inspection’’.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1753
SEC. 3112. ADDITIONAL MANUFACTURER REPORT- (1) by redesignating paragraphs (3) and (4) as ing physician, health provider, patient organi-
ING REQUIREMENTS IN RESPONSE paragraphs (4) and (5), respectively; and zations, and supply chain partners, as appro-
TO DRUG SHORTAGES. (2) by inserting after paragraph (2) the fol- priate and applicable, as described in subsection
(a) EXPANSION TO INCLUDE ACTIVE PHARMA- lowing: (g).
CEUTICAL INGREDIENTS.—Subsection (a) of sec- ‘‘(3)(A) Each person who registers with the ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec-
tion 506C of the Federal Food, Drug, and Cos- Secretary under this section with regard to a retary may choose not to make information col-
metic Act (21 U.S.C. 356c) is amended— drug shall report annually to the Secretary on lected under this section publicly available pur-
(1) in paragraph (1)(C), by inserting ‘‘or any the amount of each drug listed under paragraph suant to this section if the Secretary determines
such drug that is critical to the public health (1) that was manufactured, prepared, propa- that disclosure of such information would ad-
during a public health emergency declared by gated, compounded, or processed by such person versely affect the public health, such as by in-
the Secretary under section 319 of the Public for commercial distribution. Such information creasing the possibility of unnecessary over pur-
Health Service Act’’ after ‘‘during surgery’’; may be required to be submitted in an electronic chase of product, component parts, or other dis-
and format as determined by the Secretary. The Sec- ruption of the availability of medical products
(2) in the flush text at the end—
(A) by inserting ‘‘, or a permanent discontinu- retary may require that information required to to patients.
be reported under this paragraph be submitted ‘‘(d) CONFIDENTIALITY.—Nothing in this sec-
ance in the manufacture of an active pharma-
at the time a public health emergency is de- tion shall be construed as authorizing the Sec-
ceutical ingredient or an interruption in the
clared by the Secretary under section 319 of the retary to disclose any information that is a
manufacture of the active pharmaceutical ingre-
Public Health Service Act. trade secret or confidential information subject
dient of such drug that is likely to lead to a
‘‘(B) By order of the Secretary, certain bio- to section 552(b)(4) of title 5, United States Code,
meaningful disruption in the supply of the ac-
logical products or categories of biological prod- or section 1905 of title 18, United States Code.
tive pharmaceutical ingredient of such drug,’’ ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a
before ‘‘and the reasons’’; and ucts regulated under section 351 of the Public
Health Service Act may be exempt from some or person fails to submit information required
(B) by adding at the end the following: ‘‘Noti-
all of the reporting requirements under subpara- under subsection (a) in accordance with sub-
fication under this subsection shall include dis-
graph (A), if the Secretary determines that ap- section (b)—
closure of reasons for the discontinuation or
plying such reporting requirements to such bio- ‘‘(1) the Secretary shall issue a letter to such
interruption, and if applicable, an active phar-
logical products or categories of biological prod- person informing such person of such failure;
maceutical ingredient is a reason for, or risk ‘‘(2) not later than 30 calendar days after the
factor in, such discontinuation or interruption, ucts is not necessary to protect the public
health.’’. issuance of a letter under paragraph (1), the
the source of the active pharmaceutical ingre- person who receives such letter shall submit to
dient and any alternative sources for the active (f) CONFIDENTIALITY.—Nothing in the amend-
ments made by this section shall be construed as the Secretary a written response to such letter
pharmaceutical ingredient known by the manu- setting forth the basis for noncompliance and
facturer; whether any associated device used for authorizing the Secretary to disclose any infor-
mation that is a trade secret or confidential in- providing information required under subsection
preparation or administration included in the (a); and
drug is a reason for, or a risk factor in, such formation subject to section 552(b)(4) of title 5,
United States Code, or section 1905 of title 18, ‘‘(3) not later than 45 calendar days after the
discontinuation or interruption; the expected issuance of a letter under paragraph (1), the
duration of the interruption; and such other in- United States Code.
(g) EFFECTIVE DATE.—The amendments made Secretary shall make such letter and any re-
formation as the Secretary may require.’’. sponse to such letter under paragraph (2) avail-
(b) RISK MANAGEMENT.—Section 506C of the by this section and section 3111 shall take effect
on the date that is 180 days after the date of en- able to the public on the internet website of the
Federal Food, Drug, and Cosmetic Act (21 Food and Drug Administration, with appro-
U.S.C. 356c) is amended by adding at the end actment of this Act.
priate redactions made to protect information
the following: Subpart C—Preventing Medical Device described in subsection (d), except that, if the
‘‘(j) RISK MANAGEMENT PLANS.—Each manu- Shortages Secretary determines that the letter under para-
facturer of a drug described in subsection (a) or SEC. 3121. DISCONTINUANCE OR INTERRUPTION graph (1) was issued in error or, after review of
of any active pharmaceutical ingredient or any IN THE PRODUCTION OF MEDICAL such response, the person had a reasonable
associated medical device used for preparation DEVICES.
basis for not notifying as required under sub-
or administration included in the drug, shall de- Chapter V of the Federal Food, Drug, and section (a), the requirements of this paragraph
velop, maintain, and implement, as appropriate, Cosmetic Act (21 U.S.C. 351 et seq.) is amended shall not apply.
a redundancy risk management plan that iden- by inserting after section 506I the following: ‘‘(f) EXPEDITED INSPECTIONS AND REVIEWS.—
tifies and evaluates risks to the supply of the ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION If, based on notifications described in subsection
drug, as applicable, for each establishment in IN THE PRODUCTION OF MEDICAL (a) or any other relevant information, the Sec-
which such drug or active pharmaceutical ingre- DEVICES. retary concludes that there is, or is likely to be,
dient of such drug is manufactured. A risk man- ‘‘(a) IN GENERAL.—A manufacturer of a device a shortage of an device, the Secretary shall, as
agement plan under this section shall be subject that— appropriate—
to inspection and copying by the Secretary pur- ‘‘(1) is critical to public health during a public ‘‘(1) prioritize and expedite the review of a
suant to an inspection or a request under sec- health emergency, including devices that are submission under section 513(f)(2), 515, review of
tion 704(a)(4).’’. life-supporting, life-sustaining, or intended for a notification under section 510(k), or 520(m) for
(c) ANNUAL NOTIFICATION.—Section 506E of use in emergency medical care or during sur- a device that could help mitigate or prevent
the Federal Food, Drug, and Cosmetic Act (21 gery; or such shortage; or
U.S.C. 356e) is amended by adding at the end ‘‘(2) for which the Secretary determines that ‘‘(2) prioritize and expedite an inspection or
the following: information on potential meaningful supply dis- reinspection of an establishment that could help
‘‘(d) INTERAGENCY NOTIFICATION.—Not later ruptions of such device is needed during, or in mitigate or prevent such shortage.
than 180 days after the date of enactment of this advance of, a public health emergency; ‘‘(g) DEVICE SHORTAGE LIST.—
subsection, and every 90 days thereafter, the shall, during, or in advance of, a public health ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
Secretary shall transmit a report regarding the emergency declared by the Secretary under sec- tablish and maintain an up-to-date list of de-
drugs of the current drug shortage list under tion 319 of the Public Health Service Act, notify vices that are determined by the Secretary to be
this section to the Administrator of the Centers the Secretary, in accordance with subsection in shortage in the United States.
for Medicare & Medicaid Services.’’. (b), of a permanent discontinuance in the man- ‘‘(2) CONTENTS.—For each device included on
(d) REPORTING AFTER INSPECTIONS.—Section the list under paragraph (1), the Secretary shall
ufacture of the device (except for
704(b) of the Federal Food, Drug, and Cosmetic include the following information:
discontinuances as a result of an approved
Act (21 U.S.C. 374(b)) is amended— ‘‘(A) The category or name of the device in
(1) by redesignating paragraphs (1) and (2) modification of the device) or an interruption of
the manufacture of the device that is likely to shortage.
and subparagraphs (A) and (B); ‘‘(B) The name of each manufacturer of such
(2) by striking ‘‘(b) Upon completion’’ and in- lead to a meaningful disruption in the supply of
that device in the United States, and the rea- device.
serting ‘‘(b)(1) Upon completion’’; and ‘‘(C) The reason for the shortage, as deter-
(3) by adding at the end the following: sons for such discontinuance or interruption.
‘‘(b) TIMING.—A notice required under sub- mined by the Secretary, selecting from the fol-
‘‘(2) In carrying out this subsection with re-
section (a) shall be submitted to the Secretary— lowing categories:
spect to any establishment manufacturing a
‘‘(i) Requirements related to complying with
drug approved under subsection (c) or (j) of sec- ‘‘(1) at least 6 months prior to the date of the
good manufacturing practices.
tion 505 for which a notification has been sub- discontinuance or interruption; or
‘‘(ii) Regulatory delay.
mitted in accordance with section 506C is, or has ‘‘(2) if compliance with paragraph (1) is not ‘‘(iii) Shortage or discontinuance of a compo-
been in the last 5 years, listed on the drug short- possible, as soon as practicable. nent or part.
age list under section 506E, or that is described ‘‘(c) DISTRIBUTION.— ‘‘(iv) Discontinuance of the manufacture of
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in section 505(j)(11)(A), a copy of the report ‘‘(1) PUBLIC AVAILABILITY.—To the maximum the device.
shall be sent promptly to the appropriate offices extent practicable, subject to paragraph (2), the ‘‘(v) Delay in shipping of the device.
of the Food and Drug Administration with ex- Secretary shall distribute, through such means ‘‘(vi) Delay in sterilization of the device.
pertise regarding drug shortages.’’. as the Secretary determines appropriate, infor- ‘‘(vii) Demand increase for the device.
(e) REPORTING REQUIREMENT.—Section 510(j) mation on the discontinuance or interruption of ‘‘(viii) Facility closure.
of the Federal Food, Drug, Cosmetic Act (21 the manufacture of devices reported under sub- ‘‘(D) The estimated duration of the shortage
U.S.C. 360(j)) is amended— section (a) to appropriate organizations, includ- as determined by the Secretary.
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H1754 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(3) PUBLIC AVAILABILITY.— ‘‘(C) is developed in and authorized by a State (3) ADDITIONAL TERMS.—In this section, the
‘‘(A) IN GENERAL.—Subject to subparagraphs that has notified the Secretary of Health and terms ‘‘group health plan’’, ‘‘health insurance
(B) and (C), the Secretary shall make the infor- Human Services of its intention to review tests issuer’’, ‘‘group health insurance coverage’’,
mation in the list under paragraph (1) publicly intended to diagnose COVID–19; or and ‘‘individual health insurance coverage’’
available. ‘‘(D) other test that the Secretary determines have the meanings given such terms in section
‘‘(B) TRADE SECRETS AND CONFIDENTIAL IN- appropriate in guidance.’’. 2791 of the Public Health Service Act (42 U.S.C.
FORMATION.—Nothing in this subsection shall be SEC. 3202. PRICING OF DIAGNOSTIC TESTING. 300gg–91), section 733 of the Employee Retire-
construed to alter or amend section 1905 of title (a) REIMBURSEMENT RATES.—A group health ment Income Security Act of 1974 (29 U.S.C.
18, United States Code, or section 552(b)(4) of plan or a health insurance issuer providing cov- 1191b), and section 9832 of the Internal Revenue
title 5 of such Code. erage of items and services described in section Code, as applicable.
‘‘(C) PUBLIC HEALTH EXCEPTION.—The Sec- 6001(a) of division F of the Families First Subpart B—Support for Health Care
retary may elect not to make information col- Coronavirus Response Act (Public Law 116–127) Providers
lected under this subsection publicly available if with respect to an enrollee shall reimburse the SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH
the Secretary determines that disclosure of such provider of the diagnostic testing as follows: CENTERS.
information would adversely affect the public (1) If the health plan or issuer has a nego- (a) SUPPLEMENTAL AWARDS.—Section 330(r) of
health (such as by increasing the possibility of tiated rate with such provider in effect before the Public Health Service Act (42 U.S.C. 254b(r))
hoarding or other disruption of the availability the public health emergency declared under sec- is amended by adding at the end the following:
of the device to patients). tion 319 of the Public Health Service Act (42 ‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLEMENTAL
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this U.S.C. 247d), such negotiated rate shall apply AWARDS.—In addition to any amounts made
section shall be construed to affect the authority throughout the period of such declaration. available pursuant to this subsection, section
of the Secretary on the date of enactment of this (2) If the health plan or issuer does not have 402A of this Act, or section 10503 of the Patient
section to expedite the review of devices under a negotiated rate with such provider, such plan Protection and Affordable Care Act, there is au-
section 515 of the Federal Food, Drug, and Cos- or issuer shall reimburse the provider in an thorized to be appropriated, and there is appro-
metic Act, section 515B of such Act relating to amount that equals the cash price for such serv- priated, out of any monies in the Treasury not
the priority review program for devices, and sec- ice as listed by the provider on a public internet otherwise appropriated, $1,320,000,000 for fiscal
tion 564 of such Act relating to the emergency website, or such plan or issuer may negotiate a year 2020 for supplemental awards under sub-
use authorization authorities. rate with such provider for less than such cash section (d) for the detection of SARS–CoV–2 or
‘‘(i) DEFINITIONS.—In this section: price. the prevention, diagnosis, and treatment of
‘‘(1) MEANINGFUL DISRUPTION.—The term (b) REQUIREMENT TO PUBLICIZE CASH PRICE
COVID–19.’’.
‘meaningful disruption’— FOR DIAGNOSTIC TESTING FOR COVID–19.—
(b) APPLICATION OF PROVISIONS.—Amounts
‘‘(A) means a change in production that is (1) IN GENERAL.—During the emergency period
appropriated pursuant to the amendment made
reasonably likely to lead to a reduction in the declared under section 319 of the Public Health
by subsection (a) for fiscal year 2020 shall be
supply of a device by a manufacturer that is Service Act (42 U.S.C. 247d), each provider of a
subject to the requirements contained in Public
more than negligible and affects the ability of diagnostic test for COVID–19 shall make public
Law 116–94 for funds for programs authorized
the manufacturer to fill orders or meet expected the cash price for such test on a public internet
under sections 330 through 340 of the Public
demand for its product; website of such provider.
(2) CIVIL MONETARY PENALTIES.—The Sec- Health Service Act (42 U.S.C. 254 through 256).
‘‘(B) does not include interruptions in manu-
retary of Health and Human Services may im- SEC. 3212. TELEHEALTH NETWORK AND TELE-
facturing due to matters such as routine mainte-
HEALTH RESOURCE CENTERS
nance or insignificant changes in manufac- pose a civil monetary penalty on any provider of GRANT PROGRAMS.
turing so long as the manufacturer expects to a diagnostic test for COVID–19 that is not in
Section 330I of the Public Health Service Act
resume operations in a short period of time, not compliance with paragraph (1) and has not
(42 U.S.C. 254c–14) is amended—
to exceed 6 months; completed a corrective action plan to comply (1) in subsection (d)—
‘‘(C) does not include interruptions in manu- with the requirements of such paragraph, in an (A) in paragraph (1)—
facturing of components or raw materials so amount not to exceed $300 per day that the vio- (i) in the matter preceding subparagraph (A),
long as such interruptions do not result in a lation is ongoing. by striking ‘‘projects to demonstrate how tele-
shortage of the device and the manufacturer ex- SEC. 3203. RAPID COVERAGE OF PREVENTIVE health technologies can be used through tele-
pects to resume operations in a reasonable pe- SERVICES AND VACCINES FOR
health networks’’ and inserting ‘‘evidence-based
riod of time; and CORONAVIRUS.
projects that utilize telehealth technologies
‘‘(D) does not include interruptions in manu- (a) IN GENERAL.—Notwithstanding 2713(b) of
through telehealth networks’’;
facturing that do not lead to a reduction in pro- the Public Health Service Act (42 U.S.C. 300gg– (ii) in subparagraph (A)—
cedures or diagnostic tests associated with a 13), the Secretary of Health and Human Serv- (I) by striking ‘‘the quality of’’ and inserting
medical device designed to perform more than ices, the Secretary of Labor, and the Secretary ‘‘access to, and the quality of,’’; and
one procedure or diagnostic test. of the Treasury shall require group health plans (II) by inserting ‘‘and’’ after the semicolon;
‘‘(2) SHORTAGE.—The term ‘shortage’, with re- and health insurance issuers offering group or (iii) by striking subparagraph (B);
spect to a device, means a period of time when individual health insurance to cover (without (iv) by redesignating subparagraph (C) as
the demand or projected demand for the device cost-sharing) any qualifying coronavirus pre- subparagraph (B); and
within the United States exceeds the supply of ventive service, pursuant to section 2713(a) of (v) in subparagraph (B), as so redesignated,
the device.’’. the Public Health Service Act (42 U.S.C. 300gg– by striking ‘‘and patients and their families, for
PART II—ACCESS TO HEALTH CARE FOR 13(a)) (including the regulations under sections decisionmaking’’ and inserting ‘‘, patients, and
COVID–19 PATIENTS 2590.715–2713 of title 29, Code of Federal Regula- their families’’; and
tions, section 54.9815–2713 of title 26, Code of (B) in paragraph (2)—
Subpart A—Coverage of Testing and
Federal Regulations, and section 147.130 of title (i) by striking ‘‘demonstrate how telehealth
Preventive Services
45, Code of Federal Regulations (or any suc- technologies can be used’’ and inserting ‘‘sup-
SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING cessor regulations)). The requirement described port initiatives that utilize telehealth tech-
FOR COVID–19. in this subsection shall take effect with respect nologies’’; and
Paragraph (1) of section 6001(a) of division F to a qualifying coronavirus preventive service (ii) by striking ‘‘, to establish telehealth re-
of the Families First Coronavirus Response Act on the specified date described in subsection source centers’’;
(Public Law 116–127) is amended to read as fol- (b)(2). (2) in subsection (e), by striking ‘‘4 years’’ and
lows: (b) DEFINITIONS.—For purposes of this section: inserting ‘‘5 years’’;
‘‘(1) An in vitro diagnostic test defined in sec- (1) QUALIFYING CORONAVIRUS PREVENTIVE (3) in subsection (f)—
tion 809.3 of title 21, Code of Federal Regula- SERVICE.—The term ‘‘qualifying coronavirus (A) by striking paragraph (2);
tions (or successor regulations) for the detection preventive service’’ means an item, service, or (B) in paragraph (1)(B)—
of SARS–CoV–2 or the diagnosis of the virus immunization that is intended to prevent or (i) by redesignating clauses (i) through (iii) as
that causes COVID–19, and the administration mitigate coronavirus disease 2019 and that is— paragraphs (1) through (3), respectively, and
of such a test, that— (A) an evidence-based item or service that has adjusting the margins accordingly;
‘‘(A) is approved, cleared, or authorized under in effect a rating of ‘‘A’’ or ‘‘B’’ in the current (ii) in paragraph (3), as so redesignated by
section 510(k), 513, 515, or 564 of the Federal recommendations of the United States Preven- clause (i), by redesignating subclauses (I)
Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), tive Services Task Force; or through (XII) as subparagraphs (A) through
360c, 360e, 360bbb–3); (B) an immunization that has in effect a rec- (L), respectively, and adjusting the margins ac-
‘‘(B) the developer has requested, or intends ommendation from the Advisory Committee on cordingly; and
to request, emergency use authorization under Immunization Practices of the Centers for Dis- (iii) by striking ‘‘(1) TELEHEALTH NETWORK
dlhill on DSKBBY8HB2PROD with HOUSE
section 564 of the Federal Food, Drug, and Cos- ease Control and Prevention with respect to the GRANTS—’’ and all that follows through ‘‘(B)
metic Act (21 U.S.C. 360bbb–3), unless and until individual involved. TELEHEALTH NETWORKS—’’; and
the emergency use authorization request under (2) SPECIFIED DATE.—The term ‘‘specified (C) in paragraph (3)(I), as so redesignated, by
such section 564 has been denied or the devel- date’’ means the date that is 15 business days inserting ‘‘and substance use disorder’’ after
oper of such test does not submit a request after the date on which a recommendation is ‘‘mental health’’ each place such term appears;
under such section within a reasonable time- made relating to the qualifying coronavirus pre- (4) in subsection (g)(2), by striking ‘‘or im-
frame; ventive service as described in such paragraph. prove’’ and inserting ‘‘and improve’’;
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1755
(5) by striking subsection (h); (iii) in subparagraphs (B) and (C), by striking and submit to the Committee on Health, Edu-
(6) by redesignating subsections (i) through ‘‘shall’’ each place such term appears; and cation, Labor, and Pensions of the Senate and
(p) as subsection (h) through (o), respectively; (iv) in subparagraph (B)— the Committee on Energy and Commerce of the
(7) in subsection (h), as so redesignated— (I) in the matter preceding clause (i), by in- House of Representatives a report on the activi-
(A) in paragraph (1)— serting ‘‘that’’ after ‘‘members’’; and ties and outcomes of the grant programs under
(i) in subparagraph (B), by striking ‘‘mental (II) in clauses (i) and (ii), by striking ‘‘that’’ subsections (e), (f), and (g), including the im-
health, public health, long-term care, home each place such term appears; and pact of projects funded under such programs on
care, preventive’’ and inserting ‘‘mental health (C) in paragraph (3)(C), by striking ‘‘the local the health status of rural residents with chronic
care, public health services, long-term care, community or region’’ and inserting ‘‘the rural conditions.’’; and
home care, preventive care’’; underserved populations in the local community (7) in subsection (j), by striking ‘‘$45,000,000
(ii) in subparagraph (E), by inserting ‘‘and re- or region’’; for each of fiscal years 2008 through 2012’’ and
gional’’ after ‘‘local’’; and (3) in subsection (f)— inserting ‘‘$79,500,000 for each of fiscal years
(iii) by striking subparagraph (F); and (A) in paragraph (1)— 2021 through 2025’’.
(B) in paragraph (2)(A), by striking ‘‘medi- (i) in subparagraph (A)— SEC. 3214. UNITED STATES PUBLIC HEALTH SERV-
cally underserved areas or’’ and inserting (I) in the matter preceding clause (i), by strik- ICE MODERNIZATION.
‘‘rural areas, medically underserved areas, or’’; ing ‘‘promote, through planning and implemen- (a) COMMISSIONED CORPS AND READY RESERVE
(8) in paragraph (2) of subsection (i), as so re- tation, the development of integrated health CORPS.—Section 203 of the Public Health Service
designated, by striking ‘‘ensure that—’’ and all care networks that have combined the functions Act (42 U.S.C. 204) is amended—
that follows through the end of subparagraph of the entities participating in the networks’’ (1) in subsection (a)(1), by striking ‘‘a Ready
(B) and inserting ‘‘ensure that not less than 50 and inserting ‘‘plan, develop, and implement in- Reserve Corps for service in time of national
percent of the funds awarded shall be awarded tegrated health care networks that collaborate’’; emergency’’ and inserting ‘‘, for service in time
for projects in rural areas.’’; and of a public health or national emergency, a
(9) in subsection (j), as so redesignated— (II) in clause (ii), by striking ‘‘essential health Ready Reserve Corps’’; and
(A) in paragraph (1)(B), by striking ‘‘com- care services’’ and inserting ‘‘basic health care (2) in subsection (c)—
puter hardware and software, audio and video services and associated health outcomes’’; and (A) in the heading, by striking ‘‘RESEARCH’’
equipment, computer network equipment, inter- (ii) by amending subparagraph (B) to read as and inserting ‘‘RESERVE CORPS’’;
active equipment, data terminal equipment, and follows: (B) in paragraph (1), by inserting ‘‘during
other’’; and ‘‘(B) GRANT PERIODS.—The Director may public health or national emergencies’’ before
(B) in paragraph (2)(F), by striking ‘‘health award grants under this subsection for periods the period;
care providers and’’; of not more than 5 years.’’; (C) in paragraph (2)—
(10) in subsection (k), as so redesignated— (B) in paragraph (2)— (i) in the matter preceding subparagraph (A),
(A) in paragraph (2), by striking ‘‘40 percent’’ (i) in the matter preceding subparagraph (A), by inserting ‘‘, consistent with paragraph (1)’’
and inserting ‘‘20 percent’’; and by inserting ‘‘shall’’ after ‘‘entity’’; after ‘‘shall’’;
(B) in paragraph (3), by striking ‘‘(such as (ii) in subparagraph (A), by striking ‘‘shall be (ii) in subparagraph (C), by inserting ‘‘during
laying cable or telephone lines, or purchasing or a rural public or rural nonprofit private entity’’ such emergencies’’ after ‘‘members’’; and
installing microwave towers, satellite dishes, and inserting ‘‘be an entity with demonstrated (iii) in subparagraph (D), by inserting ‘‘, con-
amplifiers, or digital switching equipment)’’; experience serving, or the capacity to serve, sistent with subparagraph (C)’’ before the pe-
(11) by striking subsections (q) and (r) and in- rural underserved populations’’; riod; and
serting the following: (iii) in subparagraph (B)— (D) by adding at the end the following:
‘‘(p) REPORT.—Not later than 4 years after the (I) in the matter preceding clause (i)— ‘‘(3) STATUTORY REFERENCES TO RESERVE.—A
date of enactment of the Coronavirus Aid, Re- (aa) by striking ‘‘shall’’; and reference in any Federal statute, except in the
lief, and Economic Security Act, and every 5 (bb) by inserting ‘‘that’’ after ‘‘participants’’; case of subsection (b), to the ‘Reserve Corps’ of
years thereafter, the Secretary shall prepare and the Public Health Service or to the ‘reserve’ of
and submit to the Committee on Health, Edu- (II) in clauses (i) and (ii), by striking ‘‘that’’ the Public Health Service shall be deemed to be
cation, Labor, and Pensions of the Senate and each place such term appears; and a reference to the Ready Reserve Corps.’’.
the Committee on Energy and Commerce of the (iv) in subparagraph (C), by striking ‘‘shall’’; (b) DEPLOYMENT READINESS.—Section
House of Representatives a report on the activi- and 203A(a)(1)(B) of the Public Health Service Act
ties and outcomes of the grant programs under (C) in paragraph (3)— (42 U.S.C. 204a(a)(1)(B)) is amended by striking
subsection (b).’’; (i) by amending clause (iii) of subparagraph ‘‘Active Reserves’’ and inserting ‘‘Ready Re-
(12) by redesignating subsection (s) as sub- (C) to read as follows: serve Corps’’.
section (q); and ‘‘(iii) how the rural underserved populations (c) RETIREMENT OF COMMISSIONED OFFI-
(13) in subsection (q), as so redesignated, by in the local community or region to be served CERS.—Section 211 of the Public Health Service
striking ‘‘this section—’’ and all that follows will benefit from and be involved in the develop- Act (42 U.S.C. 212) is amended—
through the end of paragraph (2) and inserting ment and ongoing operations of the network;’’; (1) by striking ‘‘the Service’’ each place it ap-
‘‘this section $29,000,000 for each of fiscal years and pears and inserting ‘‘the Regular Corps’’;
2021 through 2025.’’. (ii) in subparagraph (D), by striking ‘‘the (2) in subsection (a)(4), by striking ‘‘(in the
SEC. 3213. RURAL HEALTH CARE SERVICES OUT- local community or region’’ and inserting ‘‘the case of an officer in the Reserve Corps)’’;
REACH, RURAL HEALTH NETWORK rural underserved populations in the local com-
DEVELOPMENT, AND SMALL HEALTH (3) in subsection (c)—
CARE PROVIDER QUALITY IMPROVE-
munity or region’’; (A) in paragraph (1)—
MENT GRANT PROGRAMS. (4) in subsection (g)— (i) by striking ‘‘or an officer of the Reserve
Section 330A of the Public Health Service Act (A) in paragraph (1)— Corps’’; and
(42 U.S.C. 254c) is amended— (i) by inserting ‘‘, including activities related (ii) by inserting ‘‘or under section 221(a)(19)’’
(1) in subsection (d)(2)— to increasing care coordination, enhancing after ‘‘subsection (a)’’; and
(A) in subparagraph (A), by striking ‘‘essen- chronic disease management, and improving pa- (B) in paragraph (2), by striking ‘‘Regular or
tial’’ and inserting ‘‘basic’’; and tient health outcomes’’ before the period of the Reserve Corps’’ and inserting ‘‘Regular Corps or
(B) in subparagraph (B)— first sentence; and Ready Reserve Corps’’; and
(i) in the matter preceding clause (i), by in- (ii) by striking ‘‘3 years’’ and inserting ‘‘5 (4) in subsection (f), by striking ‘‘the Regular
serting ‘‘to’’ after ‘‘grants’’; and years’’; or Reserve Corps of’’.
(ii) in clauses (i), (ii), and (iii), by striking (B) in paragraph (2)— (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND
‘‘to’’ each place such term appears; (i) in the matter preceding subparagraph (A), SURVIVING BENEFICIARIES.—Section 221 of the
(2) in subsection (e)— by inserting ‘‘shall’’ after ‘‘entity’’; Public Health Service Act (42 U.S.C. 213a) is
(A) in paragraph (1)— (ii) in subparagraphs (A) and (B), by striking amended—
(i) by inserting ‘‘improving and’’ after ‘‘out- ‘‘shall’’ each place such term appears; and (1) in subsection (a), by adding at the end the
reach by’’; (iii) in subparagraph (A)(ii), by inserting ‘‘or following:
(ii) by inserting ‘‘, through community en- regional’’ after ‘‘local’’; and ‘‘(19) Chapter 1223, Retired Pay for Non-Reg-
gagement and evidence-based or innovative, evi- (C) in paragraph (3)(D), by striking ‘‘the local ular Service.
dence-informed models’’ before the period of the community or region’’ and inserting ‘‘the rural ‘‘(20) Section 12601, Compensation: Reserve on
first sentence; and underserved populations in the local community active duty accepting from any person.
(iii) by striking ‘‘3 years’’ and inserting ‘‘5 or region’’; ‘‘(21) Section 12684, Reserves: separation for
years’’; (5) in subsection (h)(3), in the matter pre- absence without authority or sentence to impris-
(B) in paragraph (2)— ceding subparagraph (A), by inserting ‘‘, as ap- onment.’’; and
dlhill on DSKBBY8HB2PROD with HOUSE
(i) in the matter preceding subparagraph (A), propriate,’’ after ‘‘the Secretary’’; (2) in subsection (b)—
by inserting ‘‘shall’’ after ‘‘entity’’; (6) by amending subsection (i) to read as fol- (A) by striking ‘‘Secretary of Health, Edu-
(ii) in subparagraph (A), by striking ‘‘shall be lows: cation, and Welfare or his designee’’ and insert-
a rural public or rural nonprofit private entity’’ ‘‘(i) REPORT.—Not later than 4 years after the ing ‘‘Secretary of Health and Human Services or
and inserting ‘‘be an entity with demonstrated date of enactment of the Coronavirus Aid, Re- the designee of such secretary’’;
experience serving, or the capacity to serve, lief, and Economic Security Act, and every 5 (B) by striking ‘‘(b) The authority vested’’
rural underserved populations’’; years thereafter, the Secretary shall prepare and inserting the following:
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H1756 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(b)(1) The authority vested’’; tified under Federal or State law to provide disclosed by a covered entity, business associate,
(C) by striking ‘‘For purposes of’’ and insert- health care services; or a program subject to this section for purposes
ing the following: (3) the term ‘‘health care services’’ means any of treatment, payment, and health care oper-
‘‘(2) For purposes of’’; and services provided by a health care professional, ations as permitted by the HIPAA regulations.
(D) by adding at the end the following: or by any individual working under the super- Any information so disclosed may then be redis-
‘‘(3) For purposes of paragraph (19) of sub- vision of a health care professional that relate closed in accordance with the HIPAA regula-
section (a), the terms ‘Military department’, to— tions. Section 13405(c) of the Health Information
‘Secretary concerned’, and ‘Armed forces’ in (A) the diagnosis, prevention, or treatment of Technology and Clinical Health Act (42 U.S.C.
such title 10 shall be deemed to include, respec- COVID–19; or 17935(c)) shall apply to all disclosures pursuant
tively, the Department of Health and Human (B) the assessment or care of the health of a to subsection (b)(1) of this section.
Services, the Secretary of Health and Human human being related to an actual or suspected ‘‘(C) It shall be permissible for a patient’s
Services, and the Commissioned Corps.’’. case of COVID–19; and prior written consent to be given once for all
(e) TECHNICAL AMENDMENTS.—Title II of the (4) the term ‘‘volunteer’’ means a health care such future uses or disclosures for purposes of
Public Health Service Act (42 U.S.C. 202 et seq.) professional who, with respect to the health treatment, payment, and health care operations,
is amended— care services rendered, does not receive com- until such time as the patient revokes such con-
(1) in sections 204 and 207(c), by striking pensation or any other thing of value in lieu of sent in writing.
‘‘Regular or Reserve Corps’’ each place it ap- compensation, which compensation— ‘‘(D) Section 13405(a) of the Health Informa-
pears and inserting ‘‘Regular Corps or Ready (A) includes a payment under any insurance tion Technology and Clinical Health Act (42
Reserve Corps’’; policy or health plan, or under any Federal or U.S.C. 17935(a)) shall apply to all disclosures
(2) in section 208(a), by striking ‘‘Regular and State health benefits program; and pursuant to subsection (b)(1) of this section.’’.
Reserve Corps’’ each place it appears and in- (B) excludes— (c) DISCLOSURES OF DE-IDENTIFIED HEALTH
serting ‘‘Regular Corps and Ready Reserve (i) receipt of items to be used exclusively for INFORMATION TO PUBLIC HEALTH AUTHORI-
Corps’’; and rendering health care services in the health care TIES.—Paragraph (2) of section 543(b) of the
(3) in section 205(c), 206(c), 210, and 219, and professional’s capacity as a volunteer described Public Health Service Act (42 U.S.C. 290dd–2(b)),
in subsections (a), (b), and (d) of section 207, by in subsection (a)(1); and is amended by adding at the end the following:
striking ‘‘Reserve Corps’’ each place it appears (ii) any reimbursement for travel to the site ‘‘(D) To a public health authority, so long as
and inserting ‘‘Ready Reserve Corps’’. where the volunteer services are rendered and such content meets the standards established in
SEC. 3215. LIMITATION ON LIABILITY FOR VOLUN- any payments in cash or kind to cover room and section 164.514(b) of title 45, Code of Federal
TEER HEALTH CARE PROFES- board, if services are being rendered more than Regulations (or successor regulations) for cre-
SIONALS DURING COVID–19 EMER- 75 miles from the volunteer’s principal place of ating de-identified information.’’.
GENCY RESPONSE. residence. (d) DEFINITIONS.—Section 543 of the Public
(a) LIMITATION ON LIABILITY.—Except as pro- (e) EFFECTIVE DATE.—This section shall take Health Service Act (42 U.S.C. 290dd–2) is amend-
vided in subsection (b), a health care profes- effect upon the date of enactment of this Act, ed by adding at the end the following:
sional shall not be liable under Federal or State and applies to a claim for harm only if the act ‘‘(k) DEFINITIONS.—For purposes of this sec-
law for any harm caused by an act or omission or omission that caused such harm occurred on tion:
of the professional in the provision of health or after the date of enactment. ‘‘(1) BREACH.—The term ‘breach’ has the
care services during the public health emergency (f) SUNSET.—This section shall be in effect meaning given such term for purposes of the
with respect to COVID–19 declared by the Sec- only for the length of the public health emer- HIPAA regulations.
retary of Health and Human Services (referred gency declared by the Secretary of Health and ‘‘(2) BUSINESS ASSOCIATE.—The term ‘business
to in this section as the ‘‘Secretary’’) under sec- Human Services (referred to in this section as associate’ has the meaning given such term for
tion 319 of the Public Health Service Act (42 the ‘‘Secretary’’) under section 319 of the Public purposes of the HIPAA regulations.
U.S.C. 247d) on January 31, 2020, if— Health Service Act (42 U.S.C. 247d) on January ‘‘(3) COVERED ENTITY.—The term ‘covered en-
(1) the professional is providing health care 31, 2020 with respect to COVID–19. tity’ has the meaning given such term for pur-
services in response to such public health emer- SEC. 3216. FLEXIBILITY FOR MEMBERS OF NA- poses of the HIPAA regulations.
gency, as a volunteer; and TIONAL HEALTH SERVICE CORPS ‘‘(4) HEALTH CARE OPERATIONS.—The term
(2) the act or omission occurs— DURING EMERGENCY PERIOD. ‘health care operations’ has the meaning given
(A) in the course of providing health care During the public health emergency declared such term for purposes of the HIPAA regula-
services; by the Secretary of Health and Human Services tions.
(B) in the health care professional’s capacity under section 319 of the Public Health Service ‘‘(5) HIPAA REGULATIONS.—The term ‘HIPAA
as a volunteer; Act (42 U.S.C. 247d) on January 31, 2020, with regulations’ has the meaning given such term
(C) in the course of providing health care respect to COVID–19, the Secretary may, not- for purposes of parts 160 and 164 of title 45,
services that— withstanding section 333 of the Public Health Code of Federal Regulations.
(i) are within the scope of the license, reg- Service Act (42 U.S.C. 254f), assign members of ‘‘(6) PAYMENT.—The term ‘payment’ has the
istration, or certification of the volunteer, as de- the National Health Service Corps, with the vol- meaning given such term for purposes of the
fined by the State of licensure, registration, or untary agreement of such corps members, to pro- HIPAA regulations.
certification; and ‘‘(7) PUBLIC HEALTH AUTHORITY.—The term
vide such health services at such places, and for
(ii) do not exceed the scope of license, registra- ‘public health authority’ has the meaning given
such number of hours, as the Secretary deter-
tion, or certification of a substantially similar such term for purposes of the HIPAA regula-
mines necessary to respond to such emergency,
health professional in the State in which such tions.
provided that such places are within a reason- ‘‘(8) TREATMENT.—The term ‘treatment’ has
act or omission occurs; and able distance of the site to which such members
(D) in a good faith belief that the individual the meaning given such term for purposes of the
were originally assigned, and the total number HIPAA regulations.
being treated is in need of health care services.
of hours required are the same as were required ‘‘(9) UNSECURED PROTECTED HEALTH INFORMA-
(b) EXCEPTIONS.—Subsection (a) does not
apply if— of such members prior to the date of enactment TION.—The term ‘unprotected health informa-
(1) the harm was caused by an act or omission of this Act. tion’ has the meaning given such term for pur-
constituting willful or criminal misconduct, Subpart C—Miscellaneous Provisions poses of the HIPAA regulations.’’.
gross negligence, reckless misconduct, or a con- SEC. 3221. CONFIDENTIALITY AND DISCLOSURE (e) USE OF RECORDS IN CRIMINAL, CIVIL, OR
scious flagrant indifference to the rights or safe- OF RECORDS RELATING TO SUB- ADMINISTRATIVE INVESTIGATIONS, ACTIONS, OR
ty of the individual harmed by the health care STANCE USE DISORDER. PROCEEDINGS.—Subsection (c) of section 543 of
professional; or (a) CONFORMING CHANGES RELATING TO SUB- the Public Health Service Act (42 U.S.C. 290dd–
(2) the health care professional rendered the STANCE USE DISORDER.—Subsections (a) and (h) 2(c)) is amended to read as follows:
health care services under the influence (as de- of section 543 of the Public Health Service Act ‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR
termined pursuant to applicable State law) of (42 U.S.C. 290dd–2) are each amended by strik- ADMINISTRATIVE CONTEXTS.—Except as other-
alcohol or an intoxicating drug. ing ‘‘substance abuse’’ and inserting ‘‘substance wise authorized by a court order under sub-
(c) PREEMPTION.— use disorder’’. section (b)(2)(C) or by the consent of the pa-
(1) IN GENERAL.—This section preempts the (b) DISCLOSURES TO COVERED ENTITIES CON- tient, a record referred to in subsection (a), or
laws of a State or any political subdivision of a SISTENT WITH HIPAA.—Paragraph (1) of section testimony relaying the information contained
State to the extent that such laws are incon- 543(b) of the Public Health Service Act (42 therein, may not be disclosed or used in any
sistent with this section, unless such laws pro- U.S.C. 290dd–2(b)) is amended to read as fol- civil, criminal, administrative, or legislative pro-
vide greater protection from liability. lows: ceedings conducted by any Federal, State, or
(2) VOLUNTEER PROTECTION ACT.—Protections ‘‘(1) CONSENT.—The following shall apply local authority, against a patient, including
afforded by this section are in addition to those with respect to the contents of any record re- with respect to the following activities:
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provided by the Volunteer Protection Act of 1997 ferred to in subsection (a): ‘‘(1) Such record or testimony shall not be en-
(Public Law 105–19). ‘‘(A) Such contents may be used or disclosed tered into evidence in any criminal prosecution
(d) DEFINITIONS.—In this section— in accordance with the prior written consent of or civil action before a Federal or State court.
(1) the term ‘‘harm’’ includes physical, non- the patient with respect to whom such record is ‘‘(2) Such record or testimony shall not form
physical, economic, and noneconomic losses; maintained. part of the record for decision or otherwise be
(2) the term ‘‘health care professional’’ means ‘‘(B) Once prior written consent of the patient taken into account in any proceeding before a
an individual who is licensed, registered, or cer- has been obtained, such contents may be used or Federal, State, or local agency.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1757
‘‘(3) Such record or testimony shall not be the date of enactment of this Act, the Secretary seq.) for such use as the State agency or area
used by any Federal, State, or local agency for of Health and Human Services, in consultation agency on aging, respectively, considers appro-
a law enforcement purpose or to conduct any with appropriate legal, clinical, privacy, and priate to meet the needs of the State or area
law enforcement investigation. civil rights experts, shall update section 164.520 served.
‘‘(4) Such record or testimony shall not be of title 45, Code of Federal Regulations, so that (c) HOME-DELIVERED NUTRITION SERVICES
used in any application for a warrant.’’. covered entities and entities creating or main- WAIVER.—For purposes of State agencies’ deter-
(f) PENALTIES.—Subsection (f) of section 543 of taining the records described in subsection (a) mining the delivery of nutrition services under
the Public Health Service Act (42 U.S.C. 290dd– provide notice, written in plain language, of pri- section 337 of the Older Americans Act of 1965
2) is amended to read as follows: vacy practices regarding patient records referred (42 U.S.C. 3030g), during the period of the
‘‘(f) PENALTIES.—The provisions of sections to in section 543(a) of the Public Health Service COVID–19 public health emergency declared
1176 and 1177 of the Social Security Act shall Act (42 U.S.C. 290dd–2(a)), including— under section 319 of the Public Health Service
apply to a violation of this section to the extent (A) a statement of the patient’s rights, includ- Act (42 U.S.C. 247d), the same meaning shall be
and in the same manner as such provisions ing self-pay patients, with respect to protected given to an individual who is unable to obtain
apply to a violation of part C of title XI of such health information and a brief description of nutrition because the individual is practicing
Act. In applying the previous sentence— how the individual may exercise these rights (as social distancing due to the emergency as is
‘‘(1) the reference to ‘this subsection’ in sub- required by subsection (b)(1)(iv) of such section given to an individual who is homebound by
section (a)(2) of such section 1176 shall be treat- 164.520); and reason of illness.
ed as a reference to ‘this subsection (including (B) a description of each purpose for which (d) DIETARY GUIDELINES WAIVER.—To facili-
as applied pursuant to section 543(f) of the Pub- the covered entity is permitted or required to use tate implementation of subparts 1 and 2 of part
lic Health Service Act)’; and or disclose protected health information without C of title III of the Older Americans Act of 1965
‘‘(2) in subsection (b) of such section 1176— (42 U.S.C. 3030d–2 et seq.) during any portion of
the patient’s written authorization (as required
‘‘(A) each reference to ‘a penalty imposed the COVID–19 public health emergency declared
by subsection (b)(2) of such section 164.520).
under subsection (a)’ shall be treated as a ref- under section 319 of the Public Health Service
(j) RULES OF CONSTRUCTION.—Nothing in this
erence to ‘a penalty imposed under subsection Act (42 U.S.C. 247d), the Assistant Secretary
Act or the amendments made by this Act shall be
(a) (including as applied pursuant to section may waive the requirements for meals provided
construed to limit—
543(f) of the Public Health Service Act)’; and under those subparts to comply with the re-
‘‘(B) each reference to ‘no damages obtained (1) a patient’s right, as described in section
164.522 of title 45, Code of Federal Regulations, quirements of clauses (i) and (ii) of section
under subsection (d)’ shall be treated as a ref-
or any successor regulation, to request a restric- 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).
erence to ‘no damages obtained under sub-
tion on the use or disclosure of a record referred SEC. 3223. CONTINUITY OF SERVICE AND OPPOR-
section (d) (including as applied pursuant to TUNITIES FOR PARTICIPANTS IN
section 543(f) of the Public Health Service to in section 543(a) of the Public Health Service
Act (42 U.S.C. 290dd–2(a)) for purposes of treat- COMMUNITY SERVICE ACTIVITIES
Act)’.’’. UNDER TITLE V OF THE OLDER
(g) ANTIDISCRIMINATION.—Section 543 of the ment, payment, or health care operations; or AMERICANS ACT OF 1965.
Public Health Service Act (42 U.S.C. 290dd–2) is (2) a covered entity’s choice, as described in
To ensure continuity of service and opportu-
amended by inserting after subsection (h) the section 164.506 of title 45, Code of Federal Regu-
nities for participants in community service ac-
following: lations, or any successor regulation, to obtain
tivities under title V of the Older Americans Act
‘‘(i) ANTIDISCRIMINATION.— the consent of the individual to use or disclose
of 1965 (42 U.S.C. 3056 et seq.), the Secretary of
‘‘(1) IN GENERAL.—No entity shall discriminate a record referred to in such section 543(a) to
Labor—
against an individual on the basis of informa- carry out treatment, payment, or health care (1)(A) may allow individuals participating in
tion received by such entity pursuant to an in- operation. projects under such title as of March 1, 2020, to
advertent or intentional disclosure of records, or (k) SENSE OF CONGRESS.—It is the sense of the extend their participation for a period that ex-
information contained in records, described in Congress that— ceeds the period described in section
subsection (a) in— (1) any person treating a patient through a 518(a)(3)(B)(i) of such Act (42 U.S.C.
‘‘(A) admission, access to, or treatment for program or activity with respect to which the 3056p(a)(3)(B)(i)) if the Secretary determines
health care; confidentiality requirements of section 543 of the such extension is appropriate due to the effects
‘‘(B) hiring, firing, or terms of employment, or Public Health Service Act (42 U.S.C. 290dd–2) of the COVID–19 public health emergency de-
receipt of worker’s compensation; apply is encouraged to access the applicable clared under section 319 of the Public Health
‘‘(C) the sale, rental, or continued rental of State-based prescription drug monitoring pro- Service Act (42 U.S.C. 247d); and
housing; gram when clinically appropriate; (B) may increase the average participation
‘‘(D) access to Federal, State, or local courts; (2) patients have the right to request a restric- cap for eligible individuals applicable to grant-
or tion on the use or disclosure of a record referred
‘‘(E) access to, approval of, or maintenance of ees as described in section 502(b)(1)(C) of the
to in section 543(a) of the Public Health Service Older Americans Act of 1965 (42 U.S.C.
social services and benefits provided or funded Act (42 U.S.C. 290dd–2(a)) for treatment, pay-
by Federal, State, or local governments. 3056(b)(1)(C)) to a cap the Secretary determines
ment, or health care operations; is appropriate due to the effects of the COVID–
‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- (3) covered entities should make every reason-
cipient of Federal funds shall discriminate 19 public health emergency declared under sec-
able effort to the extent feasible to comply with tion 319 of the Public Health Service Act (42
against an individual on the basis of informa- a patient’s request for a restriction regarding
tion received by such recipient pursuant to an U.S.C. 247d); and
such use or disclosure; (2) may increase the amount available to pay
intentional or inadvertent disclosure of such (4) for purposes of applying section 164.501 of
records or information contained in records de- the authorized administrative costs for a project,
title 45, Code of Federal Regulations, the defini- described in section 502(c)(3) of the Older Ameri-
scribed in subsection (a) in affording access to tion of health care operations shall have the
the services provided with such funds.’’. cans Act of 1965 (42 U.S.C. 3056(c)(3)) to an
meaning given such term in such section, except amount not to exceed 20 percent of the grant
(h) NOTIFICATION IN CASE OF BREACH.—Sec-
that clause (v) of paragraph (6) shall not apply; amount if the Secretary determines that such in-
tion 543 of the Public Health Service Act (42
and crease is necessary to adequately respond to the
U.S.C. 290dd–2), as amended by subsection (g),
(5) programs creating records referred to in additional administrative needs to respond to
is further amended by inserting after subsection
section 543(a) of the Public Health Service Act the COVID–19 public health emergency declared
(i) the following:
(42 U.S.C. 290dd–2(a)) should receive positive in- under section 319 of the Public Health Service
‘‘(j) NOTIFICATION IN CASE OF BREACH.—The
centives for discussing with their patients the Act (42 U.S.C. 247d).
provisions of section 13402 of the HITECH Act
benefits to consenting to share such records. SEC. 3224. GUIDANCE ON PROTECTED HEALTH IN-
(42 U.S.C. 17932) shall apply to a program or ac-
tivity described in subsection (a), in case of a SEC. 3222. NUTRITION SERVICES. FORMATION.
breach of records described in subsection (a), to (a) DEFINITIONS.—In this section, the terms Not later than 180 days after the date of en-
the same extent and in the same manner as such ‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State actment of this Act, the Secretary of Health and
provisions apply to a covered entity in the case agency’’, and ‘‘area agency on aging’’ have the Human Services shall issue guidance on the
of a breach of unsecured protected health infor- meanings given the terms in section 102 of the sharing of patients’ protected health informa-
mation.’’. Older Americans Act of 1965 (42 U.S.C. 3002). tion pursuant to section 160.103 of title 45, Code
(i) REGULATIONS.— (b) NUTRITION SERVICES TRANSFER CRI- of Federal Regulations (or any successor regula-
(1) IN GENERAL.—The Secretary of Health and TERIA.—During any portion of the COVID–19 tions) during the public health emergency de-
Human Services, in consultation with appro- public health emergency declared under section clared by the Secretary of Health and Human
priate Federal agencies, shall make such revi- 319 of the Public Health Service Act (42 U.S.C. Services under section 319 of the Public Health
sions to regulations as may be necessary for im- 247d), the Secretary shall allow a State agency Service Act (42 U.S.C. 247d) with respect to
plementing and enforcing the amendments made or an area agency on aging, without prior ap- COVID–19, during the emergency involving Fed-
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by this section, such that such amendments proval, to transfer not more than 100 percent of eral primary responsibility determined to exist
shall apply with respect to uses and disclosures the funds received by the State agency or area by the President under section 501(b) of the Rob-
of information occurring on or after the date agency on aging, respectively, and attributable ert T. Stafford Disaster Relief and Emergency
that is 12 months after the date of enactment of to funds appropriated under paragraph (1) or Assistance Act (42 U.S.C. 5191(b)) with respect
this Act. (2) of section 303(b) of the Older Americans Act to COVID–19, and during the national emer-
(2) EASILY UNDERSTANDABLE NOTICE OF PRI- of 1965 (42 U.S.C. 3023(b)), between subpart 1 gency declared by the President under the Na-
VACY PRACTICES.—Not later than 1 year after and subpart 2 of part C (42 U.S.C. 3030d–2 et tional Emergencies Act (50 U.S.C. 1601 et seq.)
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H1758 CONGRESSIONAL RECORD — HOUSE March 27, 2020
with respect to COVID–19. Such guidance shall ‘‘(iii) the extent to which the grantee coordi- Health, Education, Labor, and Pensions of the
include information on compliance with the reg- nated with the community in which the grantee Senate and the Committee on Energy and Com-
ulations promulgated pursuant to section 264(c) is located in the development of the project and merce of the House of Representatives, a report
of the Health Insurance Portability and Ac- delivery of services, including with respect to that shall include—
countability Act of 1996 (42 U.S.C. 1320d–2 note) technical assistance and mentorship pro- (1) a description of the activities carried out
and applicable policies, including such policies grams.’’; and under subsection (a);
that may come into effect during such emer- (5) by adding at the end the following: (2) a description of trends in blood supply do-
gencies. ‘‘(f) GAO REPORT.— nations; and
SEC. 3225. REAUTHORIZATION OF HEALTHY ‘‘(1) IN GENERAL.—Not later than 4 years after (3) an evaluation of the impact of the public
START PROGRAM. the date of the enactment of this subsection, the awareness campaign, including any geographic
Section 330H of the Public Health Service Act Comptroller General of the United States shall or population variations.
(42 U.S.C. 254c–8) is amended— conduct an independent evaluation, and submit
PART III—INNOVATION
(1) in subsection (a)— to the appropriate Committees of Congress a re-
(A) in paragraph (1), by striking ‘‘, during fis- port, concerning the Healthy Start program SEC. 3301. REMOVING THE CAP ON OTA DURING
cal year 2001 and subsequent years,’’; and under this section. PUBLIC HEALTH EMERGENCIES.
(B) in paragraph (2), by inserting ‘‘or increas- ‘‘(2) EVALUATION.—In conducting the evalua- Section 319L(c)(5)(A) of the Public Health
ing above the national average’’ after ‘‘areas tion under paragraph (1), the Comptroller Gen- Service Act (42 U.S.C. 247d–7e(c)(5)(A)) is
with high’’; eral shall consider, as applicable and appro- amended—
(2) in subsection (b)— priate, information from the evaluations under (1) by redesignating clause (iii) as clause (iv);
(A) in paragraph (1), by striking ‘‘consumers subsection (e)(2)(B). and
of project services, public health departments, ‘‘(3) REPORT.—The report described in para- (2) by inserting after clause (ii) the following:
hospitals, health centers under section 330’’ and graph (1) shall review, assess, and provide rec- ‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH
inserting ‘‘participants and former participants ommendations, as appropriate, on the following: EMERGENCY.—
of project services, public health departments, ‘‘(A) The allocation of Healthy Start program ‘‘(I) IN GENERAL.—Notwithstanding clause (ii),
hospitals, health centers under section 330, grants by the Health Resources and Services Ad- the Secretary, shall, to the maximum extent
State substance abuse agencies’’; and ministration, including considerations made by practicable, use competitive procedures when
(B) in paragraph (2)— such Administration regarding disparities in in- entering into transactions to carry out projects
(i) in subparagraph (A), by striking ‘‘such as fant mortality or perinatal outcomes among under this subsection for purposes of a public
low birthweight’’ and inserting ‘‘including poor urban and rural areas in making such awards. health emergency declared by the Secretary
birth outcomes (such as low birthweight and ‘‘(B) Trends in the progress made toward under section 319. Any such transactions en-
preterm birth) and social determinants of meeting the evaluation criteria pursuant to sub- tered into during such public health emergency
health’’; section (e)(2)(B), including programs which de- shall not be terminated solely due to the expira-
(ii) by redesignating subparagraph (B) as sub- crease infant mortality rates and improve tion of such public health emergency, if such
paragraph (C); perinatal outcomes, programs that have not de- public health emergency ends before the comple-
(iii) by inserting after subparagraph (A), the creased infant mortality rates or improved tion of the terms of such agreement.
following: perinatal outcomes, and programs that have ‘‘(II) REPORT.—After the expiration of the
‘‘(B) Communities with— made an impact on disparities in infant mor-
‘‘(i) high rates of infant mortality or poor public health emergency declared by the Sec-
tality or perinatal outcomes. retary under section 319, the Secretary shall
perinatal outcomes; or ‘‘(C) The ability of grantees to improve health
‘‘(ii) high rates of infant mortality or poor provide a report to the Committee on Health,
outcomes for project participants, promote the Education, Labor, and Pensions of the Senate
perinatal outcomes in specific subpopulations awareness of the Healthy Start program serv-
within the community.’’; and and the Committee on Energy and Commerce of
ices, incorporate and promote family participa- the House of Representatives regarding the use
(iv) in subparagraph (C) (as so redesig- tion, facilitate coordination with the community
nated)— of any funds pursuant to the authority under
in which the grantee is located, and increase subclause (I), including any outcomes, benefits,
(I) by redesignating clauses (i) and (ii) as grantee accountability through quality improve-
clauses (ii) and (iii), respectively; and risks associated with the use of such funds,
ment, performance monitoring, evaluation, and and a description of the reasons for the use of
(II) by inserting before clause (ii) (as so redes- the effect such metrics may have toward de-
ignated) the following: such authority for the project or projects.’’.
creasing the rate of infant mortality and im-
‘‘(i) collaboration with the local community in SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.
proving perinatal outcomes.
the development of the project;’’; ‘‘(D) The extent to which such Federal pro- Chapter V of the Federal Food, Drug, and
(III) in clause (ii) (as so redesignated), by grams are coordinated across agencies and the Cosmetic Act (21 U.S.C. 351 et seq.) is amended
striking ‘‘and’’ at the end; identification of opportunities for improved co- by inserting after section 512 the following:
(IV) in clause (iii) (as so redesignated), by ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.
ordination in such Federal programs and activi-
striking the period and inserting ‘‘; and’’; and
ties.’’. ‘‘(a) IN GENERAL.—The Secretary shall, at the
(V) by adding at the end the following:
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. request of the sponsor intending to submit an
‘‘(iv) the use and collection of data dem-
(a) IN GENERAL.—The Secretary of Health and application for approval of a new animal drug
onstrating the effectiveness of such program in
Human Services (referred to in this section as under section 512(b)(1) or an application for
decreasing infant mortality rates and improving
the ‘‘Secretary’’) shall carry out a national conditional approval of a new animal drug
perinatal outcomes, as applicable, or the process
campaign to improve awareness of, and support under section 571, expedite the development and
by which new applicants plan to collect this
outreach to the public and health care providers review of such new animal drug if preliminary
data.’’;
(3) in subsection (c)— about the importance and safety of blood dona- clinical evidence indicates that the new animal
(A) by striking ‘‘Recipients of grants’’ and in- tion and the need for donations for the blood drug, alone or in combination with 1 or more
serting the following: supply during the public health emergency de- other animal drugs, has the potential to prevent
‘‘(1) IN GENERAL.—Recipients of grants’’; and clared by the Secretary under section 319 of the or treat a zoonotic disease in animals, including
(B) by adding at the end the following: Public Health Service Act (42 U.S.C. 247d) with a vector borne-disease, that has the potential to
‘‘(2) OTHER PROGRAMS.—The Secretary shall respect to COVID–19. cause serious adverse health consequences for,
ensure coordination of the program carried out (b) AWARENESS CAMPAIGN.—In carrying out or serious or life-threatening diseases in, hu-
pursuant to this section with other programs subsection (a), the Secretary may enter into con- mans.
and activities related to the reduction of the tracts with one or more public or private non- ‘‘(b) REQUEST FOR DESIGNATION.—The sponsor
rate of infant mortality and improved perinatal profit entities, to establish a national blood do- of a new animal drug may request the Secretary
and infant health outcomes supported by the nation awareness campaign that may include to designate a new animal drug described in
Department.’’; television, radio, internet, and newspaper public subsection (a) as a priority zoonotic animal
(4) in subsection (e)— service announcements, and other activities to drug. A request for the designation may be made
(A) in paragraph (1), by striking ‘‘appro- provide for public and professional awareness concurrently with, or at any time after, the
priated—’’ and all that follows through the end and education. opening of an investigational new animal drug
and inserting ‘‘appropriated $125,500,000 for (c) CONSULTATION.—In carrying out sub- file under section 512(j) or the filing of an appli-
each of fiscal years 2021 through 2025.’’; and section (a), the Secretary shall consult with the cation under section 512(b)(1) or 571.
(B) in paragraph (2)(B), by adding at the end Commissioner of Food and Drugs, the Assistant ‘‘(c) DESIGNATION.—
the following: ‘‘Evaluations may also include, to Secretary for Health, the Director of the Centers ‘‘(1) IN GENERAL.—Not later than 60 calendar
the extent practicable, information related to— for Disease Control and Prevention, the Director days after the receipt of a request under sub-
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‘‘(i) progress toward achieving any grant of the National Institutes of Health, and the section (b), the Secretary shall determine wheth-
metrics or outcomes related to reducing infant heads of other relevant Federal agencies, and er the new animal drug that is the subject of the
mortality rates, improving perinatal outcomes, relevant accrediting bodies and representative request meets the criteria described in subsection
or reducing the disparity in health status; organizations. (a). If the Secretary determines that the new
‘‘(ii) recommendations on potential improve- (d) REPORT TO CONGRESS.—Not later than 2 animal drug meets the criteria, the Secretary
ments that may assist with addressing gaps, as years after the date of enactment of this Act, shall designate the new animal drug as a pri-
applicable and appropriate; and the Secretary shall submit to the Committee on ority zoonotic animal drug and shall take such
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1759
actions as are appropriate to expedite the devel- as may be necessary for each of fiscal years 2011 (1) IN GENERAL.—Not later than 1 year after
opment and review of the application for ap- through 2014’’ and inserting ‘‘$48,924,000 for the date of enactment of this Act, the Secretary
proval or conditional approval of such new ani- each of fiscal years 2021 through 2025’’; of Health and Human Services (referred to in
mal drug. (4) in section 748 (42 U.S.C. 293k–2)— this Act as the ‘‘Secretary’’), in consultation
‘‘(2) ACTIONS.—The actions to expedite the de- (A) in subsection (c)(5), by striking ‘‘sub- with the Advisory Committee on Training in
velopment and review of an application under stance-related disorders’’ and inserting ‘‘sub- Primary Care Medicine and Dentistry and the
paragraph (1) may include, as appropriate— stance use disorders’’; and Advisory Council on Graduate Medical Edu-
‘‘(A) taking steps to ensure that the design of (B) in subsection (f), by striking ‘‘$30,000,000 cation, shall develop a comprehensive and co-
clinical trials is as efficient as practicable, when for fiscal year 2010 and such sums as may be ordinated plan with respect to the health care
scientifically appropriate, such as by utilizing necessary for each of fiscal years 2011 through workforce development programs of the Depart-
novel trial designs or drug development tools 2015’’ and inserting ‘‘$28,531,000 for each of fis- ment of Health and Human Services, including
(including biomarkers) that may reduce the cal years 2021 through 2025’’; education and training programs.
number of animals needed for studies; (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), (2) REQUIREMENTS.—The plan under para-
‘‘(B) providing timely advice to, and inter- by striking ‘‘Committee on Labor and Human graph (1) shall—
active communication with, the sponsor (which Resources of the Senate, and the Committee on (A) include performance measures to deter-
may include meetings with the sponsor and re- Commerce of the House of Representatives’’ and mine the extent to which the programs described
view team) regarding the development of the inserting ‘‘Committee on Health, Education, in paragraph (1) are strengthening the Nation’s
new animal drug to ensure that the development Labor, and Pensions of the Senate, and the health care system;
program to gather the nonclinical and clinical Committee on Energy and Commerce of the (B) identify any gaps that exist between the
data necessary for approval is as efficient as House of Representatives’’; outcomes of programs described in paragraph (1)
practicable; (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by and projected health care workforce needs iden-
‘‘(C) involving senior managers and review striking ‘‘$125,000,000 for each of the fiscal years tified in workforce projection reports conducted
staff with experience in zoonotic or vector-borne 2010 through 2014’’ and inserting ‘‘$41,250,000 by the Health Resources and Services Adminis-
disease to facilitate collaborative, cross-discipli- for each of fiscal years 2021 through 2025’’; tration;
nary review, including, as appropriate, across (7) in section 754(b)(1)(A) (42 U.S.C. (C) identify actions to address the gaps de-
agency centers; and 294d(b)(1)(A)), by striking ‘‘new and innova- scribed in subparagraph (B); and
‘‘(D) implementing additional administrative tive’’ and inserting ‘‘innovative or evidence- (D) identify barriers, if any, to implementing
or process enhancements, as necessary, to facili- based’’; the actions identified under subparagraph (C).
tate an efficient review and development pro- (8) in section 755(b)(1)(A) (42 U.S.C. (b) COORDINATION WITH OTHER AGENCIES.—
gram.’’. 294e(b)(1)(A)), by striking ‘‘the elderly’’ and in- The Secretary shall coordinate with the heads
PART IV—HEALTH CARE WORKFORCE serting ‘‘geriatric populations or for maternal of other Federal agencies and departments that
SEC. 3401. REAUTHORIZATION OF HEALTH PRO-
and child health’’; fund or administer health care workforce devel-
FESSIONS WORKFORCE PROGRAMS. (9) in section 761(e) (42 U.S.C. 294n(e))— opment programs, including education and
Title VII of the Public Health Service Act (42 (A) in paragraph (1)(A), by striking training programs, to—
U.S.C. 292 et seq.) is amended— ‘‘$7,500,000 for each of fiscal years 2010 through (1) evaluate the performance of such pro-
(1) in section 736 (42 U.S.C. 293), by striking 2014’’ and inserting ‘‘$5,663,000 for each of fiscal grams, including the extent to which such pro-
subsection (i) and inserting the following: years 2021 through 2025’’; and grams are efficient and effective and are meet-
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To (B) in paragraph (2), by striking ‘‘subsection ing the nation’s health workforce needs; and
carry out this section, there is authorized to be (a)’’ and inserting ‘‘paragraph (1)’’; (2) identify opportunities to improve the qual-
appropriated $23,711,000 for each of fiscal years (10) in section 762 (42 U.S.C. 294o)—
ity and consistency of the information collected
2021 through 2025.’’; (A) in subsection (a)(1), by striking ‘‘Com-
to evaluate within and across such programs,
(2) in section 740 (42 U.S.C. 293d)— mittee on Labor and Human Resources’’ and in-
and to implement such improvements.
(A) in subsection (a), by striking ‘‘$51,000,000 serting ‘‘Committee on Health, Education,
(c) REPORT.—Not later than 2 years after the
for fiscal year 2010, and such sums as may be Labor, and Pensions’’;
date of enactment of this Act, the Secretary
necessary for each of the fiscal years 2011 (B) in subsection (b)—
(i) in paragraph (2), by striking ‘‘Health Care shall submit to the Committee on Health, Edu-
through 2014’’ and inserting ‘‘$51,470,000 for cation, Labor, and Pensions of the Senate, and
each of fiscal years 2021 through 2025’’; Financing Administration’’ and inserting ‘‘Cen-
ters for Medicare & Medicaid Services’’; the Committee on Energy and Commerce of the
(B) in subsection (b), by striking ‘‘$5,000,000 House of Representatives, a report describing
for each of the fiscal years 2010 through 2014’’ (ii) by redesignating paragraphs (4) through
(6) as paragraphs (5) through (7), respectively; the plan developed under subsection (a) and ac-
and inserting ‘‘$1,190,000 for each of fiscal years tions taken to implement such plan.
2021 through 2025’’; and
(iii) by inserting after paragraph (3), the fol- SEC. 3403. EDUCATION AND TRAINING RELATING
(C) in subsection (c), by striking ‘‘$60,000,000 TO GERIATRICS.
for fiscal year 2010 and such sums as may be lowing:
‘‘(4) the Administrator of the Health Re- Section 753 of the Public Health Service Act
necessary for each of the fiscal years 2011
sources and Services Administration;’’; (42 U.S.C. 294c) is amended to read as follows:
through 2014’’ and inserting ‘‘$15,000,000 for
each of fiscal years 2021 through 2025’’; and (C) by striking subsections (i), (j), and (k) and ‘‘SEC. 753. EDUCATION AND TRAINING RELATING
inserting the following: TO GERIATRICS.
(D) in subsection (d), by striking ‘‘Not Later
than 6 months after the date of enactment of ‘‘(i) REPORTS.—Not later than September 30, ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT
this part, the Secretary shall prepare and sub- 2023, and not less than every 5 years thereafter, PROGRAM.—
mit to the appropriate committees of Congress’’ the Council shall submit to the Secretary, and to ‘‘(1) IN GENERAL.—The Secretary shall award
and inserting: ‘‘Not later than September 30, the Committee on Health, Education, Labor, grants, contracts, or cooperative agreements
2025, and every five years thereafter, the Sec- and Pensions of the Senate and the Committee under this subsection to entities described in
retary shall prepare and submit to the Com- on Energy and Commerce of the House of Rep- paragraph (1), (3), or (4) of section 799B, section
mittee on Health, Education, Labor, and Pen- resentatives, a report on the recommendations 801(2), or section 865(d), or other health profes-
sions of the Senate, and the Committee on En- described in subsection (a).’’; and sions schools or programs approved by the Sec-
ergy and Commerce of the House of Representa- (D) by redesignating subsection (l) as sub- retary, for the establishment or operation of
tives,’’; section (j); Geriatrics Workforce Enhancement Programs
(3) in section 747 (42 U.S.C. 293k)— (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), that meet the requirements of paragraph (2).
(A) in subsection (a)— by striking ‘‘that plans’’ and all that follows ‘‘(2) REQUIREMENTS.—
(i) in paragraph (1)(G), by striking ‘‘to plan, through the period and inserting ‘‘that plans, ‘‘(A) IN GENERAL.—A Geriatrics Workforce En-
develop, and operate a demonstration program develops, operates, and evaluates projects to im- hancement Program receiving an award under
that provides training’’ and inserting: ‘‘to plan, prove preventive medicine, health promotion this section shall support the training of health
develop, and operate a program that identifies and disease prevention, or access to and quality professionals in geriatrics, including
or develops innovative models of providing care, of health care services in rural or medically un- traineeships or fellowships. Such programs shall
and trains primary care physicians on such derserved communities.’’; emphasize, as appropriate, patient and family
models and’’; and (12) in section 770(a) (42 U.S.C. 295e(a)), by engagement, integration of geriatrics with pri-
(ii) by adding at the end the following: striking ‘‘$43,000,000 for fiscal year 2011, and mary care and other appropriate specialties,
‘‘(3) PRIORITIES IN MAKING AWARDS.—In such sums as may be necessary for each of the and collaboration with community partners to
awarding grants or contracts under paragraph fiscal years 2012 through 2015’’ and inserting address gaps in health care for older adults.
(1), the Secretary may give priority to qualified ‘‘$17,000,000 for each of fiscal years 2021 through ‘‘(B) ACTIVITIES.—Activities conducted by a
applicants that train residents in rural areas, 2025’’; and program under this section may include the fol-
dlhill on DSKBBY8HB2PROD with HOUSE
including for Tribes or Tribal Organizations in (13) in section 775(e) (42 U.S.C. 295f(e)), by lowing:
such areas.’’; striking ‘‘$30,000,000’’ and all that follows ‘‘(i) Clinical training on providing integrated
(B) in subsection (b)(3)(E), by striking ‘‘sub- through the period and inserting ‘‘such sums as geriatrics and primary care delivery services.
stance-related disorders’’ and inserting ‘‘sub- may be necessary for each of fiscal years 2021 ‘‘(ii) Interprofessional training to practi-
stance use disorders’’; and through 2025.’’. tioners from multiple disciplines and specialties,
(C) in subsection (c)(1), by striking SEC. 3402. HEALTH WORKFORCE COORDINATION. including training on the provision of care to
‘‘$125,000,000 for fiscal year 2010, and such sums (a) STRATEGIC PLAN.— older adults.
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H1760 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(iii) Establishing or maintaining training-re- VII Health Care Workforce Reauthorization Act shall seek to ensure geographical distribution
lated community-based programs for older of 2019 and every 5 years thereafter, the Sec- among award recipients, including among rural
adults and caregivers to improve health out- retary shall submit to the Committee on Health, or medically underserved areas of the United
comes for older adults. Education, Labor, and Pensions of the Senate States.
‘‘(iv) Providing education on Alzheimer’s dis- and the Committee on Energy and Commerce of ‘‘(5) AMOUNT AND DURATION.—
ease and related dementias to families and care- the House of Representatives a report that pro- ‘‘(A) AMOUNT.—The amount of an award
givers of older adults, direct care workers, and vides a summary of the activities and outcomes under this subsection shall be at least $75,000 for
health professions students, faculty, and pro- associated with grants, contracts, and coopera- fiscal year 2021, adjusted for subsequent years
viders. tive agreements made under this section. Such in accordance with the consumer price index.
‘‘(3) DURATION.—Each grant, contract, or co- reports shall include— The Secretary shall determine the amount of an
operative agreement or contract awarded under ‘‘(i) information on the number of trainees, award under this subsection for individuals who
paragraph (1) shall be for a period not to exceed faculty, and professionals who participated in are not physicians.
5 years. programs under this section; ‘‘(B) DURATION.—The Secretary shall make
‘‘(4) APPLICATIONS.—To be eligible to receive a ‘‘(ii) information on the impact of the program awards under paragraph (1) for a period not to
grant, contract, or cooperative agreement under conducted under this section on the health sta- exceed 5 years.
paragraph (1), an entity described in such para- tus of older adults, including in areas with a ‘‘(6) SERVICE REQUIREMENT.—An individual
graph shall submit to the Secretary an applica- shortage of health professionals; and who receives an award under this subsection
tion at such time, in such manner, and con- ‘‘(iii) information on outreach and education shall provide training in clinical geriatrics, in-
taining such information as the Secretary may provided under this section to families and care- cluding the training of interprofessional teams
require. givers of older adults. of health care professionals. The provision of
‘‘(5) PROGRAM REQUIREMENTS.— ‘‘(C) PUBLIC AVAILABILITY.—The Secretary such training shall constitute at least 75 percent
‘‘(A) IN GENERAL.—In awarding grants, con- shall make reports submitted under paragraph of the obligations of such individual under the
tracts, and cooperative agreements under para- (B) publically available on the internet website award.
graph (1), the Secretary— of the Department of Health and Human Serv- ‘‘(c) NONAPPLICABILITY OF PROVISION.—Not-
‘‘(i) shall give priority to programs that dem- ices. withstanding any other provision of this title,
onstrate coordination with another Federal or ‘‘(b) GERIATRIC ACADEMIC CAREER AWARDS.— section 791(a) shall not apply to awards made
State program or another public or private enti- ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec- under this section.
ty; retary shall, as appropriate, establish or main- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(ii) shall give priority to applicants with pro- tain a program to provide geriatric academic ca- There is authorized to be appropriated
grams or activities that are expected to substan- reer awards to eligible entities applying on be- $40,737,000 for each of fiscal years 2021 through
tially benefit rural or medically underserved half of eligible individuals to promote the career 2025 for purposes of carrying out this section.’’.
populations of older adults, or serve older adults development of such individuals as academic SEC. 3404. NURSING WORKFORCE DEVELOPMENT.
in Indian Tribes or Tribal organizations; and geriatricians or other academic geriatrics health
‘‘(iii) may give priority to any program that— (a) IN GENERAL.—Title VIII of the Public
professionals.
‘‘(I) integrates geriatrics into primary care Health Service Act (42 U.S.C. 296 et seq.) is
‘‘(2) ELIGIBILITY.—
practice; amended—
‘‘(A) ELIGIBLE ENTITY.—For purposes of this
‘‘(II) provides training to integrate geriatric (1) in section 801 (42 U.S.C. 296), by adding at
subsection, the term ‘eligible entity’ means—
care into other specialties across care settings, ‘‘(i) an entity described in paragraph (1), (3), the end the following:
including practicing clinical specialists, health or (4) of section 799B or section 801(2); or ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The
care administrators, faculty without back- ‘‘(ii) another accredited health professions term ‘nurse managed health clinic’ means a
grounds in geriatrics, and students from all school or graduate program approved by the nurse-practice arrangement, managed by ad-
health professions; Secretary. vanced practice nurses, that provides primary
‘‘(III) emphasizes integration of geriatric care ‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of care or wellness services to underserved or vul-
into existing service delivery locations and care this subsection, the term ‘eligible individual’ nerable populations and that is associated with
across settings, including primary care clinics, means an individual who— a school, college, university or department of
medical homes, Federally qualified health cen- ‘‘(i)(I) is board certified or board eligible in in- nursing, federally qualified health center, or
ters, ambulatory care clinics, critical access hos- ternal medicine, family practice, psychiatry, or independent nonprofit health or social services
pitals, emergency care, assisted living and nurs- licensed dentistry, or has completed required agency.’’;
ing facilities, and home- and community-based training in a discipline and is employed in an (2) in section 802(c) (42 U.S.C. 296a(c)), by in-
services, which may include adult daycare; accredited health professions school or graduate serting ‘‘, and how such project aligns with the
‘‘(IV) supports the training and retraining of program that is approved by the Secretary; or goals in section 806(a)’’ before the period in the
faculty, primary care providers, other direct ‘‘(II) has completed an approved fellowship second sentence;
care providers, and other appropriate profes- program in geriatrics, or has completed specialty (3) in section 803(b) (42 U.S.C. 296b(b)), by
sionals on geriatrics; training in geriatrics as required by the dis- adding at the end the following: ‘‘Such Federal
‘‘(V) emphasizes education and engagement of cipline and any additional geriatrics training as funds are intended to supplement, not supplant,
family caregivers on disease management and required by the Secretary; and existing non-Federal expenditures for such ac-
strategies to meet the needs of caregivers of ‘‘(ii) has a junior, nontenured, faculty ap- tivities.’’;
older adults; or pointment at an accredited health professions (4) in section 806 (42 U.S.C. 296e)—
‘‘(VI) proposes to conduct outreach to commu- school or graduate program in geriatrics or a (A) in subsection (a), by striking ‘‘as needed
nities that have a shortage of geriatric work- geriatrics health profession. to’’ and all that follows and inserting the fol-
force professionals. ‘‘(C) CLARIFICATION.—If an eligible individual lowing: ‘‘as needed to address national nursing
‘‘(B) SPECIAL CONSIDERATION.—In awarding is promoted during the period of an award needs, including—
grants, contracts, and cooperative agreements under this subsection and thereby no longer ‘‘(1) addressing challenges, including through
under this section, the Secretary shall give spe- meets the criteria of subparagraph (B)(ii), the supporting training and education of nursing
cial consideration to entities that provide serv- individual shall continue to be treated as an eli- students, related to the distribution of the nurs-
ices in areas with a shortage of geriatric work- gible individual through the term of the award. ing workforce and existing or projected nursing
force professionals. ‘‘(3) APPLICATION REQUIREMENTS.—In order to workforce shortages in geographic areas that
‘‘(6) PRIORITY.—The Secretary may provide receive an award under paragraph (1), an eligi- have been identified as having, or that are pro-
awardees with additional support for activities ble entity, on behalf of an eligible individual, jected to have, a nursing shortage;
in areas of demonstrated need, which may in- shall— ‘‘(2) increasing access to and the quality of
clude education and training for home health ‘‘(A) submit to the Secretary an application, health care services, including by supporting
workers, family caregivers, and direct care at such time, in such manner, and containing the training of professional registered nurses,
workers on care for older adults. such information as the Secretary may require; advanced practice registered nurses, and ad-
‘‘(7) REPORTING.— ‘‘(B) provide, in such form and manner as the vanced education nurses within community
‘‘(A) REPORTS FROM ENTITIES.—Each entity Secretary may require, assurances that the eligi- based settings and in a variety of health deliv-
awarded a grant, contract, or cooperative agree- ble individual will meet the service requirement ery system settings; or
ment under this section shall submit an annual described in paragraph (6); and ‘‘(3) addressing the strategic goals and prior-
report to the Secretary on the activities con- ‘‘(C) provide, in such form and manner as the ities identified by the Secretary and that are in
ducted under such grant, contract, or coopera- Secretary may require, assurances that the indi- accordance with this title.
tive agreement, which may include information vidual has a full-time faculty appointment in a Contracts may be entered into under this title
on the number of trainees, the number of profes- health professions institution and documented with public or private entities as determined
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sions and disciplines, the number of partner- commitment from such eligible entity that the necessary by the Secretary.’’;
ships with health care delivery sites, the number individual will spend 75 percent of the individ- (B) in subsection (b)(2), by striking ‘‘a dem-
of faculty and practicing professionals who par- ual’s time that is supported by the award on onstration’’ and all that follows and inserting
ticipated in such programs, and other informa- teaching and developing skills in interdiscipli- the following: ‘‘the reporting of data and infor-
tion, as the Secretary may require. nary education in geriatrics. mation demonstrating that satisfactory progress
‘‘(B) REPORT TO CONGRESS.—Not later than 4 ‘‘(4) EQUITABLE DISTRIBUTION.—In making has been made by the program or project in
years after the date of enactment of the Title awards under this subsection, the Secretary meeting the performance outcome standards (as
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1761
described in section 802) of such program or more accredited schools of nursing, to encourage tion 846 of the Public Health Service Act (42
project.’’; the mentoring and development of specialties.’’; U.S.C. 297n), such as the impact on entities to
(C) in subsection (e)(2), by inserting ‘‘, and (D) by striking subsections (e) and (h); which nurses had previously been assigned prior
have relevant expertise and experience’’ before (E) by redesignating subsections (f) and (g), to fiscal year 2019 (such as federally qualified
the period at the end of the first sentence; and as subsections (e) and (f), respectively; health centers and facilities affiliated with the
(D) by adding at the end the following: (F) in subsection (e) (as so redesignated), by Indian Health Service).
‘‘(i) BIENNIAL REPORT ON NURSING WORK- striking ‘‘The Secretary shall submit to the Con- (2) REPORT.—Not later than 18 months after
FORCE PROGRAM IMPROVEMENTS.—Not later gress before the end of each fiscal year’’ and in- the enactment of this Act, the Comptroller Gen-
than September 30, 2020, and biennially there- serting ‘‘As part of the report on nursing work- eral shall submit to the Committee on Health,
after, the Secretary shall submit to the Com- force programs described in section 806(i), the Education, Labor, and Pensions of the Senate
mittee on Health, Education, Labor, and Pen- Secretary shall include’’; and and the Committee on Energy and Commerce of
sions of the Senate and the Committee on En- (G) in subsection (f) (as so redesignated), by the House of Representatives, a report on the
ergy and Commerce of the House of Representa- striking ‘‘a school of nursing, as defined in sec- evaluation under paragraph (1), which may in-
tives, a report that contains an assessment of tion 801(2),,’’ and inserting ‘‘an accredited clude recommendations to improve relevant
the programs and activities of the Department of school of nursing, as defined in section 801(2), a nursing workforce loan repayment programs.
Health and Human Services related to enhanc- health care facility, including federally quali-
Subtitle B—Education Provisions
ing the nursing workforce, including the extent fied health centers or nurse-managed health
to which programs and activities under this title clinics, or a partnership of such a school and SEC. 3501. SHORT TITLE.
meet the identified goals and performance meas- facility’’; This subtitle may be cited as the ‘‘COVID–19
ures developed for the respective programs and (7) by striking section 831A (42 U.S.C. 296p–1); Pandemic Education Relief Act of 2020’’.
activities, and the extent to which the Depart- (8) in section 846 (42 U.S.C. 297n)— SEC. 3502. DEFINITIONS.
ment coordinates with other Federal depart- (A) by striking the last sentence of subsection
(a) DEFINITIONS.—In this subtitle:
ments regarding programs designed to improve (a);
(B) in subsection (b)(1), by striking ‘‘he began (1) CORONAVIRUS.—The term ‘‘coronavirus’’
the nursing workforce.’’;
such practice’’ and inserting ‘‘the individual has the meaning given the term in section 506 of
(5) in section 811 (42 U.S.C. 296j)—
began such practice’’; and the Coronavirus Preparedness and Response
(A) in subsection (b)—
(i) by striking ‘‘Master’s’’ and inserting (C) in subsection (i), by striking ‘‘FUNDING’’ in Supplemental Appropriations Act, 2020 (Public
‘‘graduate’’; and the subsection heading and all that follows Law 116–123).
(ii) by inserting ‘‘clinical nurse leaders,’’ after through ‘‘paragraph (1)’’ in paragraph (2), and (2) FOREIGN INSTITUTION.—The term ‘‘foreign
‘‘nurse administrators,’’; inserting the following: ‘‘ALLOCATIONS.—Of the institution’’ means an institution of higher edu-
(B) by redesignating subsections (f) and (g) as amounts appropriated under section 871(b),’’; cation located outside the United States that is
subsections (g) and (h), respectively; and (9) in section 846A (42 U.S.C. 247n–1), by strik- described in paragraphs (1)(C) and (2) of section
(C) by inserting after subsection (e), the fol- ing subsection (f); 102(a) of the Higher Education Act of 1965 (20
lowing: (10) in section 847 (42 U.S.C. 297o), by striking U.S.C. 1002(a)).
‘‘(f) AUTHORIZED CLINICAL NURSE SPECIALIST subsection (g); (3) INSTITUTION OF HIGHER EDUCATION.—The
PROGRAMS.—Clinical nurse specialist programs (11) in section 851 (42 U.S.C. 297t)— term ‘‘institution of higher education’’ has the
eligible for support under this section are edu- (A) in subsection (b)(1)(A)(iv), by striking meaning of the term under section 102 of the
cation programs that— ‘‘and nurse anesthetists’’ and inserting ‘‘nurse Higher Education Act of 1965 (20 U.S.C. 1002).
‘‘(1) provide registered nurses with full-time anesthetists, and clinical nurse specialists’’; (4) QUALIFYING EMERGENCY.—The term
clinical nurse specialist education; and (B) in subsection (d)(3)— ‘‘qualifying emergency’’ means—
‘‘(2) have as their objective the education of (i) by striking ‘‘3 years after the date of enact- (A) a public health emergency related to the
clinical nurse specialists who will, upon comple- ment of this section’’ and inserting ‘‘2 years coronavirus declared by the Secretary of Health
tion of such a program, be qualified to effec- after the date of enactment of the Title VIII and Human Services pursuant to section 319 of
tively provide care through the wellness and ill- Nursing Reauthorization Act’’; the Public Health Service Act (42 U.S.C. 247d);
ness continuum to inpatients and outpatients (ii) by striking ‘‘Labor and Human Re- (B) an event related to the coronavirus for
experiencing acute and chronic illness.’’; and sources’’ and inserting ‘‘Health, Education, which the President declared a major disaster or
(6) in section 831 (42 U.S.C. 296p)— Labor, and Pensions’’; and an emergency under section 401 or 501, respec-
(A) in the section heading, by striking ‘‘and (iii) by inserting ‘‘Energy and’’ before ‘‘Com- tively, of the Robert T. Stafford Disaster Relief
quality grants’’ and inserting ‘‘quality, and re- merce’’; and and Emergency Assistance Act (42 U.S.C. 5170
tention grants’’; (C) in subsection (g), by striking ‘‘under this and 5191); or
(B) in subsection (b)(2), by striking ‘‘other title’’ and inserting ‘‘for carrying out parts B, (C) a national emergency related to the
high-risk groups such as the elderly, individuals C, and D’’; coronavirus declared by the President under
with HIV/AIDS, substance abusers, the home- (12) by striking sections 861 and 862 (42 U.S.C. section 201 of the National Emergencies Act (50
less, and victims’’ and inserting ‘‘high risk 297w and 297x); and U.S.C. 1601 et seq.).
groups, such as the elderly, individuals with (13) in section 871 (42 U.S.C. 298d)— (5) SECRETARY.—The term ‘‘Secretary’’ means
HIV/AIDS, individuals with mental health or (A) by striking ‘‘For the purpose of’’ and in- the Secretary of Education.
substance use disorders, individuals who are serting the following:
SEC. 3503. CAMPUS-BASED AID WAIVERS.
homeless, and survivors’’; ‘‘(a) IN GENERAL.—For the purpose of’’;
(C) in subsection (c)(1)— (B) by striking ‘‘$338,000,000 for fiscal year (a) WAIVER OF NON-FEDERAL SHARE REQUIRE-
(i) in subparagraph (A)— 2010, and such sums as may be necessary for MENT.—Notwithstanding sections 413C(a)(2) and
(I) by striking ‘‘advancement for nursing per- each of the fiscal years 2011 through 2016’’ and 443(b)(5) of the Higher Education Act of 1965 (20
sonnel’’ and inserting the following: ‘‘advance- inserting ‘‘$137,837,000 for each of fiscal years U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with re-
ment for— 2021 through 2025’’; and spect to funds made available for award years
‘‘(i) nursing’’; (C) by adding at the end the following: 2019–2020 and 2020–2021, the Secretary shall
(II) by striking ‘‘professional nurses, ad- ‘‘(b) PART E.—For the purpose of carrying out waive the requirement that a participating insti-
vanced education nurses, licensed practical part E, there are authorized to be appropriated tution of higher education provide a non-Fed-
nurses, certified nurse assistants, and home $117,135,000 for each of the fiscal years 2021 eral share to match Federal funds provided to
health aides’’ and inserting ‘‘professional reg- through 2025.’’. the institution for the programs authorized pur-
istered nurses, advanced practice registered (b) EVALUATION AND REPORT ON NURSE LOAN suant to subpart 3 of part A and part C of title
nurses, and nurses with graduate nursing edu- REPAYMENT PROGRAMS.— IV of the Higher Education Act of 1965 (20
cation’’; and (1) EVALUATION.—The Comptroller General U.S.C. 1070b et seq. and 1087–51 et seq.) for all
(III) by adding at the end the following: shall conduct an evaluation of the nurse loan awards made under such programs during such
‘‘(ii) individuals including licensed practical repayment programs administered by the Health award years, except nothing in this subsection
nurses, licensed vocational nurses, certified Resources and Services Administration. Such shall affect the non-Federal share requirement
nurse assistants, home health aides, diploma de- evaluation shall include— under section 443(c)(3) that applies to private
gree or associate degree nurses, and other (A) the manner in which payments are made for-profit organizations.
health professionals, such as health aides or under such programs; (b) AUTHORITY TO REALLOCATE.—Notwith-
community health practitioners certified under (B) the existing oversight functions necessary standing sections 413D, 442, and 488 of the High-
the Community Health Aide Program of the In- to ensure the proper use of such programs, in- er Education Act of 1965 (20 U.S.C. 1070b–3,
dian Health Service, to become registered nurses cluding payments made as part of such pro- 1087–52, and 1095), during a period of a quali-
with baccalaureate degrees or nurses with grad- grams; fying emergency, an institution may transfer up
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uate nursing education;’’; (C) the identification of gaps, if any, in over- to 100 percent of the institution’s unexpended
(ii) in subparagraph (B), by striking the pe- sight functions; and allotment under section 442 of such Act to the
riod and inserting ‘‘; and’’; and (D) information on the number of nurses as- institution’s allotment under section 413D of
(iii) by adding at the end the following: signed to facilities pursuant to such programs, such Act, but may not transfer any funds from
‘‘(C) developing and implementing intern- including the type of facility to which nurses the institution’s unexpended allotment under
ships, accredited fellowships, and accredited are assigned and the impact of modifying the section 413D of such Act to the institution’s al-
residency programs in collaboration with one or eligibility requirements for programs under sec- lotment under section 442 of such Act.
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H1762 CONGRESSIONAL RECORD — HOUSE March 27, 2020
SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN factory academic progress for purposes of title
OPPORTUNITY GRANTS FOR EMER- USAGE LIMITS. IV of the Higher Education Act of 1965 (20
GENCY AID. Notwithstanding section 455(q)(3) of the High- U.S.C. 1070 et seq.), an institution of higher
(a) IN GENERAL.—Notwithstanding section er Education Act of 1965 (20 U.S.C. 1087e(q)(3)), education may, as a result of a qualifying emer-
413B of the Higher Education Act of 1965 (20 the Secretary shall exclude from a student’s pe- gency, exclude from the quantitative component
U.S.C. 1070b–1), an institution of higher edu- riod of enrollment for purposes of loans made of the calculation any attempted credits that
cation may reserve any amount of an institu- under part D of title IV of the Higher Education were not completed by such student without re-
tion’s allocation under subpart 3 of part A of Act of 1965 (20 U.S.C. 1087a et seq.) any semester quiring an appeal by such student.
title IV of the Higher Education Act of 1965 (20 (or the equivalent) that the student does not SEC. 3510. CONTINUING EDUCATION AT AF-
U.S.C. 1070b et seq.) for a fiscal year to award, complete due to a qualifying emergency, if the FECTED FOREIGN INSTITUTIONS.
in such fiscal year, emergency financial aid Secretary is able to administer such policy in a (a) IN GENERAL.—Notwithstanding section
grants to assist undergraduate or graduate stu- manner that limits complexity and the burden 481(b) of the Higher Education Act of 1965 (20
dents for unexpected expenses and unmet finan- on the student. U.S.C. 1088(b)), with respect to a foreign institu-
cial need as the result of a qualifying emer- tion, in the case of a public health emergency,
SEC. 3507. EXCLUSION FROM FEDERAL PELL
gency. GRANT DURATION LIMIT. major disaster or emergency, or national emer-
(b) DETERMINATIONS.—In determining eligi- gency declared by the applicable government
The Secretary shall exclude from a student’s
bility for and awarding emergency financial aid authorities in the country in which the foreign
Federal Pell Grant duration limit under section
grants under this section, an institution of high- institution is located, the Secretary may permit
401(c)(5) of the Higher Education Act of 1965 (2
er education may— any part of an otherwise eligible program to be
(1) waive the amount of need calculation U.S.C. 1070a(c)(5)) any semester (or the equiva-
lent) that the student does not complete due to offered via distance education for the duration
under section 471 of the Higher Education Act of such emergency or disaster and the following
of 1965 (20 U.S.C. 1087kk); a qualifying emergency if the Secretary is able
to administer such policy in a manner that lim- payment period for purposes of title IV of the
(2) allow for a student affected by a quali-
its complexity and the burden on the student. Higher Education Act of 1965 (20 U.S.C. 1070 et
fying emergency to receive funds in an amount
SEC. 3508. INSTITUTIONAL REFUNDS AND FED-
seq.).
that is not more than the maximum Federal Pell (b) ELIGIBILITY.—An otherwise eligible pro-
Grant for the applicable award year; and ERAL STUDENT LOAN FLEXIBILITY.
gram that is offered in whole or in part through
(3) utilize a contract with a scholarship-grant- (a) INSTITUTIONAL WAIVER.—
distance education by a foreign institution be-
ing organization designated for the sole purpose (1) IN GENERAL.—The Secretary shall waive
tween March 1, 2020, and the date of enactment
of accepting applications from or disbursing the institutional requirement under section 484B
of this Act shall be deemed eligible for the pur-
funds to students enrolled in the institution of of the Higher Education Act of 1965 (20 U.S.C.
poses of part D of title IV of the Higher Edu-
higher education, if such scholarship-granting 1091b) with respect to the amount of grant or
cation Act of 1965 (20 U.S.C. 1087a et seq.) for
organization disburses the full allocated amount loan assistance (other than assistance received the duration of the qualifying emergency and
provided to the institution of higher education under part C of title IV of such Act) to be re- the following payment period for purposes of
to the recipients. turned under such section if a recipient of as- title IV of the Higher Education Act of 1965 (20
(c) SPECIAL RULE.—Any emergency financial sistance under title IV of the Higher Education U.S.C. 1070 et seq.). An institution of higher
aid grants to students under this section shall Act of 1965 (20 U.S.C. 1070 et seq.) withdraws education that uses the authority provided in
not be treated as other financial assistance for from the institution of higher education during the previous sentence shall report such use to
the purposes of section 471 of the Higher Edu- the payment period or period of enrollment as a the Secretary—
cation Act of 1965 (20 U.S.C. 1087kk). result of a qualifying emergency. (1) for the 2019–2020 award year, not later
SEC. 3505. FEDERAL WORK-STUDY DURING A (2) WAIVERS.—The Secretary shall require than June 30, 2020; and
QUALIFYING EMERGENCY. each institution using a waiver relating to the (2) for an award year subsequent to the 2019–
(a) IN GENERAL.—In the event of a qualifying withdrawal of recipients under this subsection 2020 award year, not later than 30 days after
emergency, an institution of higher education to report the number of such recipients, the such use.
participating in the program under part C of amount of grant or loan assistance (other than (c) REPORT.—Not later than 180 days after the
title IV of the Higher Education Act of 1965 (20 assistance received under part C of title IV of date of enactment of this Act, and every 180
U.S.C. 1087–51 et seq.) may make payments such Act) associated with each such recipient, days thereafter for the duration of the quali-
under such part to affected work-study stu- and the total amount of grant or loan assistance fying emergency and the following payment pe-
dents, for the period of time (not to exceed one (other than assistance received under part C of riod, the Secretary shall submit to the author-
academic year) in which affected students were title IV of such Act) for which each institution izing committees (as defined in section 103 of the
unable to fulfill the students’ work-study obli- has not returned assistance under title IV to the Higher Education Act of 1965 (20 U.S.C. 1003)) a
gation for all or part of such academic year due Secretary. report that identifies each foreign institution
to such qualifying emergency, as follows: (b) STUDENT WAIVER.—The Secretary shall that carried out a distance education program
(1) Payments may be made under such part to waive the amounts that students are required to authorized under this section.
affected work-study students in an amount return under section 484B of the Higher Edu- (d) WRITTEN ARRANGEMENTS.—
equal to or less than the amount of wages such cation Act of 1965 (20 U.S.C. 1091b) with respect (1) IN GENERAL.—Notwithstanding section 102
students would have been paid under such part to Federal Pell Grants or other grant assistance of the Higher Education Act of 1965 (20 U.S.C.
had the students been able to complete the work if the withdrawals on which the returns are 1002), for the duration of a qualifying emer-
obligation necessary to receive work study based, are withdrawals by students who with- gency and the following payment period, the
funds, as a one time grant or as multiple pay- drew from the institution of higher education as Secretary may allow a foreign institution to
ments. a result of a qualifying emergency. enter into a written arrangement with an insti-
(2) Payments shall not be made to any student (c) CANCELING LOAN OBLIGATION.—Notwith- tution of higher education located in the United
who was not eligible for work study or was not standing any other provision of the Higher Edu- States that participates in the Federal Direct
completing the work obligation necessary to re- cation Act of 1965 (20 U.S.C. 1001 et seq.), the Loan Program under part D of title IV of the
ceive work study funds under such part prior to Secretary shall cancel the borrower’s obligation Higher Education Act of 1965 (20 U.S.C. 1087a et
the occurrence of the qualifying emergency. to repay the entire portion of a loan made under seq.) for the purpose of allowing a student of
(3) Any payments made to affected work- part D of title IV of such Act (20 U.S.C. 1087a the foreign institution who is a borrower of a
study students under this subsection shall meet et seq.) associated with a payment period for a loan made under such part to take courses from
the matching requirements of section 443 of the recipient of such loan who withdraws from the the institution of higher education located in
Higher Education Act of 1965 (20 U.S.C. 1087– institution of higher education during the pay- the United States.
53), unless such matching requirements are (2) FORM OF ARRANGEMENTS.—
ment period as a result of a qualifying emer- (A) PUBLIC OR OTHER NONPROFIT INSTITU-
waived by the Secretary. gency.
(b) DEFINITION OF AFFECTED WORK-STUDY TIONS.—A foreign institution that is a public or
(d) APPROVED LEAVE OF ABSENCE.—Notwith-
STUDENT.—In this section, the term ‘‘affected other nonprofit institution may enter into a
standing any other provision of the Higher Edu-
work-study student’’ means a student enrolled written arrangement under subsection (a) only
cation Act of 1965 (20 U.S.C. 1001 et seq.), for
at an eligible institution participating in the with an institution of higher education de-
purposes of receiving assistance under title IV of
program under part C of title IV of the Higher scribed in section 101 of such Act (20 U.S.C.
the Higher Education Act of 1965 (20 U.S.C. 1070
Education Act of 1965 (20 U.S.C. 1087–51 et seq.) 1001).
et seq.), an institution of higher education may, (B) OTHER INSTITUTIONS.—A foreign institu-
who—
as a result of a qualifying emergency, provide a tion that is a graduate medical school, nursing
(1) received a work-study award under section
student with an approved leave of absence that school, or a veterinary school and that is not a
443 of the Higher Education Act of 1965 (20
does not require the student to return at the public or other nonprofit institution may enter
U.S.C. 1087–53) for the academic year during
same point in the academic program that the into a written arrangement under subsection (a)
which a qualifying emergency occurred;
dlhill on DSKBBY8HB2PROD with HOUSE
(2) earned Federal work-study wages from student began the leave of absence if the stu- with an institution of higher education de-
such eligible institution for such academic year; dent returns within the same semester (or the scribed in section 101 or section 102 of such Act
and equivalent). (20 U.S.C. 1001 and 1002).
(3) was prevented from fulfilling the student’s SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. (3) REPORT ON USE.—An institution of higher
work-study obligation for all or part of such Notwithstanding section 484 of the Higher education that uses the authority described in
academic year due to such qualifying emer- Education Act of 1965 (20 U.S.C. 1091), in deter- paragraph (2) shall report such use to the Sec-
gency. mining whether a student is maintaining satis- retary—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1763
(A) for the 2019–2020 award year, not later (C) pursuant to section 1111(c)(5) of the Ele- the Secretary shall notify the Committee on
than June 30, 2020; and mentary and Secondary Education Act of 1965 Health, Education, Labor, and Pensions of the
(B) for an award year subsequent to the 2019– (20 U.S.C. 6311(c)(5)). Senate, the Committee on Appropriations of the
2020 award year, not later than 30 days after (4) LIMITATION.—Nothing in this section shall Senate, the Committee on Education and Labor
such use. be construed to allow the Secretary to waive of the House of Representatives, and the Com-
(4) REPORT FROM THE SECRETARY.—Not later any statutory or regulatory requirements under mittee on Appropriations of the House of Rep-
than 180 days after the date of enactment of this applicable civil rights laws. resentatives of such waiver.
Act, and every 180 days thereafter for the dura- (5) ACCOUNTABILITY AND IMPROVEMENT.—Any (3) PUBLICATION.—Not later than 30 days
tion of the qualifying emergency and the fol- school located in a State that receives a waiver after granting a waiver under this section, the
lowing payment period, the Secretary shall sub- under paragraph (1) and that is identified for Secretary shall publish a notice of the Sec-
mit to the authorizing committees (as defined in comprehensive support and improvement, tar- retary’s decision (including which waiver was
section 103 of the Higher Education Act of 1965 geted support and improvement, or additional granted and the reason for granting the waiver)
(20 U.S.C. 1003)) a report that identifies each targeted support in the 2019–2020 school year in the Federal Register and on the website of
foreign institution that entered into a written under section 1111(c)(4)(D) or section 1111(d)(2) the Department of Education.
arrangement authorized under subsection (a). of the Elementary and Secondary Education Act (4) REPORT.—Not later than 30 days after the
SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL of 1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall date of enactment of this Act, the Secretary
WAIVERS. maintain that identification status in the 2020– shall prepare and submit a report to the Com-
(a) IN GENERAL.—Notwithstanding any other 2021 school year and continue to receive sup- mittee on Health, Education, Labor, and Pen-
provision of law, the Secretary may, upon the ports and interventions consistent with the sions and the Committee on Appropriations of
request of a State educational agency or Indian school’s support and improvement plan in the the Senate, and the Committee on Education
tribe, waive any statutory or regulatory provi- 2020–2021 school year. and Labor and the Committee on Appropriations
sion described under paragraphs (1) and (2) of (c) STATE AND LOCAL REQUESTS FOR WAIV- of the House of Representatives, with rec-
subsection (b), and upon the request of a local ERS.— ommendations on any additional waivers under
educational agency, waive any statutory or reg- (1) IN GENERAL.—A State educational agency, the Individuals with Disabilities Education Act
ulatory provision described under paragraph (2) local educational agency, or Indian tribe that (20 U.S.C. 1401 et seq.), the Rehabilitation Act of
of subsection (b), if the Secretary determines desires a waiver from any statutory or regu- 1973 (29 U.S.C. 701 et seq.), the Elementary and
that such a waiver is necessary and appropriate latory provision described under subsection Secondary Education Act of 1965 (20 U.S.C. 6301
due to the emergency involving Federal primary (b)(2), may submit a waiver request to the Sec- et seq.), and the Carl D. Perkins Career and
responsibility determined to exist by the Presi- retary in accordance with this subsection. Technical Education Act of 2006 (20 U.S.C. 2301
dent under the section 501(b) of the Robert T. (2) REQUESTS SUBMITTED.—A request for a et seq.) the Secretary believes are necessary to
Stafford Disaster Relief and Emergency Assist- waiver under this subsection shall— be enacted into law to provide limited flexibility
ance Act (42 U.S.C. 5191(b)) with respect to the (A) identify the Federal programs affected by to States and local educational agencies to meet
Coronavirus Disease 2019 (COVID–19). the requested waiver; the needs of students during the emergency in-
(b) APPLICABLE PROVISIONS OF LAW.— (B) describe which Federal statutory or regu- volving Federal primary responsibility deter-
(1) STREAMLINED WAIVERS.—The Secretary latory requirements are to be waived; mined to exist by the President under section
shall create an expedited application process to (C) describe how the emergency involving Fed- 501(b) of the Robert T. Stafford Disaster Relief
request a waiver and the Secretary may waive eral primary responsibility determined to exist and Emergency Assistance Act (42 U.S.C.
any statutory or regulatory requirements for a by the President under the section 501(b) of the 5191(b)) with respect to the Coronavirus Disease
State educational agency (related to assess- Robert T. Stafford Disaster Relief and Emer- 2019 (COVID–19).
ments, accountability, and reporting require- gency Assistance Act (42 U.S.C. 5191(b)) with re- (e) TERMS.—In this section, the term ‘‘State
ments related to assessments and account- spect to the Coronavirus Disease 2019 (COVID– educational agency’’ includes the Bureau of In-
ability), if the Secretary determines that such a 19) prevents or otherwise restricts the ability of dian Education, and the term ‘‘local edu-
waiver is necessary and appropriate as de- the State, State educational agency, local edu- cational agency’’ includes Bureau of Indian
scribed in subsection (a), under the following cational agency, Indian tribe, or school to com- Education funded schools operated pursuant to
provisions of law: ply with such statutory or regulatory require- a grant under the Tribally Controlled Schools
(A) The following provisions under section ments; and Act of 1988 (25 U.S.C. 2501 et seq.), or a contract
1111 of the Elementary and Secondary Edu- (D) provide an assurance that the State edu- under the Indian Self-Determination and Edu-
cation Act of 1965 (20 U.S.C. 6311): cational agency, local educational agency, or cation Assistance Act (25 U.S.C. 5301 et seq.).
(i) Paragraphs (2) and (3) of subsection (b). Indian tribe will work to mitigate any negative
SEC. 3512. HBCU CAPITAL FINANCING.
(ii) Subsection (c)(4). effects, if any, that may occur as a result of the
requested waiver. (a) DEFERMENT PERIOD.—
(iii) Subparagraphs (C) and (D) of subsection
(3) SECRETARY APPROVAL.— (1) IN GENERAL.—Notwithstanding any provi-
(d)(2).
(A) IN GENERAL.—Except as provided under sion of title III of the Higher Education Act of
(iv) The following provisions under subsection
subparagraph (B), the Secretary shall approve 1965 (20 U.S.C. 1051 et seq.), or any regulation
(h) of such section 1111:
(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), (vii), or disapprove a waiver request submitted under promulgated under such title, the Secretary may
and (xi) of paragraph (1)(C). paragraph (1) not more than 30 days after the grant a deferment, for the duration of a quali-
(II) Paragraph (2)(C) with respect to the date on which such request is submitted. fying emergency, to an institution that has re-
waived requirements under subclause (I). (B) EXCEPTIONS.—The Secretary may dis- ceived a loan under part D of title III of such
(III) Clauses (i) and (ii) of paragraph (2)(C). approve a waiver request submitted under para- Act (20 U.S.C. 1066 et seq.).
(B) Section 421(b) of the General Education graph (1), only if the Secretary determines (2) TERMS.—During the deferment period
Provisions Act (20 U.S.C. 1225(b)). that— granted under this subsection—
(2) STATE AND LOCALLY-REQUESTED WAIV- (i) the waiver request does not meet the re- (A) the institution shall not be required to pay
ERS.—For a State educational agency, local edu- quirements of this section; any periodic installment of principal or interest
cational agency, or Indian tribe that receives (ii) the waiver is not permitted pursuant to required under the loan agreement for such
funds under a program authorized under the El- subsection (b)(2); or loan; and
ementary and Secondary Education Act of 1965 (iii) the description required under paragraph (B) the Secretary shall make principal and in-
(20 U.S.C. 6301 et seq.) that requests a waiver (2)(C) provides insufficient information to dem- terest payments otherwise due under the loan
under subsection (c), the Secretary may waive onstrate that the waiving of such requirements agreement.
statutory and regulatory requirements under is necessary or appropriate consistent with sub- (3) CLOSING.—At the closing of a loan deferred
any of the following provisions of such Act: section (a). under this subsection, terms shall be set under
(A) Section 1114(a)(1). (4) DURATION.—A waiver approved by the Sec- which the institution shall be required to repay
(B) Section 1118(a) and section 8521. retary under this section may be for a period not the Secretary for the payments of principal and
(C) Section 1127. to exceed the 2019–2020 academic year, except to interest made by the Secretary during the
(D) Section 4106(d). carry out full implementation of any mainte- deferment, on a schedule that begins upon re-
(E) Subparagraphs (C), (D), and (E) of section nance of effort waivers granted during the 2019– payment to the lender in full on the loan agree-
4106(e)(2). 2020 academic year. ment, except in no case shall repayment be re-
(F) Section 4109(b). (d) REPORTING AND PUBLICATION.— quired to begin before the date that is 1 full fis-
(G) The definition under section 8101(42) for (1) PUBLIC NOTICE.—A State educational cal year after the date that is the end of the
purposes of the Elementary and Secondary Edu- agency, Indian Tribe, or local educational agen- qualifying emergency.
cation Act of 1965 (20 U.S.C. 6301 et seq.). cy requesting a waiver under subsection (b)(2) (b) TERMINATION DATE.—
(3) APPLICABILITY TO CHARTER SCHOOLS.—Any shall provide the public and all local edu- (1) IN GENERAL.—The authority provided
dlhill on DSKBBY8HB2PROD with HOUSE
waivers issued by the Secretary under this sec- cational agencies in the State with notice of, under this section to grant a loan deferment
tion shall be implemented, as applicable— and the opportunity to comment on, the request under subsection (a) shall terminate on the date
(A) for all public schools, including public by posting information regarding the waiver re- on which the qualifying emergency is no longer
charter schools within the boundaries of the re- quest and the process for commenting on the in effect.
cipient of the waiver; State website. (2) DURATION.—Any provision of a loan agree-
(B) in accordance with State charter school (2) NOTIFYING CONGRESS.—Not later than 7 ment or insurance agreement modified by the
law; and days after granting a waiver under this section, authority under this section shall remain so
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H1764 CONGRESSIONAL RECORD — HOUSE March 27, 2020
modified for the duration of the period covered (4) and (11) of section 552a(e) of title 5, United National and Community Service Act of 1990 (42
by the loan agreement or insurance agreement. States Code (commonly known as the ‘‘Privacy U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Of-
(c) REPORT.—Not later than 180 days after the Act of 1974’’), except that the notices shall be ficer of the Corporation for National and Com-
date of enactment of this Act, and every 180 published not later than 180 days after the date munity Service may permit fixed-amount grant
days thereafter during the period beginning on of enactment of this Act. recipients under such section 129(l) to maintain
the first day of the qualifying emergency and (g) NOTICE TO BORROWERS AND TRANSITION a pro rata amount of grant funds, at the discre-
ending on September 30 of the fiscal year fol- PERIOD.—To inform borrowers of the actions tion of the Corporation for National and Com-
lowing the end of the qualifying emergency, the taken in accordance with this section and en- munity Service, for participants who exited,
Secretary shall submit to the authorizing com- sure an effective transition, the Secretary were suspended, or are serving in a limited ca-
mittees (as defined in section 103 of the Higher shall— pacity due to COVID–19, to enable the grant re-
Education Act of 1965 (20 U.S.C. 1003)) a report (1) not later than 15 days after the date of en- cipients to maintain operations and to accept
that identifies each institution that received as- actment of this Act, notify borrowers— participants.
sistance under this section. (A) of the actions taken in accordance with (d) EXTENSION OF TERMS AND AGE LIMITS.—
(d) FUNDING.—There is hereby appropriated, subsections (a) and (b) for whom payments have Notwithstanding any other provision of law, the
out of any money in the Treasury not otherwise been suspended and interest waived; Corporation for National and Community Serv-
appropriated, $62,000,000 to carry out this sec- (B) of the actions taken in accordance with ice may extend the term of service (for a period
tion. subsection (e) for whom collections have been not to exceed the 1-year period immediately fol-
SEC. 3513. TEMPORARY RELIEF FOR FEDERAL suspended; lowing the end of the national emergency) or
STUDENT LOAN BORROWERS. (C) of the option to continue making pay- waive any upper age limit (except in no case
(a) IN GENERAL.—The Secretary shall suspend ments toward principal; and shall the maximum age exceed 26 years of age)
all payments due for loans made under part D (D) that the program under this section is a
for national service programs carried out by the
and part B (that are held by the Department of temporary program.
(2) beginning on August 1, 2020, carry out a National Civilian Community Corps under sub-
Education) of title IV of the Higher Education title E of title I of the National and Community
program to provide not less than 6 notices by
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) Service Act of 1990 (42 U.S.C. 12611 et seq.), and
postal mail, telephone, or electronic communica-
through September 30, 2020. the participants in such programs, for the pur-
tion to borrowers indicating—
(b) NO ACCRUAL OF INTEREST.—Notwith- poses of—
(A) when the borrower’s normal payment obli-
standing any other provision of the Higher Edu- (1) addressing disruptions due to COVID–19;
gations will resume; and
cation Act of 1965 (20 U.S.C. 1001 et seq.), inter- (B) that the borrower has the option to enroll and
est shall not accrue on a loan described under in income-driven repayment, including a brief (2) minimizing the difficulty in returning to
subsection (a) for which payment was sus- description of such options. full operation due to COVID–19 on such pro-
pended for the period of the suspension. SEC. 3514. PROVISIONS RELATED TO THE COR- grams and participants.
(c) CONSIDERATION OF PAYMENTS.—Notwith- PORATION FOR NATIONAL AND COM- SEC. 3515. WORKFORCE RESPONSE ACTIVITIES.
standing any other provision of the Higher Edu- MUNITY SERVICE. (a) ADMINISTRATIVE COSTS.—Notwithstanding
cation Act of 1965 (20 U.S.C. 1001 et seq.), the (a) ACCRUAL OF SERVICE HOURS.— section 128(b)(4) of the Workforce Innovation
Secretary shall deem each month for which a (1) ACCRUAL THROUGH OTHER SERVICE Opportunity Act (29 U.S.C. 3163(b)(4)), of the
loan payment was suspended under this section HOURS.— total amount allocated to a local area (including
as if the borrower of the loan had made a pay- (A) IN GENERAL.—Notwithstanding any other the total amount allotted to a single State local
ment for the purpose of any loan forgiveness provision of the Domestic Volunteer Service Act area) under subtitle B of title I of such Act (29
program or loan rehabilitation program author- of 1973 (42 U.S.C. 4950 et seq.) or the National U.S.C. 3151 et seq.) for program year 2019, not
ized under part D or B of title IV of the Higher and Community Service Act of 1990 (42 U.S.C. more than 20 percent of the total amount may be
Education Act of 1965 (20 U.S.C. 1087a et seq.; 12501 et seq.), the Corporation for National and used for the administrative costs of carrying out
1071 et seq.) for which the borrower would have Community Service shall allow an individual de- local workforce investment activities under
otherwise qualified. scribed in subparagraph (B) to accrue other chapter 2 or chapter 3 of subtitle B of title I of
(d) REPORTING TO CONSUMER REPORTING service hours that will count toward the number such Act, if the portion of the total amount that
AGENCIES.—During the period in which the Sec- of hours needed for the individual’s education exceeds 10 percent of the total amount is used to
retary suspends payments on a loan under sub- award. respond to a qualifying emergency.
section (a), the Secretary shall ensure that, for (B) AFFECTED INDIVIDUALS.—Subparagraph (b) RAPID RESPONSE ACTIVITIES.—
the purpose of reporting information about the (A) shall apply to any individual serving in a (1) STATEWIDE RAPID RESPONSE.—Of the funds
loan to a consumer reporting agency, any pay- position eligible for an educational award under reserved by a Governor for program year 2019
ment that has been suspended is treated as if it subtitle D of title I of the National and Commu- for statewide activities under section 128(a) of
were a regularly scheduled payment made by a nity Service Act of 1990 (42 U.S.C. 12601 et the Workforce Innovation and Opportunity Act
borrower. seq.)— (29 U.S.C. 3163(a)) that remain unobligated,
(e) SUSPENDING INVOLUNTARY COLLECTION.— (i) who is performing limited service due to such funds may be used for statewide rapid re-
During the period in which the Secretary sus- COVID–19; or sponse activities as described in section
pends payments on a loan under subsection (a), (ii) whose position has been suspended or
134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A))
the Secretary shall suspend all involuntary col- placed on hold due to COVID–19.
for responding to a qualifying emergency.
lection related to the loan, including— (2) PROVISIONS IN CASE OF EARLY EXIT.—In
(2) LOCAL BOARDS.—Of the funds reserved by
(1) a wage garnishment authorized under sec- any case where an individual serving in a posi-
a Governor for program year 2019 under section
tion 488A of the Higher Education Act of 1965 tion eligible for an educational award under
133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that
(20 U.S.C. 1095a) or section 3720D of title 31, subtitle D of title I of the National and Commu-
remain unobligated, such funds may be released
United States Code; nity Service Act of 1990 (42 U.S.C. 12601 et seq.)
within 30 days after the date of enactment of
(2) a reduction of tax refund by amount of was required to exit the position early at the di-
this Act to the local boards most impacted by the
debt authorized under section 3720A of title 31, rection of the Corporation for National and
coronavirus at the determination of the Gov-
United States Code, or section 6402(d) of the In- Community Service, the Chief Executive Officer
ernor for rapid response activities related to re-
ternal Revenue Code of 1986; of the Corporation for National and Community
sponding to a qualifying emergency.
(3) a reduction of any other Federal benefit Service may—
(A) deem such individual as having met the (c) DEFINITIONS.—Except as otherwise pro-
payment by administrative offset authorized
requirements of the position; and vided, the terms in this section have the mean-
under section 3716 of title 31, United States Code
(B) award the individual the full value of the ings given the terms in section 3 of the Work-
(including a benefit payment due to an indi-
educational award under such subtitle for force Innovation and Opportunity Act (29
vidual under the Social Security Act or any
which the individual would otherwise have been U.S.C. 3102).
other provision described in subsection
(c)(3)(A)(i) of such section); and eligible. SEC. 3516. TECHNICAL AMENDMENTS.
(4) any other involuntary collection activity (b) AVAILABILITY OF FUNDS.—Notwith- (a) IN GENERAL.—
by the Secretary. standing any other provision of law, all funds (1) Section 6103(a)(3) of the Internal Revenue
(f) WAIVERS.—In carrying out this section, the made available to the Corporation for National Code of 1986, as amended by the FUTURE Act
Secretary may waive the application of— and Community Service under any Act, includ- (Public Law 116–91), is further amended by
(1) subchapter I of chapter 35 of title 44, ing the amounts appropriated to the Corpora- striking ‘‘(13), (16)’’ and inserting ‘‘(13)(A),
United States Code (commonly known as the tion under the headings ‘‘OPERATING EX- (13)(B), (13)(C), (13)(D)(i), (16)’’.
‘‘Paperwork Reduction Act’’); PENSES’’, ‘‘SALARIES AND EXPENSES’’, and ‘‘OF- (2) Section 6103(p)(3)(A) of such Code, as so
(2) the master calendar requirements under FICE OF THE INSPECTOR GENERAL’’ under the amended, is further amended by striking ‘‘(12),’’
section 482 of the Higher Education Act of 1965 heading ‘‘CORPORATION FOR NATIONAL AND and inserting ‘‘(12), (13)(A), (13)(B), (13)(C),
dlhill on DSKBBY8HB2PROD with HOUSE
(20 U.S.C. 1089); COMMUNITY SERVICE’’ under title IV of Division (13)(D)(i)’’.
(3) negotiated rulemaking under section 492 of A of the Further Consolidated Appropriations (3) Section 6103(p)(4) of such Code, as so
the Higher Education Act of 1965 (20 U.S.C. Act, 2020 (Public Law 116–94), shall remain amended, is further amended by striking ‘‘(13)
1098a); and available for the fiscal year ending September or (16)’’ each place it appears and inserting
(4) the requirement to publish the notices re- 30, 2021. ‘‘(13), or (16)’’.
lated to the system of records of the agency be- (c) NO REQUIRED RETURN OF GRANT FUNDS.— (4) Section 6103(p)(4) of such Code, as so
fore implementation required under paragraphs Notwithstanding section 129(l)(3)(A)(i) of the amended and as amended by paragraph (3), is
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1765
further amended by striking ‘‘(13)’’ each place it first day of the qualifying emergency and end- teaching service and completes a total of 5 years
appears and inserting ‘‘(13)(A), (13)(B), (13)(C), ing on September 30 of the fiscal year following of qualifying teaching service under such sec-
(13)(D)(i)’’. the end of the qualifying emergency, the Sec- tions, including qualifying teaching service per-
(5) Section 6103(l)(13)(C)(ii) of such Code, as retary shall submit to the authorizing commit- formed before, during, and after such qualifying
added by the FUTURE Act (Public Law 116–91), tees (as defined in section 103 of the Higher emergency.
is amended by striking ‘‘section 236A(e)(4)’’ and Education Act of 1965 (20 U.S.C. 1003)) a report Subtitle C—Labor Provisions
inserting ‘‘section 263A(e)(4)’’. that identifies each institution that received a SEC. 3601. LIMITATION ON PAID LEAVE.
(b) EFFECTIVE DATE.—The amendments made waiver or modification under this section.
Section 110(b)(2)(B) of the Family and Med-
by this section shall apply as if included in the SEC. 3518. AUTHORIZED USES AND OTHER MODI- ical Leave Act of 1993 (as added by the Emer-
enactment of the FUTURE Act (Public Law 116– FICATIONS FOR GRANTS.
gency Family and Medical Leave Expansion
91). (a) IN GENERAL.—The Secretary is authorized Act) is amended by striking clause (ii) and in-
SEC. 3517. WAIVER AUTHORITY AND REPORTING to modify the required and allowable uses of
REQUIREMENT FOR INSTITUTIONAL
serting the following:
funds for grants awarded under part A or B of ‘‘(ii) LIMITATION.—An employer shall not be
AID.
title III, chapter I or II of subpart 2 of part A required to pay more than $200 per day and
(a) WAIVER AUTHORITY.—Notwithstanding of title IV, title V, or subpart 4 of part A of title
any other provision of the Higher Education Act $10,000 in the aggregate for each employee for
VII of the Higher Education Act of 1965 (20 paid leave under this section.’’.
of 1965 (U.S.C. 1001 et seq.), unless enacted with U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.;
specific reference to this section, for any institu- SEC. 3602. EMERGENCY PAID SICK LEAVE ACT
1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an LIMITATION.
tion of higher education that was receiving as- institution of higher education or other grant
sistance under title III, title V, or subpart 4 of Section 5102 of the Emergency Paid Sick
recipient (not including individual recipients of Leave Act (division E of the Families First
part A of title VII of such Act (20 U.S.C. 1051 et Federal student financial assistance), at the re-
seq.; 1101 et seq.; 1136a et seq.) at the time of a Coronavirus Response Act) is amended by add-
quest of an institution of higher education or ing at the end the following:
qualifying emergency, the Secretary may, for other recipient of a grant (not including indi-
the period beginning on the first day of the ‘‘(f) LIMITATIONS.—An employer shall not be
vidual recipients of Federal student financial required to pay more than either—
qualifying emergency and ending on September assistance) as a result of a qualifying emer- ‘‘(1) $511 per day and $5,110 in the aggregate
30 of the fiscal year following the end of the gency, for the period beginning on the first day for each employee, when the employee is taking
qualifying emergency— of the qualifying emergency and ending on Sep-
(1) waive— leave for a reason described in paragraph (1),
tember 30 of the fiscal year following the end of (2), or (3) of section 5102(a); or
(A) the eligibility data requirements set forth the qualifying emergency.
in section 391(d) and 521(e) of the Higher Edu- ‘‘(2) $200 per day and $2,000 in the aggregate
(b) MATCHING REQUIREMENT MODIFICA- for each employee, when the employee is taking
cation Act of 1965 (20 U.S.C. 1068(d); 1103(e)); TIONS.—Notwithstanding any other provision of
(B) the wait-out period set forth in section leave for a reason described in paragraph (4),
the Higher Education Act of 1965 (20 U.S.C. 1001 (5), or (6) of section 5102(a).’’.
313(d) of the Higher Education Act of 1965 (20
et seq.), the Secretary is authorized to modify SEC. 3603. UNEMPLOYMENT INSURANCE.
U.S.C. 1059(d));
any Federal share or other financial matching Section 903(h)(2)(B) of the Social Security Act
(C) the allotment requirements under para-
requirement for a grant awarded on a competi- (42 U.S.C. 1103(h)(2)(B)), as added by section
graphs (2) and (3) of subsection 318(e) of the
tive basis or a grant awarded under part A or B 4102 of the Emergency Unemployment Insurance
Higher Education Act of 1965 (20 U.S.C.
of title III or subpart 4 of part A of title VII of Stabilization and Access Act of 2020, is amended
1059e(e)), and the reference to ‘‘the academic
the Higher Education Act of 1965 (20 U.S.C. 1057 to read as follows:
year preceding the beginning of that fiscal
et seq.; 1060 et seq.; 1136a et seq.) at the request ‘‘(B) The State ensures that applications for
year’’ under such section 318(e)(1);
(D) the allotment requirements under sub- of an institution of higher education or other unemployment compensation, and assistance
sections (b), (c), and (g) of section 324 of the grant recipient as a result of a qualifying emer- with the application process, are accessible, to
Higher Education Act of 1965 (20 U.S.C. 1063), gency, for the period beginning on the first day the extent practicable in at least two of the fol-
the reference to ‘‘the end of the school year pre- of the qualifying emergency and ending on Sep- lowing: in person, by phone, or online.’’.
ceding the beginning of that fiscal year’’ under tember 30 of the fiscal year following the end of SEC. 3604. OMB WAIVER OF PAID FAMILY AND
such section 324(a), and the reference to ‘‘the the qualifying emergency. PAID SICK LEAVE.
academic year preceding such fiscal year’’ (c) REPORTS.—Not later than 180 days after (a) FAMILY AND MEDICAL LEAVE ACT OF
under such section 324(h); the date of enactment of this Act, and every 180 1993.—Section 110(a) of title I of the Family and
(E) subparagraphs (A), (C), (D), and (E) of days thereafter for the duration of the period Medical Leave Act of 1993 (29 U.S.C. 2611 et
section 326(f)(3) of the Higher Education Act of beginning on the first day of the qualifying seq.) (as added by division C of the Families
1965 (20 U.S.C. 1063b(f)(3)), and references to emergency and ending on September 30 of the First Coronavirus Response Act) is amended by
‘‘previous year’’ under such section 326(f)(3)(B); fiscal year following the end of the qualifying adding at the end the following new paragraph:
(F) subparagraphs (A), (C), (D), and (E) of emergency, the Secretary shall submit to the au- ‘‘(4) The Director of the Office of Management
section 723(f)(3) and subparagraphs (A), (C), thorizing committees (as defined in section 103 and Budget shall have the authority to exclude
(D), and (E) of section 724(f)(3) of the Higher of the Higher Education Act of 1965 (20 U.S.C. for good cause from the requirements under sub-
Education Act of 1965 (20 U.S.C. 1136a(f)(3); 1003)) a report that identifies each institution of section (b) certain employers of the United
1136b(f)(3)), and references to ‘‘previous aca- higher education or other grant recipient that States Government with respect to certain cat-
demic year’’ under subparagraph (B) of such received a modification under this section. egories of Executive Branch employees.’’.
sections 723(f)(3) and 724(f)(3); and SEC. 3519. SERVICE OBLIGATIONS FOR TEACH- (b) EMERGENCY PAID SICK LEAVE ACT.—The
(G) the allotment restriction set forth in sec- ERS. Emergency Paid Sick Leave Act (division E of
tion 318(d)(4) and section 323(c)(2) of the Higher (a) TEACH GRANTS.—For the purpose of sec- the Families First Coronavirus Response Act) is
Education Act of 1965 (20 U.S.C. 1059e(d)(4); tion 420N of the Higher Education Act of 1965 amended by adding at the end the following
1062(c)(2)); and (20 U.S.C. 1070g–2), during a qualifying emer- new section:
(2) waive or modify any statutory or regu- gency, the Secretary— ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN
latory provision to ensure that institutions that (1) may modify the categories of extenuating EMPLOYEES.
were receiving assistance under title III, title V, circumstances under which a recipient of a ‘‘The Director of the Office of Management
or subpart 4 of part A of title VII of such Act grant under subpart 9 of part A of title IV of the and Budget shall have the authority to exclude
(20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) Higher Education Act of 1965 (20 U.S.C. 1070g et for good cause from the definition of employee
at the time of a qualifying emergency are not seq.) who is unable to fulfill all or part of the under section 5110(1) certain employees de-
adversely affected by any formula calculation recipient’s service obligation may be excused scribed in subparagraphs (E) and (F) of such
for fiscal year 2020 and for the period beginning from fulfilling that portion of the service obliga- section, including by exempting certain United
on the first day of the qualifying emergency and tion; and States Government employers covered by section
ending on September 30 of the fiscal year fol- (2) shall consider teaching service that, as a 5110(2)(A)(i)(V) from the requirements of this
lowing the end of the qualifying emergency, as result of a qualifying emergency, is part-time or title with respect to certain categories of Execu-
necessary. temporarily interrupted, to be full-time service tive Branch employees.’’.
(b) USE OF UNEXPENDED FUNDS.—Any funds and to fulfill the service obligations under such SEC. 3605. PAID LEAVE FOR REHIRED EMPLOY-
paid to an institution under title III, title V, or section 420N. EES.
subpart 4 of part A of title VII of the Higher (b) TEACHER LOAN FORGIVENESS.—Notwith- Section 110(a)(1)(A) of the Family and Med-
Education Act of 1965 (20 U.S.C. 1051 et seq.; standing section 428J or 460 of the Higher Edu- ical Leave Act of 1993, as added by section 3102
1101 et seq.; 1136a et seq.) and not expended or cation Act of 1965 (20 U.S.C. 1078–10; 1087j), the of the Emergency Family and Medical Leave
used for the purposes for which the funds were Secretary shall waive the requirements under Expansion Act, is amended to read as follows:
dlhill on DSKBBY8HB2PROD with HOUSE
paid to the institution during the 5-year period such sections that years of teaching service ‘‘(A) ELIGIBLE EMPLOYEE.—
following the date on which the funds were first shall be consecutive if— ‘‘(i) IN GENERAL.—In lieu of the definition in
paid to the institution, may be carried over and (1) the teaching service of a borrower is tem- sections 101(2)(A) and 101(2)(B)(ii), the term ‘eli-
expended during the succeeding 5-year period. porarily interrupted due to a qualifying emer- gible employee’ means an employee who has
(c) REPORT.—Not later than 180 days after the gency; and been employed for at least 30 calendar days by
date of enactment of this Act, and every 180 (2) after the temporary interruption due to a the employer with respect to whom leave is re-
days thereafter for the period beginning on the qualifying emergency, the borrower resumes quested under section 102(a)(1)(F).
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H1766 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(ii) RULE REGARDING REHIRED EMPLOYEES.— amended by striking ‘‘or a terroristic or military (c) EFFECTIVE DATE.—The amendments made
For purposes of clause (i), the term ‘employed action (as defined in section 692(c)(2) of such by this section shall apply to plan years begin-
for at least 30 calendar days’, used with respect Code), the Secretary may’’ and inserting ‘‘a ter- ning after December 31, 2018.
to an employee and an employer described in roristic or military action (as defined in section SEC. 3610. FEDERAL CONTRACTOR AUTHORITY.
clause (i), includes an employee who was laid 692(c)(2) of such Code), or a public health emer- Notwithstanding any other provision of law,
off by that employer not earlier than March 1, gency declared by the Secretary of Health and and subject to the availability of appropriations,
2020, had worked for the employer for not less Human Services pursuant to section 319 of the funds made available to an agency by this Act
than 30 of the last 60 calendar days prior to the Public Health Service Act, the Secretary may’’. or any other Act may be used by such agency to
employee’s layoff, and was rehired by the em- SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING modify the terms and conditions of a contract,
ployer.’’. RULES. or other agreement, without consideration, to
SEC. 3606. ADVANCE REFUNDING OF CREDITS. (a) DELAY IN PAYMENT OF MINIMUM REQUIRED reimburse at the minimum applicable contract
(a) PAYROLL CREDIT FOR REQUIRED PAID SICK CONTRIBUTIONS.—In the case of any minimum billing rates not to exceed an average of 40
LEAVE.—Section 7001 of division G of the Fami- required contribution (as determined under sec- hours per week any paid leave, including sick
lies First Coronavirus Response Act is amend- tion 430(a) of the Internal Revenue Code of 1986 leave, a contractor provides to keep its employ-
ed— and section 303(a) of the Employee Retirement ees or subcontractors in a ready state, including
(1) in subsection (b)(4)(A)— Income Security Act of 1974 (29 U.S.C. 1083(a))) to protect the life and safety of Government and
(A) by striking ‘‘(A) In general.—If the which (but for this section) would otherwise be contractor personnel, but in no event beyond
amount’’ and inserting ‘‘(A)(i) Credit is refund- due under section 430(j) of such Code (including September 30, 2020. Such authority shall apply
able.—If the amount’’; and quarterly contributions under paragraph (3) only to a contractor whose employees or sub-
(B) by adding at the end the following: thereof) and section 303(j) of such Act (29 U.S.C.
‘‘(ii) ADVANCING CREDIT.—In anticipation of contractors cannot perform work on a site that
1083(j)) (including quarterly contributions under has been approved by the Federal Government,
the credit, including the refundable portion
paragraph (3) thereof) during calendar year including a federally-owned or leased facility or
under clause (i), the credit may be advanced,
2020— site, due to facility closures or other restrictions,
according to forms and instructions provided by
(1) the due date for such contributions shall and who cannot telework because their job du-
the Secretary, up to an amount calculated
be January 1, 2021, and ties cannot be performed remotely during the
under subsection (a), subject to the limits under
(2) the amount of each such minimum required public health emergency declared on January
subsection (b), both calculated through the end
contribution shall be increased by interest ac- 31, 2020 for COVID–19: Provided, That the max-
of the most recent payroll period in the quar-
cruing for the period between the original due imum reimbursement authorized by this section
ter.’’;
(2) in subsection (f)— date (without regard to this section) for the con- shall be reduced by the amount of credit a con-
(A) in paragraph (4), by striking ‘‘, and’’ and tribution and the payment date, at the effective tractor is allowed pursuant to division G of Pub-
inserting a comma; rate of interest for the plan for the plan year lic Law 116–127 and any applicable credits a
(B) in paragraph (5), by striking the period at which includes such payment date. contractor is allowed under this Act.
the end and inserting ‘‘, and’’; and (b) BENEFIT RESTRICTION STATUS.—For pur- SEC. 3611. TECHNICAL CORRECTIONS.
(C) by adding at the end the following: poses of section 436 of the Internal Revenue (1) Section 110(a)(3) of the Family and Med-
‘‘(6) regulations or other guidance to permit Code of 1986 and section 206(g) of the Employee ical Leave Act of 1993 (as added by the Emer-
the advancement of the credit determined under Retirement Income Security Act of 1974 (29 gency and Medical Leave Expansion Act) is
subsection (a).’’; and U.S.C. 1056(g)), a plan sponsor may elect to amended by striking ‘‘553(d)(A)’’ and inserting
(3) by inserting after subsection (h) the fol- treat the plan’s adjusted funding target attain- ‘‘553(d)(3)’’.
lowing new subsection: ment percentage for the last plan year ending (2) Section 5111 of the Emergency Paid Sick
‘‘(i) TREATMENT OF DEPOSITS.—The Secretary before January 1, 2020, as the adjusted funding Leave Act (division E of the Families First
of the Treasury (or the Secretary’s delegate) target attainment percentage for plan years Coronavirus Response Act) is amended by strik-
shall waive any penalty under section 6656 of which include calendar year 2020. ing ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’.
the Internal Revenue Code of 1986 for any fail- SEC. 3609. APPLICATION OF COOPERATIVE AND (3) Section 110(c) of the Family and Medical
ure to make a deposit of the tax imposed by sec- SMALL EMPLOYER CHARITY PEN- Leave Act of 1993 (as added by the Emergency
tion 3111(a) or 3221(a) of such Code if the Sec- SION PLAN RULES TO CERTAIN
and Medical Leave Expansion Act) is amended
retary determines that such failure was due to CHARITABLE EMPLOYERS WHOSE
PRIMARY EXEMPT PURPOSE IS PRO- by striking ‘‘subsection (a)(2)(A)(iii)’’ and in-
the anticipation of the credit allowed under this
VIDING SERVICES WITH RESPECT TO serting ‘‘subsection (a)(2)(A)’’.
section.’’.
MOTHERS AND CHILDREN. (4) Section 3104 of the Emergency Family and
(b) PAYROLL CREDIT FOR REQUIRED PAID
(a) EMPLOYEE RETIREMENT INCOME SECURITY Medical Leave Expansion Act (division C of the
FAMILY LEAVE.—Section 7003 of division G of
ACT OF 1974.—Section 210(f)(1) of the Employee Families First Coronavirus Response Act) is
the Families First Coronavirus Response Act is
Retirement Income Security Act of 1974 (29 amended—
amended—
(1) in subsection (b)(3)— U.S.C. 1060(f)(1)) is amended— (A) by striking ‘‘110(a)(B)’’ and inserting
(A) by striking ‘‘If the amount’’ and inserting (1) by striking ‘‘or’’ at the end of subpara- ‘‘section 110(a)(1)(B) of the Family and Medical
‘‘(A) Credit is refundable.—If the amount’’; and graph (B); Leave Act of 1993’’; and
(B) by adding at the end the following: (2) by striking the period at the end of sub- (B) by striking ‘‘section 107(a) for a violation
‘‘(B) ADVANCING CREDIT.—In anticipation of paragraph (C)(iv) and inserting ‘‘; or’’; and of section 102(a)(1)(F) if the employer does not
the credit, including the refundable portion (3) by inserting after subparagraph (C) the meet the definition of employer set forth in Sec-
under subparagraph (A), the credit may be ad- following new subparagraph: tion 101(4)(A)(i)’’ and inserting ‘‘section 107(a)
vanced, according to forms and instructions pro- ‘‘(D) that, as of January 1, 2000, was main- of such Act for a violation of section
vided by the Secretary, up to an amount cal- tained by an employer— 102(a)(1)(F) of such Act if the employer does not
culated under subsection (a), subject to the lim- ‘‘(i) described in section 501(c)(3) of the Inter- meet the definition of employer set forth in sec-
its under subsection (b), both calculated nal Revenue Code of 1986, tion 101(4)(A)(i) of such Act’’.
through the end of the most recent payroll pe- ‘‘(ii) who has been in existence since at least (5) Section 5110(1) of the Emergency Paid Sick
riod in the quarter.’’; 1938, Leave Act (division E of the Families First
(2) in subsection (f)— ‘‘(iii) who conducts medical research directly Coronavirus Response Act) is amended—
(A) in paragraph (4), by striking ‘‘, and’’ and or indirectly through grant making, and (A) in the matter preceding subparagraph (A),
inserting a comma; ‘‘(iv) whose primary exempt purpose is to pro- by striking ‘‘terms’’ and inserting ‘‘term’’; and
(B) in paragraph (5), by striking the period at vide services with respect to mothers and chil- (B) in subparagraph (A)(i), by striking ‘‘para-
the end and inserting ‘‘, and’’; and dren.’’. graph (5)(A)’’ and inserting ‘‘paragraph
(C) by adding at the end the following: (b) INTERNAL REVENUE CODE OF 1986.—Section (2)(A)’’.
‘‘(6) regulations or other guidance to permit 414(y)(1) of the Internal Revenue Code of 1986 is (6) Section 5110(2)(B)(ii) of the Emergency
the advancement of the credit determined under amended— Paid Sick Leave Act (division E of the Families
subsection (a).’’; and (1) by striking ‘‘or’’ at the end of subpara- First Coronavirus Response Act) is amended by
(c) by inserting after subsection (h) the fol- graph (B); striking ‘‘clause (i)(IV)’’ and inserting ‘‘clause
lowing new subsection: (2) by striking the period at the end of sub- (i)(III)’’.
‘‘(i) TREATMENT OF DEPOSITS.—The Secretary paragraph (C)(iv) and inserting ‘‘; or’’; and (7) Section 110(a)(3) of the Family and Med-
of the Treasury (or the Secretary’s delegate) (3) by inserting after subparagraph (C) the ical Leave Act of 1993 (as added by the Emer-
shall waive any penalty under section 6656 of following new subparagraph: gency and Medical Leave Expansion Act) is
the Internal Revenue Code of 1986 for any fail- ‘‘(D) that, as of January 1, 2000, was main- amended—
ure to make a deposit of the tax imposed by sec- tained by an employer— (A) by striking ‘‘and’’ after the semicolon at
tion 3111(a) or 3221(a) of such Code if the Sec- ‘‘(i) described in section 501(c)(3), the end of subparagraph (A);
dlhill on DSKBBY8HB2PROD with HOUSE
retary determines that such failure was due to ‘‘(ii) who has been in existence since at least (B) by striking the period at end of subpara-
the anticipation of the credit allowed under this 1938, graph (B) and inserting ‘‘; and’’; and
section.’’. ‘‘(iii) who conducts medical research directly (C) by adding at the end the following:
SEC. 3607. EXPANSION OF DOL AUTHORITY TO or indirectly through grant making, and ‘‘(C) as necessary to carry out the purposes of
POSTPONE CERTAIN DEADLINES. ‘‘(iv) whose primary exempt purpose is to pro- this Act, including to ensure consistency be-
Section 518 of the Employee Retirement In- vide services with respect to mothers and chil- tween this Act and Division E and Division G of
come Security Act of 1974 (29 U.S.C. 1148) is dren.’’. the Families First Coronavirus Response Act.’’.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1767
(8) Section 5104(1) of the Emergency Paid Sick (1) in subsection (b)(8), by striking ‘‘to an in- SEC. 3705. TEMPORARY WAIVER OF REQUIRE-
Leave Act (division E of the Families First dividual by a qualified provider (as defined in MENT FOR FACE-TO-FACE VISITS BE-
TWEEN HOME DIALYSIS PATIENTS
Coronavirus Response Act) is amended by strik- subsection (g)(3))’’ and all that follows through
AND PHYSICIANS.
ing ‘‘and’’ after the semicolon and inserting the period and inserting ‘‘, the requirements of
‘‘or’’. section 1834(m).’’; and Section 1881(b)(3)(B) of the Social Security Act
(9) Section 5105 of the Emergency Paid Sick (2) in subsection (g), by striking paragraph (42 U.S.C. 1395rr(b)(3)(B)) is amended—
Leave Act (division E of the Families First (1) in clause (i), by striking ‘‘clause (ii)’’ and
(3).
Coronavirus Response Act) is amended by add- inserting ‘‘clauses (ii) and (iii)’’;
SEC. 3704. ENHANCING MEDICARE TELEHEALTH
ing at the end the following: (2) in clause (ii), in the matter preceding sub-
SERVICES FOR FEDERALLY QUALI-
‘‘(c) INVESTIGATIONS AND COLLECTION OF FIED HEALTH CENTERS AND RURAL clause (I), by striking ‘‘Clause (i)’’ and inserting
DATA.—The Secretary of Labor or his designee HEALTH CLINICS DURING EMER- ‘‘Except as provided in clause (iii), clause (i)’’;
may investigate and gather data to ensure com- GENCY PERIOD. and
pliance with this Act in the same manner as au- Section 1834(m) of the Social Security Act (42 (3) by adding at the end the following new
thorized by sections 9 and 11 of the Fair Labor U.S.C. 1395m(m)) is amended— clause:
Standards Act of 1938 (29 U.S.C. 209; 211).’’. (1) in the first sentence of paragraph (1), by ‘‘(iii) The Secretary may waive the provisions
striking ‘‘The Secretary’’ and inserting ‘‘Subject of clause (ii) during the emergency period de-
Subtitle D—Finance Committee scribed in section 1135(g)(1)(B).’’.
to paragraph (8), the Secretary’’;
SEC. 3701. EXEMPTION FOR TELEHEALTH SERV- SEC. 3706. USE OF TELEHEALTH TO CONDUCT
ICES.
(2) in paragraph (2)(A), by striking ‘‘The Sec-
retary’’ and inserting ‘‘Subject to paragraph (8), FACE-TO-FACE ENCOUNTER PRIOR
(a) IN GENERAL.—Paragraph (2) of section TO RECERTIFICATION OF ELIGI-
the Secretary’’; BILITY FOR HOSPICE CARE DURING
223(c) of the Internal Revenue Code of 1986 is
(3) in paragraph (4)— EMERGENCY PERIOD.
amended by adding at the end the following
(A) in subparagraph (A), by striking ‘‘The Section 1814(a)(7)(D)(i) of the Social Security
new subparagraph:
term’’ and inserting ‘‘Subject to paragraph (8), Act (42 U.S.C. 1395f(a)(7(D)(i)) is amended—
‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCT-
the term’’; and (1) by striking ‘‘a hospice’’ and inserting ‘‘(I)
IBLE FOR TELEHEALTH.—In the case of plan
(B) in subparagraph (F)(i), by striking ‘‘The subject to subclause (II), a hospice’’; and
years beginning on or before December 31, 2021,
term’’ and inserting ‘‘Subject to paragraph (8), (2) by inserting after subclause (I), as added
a plan shall not fail to be treated as a high de-
the term’’; and by paragraph (1), the following new subclause:
ductible health plan by reason of failing to have
a deductible for telehealth and other remote (4) by adding at the end the following new ‘‘(II) during the emergency period described in
care services.’’. paragraph: section 1135(g)(1)(B), a hospice physician or
(b) CERTAIN COVERAGE DISREGARDED.—Clause ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR nurse practitioner may conduct a face-to-face
FEDERALLY QUALIFIED HEALTH CENTERS AND encounter required under this clause via tele-
(ii) of section 223(c)(1)(B) of the Internal Rev-
RURAL HEALTH CLINICS DURING EMERGENCY PE- health, as determined appropriate by the Sec-
enue Code of 1986 is amended by striking ‘‘or
RIOD.— retary; and’’.
long-term care’’ and inserting ‘‘long-term care,
or (in the case of plan years beginning on or be- ‘‘(A) IN GENERAL.—During the emergency pe- SEC. 3707. ENCOURAGING USE OF TELECOMMUNI-
fore December 31, 2021) telehealth and other re- riod described in section 1135(g)(1)(B)— CATIONS SYSTEMS FOR HOME
mote care’’. ‘‘(i) the Secretary shall pay for telehealth HEALTH SERVICES FURNISHED DUR-
services that are furnished via a telecommuni- ING EMERGENCY PERIOD.
(c) EFFECTIVE DATE.—The amendments made
by this section shall take effect on the date of cations system by a Federally qualified health With respect to home health services (as de-
the enactment of this Act. center or a rural health clinic to an eligible tele- fined in section 1861(m) of the Social Security
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-
health individual enrolled under this part not- Act (42 U.S.C. 1395x(m)) that are furnished dur-
COUNTER MEDICAL PRODUCTS AS withstanding that the Federally qualified ing the emergency period described in section
QUALIFIED MEDICAL EXPENSES. health center or rural clinic providing the tele- 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
(a) HSAS.—Section 223(d)(2) of the Internal health service is not at the same location as the 5(g)(1)(B)), the Secretary of Health and Human
Revenue Code of 1986 is amended— beneficiary; Services shall consider ways to encourage the
(1) by striking the last sentence of subpara- ‘‘(ii) the amount of payment to a Federally use of telecommunications systems, including for
graph (A) and inserting the following: ‘‘For qualified health center or rural health clinic remote patient monitoring as described in sec-
purposes of this subparagraph, amounts paid that serves as a distant site for such a telehealth tion 409.46(e) of title 42, Code of Federal Regula-
for menstrual care products shall be treated as service shall be determined under subparagraph tions (or any successor regulations) and other
paid for medical care.’’; and (B); and communications or monitoring services, con-
(2) by adding at the end the following new ‘‘(iii) for purposes of this subsection— sistent with the plan of care for the individual,
subparagraph: ‘‘(I) the term ‘distant site’ includes a Feder- including by clarifying guidance and con-
‘‘(D) MENSTRUAL CARE PRODUCT.—For pur- ally qualified health center or rural health clin- ducting outreach, as appropriate.
poses of this paragraph, the term ‘menstrual ic that furnishes a telehealth service to an eligi- SEC. 3708. IMPROVING CARE PLANNING FOR
care product’ means a tampon, pad, liner, cup, ble telehealth individual; and MEDICARE HOME HEALTH SERVICES.
sponge, or similar product used by individuals ‘‘(II) the term ‘telehealth services’ includes a (a) PART A PROVISIONS.—Section 1814(a) of
with respect to menstruation or other genital- rural health clinic service or Federally qualified the Social Security Act (42 U.S.C. 1395f(a)) is
tract secretions.’’. health center service that is furnished using amended—
(b) ARCHER MSAS.—Section 220(d)(2)(A) of telehealth to the extent that payment codes cor- (1) in paragraph (2)—
such Code is amended by striking the last sen- responding to services identified by the Sec- (A) in the matter preceding subparagraph (A),
tence and inserting the following: ‘‘For purposes retary under clause (i) or (ii) of paragraph by inserting ‘‘, a nurse practitioner or clinical
of this subparagraph, amounts paid for men- (4)(F) are listed on the corresponding claim for nurse specialist (as such terms are defined in
strual care products (as defined in section such rural health clinic service or Federally section 1861(aa)(5)) who is working in accord-
223(d)(2)(D)) shall be treated as paid for medical qualified health center service. ance with State law, or a physician assistant
care.’’. ‘‘(B) SPECIAL PAYMENT RULE.— (as defined in section 1861(aa)(5)) who is work-
(c) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(i) IN GENERAL.—The Secretary shall develop ing in accordance with State law, who is’’ after
MENTS AND HEALTH REIMBURSEMENT ARRANGE- and implement payment methods that apply ‘‘in the case of services described in subpara-
MENTS.—Section 106 of such Code is amended by under this subsection to a Federally qualified graph (C), a physician’’; and
striking subsection (f) and inserting the fol- health center or rural health clinic that serves (B) in subparagraph (C)—
lowing new subsection: as a distant site that furnishes a telehealth serv- (i) by inserting ‘‘, a nurse practitioner, a clin-
‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE ice to an eligible telehealth individual during ical nurse specialist, or a physician assistant (as
PRODUCTS.—For purposes of this section and such emergency period. Such payment methods the case may be)’’ after ‘‘physician’’ the first 2
section 105, expenses incurred for menstrual care shall be based on payment rates that are similar times it appears; and
products (as defined in section 223(d)(2)(D)) to the national average payment rates for com- (ii) by striking ‘‘, and, in the case of a certifi-
shall be treated as incurred for medical care.’’. parable telehealth services under the physician cation made by a physician’’ and all that fol-
(d) EFFECTIVE DATES.— fee schedule under section 1848. Notwith- lows through ‘‘face-to-face encounter’’ and in-
(1) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.— standing any other provision of law, the Sec- serting ‘‘, and, in the case of a certification
The amendment made by subsections (a) and (b) retary may implement such payment methods made by a physician after January 1, 2010, or by
shall apply to amounts paid after December 31, through program instruction or otherwise. a nurse practitioner, clinical nurse specialist, or
2019. ‘‘(ii) EXCLUSION FROM FQHC PPS CALCULATION physician assistant (as the case may be) after a
(2) REIMBURSEMENTS.—The amendment made AND RHC AIR CALCULATION.—Costs associated date specified by the Secretary (but in no case
dlhill on DSKBBY8HB2PROD with HOUSE
by subsection (c) shall apply to expenses in- with telehealth services shall not be used to de- later than the date that is 6 months after the
curred after December 31, 2019. termine the amount of payment for Federally date of the enactment of the CARES Act), prior
SEC. 3703. INCREASING MEDICARE TELEHEALTH qualified health center services under the pro- to making such certification a physician, nurse
FLEXIBILITIES DURING EMERGENCY spective payment system under section 1834(o) or practitioner, clinical nurse specialist, or physi-
PERIOD. for rural health clinic services under the meth- cian assistant must document that a physician,
Section 1135 of the Social Security Act (42 odology for all-inclusive rates (established by nurse practitioner, clinical nurse specialist, cer-
U.S.C. 1320b–5) is amended— the Secretary) under section 1833(a)(3).’’. tified nurse-midwife (as defined in section
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H1768 CONGRESSIONAL RECORD — HOUSE March 27, 2020
1861(gg)) as authorized by State law, or physi- specialist, or physician assistant,’’ after ‘‘Janu- (b) EXTENSION OF DIRECT SPENDING REDUC-
cian assistant has had a face-to-face encoun- ary 1, 2019’’; and TIONS THROUGH FISCAL YEAR 2030.—Section
ter’’; (B) by inserting ‘‘, nurse practitioner, clinical 251A(6) of the Balanced Budget and Emergency
(2) in the third sentence— nurse specialist, or physician assistant’’ after Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is
(A) by striking ‘‘physician certification’’ and ‘‘of the physician’’. amended—
inserting ‘‘certification’’; (c) DEFINITION PROVISIONS.— (1) in subparagraph (B), in the matter pre-
(B) by inserting ‘‘(or in the case of regulations (1) HOME HEALTH SERVICES.—Section 1861(m) ceding clause (i), by striking ‘‘through 2029’’
to implement the amendments made by section of the Social Security Act (42 U.S.C. 1395x(m)) is and inserting ‘‘through 2030’’; and
3708 of the CARES Act, the Secretary shall pre- amended—
scribe regulations, which shall become effective (2) in subparagraph (C), in the matter pre-
(A) in the matter preceding paragraph (1)—
no later than 6 months after the date of the en- ceding clause (i), by striking ‘‘fiscal year 2029’’
(i) by inserting ‘‘, a nurse practitioner or a
actment of such Act)’’ after ‘‘1981’’; and and inserting ‘‘fiscal year 2030’’.
clinical nurse specialist (as those terms are de-
(C) by striking ‘‘a physician who’’ and insert- fined in subsection (aa)(5)), or a physician as- SEC. 3710. MEDICARE HOSPITAL INPATIENT PRO-
ing ‘‘a physician, nurse practitioner, clinical sistant (as defined in subsection (aa)(5))’’ after SPECTIVE PAYMENT SYSTEM ADD-ON
nurse specialist, or physician assistant who’’; ‘‘physician’’ the first place it appears; and PAYMENT FOR COVID–19 PATIENTS
(3) in the fourth sentence, by inserting ‘‘, DURING EMERGENCY PERIOD.
(ii) by inserting ‘‘, a nurse practitioner, a clin-
nurse practitioner, clinical nurse specialist, or ical nurse specialist, or a physician assistant’’ (a) IN GENERAL.—Section 1886(d)(4)(C) of the
physician assistant’’ after ‘‘physician’’; and after ‘‘physician’’ the second place it appears; Social Security Act (42 U.S.C. 1395ww(d)(4)(C))
(4) in the fifth sentence— and is amended by adding at the end the following
(A) by inserting ‘‘or no later than 6 months (B) in paragraph (3), by inserting ‘‘, a nurse new clause:
after the date of the enactment of the CARES practitioner, a clinical nurse specialist, or a ‘‘(iv)(I) For discharges occurring during the
Act for purposes of documentation for certifi- physician assistant’’ after ‘‘physician’’. emergency period described in section
cation and recertification made under para- (2) HOME HEALTH AGENCY.—Section 1861(o)(2) 1135(g)(1)(B), in the case of a discharge of an
graph (2) by a nurse practitioner, clinical nurse of the Social Security Act (42 U.S.C. 1395x(o)(2)) individual diagnosed with COVID–19, the Sec-
specialist, or physician assistant,’’ after ‘‘Janu- is amended— retary shall increase the weighting factor that
ary 1, 2019’’; and (A) by inserting ‘‘, nurse practitioners or clin- would otherwise apply to the diagnosis-related
(B) by inserting ‘‘, nurse practitioner, clinical ical nurse specialists (as those terms are defined group to which the discharge is assigned by 20
nurse specialist, or physician assistant’’ after in subsection (aa)(5)), certified nurse-midwives percent. The Secretary shall identify a dis-
‘‘of the physician’’. (as defined in subsection (gg)), or physician as- charge of such an individual through the use of
(b) PART B PROVISIONS.—Section 1835(a) of sistants (as defined in subsection (aa)(5))’’ after diagnosis codes, condition codes, or other such
the Social Security Act (42 U.S.C. 1395n(a)) is ‘‘physicians’’; and means as may be necessary.
amended— (B) by inserting ‘‘, nurse practitioner, clinical
(1) in paragraph (2)— ‘‘(II) Any adjustment under subclause (I)
nurse specialist, certified nurse-midwife, physi- shall not be taken into account in applying
(A) in the matter preceding subparagraph (A), cian assistant,’’ after ‘‘physician’’.
by inserting ‘‘, a nurse practitioner or clinical budget neutrality under clause (iii)
(3) COVERED OSTEOPOROSIS DRUG.—Section
nurse specialist (as those terms are defined in 1861(kk)(1) of the Social Security Act (42 U.S.C. ‘‘(III) In the case of a State for which the Sec-
section 1861(aa)(5)) who is working in accord- 1395x(kk)(1)) is amended by inserting ‘‘, nurse retary has waived all or part of this section
ance with State law, or a physician assistant practitioner or clinical nurse specialist (as those under the authority of section 1115A, nothing in
(as defined in section 1861(aa)(5)) who is work- terms are defined in subsection (aa)(5)), certified this section shall preclude such State from im-
ing in accordance with State law, who is’’ after nurse-midwife (as defined in subsection (gg)), or plementing an adjustment similar to the adjust-
‘‘in the case of services described in subpara- physician assistant (as defined in subsection ment under subclause (I).’’.
graph (A), a physician’’; and (aa)(5))’’ after ‘‘attending physician’’. (b) IMPLEMENTATION.—Notwithstanding any
(B) in subparagraph (A)— other provision of law, the Secretary may imple-
(d) HOME HEALTH PROSPECTIVE PAYMENT SYS-
(i) in each of clauses (ii) and (iii) of subpara- ment the amendment made by subsection (a) by
TEM PROVISIONS.—Section 1895 of the Social Se-
graph (A) by inserting ‘‘, a nurse practitioner, a program instruction or otherwise.
curity Act (42 U.S.C. 1395fff) is amended—
clinical nurse specialist, or a physician assistant
(1) in subsection (c)(1)— SEC. 3711. INCREASING ACCESS TO POST-ACUTE
(as the case may be)’’ after ‘‘physician’’; and
(A) by striking ‘‘(provided under section CARE DURING EMERGENCY PERIOD.
(ii) in clause (iv), by striking ‘‘after January
1842(r))’’; and
1, 2010’’ and all that follows through ‘‘face-to- (a) WAIVER OF IRF 3-HOUR RULE.—With re-
(B) by inserting ‘‘the nurse practitioner or
face encounter’’ and inserting ‘‘made by a phy- spect to inpatient rehabilitation services fur-
clinical nurse specialist (as those terms are de-
sician after January 1, 2010, or by a nurse prac- nished by a rehabilitation facility described in
fined in section 1861(aa)(5)), or the physician
titioner, clinical nurse specialist, or physician section 1886(j)(1) of the Social Security Act (42
assistant (as defined in section 1861(aa)(5))’’
assistant (as the case may be) after a date speci- U.S.C. 1395ww(j)(1)) during the emergency pe-
after ‘‘physician’’; and
fied by the Secretary (but in no case later than riod described in section 1135(g)(1)(B) of the So-
(2) in subsection (e)—
the date that is 6 months after the date of the cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
(A) in paragraph (1)(A), by inserting ‘‘a nurse
enactment of the CARES Act), prior to making the Secretary of Health and Human Services
practitioner or clinical nurse specialist, or a
such certification a physician, nurse practi- shall waive section 412.622(a)(3)(ii) of title 42,
physician assistant’’ after ‘‘physician’’; and
tioner, clinical nurse specialist, or physician as- Code of Federal Regulations (or any successor
(B) in paragraph (2)—
sistant must document that a physician, nurse regulations), relating to the requirement that
(i) in the heading, by striking ‘‘PHYSICIAN
practitioner, clinical nurse specialist, certified patients of an inpatient rehabilitation facility
CERTIFICATION’’ and inserting ‘‘RULE OF CON-
nurse-midwife (as defined in section 1861(gg)) as receive at least 15 hours of therapy per week.
STRUCTION REGARDING REQUIREMENT FOR CER-
authorized by State law, or physician assistant (b) WAIVER OF SITE-NEUTRAL PAYMENT RATE
TIFICATION’’; and
has had a face-to-face encounter’’; PROVISIONS FOR LONG-TERM CARE HOSPITALS.—
(ii) by striking ‘‘physician’’.
(2) in the third sentence, by inserting ‘‘, nurse With respect to inpatient hospital services fur-
(e) APPLICATION TO MEDICAID.—The amend-
practitioner, clinical nurse specialist, or physi- nished by a long-term care hospital described in
ments made under this section shall apply under
cian assistant (as the case may be)’’ after physi- section 1886(d)(1)(B)(iv) of the Social Security
title XIX of the Social Security Act in the same
cian; Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the
(3) in the fourth sentence— manner and to the same extent as such require-
ments apply under title XVIII of such Act or emergency period described in section
(A) by striking ‘‘physician certification’’ and 1135(g)(1)(B) of the Social Security Act (42
inserting ‘‘certification’’; regulations promulgated thereunder.
(f) EFFECTIVE DATE.—The Secretary of Health U.S.C. 1320b–5(g)(1)(B)), the Secretary of Health
(B) by inserting ‘‘(or in the case of regulations and Human Services shall waive the following
to implement the amendments made by section and Human Services shall prescribe regulations
to apply the amendments made by this section to provisions of section 1886(m)(6) of such Act (42
3708 of the CARES Act the Secretary shall pre- U.S.C. 1395ww(m)(6)):
scribe regulations which shall become effective items and services furnished, which shall be-
no later than 6 months after the enactment of come effective no later than 6 months after the (1) LTCH 50-PERCENT RULE.—Subparagraph
such Act)’’ after ‘‘1981’’; and date of the enactment of this legislation. The (C)(ii) of such section, relating to the payment
(C) by striking ‘‘a physician who’’ and insert- Secretary shall promulgate an interim final rule adjustment for long-term care hospitals that do
ing ‘‘a physician, nurse practitioner, clinical if necessary, to comply with the required effec- not have a discharge payment percentage for
nurse specialist, or physician assistant who’’; tive date. the period that is at least 50 percent.
(4) in the fifth sentence, by inserting ‘‘, nurse SEC. 3709. ADJUSTMENT OF SEQUESTRATION. (2) SITE-NEUTRAL IPPS PAYMENT RATE.—Sub-
practitioner, clinical nurse specialist, or physi- (a) TEMPORARY SUSPENSION OF MEDICARE SE- paragraph (A)(i) of such section, relating to the
dlhill on DSKBBY8HB2PROD with HOUSE
cian assistant’’ after ‘‘physician’’; and QUESTRATION.—During the period beginning on application of the site-neutral payment rate
(5) in the sixth sentence— May 1, 2020 and ending on December 31, 2020, (and payment shall be made to a long-term care
(A) by inserting ‘‘or no later than 6 months the Medicare programs under title XVIII of the hospital without regard to such section) for a
after the date of the enactment of the CARES Social Security Act (42 U.S.C. 1395 et seq.) shall discharge if the admission occurs during such
Act for purposes of documentation for certifi- be exempt from reduction under any sequestra- emergency period and is in response to the pub-
cation and recertification made under para- tion order issued before, on, or after the date of lic health emergency described in such section
graph (2) by a nurse practitioner, clinical nurse enactment of this Act. 1135(g)(1)(B).
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1769
SEC. 3712. REVISING PAYMENT RATES FOR DURA- SEC. 3714. REQUIRING MEDICARE PRESCRIPTION enue Code of 1986), or who are described in sub-
BLE MEDICAL EQUIPMENT UNDER DRUG PLANS AND MA–PD PLANS TO section (l)(1)(A) and are eligible for medical as-
THE MEDICARE PROGRAM THROUGH ALLOW DURING THE COVID–19 EMER-
sistance only because of subsection
DURATION OF EMERGENCY PERIOD. GENCY PERIOD FOR FILLS AND RE-
FILLS OF COVERED PART D DRUGS (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose
(a) RURAL AND NONCONTIGUOUS AREAS.—The FOR UP TO A 3-MONTH SUPPLY. eligibility for such assistance is limited by the
Secretary of Health and Human Services shall (a) IN GENERAL.—Section 1860D–4(b) of the State under clause (VII) in the matter following
implement section 414.210(g)(9)(iii) of title 42, Social Security Act (42 U.S.C. 1395w–104(b)) is subsection (a)(10)(G), shall not be treated as en-
Code of Federal Regulations (or any successor amended by adding at the end the following rolled in a Federal health care program for pur-
regulation), to apply the transition rule de- new paragraph: poses of this paragraph’’ before the period at
scribed in such section to all applicable items ‘‘(4) ENSURING ACCESS DURING COVID–19 PUBLIC the end.
and services furnished in rural areas and non- HEALTH EMERGENCY PERIOD.— SEC. 3717. CLARIFICATION REGARDING COV-
contiguous areas (as such terms are defined for ‘‘(A) IN GENERAL.—During the emergency pe- ERAGE OF COVID–19 TESTING PROD-
purposes of such section) as planned through UCTS.
riod described in section 1135(g)(1)(B), subject to
December 31, 2020, and through the duration of subparagraph (B), a prescription drug plan or Subparagraph (B) of section 1905(a)(3) of the
the emergency period described in section MA–PD plan shall, notwithstanding any cost Social Security Act (42 U.S.C. 1396d(a)(3)), as
1135(g)(1)(B) of the Social Security Act (42 and utilization management, medication ther- added by section 6004(a)(1)(C) of the Families
U.S.C. 1320b–5(g)(1)(B)), if longer. apy management, or other such programs under First Coronavirus Response Act (Public Law
(b) AREAS OTHER THAN RURAL AND NON- this part, permit a part D eligible individual en- 116–127), is amended by striking ‘‘that are ap-
CONTIGUOUS AREAS.—With respect to items and rolled in such plan to obtain in a single fill or proved, cleared, or authorized under section
services furnished on or after the date that is 30 refill, at the option of such individual, the total 510(k), 513, 515 or 564 of the Federal Food, Drug,
days after the date of the enactment of this Act, day supply (not to exceed a 90-day supply) pre- and Cosmetic Act’’.
the Secretary of Health and Human Services scribed for such individual for a covered part D SEC. 3718. AMENDMENTS RELATING TO REPORT-
shall apply section 414.210(g)(9)(iv) of title 42, ING REQUIREMENTS WITH RESPECT
drug.
TO CLINICAL DIAGNOSTIC LABORA-
Code of Federal Regulations (or any successor ‘‘(B) SAFETY EDIT EXCEPTION.—A prescription TORY TESTS.
regulation), as if the reference to ‘‘dates of serv- drug plan or MA–PD plan may not permit a
(a) REVISED REPORTING PERIOD FOR REPORT-
ice from June 1, 2018 through December 31, 2020, part D eligible individual to obtain a single fill
ING OF PRIVATE SECTOR PAYMENT RATES FOR
based on the fee schedule amount for the area is or refill inconsistent with an applicable safety
ESTABLISHMENT OF MEDICARE PAYMENT
equal to 100 percent of the adjusted payment edit.’’.
RATES.—Section 1834A(a)(1)(B) of the Social Se-
amount established under this section’’ were in- (b) IMPLEMENTATION.—Notwithstanding any
curity Act (42 U.S.C. 1395m–1(a)(1)(B)) is
stead a reference to ‘‘dates of service from other provision of law, the Secretary of Health
amended—
March 6, 2020, through the remainder of the du- and Human Services may implement the amend-
(1) in clause (i), by striking ‘‘December 31,
ration of the emergency period described in sec- ment made by this section by program instruc-
2020’’ and inserting ‘‘December 31, 2021’’; and
tion 1135(g)(1)(B) of the Social Security Act (42 tion or otherwise. (2) in clause (ii)—
U.S.C. 1320b–5(g)(1)(B)), based on the fee sched- SEC. 3715. PROVIDING HOME AND COMMUNITY- (A) by striking ‘‘January 1, 2021’’ and insert-
ule amount for the area is equal to 75 percent of BASED SERVICES IN ACUTE CARE
ing ‘‘January 1, 2022’’; and
the adjusted payment amount established under HOSPITALS.
(B) by striking ‘‘March 31, 2021’’ and insert-
this section and 25 percent of the unadjusted fee Section 1902(h) of the Social Security Act (42 ing ‘‘March 31, 2022’’.
schedule amount’’. U.S.C. 1396a(h)) is amended— (b) REVISED PHASE-IN OF REDUCTIONS FROM
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’; PRIVATE PAYOR RATE IMPLEMENTATION.—Sec-
SEC. 3713. COVERAGE OF THE COVID–19 VACCINE
UNDER PART B OF THE MEDICARE (2) by inserting ‘‘, home and community-based tion 1834A(b)(3) of the Social Security Act (42
PROGRAM WITHOUT ANY COST- services provided under subsection (c), (d), or (i) U.S.C. 1395m–1(b)(3)) is amended—
SHARING. of section 1915 or under a waiver or demonstra- (1) in subparagraph (A), by striking ‘‘through
tion project under section 1115, self-directed per- 2023’’ and inserting ‘‘through 2024’’; and
(a) MEDICAL AND OTHER HEALTH SERVICES.—
sonal assistance services provided pursuant to a (2) in subparagraph (B)—
Section 1861(s)(10)(A) of the Social Security Act
written plan of care under section 1915(j), and (A) in clause (i), by striking ‘‘and’’ at the end;
(42 U.S.C. 1395x(s)(10)(A)) is amended by insert-
home and community-based attendant services (B) by redesignating clause (ii) as clause (iii);
ing ‘‘, and COVID–19 vaccine and its adminis-
and supports under section 1915(k)’’ before the (C) by inserting after clause (i) the following
tration’’ after ‘‘influenza vaccine and its admin-
period; and new clause:
istration’’.
(3) by adding at the end the following: ‘‘(ii) for 2021, 0 percent; and’’; and
(b) PART B DEDUCTIBLE.—The first sentence ‘‘(2) Nothing in this title, title XVIII, or title (D) in clause (iii), as redesignated by subpara-
of section 1833(b) of the Social Security Act (42 XI shall be construed as prohibiting receipt of graph (B), by striking ‘‘2021 through 2023’’ and
U.S.C. 1395l(b)) is amended— any care or services specified in paragraph (1) inserting ‘‘2022 through 2024’’.
(1) in paragraph (10), by striking ‘‘and’’ at in an acute care hospital that are— SEC. 3719. EXPANSION OF THE MEDICARE HOS-
the end; and ‘‘(A) identified in an individual’s person-cen- PITAL ACCELERATED PAYMENT PRO-
tered service plan (or comparable plan of care); GRAM DURING THE COVID–19 PUB-
(2) in paragraph (11), by striking the period at
‘‘(B) provided to meet needs of the individual LIC HEALTH EMERGENCY.
the end and inserting ‘‘, and (12) such deduct-
that are not met through the provision of hos- Section 1815 of the Social Security Act (42
ible shall not apply with respect a COVID–19
pital services; U.S.C. 1395g) is amended—
vaccine and its administration described in sec-
‘‘(C) not a substitute for services that the hos- (1) in subsection (e)(3), by striking ‘‘In the
tion 1861(s)(10)(A).’’.
pital is obligated to provide through its condi- case’’ and inserting ‘‘Subject to subsection (f),
(c) MEDICARE ADVANTAGE.—Section tions of participation or under Federal or State in the case’’; and
1852(a)(1)(B) of the Social Security Act (42 law, or under another applicable requirement; (2) by adding at the end the following new
U.S.C. 1395w–22(a)(1)(B)) is amended— and subsection:
(1) in clause (iv)— ‘‘(D) designed to ensure smooth transitions be- ‘‘(f)(1) During the emergency period described
tween acute care settings and home and commu- in section 1135(g)(1)(B), the Secretary shall ex-
(A) by redesignating subclause (VI) as sub-
nity-based settings, and to preserve the individ- pand the program under subsection (e)(3) pursu-
clause (VII); and
ual’s functional abilities.’’. ant to paragraph (2).
(B) by inserting after subclause (V) the fol- SEC. 3716. CLARIFICATION REGARDING UNIN- ‘‘(2) In expanding the program under sub-
lowing new subclause: SURED INDIVIDUALS. section (e)(3), the following shall apply:
‘‘(VI) A COVID–19 vaccine and its adminis- Subsection (ss) of section 1902 of the Social Se- ‘‘(A)(i) In addition to the hospitals described
tration described in section 1861(s)(10)(A).’’; and curity Act (42 U.S.C. 1396a), as added by section in subsection (e)(3), the following hospitals shall
(2) in clause (v), by striking ‘‘subclauses (IV) 6004(a)(3)(C) of the Families First Coronavirus be eligible to participate in the program:
and (V)’’ inserting ‘‘subclauses (IV), (V), and Response Act, is amended— ‘‘(I) Hospitals described in clause (iii) of sec-
(VI)’’. (1) in paragraph (1), by inserting ‘‘(excluding tion 1886(d)(1)(B).
subclause (VIII) of such subsection if the indi- ‘‘(II) Hospitals described in clause (v) of such
(d) EFFECTIVE DATE.—The amendments made vidual is a resident of a State which does not section.
by this section shall take effect on the date of furnish medical assistance to individuals de- ‘‘(III) Critical access hospitals (as defined in
enactment of this Act and shall apply with re- scribed in such subclause)’’ before the semi- section 1861(mm)(1)).
spect to a COVID–19 vaccine beginning on the colon; and ‘‘(ii) Subject to appropriate safeguards
date that such vaccine is licensed under section (2) in paragraph (2), by inserting ‘‘, except against fraud, waste, and abuse, upon a request
351 of the Public Health Service Act (42 U.S.C.
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that individuals who are eligible for medical as- of a hospital described in clause (i), the Sec-
262). sistance under subsection (a)(10)(A)(ii)(XII), retary shall provide accelerated payments under
(e) IMPLEMENTATION.—Notwithstanding any subsection (a)(10)(A)(ii)(XVIII), subsection the program to such hospital.
other provision of law, the Secretary may imple- (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but ‘‘(B) Upon the request of the hospital, the
ment the provisions of, and the amendments only to the extent such an individual is consid- Secretary may do any of the following:
made by, this section by program instruction or ered to not have minimum essential coverage ‘‘(i) Make accelerated payments on a periodic
otherwise. under section 5000A(f)(1) of the Internal Rev- or lump sum basis.
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H1770 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(ii) Increase the amount of payment that (Public Law 111–148), section 610 of the Amer- (b) RULE OF CONSTRUCTION.—Nothing in sec-
would otherwise be made to hospitals under the ican Taxpayer Relief Act of 2012 (Public Law tion 2404 of Public Law 111–148 (42 U.S.C. 1396r–
program up to 100 percent (or, in the case of 112–240), section 1110 of the Pathway for SGR 5 note) or section 1902(a)(17) or 1924 of the So-
critical access hospitals, up to 125 percent). Reform Act of 2013 (Public Law 113–67), section cial Security Act (42 U.S.C. 1396a(a)(17), 1396r–
‘‘(iii) Extend the period that accelerated pay- 110 of the Protecting Access to Medicare Act of 5) shall be construed as prohibiting a State
ments cover so that it covers up to a 6-month pe- 2014 (Public Law 113–93), section 208 of the from—
riod. Medicare Access and CHIP Reauthorization Act (1) applying an income or resource disregard
‘‘(C) Upon the request of the hospital, the Sec- of 2015 (Public Law 114–10), section 50207 of di- under a methodology authorized under section
retary shall do the following: vision E of the Bipartisan Budget Act of 2018 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))—
‘‘(i) Provide up to 120 days before claims are (Public Law 115–123), section 1402 of division B (A) to the income or resources of an individual
offset to recoup the accelerated payment. of the Continuing Appropriations Act, 2020, and described in section 1902(a)(10)(A)(ii)(VI) of
‘‘(ii) Allow not less than 12 months from the Health Extenders Act of 2019 (Public Law 116– such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (in-
date of the first accelerated payment before re- 59), section 1402 of division B of the Further cluding a disregard of the income or resources of
quiring that the outstanding balance be paid in Continuing Appropriations Act, 2020, and Fur- such individual’s spouse); or
full. ther Health Extenders Act of 2019 (Public Law (B) on the basis of an individual’s need for
‘‘(3) Nothing in this subsection shall preclude 116–69), and section 103 of division N of the Fur- home and community-based services authorized
the Secretary from carrying out the provisions ther Consolidated Appropriations Act, 2020 under subsection (c), (d), (i), or (k) of section
described in clauses (i), (ii), and (iii) of para- (Public Law 116–94) is amended by striking 1915 of such Act (42 U.S.C. 1396n) or under sec-
graph (2)(B) and clauses (i) and (ii) of para- clauses (x) through (xii) and inserting the fol- tion 1115 of such Act (42 U.S.C. 1315); or
graph (2)(C) under the program under sub- lowing new clauses: (2) disregarding an individual’s spousal in-
section (e)(3) after the period for which this sub- ‘‘(x) for fiscal year 2020, of $13,000,000; and come and assets under a plan amendment to
section applies. ‘‘(xi) for the period beginning on October 1, provide medical assistance for home and commu-
‘‘(4) Notwithstanding any other provision of 2020, and ending on November 30, 2020, the nity-based services for individuals by reason of
law, the Secretary may implement the provisions amount equal to the pro rata portion of the being determined eligible under section
of this subsection by program instruction or oth- amount appropriated for such period for fiscal 1902(a)(10)(C) of such Act (42 U.S.C.
erwise.’’. year 2020.’’. 1396a(a)(10)(C)) or by reason of section 1902(f) of
SEC. 3720. DELAYING REQUIREMENTS FOR EN- (2) ADDITIONAL FUNDING FOR AREA AGENCIES such Act (42 U.S.C. 1396a(f)) or otherwise on the
HANCED FMAP TO ENABLE STATE ON AGING.—Subsection (b)(1)(B) of such section basis of a reduction of income based on costs in-
LEGISLATION NECESSARY FOR COM- 119, as so amended, is amended by striking curred for medical or other remedial care under
PLIANCE. clauses (x) through (xii) and inserting the fol- which the State disregarded the income and as-
Section 6008 of the Families First Coronavirus lowing new clauses: sets of the individual’s spouse in determining
Response Act is amended by adding at the end ‘‘(x) for fiscal year 2020, of $7,500,000; and the initial and ongoing financial eligibility of
the following new subsection: ‘‘(xi) for the period beginning on October 1, an individual for such services in place of the
‘‘(d) DELAY IN APPLICATION OF PREMIUM RE- 2020, and ending on November 30, 2020, the spousal impoverishment provisions applied
QUIREMENT.—During the 30 day period begin- amount equal to the pro rata portion of the under section 1924 of such Act (42 U.S.C. 1396r–
ning on the date of enactment of this Act, a amount appropriated for such period for fiscal 5).
State shall not be ineligible for the increase to year 2020.’’. SEC. 3813. DELAY OF DSH REDUCTIONS.
the Federal medical assistance percentage of the (3) ADDITIONAL FUNDING FOR AGING AND DIS- Section 1923(f)(7)(A) of the Social Security Act
State described in subsection (a) on the basis ABILITY RESOURCE CENTERS.—Subsection (42 U.S.C. 1396r–4(f)(7)(A)) is amended—
that the State imposes a premium that violates (c)(1)(B) of such section 119, as so amended, is (1) in clause (i), in the matter preceding sub-
the requirement of subsection (b)(2) if such pre- amended by striking clauses (x) through (xii) clause (I), by striking ‘‘May 23, 2020, and end-
mium was in effect on the date of enactment of and inserting the following new clauses: ing September 30, 2020, and for each of fiscal
this Act.’’. ‘‘(x) for fiscal year 2020, of $5,000,000; and years 2021’’ and inserting ‘‘December 1, 2020,
‘‘(xi) for the period beginning on October 1, and ending September 30, 2021, and for each of
Subtitle E—Health and Human Services
2020, and ending on November 30, 2020, the fiscal years 2022’’; and
Extenders
amount equal to the pro rata portion of the (2) in clause (ii)—
PART I—MEDICARE PROVISIONS amount appropriated for such period for fiscal (A) in subclause (I), by striking ‘‘May 23,
SEC. 3801. EXTENSION OF THE WORK GEO- year 2020.’’. 2020, and ending September 30, 2020’’ and insert-
GRAPHIC INDEX FLOOR UNDER THE (4) ADDITIONAL FUNDING FOR CONTRACT WITH ing ‘‘December 1, 2020, and ending September 30,
MEDICARE PROGRAM. THE NATIONAL CENTER FOR BENEFITS AND OUT- 2021’’; and
Section 1848(e)(1)(E) of the Social Security Act REACH ENROLLMENT.—Subsection (d)(2) of such (B) in subclause (II), by striking ‘‘2021’’ and
(42 U.S.C. 1395w–4(e)(1)(E)) is amended by strik- section 119, as so amended, is amended by strik- inserting ‘‘2022’’.
ing ‘‘May 23, 2020’’ and inserting ‘‘December 1, ing clauses (x) through (xii) and inserting the SEC. 3814. EXTENSION AND EXPANSION OF COM-
2020’’. following new clauses: MUNITY MENTAL HEALTH SERVICES
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY ‘‘(x) for fiscal year 2020, of $12,000,000; and DEMONSTRATION PROGRAM.
MEASURE ENDORSEMENT, INPUT, ‘‘(xi) for the period beginning on October 1, (a) IN GENERAL.—Section 223(d) of the Pro-
AND SELECTION. 2020, and ending on November 30, 2020, the tecting Access to Medicare Act of 2014 (42 U.S.C.
(a) IN GENERAL.—Section 1890(d)(2) of the So- amount equal to the pro rata portion of the 1396a note) is amended—
cial Security Act (42 U.S.C. 1395aaa(d)(2)) is amount appropriated for such period for fiscal (1) in paragraph (3)—
amended— year 2020.’’. (A) by striking ‘‘Not more than’’ and inserting
(1) in the first sentence, by striking ‘‘and (b) EFFECTIVE DATE.—The amendments made ‘‘Subject to paragraph (8), not more than’’; and
$4,830,000 for the period beginning on October 1, by subsection (a) shall take effect as if included (B) by striking ‘‘May 22, 2020’’ and inserting
2019, and ending on May 22, 2020’’ and inserting in the enactment of the Further Consolidated ‘‘November 30, 2020’’; and
Appropriations Act, 2020 (Public Law 116–94). (2) by adding at the end the following new
‘‘$20,000,000 for fiscal year 2020, and for the pe-
paragraph:
riod beginning on October 1, 2020, and ending PART II—MEDICAID PROVISIONS ‘‘(8) ADDITIONAL PROGRAMS.—
on November 30, 2020, the amount equal to the SEC. 3811. EXTENSION OF THE MONEY FOLLOWS ‘‘(A) IN GENERAL.—Not later than 6 months
pro rata portion of the amount appropriated for THE PERSON REBALANCING DEM- after the date of enactment of this paragraph,
such period for fiscal year 2020’’; and ONSTRATION PROGRAM. in addition to the 8 States selected under para-
(2) in the third sentence, by striking ‘‘and 2019 Section 6071(h) of the Deficit Reduction Act of graph (1), the Secretary shall select 2 States to
and for the period beginning on October 1, 2019, 2005 (42 U.S.C. 1396a note) is amended— participate in 2-year demonstration programs
and ending on May 22, 2020’’ and inserting ‘‘, (1) in paragraph (1), by striking subparagraph that meet the requirements of this subsection.
2019, and 2020, and for the period beginning on (G) and inserting the following: ‘‘(B) SELECTION OF STATES.—
October 1, 2020, and ending on November 30, ‘‘(G) subject to paragraph (3), $337,500,000 for ‘‘(i) IN GENERAL.—Subject to clause (ii), in se-
2020,’’. the period beginning on January 1, 2020, and lecting States under this paragraph, the Sec-
(b) EFFECTIVE DATE.—The amendments made ending on September 30, 2020; and retary—
by subsection (a) shall take effect as if included ‘‘(H) subject to paragraph (3), for the period ‘‘(I) shall select States that—
in the enactment of the Further Consolidated beginning on October 1, 2020, and ending on No- ‘‘(aa) were awarded planning grants under
Appropriations Act, 2020 (Public Law 116–94). vember 30, 2020, the amount equal to the pro subsection (c); and
SEC. 3803. EXTENSION OF FUNDING OUTREACH rata portion of the amount appropriated for ‘‘(bb) applied to participate in the demonstra-
AND ASSISTANCE FOR LOW-INCOME such period for fiscal year 2020.’’; and tion programs under this subsection under para-
PROGRAMS. (2) in paragraph (3), by striking ‘‘and (G)’’ graph (1) but, as of the date of enactment of this
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(a) FUNDING EXTENSIONS.— and inserting ‘‘, (G), and (H)’’. paragraph, were not selected to participate
(1) ADDITIONAL FUNDING FOR STATE HEALTH SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISH- under paragraph (1); and
INSURANCE PROGRAMS.—Subsection (a)(1)(B) of MENT PROTECTIONS. ‘‘(II) shall use the results of the Secretary’s
section 119 of the Medicare Improvements for (a) IN GENERAL.—Section 2404 of Public Law evaluation of each State’s application under
Patients and Providers Act of 2008 (42 U.S.C. 111–148 (42 U.S.C. 1396r–5 note) is amended by paragraph (1) to determine which States to se-
1395b–3 note), as amended by section 3306 of the striking ‘‘May 22, 2020’’ and inserting ‘‘Novem- lect, and shall not require the submission of any
Patient Protection and Affordable Care Act ber 30, 2020’’. additional application.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1771
‘‘(C) REQUIREMENTS FOR SELECTED STATES.— (i) The reporting, accuracy, and validation of hereby appropriated such sums as may be nec-
Prior to services being delivered under the dem- encounter data. essary for such purpose.
onstration authority in a State selected under (ii) Accuracy in payments to certified commu- PART IV—PUBLIC HEALTH PROVISIONS
this paragraph, the State shall— nity behavioral health clinics under State plans
SEC. 3831. EXTENSION FOR COMMUNITY HEALTH
‘‘(i) submit a plan to monitor certified commu- or waivers under title XIX of the Social Security CENTERS, THE NATIONAL HEALTH
nity behavioral health clinics under the dem- Act (42 U.S.C. 1396 et seq.). SERVICE CORPS, AND TEACHING
onstration program to ensure compliance with PART III—HUMAN SERVICES AND OTHER HEALTH CENTERS THAT OPERATE
certified community behavioral health criteria HEALTH PROGRAMS GME PROGRAMS.
during the demonstration period; and (a) COMMUNITY HEALTH CENTERS.—Section
SEC. 3821. EXTENSION OF SEXUAL RISK AVOID-
‘‘(ii) commit to collecting data, notifying the 10503(b)(1)(F) of the Patient Protection and Af-
ANCE EDUCATION PROGRAM.
Secretary of any planned changes that would fordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) is
deviate from the prospective payment system Section 510 of the Social Security Act (42
U.S.C. 710) is amended— amended by striking ‘‘and $2,575,342,466 for the
methodology outlined in the State’s demonstra- period beginning on October 1, 2019, and ending
(1) in subsection (a)—
tion application, and obtaining approval from on May 22, 2020’’ and inserting ‘‘$4,000,000,000
(A) in paragraph (1), in the matter preceding
the Secretary for any such change before imple- for fiscal year 2020, and $668,493,151 for the pe-
subparagraph (A)—
menting the change.’’. riod beginning on October 1, 2020, and ending
(b) LIMITATION.—Section 223(d)(5) of the Pro- (i) by striking ‘‘and 2019 and for the period
beginning October 1, 2019, and ending May 22, on November 30, 2020’’.
tecting Access to Medicare Act of 2014 (42 U.S.C. (b) NATIONAL HEALTH SERVICE CORPS.—Sec-
1396a note) is amended— 2020’’ and inserting ‘‘through 2020 and for the
period beginning October 1, 2020, and ending tion 10503(b)(2) of the Patient Protection and
(1) in subparagraph (B), in the matter pre- Affordable Care Act (42 U.S.C. 254b–2(b)(2)) is
ceding clause (i), by striking ‘‘The Federal November 30, 2020’’; and
(ii) by striking ‘‘fiscal year 2020’’ and insert- amended—
matching’’ and inserting ‘‘Subject to subpara- (1) in subparagraph (F), by striking ‘‘and’’ at
graph (C)(iii), the Federal matching’’; and ing ‘‘fiscal year 2021’’
(B) in paragraph (2)(A)— the end; and
(2) in subparagraph (C), by adding at the end (2) by striking subparagraph (G) and inserting
the following new clause: (i) by striking ‘‘and 2019 and for the period
beginning October 1, 2019, and ending May 22, the following:
‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED ‘‘(G) $310,000,000 for fiscal year 2020; and
AFTER 2019.—The Federal matching percentage 2020’’ and inserting ‘‘through 2020 and for the
‘‘(H) $51,808,219 for the period beginning on
applicable under subparagraph (B) to amounts period beginning October 1, 2020, and ending
October 1, 2020, and ending on November 30,
expended by a State participating in the dem- November 30, 2020’’; and
2020.’’.
onstration program under this subsection (ii) by striking ‘‘fiscal year 2020’’ and insert-
(c) TEACHING HEALTH CENTERS THAT OPERATE
shall— ing ‘‘fiscal year 2021’’; and
GRADUATE MEDICAL EDUCATION PROGRAMS.—
‘‘(I) in the case of a State participating in the (2) in subsection (f)(1), by striking ‘‘and 2019
Section 340H(g)(1) of the Public Health Service
demonstration program as of January 1, 2020, and $48,287,671 for the period beginning October
Act (42 U.S.C. 256h(g)(1)) is amended by striking
apply to amounts expended by the State during 1, 2019, and ending May 22, 2020’’ and inserting
‘‘and 2019, and $81,445,205 for the period begin-
the 8 fiscal quarter period (or any portion of ‘‘through 2020, and for the period beginning on
ning on October 1, 2019, and ending on May 22,
such period) that begins on January 1, 2020; and October 1, 2020, and ending on November 30,
2020’’ and inserting ‘‘through fiscal year 2020,
‘‘(II) in the case of a State selected to partici- 2020, the amount equal to the pro rata portion
and $21,141,096 for the period beginning on Oc-
pate in the demonstration program under para- of the amount appropriated for such period for
tober 1, 2020, and ending on November 30, 2020’’.
graph (8), during first 8 fiscal quarter period (or fiscal year 2020’’.
(d) APPLICATION OF PROVISIONS.—Amounts
any portion of such period) that the State par- SEC. 3822. EXTENSION OF PERSONAL RESPONSI- appropriated pursuant to the amendments made
ticipates in a demonstration program.’’. BILITY EDUCATION PROGRAM.
by this section for fiscal year 2020 and for the
(c) GAO STUDY AND REPORT ON THE COMMU- Section 513 of the Social Security Act (42 period beginning on October 1, 2020, and ending
NITY AND MENTAL HEALTH SERVICES DEM- U.S.C. 713) is amended— on November 30, 2020, shall be subject to the re-
ONSTRATION PROGRAM.— (1) in subsection (a)— quirements contained in Public Law 116–94 for
(1) IN GENERAL.—Not later than 18 months (A) in paragraph (1)— funds for programs authorized under sections
after the date of the enactment of this Act, the (i) in subparagraph (A), in the matter pre- 330 through 340 of the Public Health Service Act
Comptroller General of the United States shall ceding clause (i), by striking ‘‘2019 and for the (42 U.S.C. 254 through 256).
submit to the Committee on Energy and Com- period beginning October 1, 2019, and ending (e) CONFORMING AMENDMENT.—Paragraph (4)
merce of the House of Representatives and the May 22, 2020’’ and inserting ‘‘2020 and for the of section 3014(h) of title 18, United States Code,
Committee on Finance of the Senate a report on period beginning October 1, 2020, and ending as amended by section 401(e) of division N of
the community and mental health services dem- November 30, 2020’’; and Public Law 116–94, is amended by striking ‘‘sec-
onstration program conducted under section 223 (ii) in subparagraph (B)(i), by striking by tion 401(d) of division N of the Further Consoli-
of the Protecting Access to Medicare Act of 2014 striking ‘‘October 1, 2019, and ending May 22, dated Appropriations Act, 2020’’ and inserting
(42 U.S.C. 1396a note) (referred to in this sub- 2020’’ and inserting ‘‘October 1, 2020, and end- ‘‘section 3831 of the CARES Act’’.
section as the ‘‘demonstration program’’). ing November 30, 2020’’;
(2) CONTENT OF REPORT.—The report required SEC. 3832. DIABETES PROGRAMS.
(2) in paragraph (4)(A), by striking ‘‘2019’’
under paragraph (1) shall include the following each place it appears and inserting ‘‘2020’’; and (a) TYPE I.—Section 330B(b)(2)(D) of the Pub-
information: (3) in subsection (f), by striking ‘‘2019 and lic Health Service Act (42 U.S.C. 254c–2(b)(2)(D))
(A) Information on States’ experiences partici- $48,287,671 for the period beginning October 1, is amended by striking ‘‘and 2019, and
pating in the demonstration program, including 2019, and ending May 22, 2020’’ and inserting $96,575,342 for the period beginning on October
the extent to which States— ‘‘2020, and for the period beginning on October 1, 2019, and ending on May 22, 2020’’ and insert-
(i) measure the effects of access to certified 1, 2020, and ending on November 30, 2020, the ing ‘‘through 2020, and $25,068,493 for the period
community behavioral health clinics on patient amount equal to the pro rata portion of the beginning on October 1, 2020, and ending on No-
health and cost of care, including— amount appropriated for such period for fiscal vember 30, 2020’’.
(I) engagement in treatment for behavioral (b) INDIANS.—Section 330C(c)(2)(D) of the
year 2020’’.
health conditions; Public Health Service Act (42 U.S.C. 254c–
SEC. 3823. EXTENSION OF DEMONSTRATION
(II) relevant clinical outcomes, to the extent PROJECTS TO ADDRESS HEALTH
3(c)(2)(D)) is amended by striking ‘‘and 2019,
collected; PROFESSIONS WORKFORCE NEEDS. and $96,575,342 for the period beginning on Oc-
(III) screening and treatment for comorbid tober 1, 2019, and ending on May 22, 2020’’ and
Activities authorized by section 2008 of the So-
medical conditions; and inserting ‘‘through 2020, and $25,068,493 for the
(IV) use of crisis stabilization, emergency de- cial Security Act shall continue through Novem-
ber 30, 2020, in the manner authorized for fiscal period beginning on October 1, 2020, and ending
partment, and inpatient care. on November 30, 2020’’.
(B) Information on Federal efforts to evaluate year 2019, and out of any money in the Treas-
ury of the United States not otherwise appro- PART V—MISCELLANEOUS PROVISIONS
the demonstration program, including—
(i) quality measures used to evaluate the pro- priated, there are hereby appropriated such SEC. 3841. PREVENTION OF DUPLICATE APPRO-
sums as may be necessary for such purpose. PRIATIONS FOR FISCAL YEAR 2020.
gram;
(ii) assistance provided to States on data col- Grants and payments may be made pursuant to Expenditures made under any provision of
lection and reporting; this authority through the date so specified at law amended in this title pursuant to the
(iii) assessments of the reliability and useful- the pro rata portion of the total amount author- amendments made by the Continuing Appro-
ness of State-submitted data; and ized for such activities in fiscal year 2019. priations Act, 2020, and Health Extenders Act of
(iv) the extent to which such efforts provide SEC. 3824. EXTENSION OF THE TEMPORARY AS- 2019 (Public Law 116–59), the Further Con-
information on the relative quality, scope, and SISTANCE FOR NEEDY FAMILIES tinuing Appropriations Act, 2020, and Further
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cost of services as compared with services not PROGRAM AND RELATED PROGRAMS. Health Extenders Act of 2019 (Public Law 116–
provided under the demonstration program, and Activities authorized by part A of title IV and 69), and the Further Consolidated Appropria-
in comparison to Medicaid beneficiaries with section 1108(b) of the Social Security Act shall tions Act, 2020 (Public Law 116–94) for fiscal
mental illness and substance use disorders not continue through November 30, 2020, in the year 2020 shall be charged to the applicable ap-
served under the demonstration program. manner authorized for fiscal year 2019, and out propriation or authorization provided by the
(C) Recommendations for improvements to the of any money in the Treasury of the United amendments made by this title to such provision
following: States not otherwise appropriated, there are of law for such fiscal year.
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H1772 CONGRESSIONAL RECORD — HOUSE March 27, 2020
Subtitle F—Over-the-Counter Drugs mination for such drug issued under part 330 of section 505 if such drug or combination of
PART I—OTC DRUG REVIEW title 21, Code of Federal Regulations; drugs—
‘‘(ii) in conformity with— ‘‘(i) is determined by the Secretary to meet the
SEC. 3851.
REGULATION OF CERTAIN NON-
PRESCRIPTION DRUGS THAT ARE
‘‘(I) the conditions of use, including indica- conditions specified in clauses (i) and (ii) of sub-
MARKETED WITHOUT AN APPROVED tion and dosage strength, if any, described for paragraph (A);
DRUG APPLICATION. such category III drug in such preamble or in ‘‘(ii) is marketed in conformity with an admin-
(a) IN GENERAL.—Chapter V of the Federal an applicable subsequent proposed rule; istrative order under this subsection;
Food, Drug, and Cosmetic Act is amended by in- ‘‘(II) the proposed requirements for drugs clas- ‘‘(iii) meets the general requirements for non-
serting after section 505F of such Act (21 U.S.C. sified in such tentative final monograph in cat- prescription drugs; and
355g) the following: egory I in the most recently proposed rule estab- ‘‘(iv) meets the requirements under subsections
‘‘SEC. 505G.
REGULATION OF CERTAIN NON-
lishing requirements related to such tentative (c) and (k).
PRESCRIPTION DRUGS THAT ARE final monograph and in any final rule estab- ‘‘(C) STANDARD.—The Secretary shall find
MARKETED WITHOUT AN APPROVED lishing requirements that are applicable to the that a drug is not generally recognized as safe
DRUG APPLICATION. drug; and and effective under section 201(p)(1) if—
‘‘(a) NONPRESCRIPTION DRUGS MARKETED ‘‘(III) the general requirements for non- ‘‘(i) the evidence shows that the drug is not
WITHOUT AN APPROVED APPLICATION.—Non- prescription drugs and conditions or require- generally recognized as safe and effective under
prescription drugs marketed without an ap- ments under subsection (b) or (k); and section 201(p)(1); or
proved drug application under section 505, as of ‘‘(iii) in a dosage form that, immediately prior ‘‘(ii) the evidence is inadequate to show that
the date of the enactment of this section, shall to the date of the enactment of this section, had the drug is generally recognized as safe and ef-
be treated in accordance with this subsection. been used to a material extent and for a mate- fective under section 201(p)(1).
‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; rial time under section 201(p)(2); or ‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY
CATEGORY I DRUGS SUBJECT TO A TENTATIVE ‘‘(B) the drug is— THE SECRETARY.—
FINAL MONOGRAPH.—A drug is deemed to be gen-
‘‘(i) classified in category I for safety and ef- ‘‘(A) IN GENERAL.—In issuing an administra-
erally recognized as safe and effective under fectiveness under a proposed monograph or ad- tive order under paragraph (1) upon the Sec-
section 201(p)(1), not a new drug under section vance notice of proposed rulemaking that is the retary’s initiative, the Secretary shall—
201(p), and not subject to section 503(b)(1), if— most recently applicable proposal or determina- ‘‘(i) make reasonable efforts to notify infor-
‘‘(A) the drug is— tion for such drug issued under part 330 of title mally, not later than 2 business days before the
‘‘(i) in conformity with the requirements for 21, Code of Federal Regulations; issuance of the proposed order, the sponsors of
nonprescription use of a final monograph issued ‘‘(ii) in conformity with the requirements for drugs who have a listing in effect under section
under part 330 of title 21, Code of Federal Regu- nonprescription use of such proposed mono- 510(j) for the drugs or combination of drugs that
lations (except as provided in paragraph (2)), graph or advance notice of proposed rule- will be subject to the administrative order;
the general requirements for nonprescription making, any applicable subsequent determina- ‘‘(ii) after any such reasonable efforts of noti-
drugs, and conditions or requirements under tion by the Secretary, the general requirements fication—
subsections (b), (c), and (k); and for nonprescription drugs, and conditions or re- ‘‘(I) issue a proposed administrative order by
‘‘(ii) except as permitted by an order issued quirements under subsection (b) or (k); and publishing it on the website of the Food and
under subsection (b) or, in the case of a minor ‘‘(iii) in a dosage form that, immediately prior Drug Administration and include in such order
change in the drug, in conformity with an order to the date of the enactment of this section, has the reasons for the issuance of such order; and
issued under subsection (c), in a dosage form been used to a material extent and for a mate- ‘‘(II) publish a notice of availability of such
that, immediately prior to the date of the enact- rial time under section 201(p)(2). proposed order in the Federal Register;
‘‘(4) CATEGORY II DRUGS DEEMED NEW ‘‘(iii) except as provided in subparagraph (B),
ment of this section, has been used to a material
DRUGS.—A drug that is classified in category II
extent and for a material time under section provide for a public comment period with respect
for safety or effectiveness under a tentative to such proposed order of not less than 45 cal-
201(p)(2); or
final monograph or that is subject to a deter- endar days; and
‘‘(B) the drug is—
‘‘(i) classified in category I for safety and ef- mination to be not generally recognized as safe ‘‘(iv) if, after completion of the proceedings
fectiveness under a tentative final monograph and effective in a proposed rule that is the most specified in clauses (i) through (iii), the Sec-
that is the most recently applicable proposal or recently applicable proposal issued under part retary determines that it is appropriate to issue
determination issued under part 330 of title 21, 330 of title 21, Code of Federal Regulations, a final administrative order—
Code of Federal Regulations; shall be deemed to be a new drug under section ‘‘(I) issue the final administrative order, to-
‘‘(ii) in conformity with the proposed require- 201(p), misbranded under section 502(ee), and gether with a detailed statement of reasons,
ments for nonprescription use of such tentative subject to the requirement for an approved new which order shall not take effect until the time
final monograph, any applicable subsequent de- drug application under section 505 beginning on for requesting judicial review under paragraph
termination by the Secretary, the general re- the day that is 180 calendar days after the date (3)(D)(ii) has expired;
quirements for nonprescription drugs, and con- of the enactment of this section, unless, before ‘‘(II) publish a notice of such final adminis-
ditions or requirements under subsections (b), such day, the Secretary determines that it is in trative order in the Federal Register;
(c), and (k); and the interest of public health to extend the period ‘‘(III) afford requestors of drugs that will be
‘‘(iii) except as permitted by an order issued during which the drug may be marketed without subject to such order the opportunity for formal
under subsection (b) or, in the case of a minor such an approved new drug application. dispute resolution up to the level of the Director
change in the drug, in conformity with an order ‘‘(5) DRUGS NOT GRASE DEEMED NEW DRUGS.— of the Center for Drug Evaluation and Re-
issued under subsection (c), in a dosage form A drug that the Secretary has determined not to search, which initially must be requested within
that, immediately prior to the date of the enact- be generally recognized as safe and effective 45 calendar days of the issuance of the order,
ment of this section, has been used to a material under section 201(p)(1) under a final determina- and, for subsequent levels of appeal, within 30
extent and for a material time under section tion issued under part 330 of title 21, Code of calendar days of the prior decision; and
201(p)(2). Federal Regulations, shall be deemed to be a ‘‘(IV) except with respect to drugs described in
‘‘(2) TREATMENT OF SUNSCREEN DRUGS.—With new drug under section 201(p), misbranded paragraph (3)(B), upon completion of the formal
respect to sunscreen drugs subject to this sec- under section 502(ee), and subject to the require- dispute resolution procedure, inform the persons
tion, the applicable requirements in terms of ment for an approved new drug application which sought such dispute resolution of their
conformity with a final monograph, for pur- under section 505. right to request a hearing.
‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex- ‘‘(B) EXCEPTIONS.—When issuing an adminis-
poses of paragraph (1)(A)(i), shall be the re-
cept as provided in subsection (m), a drug is trative order under paragraph (1) on the Sec-
quirements specified in part 352 of title 21, Code
deemed to be a new drug under section 201(p) retary’s initiative proposing to determine that a
of Federal Regulations, as published on May 21,
and misbranded under section 502(ee) if the drug described in subsection (a)(3) is not gen-
1999, beginning on page 27687 of volume 64 of
drug— erally recognized as safe and effective under
the Federal Register, except that the applicable
‘‘(A) is not subject to section 503(b)(1); and
requirements governing effectiveness and label- ‘‘(B) is not described in paragraph (1), (2), (3), section 201(p)(1), the Secretary shall follow the
ing shall be those specified in section 201.327 of (4), or (5), or subsection (b)(1)(B). procedures in subparagraph (A), except that—
title 21, Code of Federal Regulations. ‘‘(b) ADMINISTRATIVE ORDERS.— ‘‘(i) the proposed order shall include notice
‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN- ‘‘(1) IN GENERAL.— of—
TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS ‘‘(A) DETERMINATION.—The Secretary may, on ‘‘(I) the general categories of data the Sec-
SUBJECT TO PROPOSED MONOGRAPH OR ADVANCE the initiative of the Secretary or at the request retary has determined necessary to establish
NOTICE OF PROPOSED RULEMAKING.—A drug that of one or more requestors, issue an administra- that the drug is generally recognized as safe
is not described in paragraph (1), (2), or (4) is tive order determining whether there are condi- and effective under section 201(p)(1); and
not required to be the subject of an application tions under which a specific drug, a class of ‘‘(II) the format for submissions by interested
dlhill on DSKBBY8HB2PROD with HOUSE
approved under section 505, and is not subject to drugs, or a combination of drugs, is determined persons;
section 503(b)(1), if— to be— ‘‘(ii) the Secretary shall provide for a public
‘‘(A) the drug is— ‘‘(i) not subject to section 503(b)(1); and comment period of no less than 180 calendar
‘‘(i) classified in category III for safety or ef- ‘‘(ii) generally recognized as safe and effective days with respect to such proposed order, except
fectiveness in the preamble of a proposed rule under section 201(p)(1). when the Secretary determines, for good cause,
establishing a tentative final monograph that is ‘‘(B) EFFECT.—A drug or combination of drugs that a shorter period is in the interest of public
the most recently applicable proposal or deter- shall be deemed to not require approval under health; and
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1773
‘‘(iii) any person who submits data in such ‘‘(I) At the conclusion of a hearing requested ‘‘(ii) CONTENT OF ORDER.—An interim final
comment period shall include a certification under subparagraph (A), the presiding officer of order issued under this subparagraph with re-
that the person has submitted all evidence cre- the hearing shall issue a decision containing spect to the labeling of a drug may provide for
ated, obtained, or received by that person that findings of fact and conclusions of law. The de- new warnings and other information required
is both within the categories of data identified cision of the presiding officer shall be final. for safe use of the drug.
in the proposed order and relevant to a deter- ‘‘(II) The final decision may not take effect ‘‘(C) EFFECTIVE DATE.—An order under sub-
mination as to whether the drug is generally until the period under subparagraph (D)(ii) for paragraph (A) or (B) shall take effect on a date
recognized as safe and effective under section submitting a request for judicial review of such specified by the Secretary.
201(p)(1). decision expires. ‘‘(D) FINAL ORDER.—After the completion of
‘‘(3) HEARINGS; JUDICIAL REVIEW.— ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA- the proceedings in subparagraph (A) or (B), the
‘‘(A) IN GENERAL.—Only a person who partici- TIVE ORDER.— Secretary shall—
pated in each stage of formal dispute resolution ‘‘(i) IN GENERAL.—The procedures described in ‘‘(i) issue a final order in accordance with
under subclause (III) of paragraph (2)(A)(iv) of section 505(h) shall apply with respect to judi- paragraph (1);
an administrative order with respect to a drug cial review of final administrative orders issued ‘‘(ii) publish a notice of availability of such
may request a hearing concerning a final ad- under this subsection in the same manner and to final administrative order in the Federal Reg-
ministrative order issued under such paragraph the same extent as such section applies to an ister; and
with respect to such drug. If a hearing is order described in such section except that the ‘‘(iii) afford sponsors of such drugs that will
sought, such person must submit a request for a judicial review shall be taken by filing in an ap- be subject to such an order the opportunity for
hearing, which shall be based solely on informa- propriate district court of the United States in formal dispute resolution up to the level of the
tion in the administrative record, to the Sec- lieu of the appellate courts specified in such sec- Director of the Center for Drug Evaluation and
retary not later than 30 calendar days after re- tion. Research, which must initially be within 45 cal-
‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI- endar days of the issuance of the order, and for
ceiving notice of the final decision of the formal
CIAL REVIEW.—A person eligible to request a
dispute resolution procedure. subsequent levels of appeal, within 30 calendar
hearing under this paragraph and seeking judi-
‘‘(B) NO HEARING REQUIRED WITH RESPECT TO days of the prior decision.
cial review of a final administrative order issued ‘‘(E) HEARINGS.—A sponsor of a drug subject
ORDERS RELATING TO CERTAIN DRUGS.—
under this subsection shall file such request for to a final order issued under subparagraph (D)
‘‘(i) IN GENERAL.—The Secretary shall not be
judicial review not later than 60 calendar days
required to provide notice and an opportunity and that participated in each stage of formal
after the latest of—
for a hearing pursuant to paragraph (2)(A)(iv) dispute resolution under clause (iii) of such sub-
‘‘(I) the date on which notice of such order is
if the final administrative order involved relates published; paragraph may request a hearing on such order.
to a drug— ‘‘(II) the date on which a hearing with respect The provisions of subparagraphs (A), (B), and
‘‘(I) that is described in subsection (a)(3)(A); to such order is denied under subparagraph (B) (C) of paragraph (3), other than paragraph
and or (C)(i); (3)(C)(v)(II), shall apply with respect to a hear-
‘‘(II) with respect to which no human or non- ‘‘(III) the date on which a final decision is ing on such order in the same manner and to
human data studies relevant to the safety or ef- made following a hearing under subparagraph the same extent as such provisions apply with
fectiveness of such drug have been submitted to (C)(v); or respect to a hearing on an administrative order
the administrative record since the issuance of ‘‘(IV) if no hearing is requested, the date on issued under paragraph (2)(A)(iv).
the most recent tentative final monograph relat- which the time for requesting a hearing expires. ‘‘(F) TIMING.—
ing to such drug. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT TO ‘‘(i) FINAL ORDER AND HEARING.—The Sec-
‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN ADMINISTRATIVE ORDERS INITIATED BY THE SEC- retary shall—
DATA DEFINED.—In this subparagraph: RETARY.— ‘‘(I) not later than 6 months after the date on
‘‘(I) The term ‘human data studies’ means ‘‘(A) IMMINENT HAZARD TO THE PUBLIC which the comment period closes under subpara-
clinical trials of safety or effectiveness (includ- HEALTH.— graph (A) or (B), issue a final order in accord-
ing actual use studies), pharmacokinetics stud- ‘‘(i) IN GENERAL.—In the case of a determina- ance with paragraph (1); and
ies, or bioavailability studies. tion by the Secretary that a drug, class of drugs, ‘‘(II) not later than 12 months after the date
‘‘(II) The term ‘non-human data’ means data or combination of drugs subject to this section on which such final order is issued, complete
from testing other than with human subjects poses an imminent hazard to the public health, any hearing under subparagraph (E).
which provides information concerning safety or the Secretary, after first making reasonable ef- ‘‘(ii) DISPUTE RESOLUTION REQUEST.—The Sec-
effectiveness. forts to notify, not later than 48 hours before retary shall specify in an interim final order
‘‘(C) HEARING PROCEDURES.— issuance of such order under this subparagraph, issued under subparagraph (A) or (B) such
‘‘(i) DENIAL OF REQUEST FOR HEARING.—If the sponsors who have a listing in effect under sec- shorter periods for requesting dispute resolution
Secretary determines that information submitted tion 510(j) for such drug or combination of under subparagraph (D)(iii) as are necessary to
in a request for a hearing under subparagraph drugs— meet the requirements of this subparagraph.
(A) with respect to a final administrative order ‘‘(I) may issue an interim final administrative ‘‘(G) JUDICIAL REVIEW.—A final order issued
issued under paragraph (2)(A)(iv) does not iden- order for such drug, class of drugs, or combina- pursuant to subparagraph (F) shall be subject to
tify the existence of a genuine and substantial tion of drugs under paragraph (1), together with judicial review in accordance with paragraph
question of material fact, the Secretary may a detailed statement of the reasons for such (3)(D).
deny such request. In making such a determina- order; ‘‘(5) ADMINISTRATIVE ORDER INITIATED AT THE
tion, the Secretary may consider only informa- ‘‘(II) shall publish in the Federal Register a REQUEST OF A REQUESTOR.—
tion and data that are based on relevant and re- notice of availability of any such order; and ‘‘(A) IN GENERAL.—In issuing an administra-
‘‘(III) shall provide for a public comment pe-
liable scientific principles and methodologies. tive order under paragraph (1) at the request of
riod of at least 45 calendar days with respect to
‘‘(ii) SINGLE HEARING FOR MULTIPLE RELATED a requestor with respect to certain drugs, classes
such interim final order.
REQUESTS.—If more than one request for a hear- of drugs, or combinations of drugs—
‘‘(ii) NONDELEGATION.—The Secretary may not
ing is submitted with respect to the same admin- ‘‘(i) the Secretary shall, after receiving a re-
delegate the authority to issue an interim final
istrative order under subparagraph (A), the Sec- administrative order under this subparagraph. quest under this subparagraph, determine
retary may direct that a single hearing be con- ‘‘(B) SAFETY LABELING CHANGES.— whether the request is sufficiently complete and
ducted in which all persons whose hearing re- ‘‘(i) IN GENERAL.—In the case of a determina- formatted to permit a substantive review;
quests were granted may participate. tion by the Secretary that a change in the label- ‘‘(ii) if the Secretary determines that the re-
‘‘(iii) PRESIDING OFFICER.—The presiding offi- ing of a drug, class of drugs, or combination of quest is sufficiently complete and formatted to
cer of a hearing requested under subparagraph drugs subject to this section is reasonably ex- permit a substantive review, the Secretary
(A) shall— pected to mitigate a significant or unreasonable shall—
‘‘(I) be designated by the Secretary; risk of a serious adverse event associated with ‘‘(I) file the request; and
‘‘(II) not be an employee of the Center for use of the drug, the Secretary may— ‘‘(II) initiate proceedings with respect to
Drug Evaluation and Research; and ‘‘(I) make reasonable efforts to notify infor- issuing an administrative order in accordance
‘‘(III) not have been previously involved in mally, not later than 48 hours before the with paragraphs (2) and (3); and
the development of the administrative order in- issuance of the interim final order, the sponsors ‘‘(iii) except as provided in paragraph (6), if
volved or proceedings relating to that adminis- of drugs who have a listing in effect under sec- the Secretary determines that a request does not
trative order. tion 510(j) for such drug or combination of meet the requirements for filing or is not suffi-
‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The drugs; ciently complete and formatted to permit a sub-
parties to a hearing requested under subpara- ‘‘(II) after reasonable efforts of notification, stantive review, the requestor may demand that
graph (A) shall have the right to present testi- issue an interim final administrative order in the request be filed over protest, and the Sec-
mony, including testimony of expert witnesses, accordance with paragraph (1) to require such retary shall initiate proceedings to review the
dlhill on DSKBBY8HB2PROD with HOUSE
and to cross-examine witnesses presented by change, together with a detailed statement of request in accordance with paragraph (2)(A).
other parties. Where appropriate, the presiding the reasons for such order; ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.—
officer may require that cross-examination by ‘‘(III) publish in the Federal Register a notice ‘‘(i) IN GENERAL.—A requestor seeking an ad-
parties representing substantially the same in- of availability of such order; and ministrative order under paragraph (1) with re-
terests be consolidated to promote efficiency and ‘‘(IV) provide for a public comment period of spect to certain drugs, classes of drugs, or com-
avoid duplication. at least 45 calendar days with respect to such binations of drugs, shall submit to the Secretary
‘‘(v) FINAL DECISION.— interim final order. a request to initiate proceedings for such order
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H1774 CONGRESSIONAL RECORD — HOUSE March 27, 2020
in the form and manner as specified by the Sec- ‘‘(bb) changes described in clause (ii)(II), re- States as a nonprescription drug under com-
retary. Such requestor may submit a request lating to conditions of use. parable conditions of use;
under this subparagraph for the issuance of an ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu- ‘‘(ii) if the drug has not been previously mar-
administrative order— sivity shall apply to changes to a drug which keted in the United States as a nonprescription
‘‘(I) determining whether a drug is generally are— drug, information sufficient for a prima facie
recognized as safe and effective under section ‘‘(aa) the subject of a Tier 2 OTC monograph demonstration that the drug was marketed and
201(p)(1), exempt from section 503(b)(1), and not order request (as defined in section 744L); safely used under comparable conditions of mar-
required to be the subject of an approved appli- ‘‘(bb) safety-related changes, as defined by keting and use in a country listed in section
cation under section 505; or the Secretary, or any other changes the Sec- 802(b)(1)(A) or designated by the Secretary in
‘‘(II) determining whether a change to a con- retary considers necessary to assure safe use; or accordance with section 802(b)(1)(B)—
dition of use of a drug is generally recognized as ‘‘(cc) changes related to methods of testing ‘‘(I) for such period as needed to provide rea-
safe and effective under section 201(p)(1), ex- safety or efficacy. sonable assurances concerning the safe non-
empt from section 503(b)(1), and not required to ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In prescription use of the drug; and
be the subject of an approved application under this subparagraph, the term ‘new human data ‘‘(II) during such time was subject to suffi-
section 505, if, absent such a changed condition studies’ means clinical trials of safety or effec- cient monitoring by a regulatory body consid-
of use, such drug is— tiveness (including actual use studies), phar- ered acceptable by the Secretary for such moni-
‘‘(aa) generally recognized as safe and effec- macokinetics studies, or bioavailability studies, toring purposes, including for adverse events as-
tive under section 201(p)(1) in accordance with the results of which— sociated with nonprescription use of the drug;
subsection (a)(1), (a)(2), or an order under this ‘‘(I) have not been relied on by the Secretary or
subsection; or to support— ‘‘(iii) if the Secretary determines that informa-
‘‘(bb) subject to subsection (a)(3), but only if ‘‘(aa) a proposed or final determination that a tion described in clause (i) or (ii) is not needed
such requestor initiates such request in conjunc- drug described in subclause (I), (II), or (III) of to provide a prima facie demonstration that the
tion with a request for the Secretary to deter- clause (iii) is generally recognized as safe and drug can be safely marketed and used as a non-
mine whether such drug is generally recognized effective under section 201(p)(1); or prescription drug, such other information the
as safe and effective under section 201(p)(1), ‘‘(bb) approval of a drug that was approved Secretary determines is sufficient for such pur-
which is filed by the Secretary under subpara- under section 505; and poses.
graph (A)(ii). ‘‘(II) do not duplicate the results of another ‘‘(D) MARKETING PURSUANT TO NEW DRUG AP-
‘‘(ii) EXCEPTION.—The Secretary is not re- study that was relied on by the Secretary to PLICATION.—In the case of a request described in
quired to complete review of a request for a support— subparagraph (A)(ii), the drug subject to such
change described in clause (i)(II) if the Sec- ‘‘(aa) a proposed or final determination that a request may be resubmitted for filing only if—
retary determines that there is an inadequate drug described in subclause (I), (II), or (III) of ‘‘(i) the drug is marketed as a nonprescription
basis to find the drug is generally recognized as clause (iii) is generally recognized as safe and drug, under conditions of use comparable to the
safe and effective under section 201(p)(1) under effective under section 201(p)(1); or conditions specified in the request, for such pe-
paragraph (1) and issues a final order announc- ‘‘(bb) approval of a drug that was approved riod as the Secretary determines appropriate
ing that determination. under section 505. (not to exceed 5 consecutive years) pursuant to
‘‘(iii) WITHDRAWAL.—The requestor may with- ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE an application approved under section 505; and
draw a request under this paragraph, according FOR SALE.—A requestor that is granted exclu- ‘‘(ii) during such period, 1,000,000 retail pack-
to the procedures set forth pursuant to sub- sivity with respect to a drug under this subpara- ages of the drug, or an equivalent quantity as
section (d)(2)(B). Notwithstanding any other graph shall notify the Secretary in writing with- determined by the Secretary, were distributed
provision of this section, if such request is with- in 1 year of the issuance of the final administra- for retail sale, as determined in such manner as
drawn, the Secretary may cease proceedings tive order if the drug that is the subject of such the Secretary finds appropriate.
under this subparagraph. order will not be available for sale within 1 year ‘‘(E) RULE OF APPLICATION.—Except in the
‘‘(C) EXCLUSIVITY.— of the date of issuance of such order. The re- case of a request involving a drug described in
‘‘(i) IN GENERAL.—A final administrative order questor shall include with such notice the— section 586(9), as in effect on January 1, 2017, if
issued in response to a request under this sec- ‘‘(I) identity of the drug by established name the Secretary refuses to file a request under this
tion shall have the effect of authorizing solely and by proprietary name, if any; paragraph, the requestor may not file such re-
the order requestor (or the licensees, assignees, ‘‘(II) strength of the drug; quest over protest under paragraph (5)(A)(iii).
or successors in interest of such requestor with ‘‘(III) date on which the drug will be available ‘‘(7) PACKAGING.—An administrative order
respect to the subject of such order), for a period for sale, if known; and issued under paragraph (2), (4)(A), or (5) may
of 18 months following the effective date of such ‘‘(IV) reason for not marketing the drug after include requirements for the packaging of a
final order and beginning on the date the re- issuance of the order. drug to encourage use in accordance with label-
questor may lawfully market such drugs pursu- ‘‘(6) INFORMATION REGARDING SAFE NON- ing. Such requirements may include unit dose
ant to the order, to market drugs— PRESCRIPTION MARKETING AND USE AS CONDITION packaging, requirements for products intended
‘‘(I) incorporating changes described in clause FOR FILING A GENERALLY RECOGNIZED AS SAFE for use by pediatric populations, requirements to
(ii); and AND EFFECTIVE REQUEST.— reduce risk of harm from unsupervised inges-
‘‘(II) subject to the limitations under clause ‘‘(A) IN GENERAL.—In response to a request tion, and other appropriate requirements. This
(iv). under this section that a drug described in sub- paragraph does not authorize the Food and
‘‘(ii) CHANGES DESCRIBED.—A change de- paragraph (B) be generally recognized as safe Drug Administration to require standards or
scribed in this clause is a change subject to an and effective, the Secretary— testing procedures as described in part 1700 of
order specified in clause (i), which— ‘‘(i) may file such request, if the request in-
‘‘(I) provides for a drug to contain an active title 16, Code of Federal Regulations.
cludes information specified under subpara- ‘‘(8) FINAL AND TENTATIVE FINAL MONOGRAPHS
ingredient (including any ester or salt of the ac-
graph (C) with respect to safe nonprescription FOR CATEGORY I DRUGS DEEMED FINAL ADMINIS-
tive ingredient) not previously incorporated in a
marketing and use of such drug; or TRATIVE ORDERS.—
drug described in clause (iii); or
‘‘(ii) if the request fails to include information ‘‘(A) IN GENERAL.—A final monograph or ten-
‘‘(II) provides for a change in the conditions
specified under subparagraph (C), shall refuse tative final monograph described in subpara-
of use of a drug, for which new human data
to file such request and require that non- graph (B) shall be deemed to be a final adminis-
studies conducted or sponsored by the requestor
prescription marketing of the drug be pursuant trative order under this subsection and may be
(or for which the requestor has an exclusive
to a new drug application as described in sub- amended, revoked, or otherwise modified in ac-
right of reference) were essential to the issuance
paragraph (D). cordance with the procedures of this subsection.
of such order.
‘‘(iii) DRUGS DESCRIBED.—The drugs described ‘‘(B) DRUG DESCRIBED.—A drug described in ‘‘(B) MONOGRAPHS DESCRIBED.—For purposes
in this clause are drugs— this subparagraph is a nonprescription drug of subparagraph (A), a final monograph or ten-
‘‘(I) specified in subsection (a)(1), (a)(2), or which contains an active ingredient not pre- tative final monograph is described in this sub-
(a)(3); viously incorporated in a drug— paragraph if it—
‘‘(II) subject to a final order issued under this ‘‘(i) specified in subsection (a)(1), (a)(2), or ‘‘(i) establishes conditions of use for a drug
section; (a)(3); described in paragraph (1) or (2) of subsection
‘‘(III) subject to a final sunscreen order (as ‘‘(ii) subject to a final order under this sec- (a); and
defined in section 586(2)(A)); or tion; or ‘‘(ii) represents the most recently promulgated
‘‘(IV) described in subsection (m)(1), other ‘‘(iii) subject to a final sunscreen order (as de- version of such conditions, including as modi-
than drugs subject to an active enforcement ac- fined in section 586(2)(A)). fied, in whole or in part, by any proposed or
tion under chapter III of this Act. ‘‘(C) INFORMATION DEMONSTRATING PRIMA final rule.
‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— FACIE SAFE NONPRESCRIPTION MARKETING AND ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING
dlhill on DSKBBY8HB2PROD with HOUSE
‘‘(I) IN GENERAL.—Only one 18-month period USE.—Information specified in this subpara- TECHNICAL AMENDMENTS.—The deemed estab-
under this subparagraph shall be granted, graph, with respect to a request described in lishment of a final administrative order under
under each order described in clause (i), with re- subparagraph (A)(i), is— subparagraph (A) shall be construed to include
spect to changes (to the drug subject to such ‘‘(i) information sufficient for a prima facie any technical amendments to such order as the
order) which are either— demonstration that the drug subject to such re- Secretary determines necessary to ensure that
‘‘(aa) changes described in clause (ii)(I), relat- quest has a verifiable history of being marketed such order is appropriately harmonized, in
ing to active ingredients; or and safely used by consumers in the United terms of terminology or cross-references, with
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1775
the applicable provisions of this Act (and regu- ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS OR
lations thereunder) and any other orders issued paragraph (B), the Secretary shall— REQUESTORS.—The Secretary shall establish
under this section. ‘‘(i) make any information submitted by a re- procedures to facilitate efficient participation by
‘‘(c) PROCEDURE FOR MINOR CHANGES.— questor in support of a request under subsection multiple sponsors or requestors in proceedings
‘‘(1) IN GENERAL.—Minor changes in the dos- (b)(5)(A) available to the public not later than under this section, including provision for joint
age form of a drug that is described in para- the date on which the proposed order is issued; meetings with multiple sponsors or requestors or
graph (1) or (2) of subsection (a) or the subject and with organizations nominated by sponsors or re-
of an order issued under subsection (b) may be ‘‘(ii) make any information submitted by any questors to represent their interests in a pro-
made by a requestor without the issuance of an other person with respect to an order requested ceeding.
order under subsection (b) if— (or initiated by the Secretary) under subsection ‘‘(j) ELECTRONIC FORMAT.—All submissions
‘‘(A) the requestor maintains such information (b), available to the public upon such submis- under this section shall be in electronic format.
as is necessary to demonstrate that the change— sion. ‘‘(k) EFFECT ON EXISTING REGULATIONS GOV-
‘‘(i) will not affect the safety or effectiveness ‘‘(B) LIMITATIONS ON PUBLIC AVAILABILITY.— ERNING NONPRESCRIPTION DRUGS.—
of the drug; and Information described in subparagraph (A) shall ‘‘(1) REGULATIONS OF GENERAL APPLICABILITY
‘‘(ii) will not materially affect the extent of not be made public if— TO NONPRESCRIPTION DRUGS.—Except as pro-
absorption or other exposure to the active ingre- ‘‘(i) the information pertains to pharma- vided in this subsection, nothing in this section
dient in comparison to a suitable reference prod- ceutical quality information, unless such infor- supersedes regulations establishing general re-
uct; and mation is necessary to establish standards under quirements for nonprescription drugs, including
‘‘(B) the change is in conformity with the re- which a drug is generally recognized as safe and regulations of general applicability contained in
quirements of an applicable administrative order effective under section 201(p)(1); parts 201, 250, and 330 of title 21, Code of Fed-
‘‘(ii) the information is submitted in a re- eral Regulations, or any successor regulations.
issued by the Secretary under paragraph (3).
questor-initiated request, but the requestor
‘‘(2) ADDITIONAL INFORMATION.— The Secretary shall establish or modify such
‘‘(A) ACCESS TO RECORDS.—A sponsor shall withdraws such request, in accordance with
regulations by means of rulemaking in accord-
submit records requested by the Secretary relat- withdrawal procedures established by the Sec-
ance with section 553 of title 5, United States
ing to such a minor change under section retary, before the Secretary issues the proposed
Code.
order; ‘‘(2) REGULATIONS ESTABLISHING REQUIRE-
704(a)(4), within 15 business days of receiving
‘‘(iii) the Secretary requests and obtains the
such a request, or such longer period as the Sec- MENTS FOR SPECIFIC NONPRESCRIPTION DRUGS.—
information under subsection (c) and such in- ‘‘(A) The provisions of section 310.545 of title
retary may provide.
formation is not submitted in relation to an 21, Code of Federal Regulations, as in effect on
‘‘(B) INSUFFICIENT INFORMATION.—If the Sec-
order under subsection (b); or the day before the date of the enactment of this
retary determines that the information con- ‘‘(iv) the information is of the type contained
tained in such records is not sufficient to dem- section, shall be deemed to be a final order
in raw datasets.
onstrate that the change does not affect the ‘‘(e) UPDATES TO DRUG LISTING INFORMA- under subsection (b).
safety or effectiveness of the drug or materially ‘‘(B) Regulations in effect on the day before
TION.—A sponsor who makes a change to a drug
affect the extent of absorption or other exposure the date of the enactment of this section, estab-
subject to this section shall submit updated drug
to the active ingredient, the Secretary— lishing requirements for specific nonprescription
listing information for the drug in accordance
‘‘(i) may so inform the sponsor of the drug in drugs marketed pursuant to this section (includ-
with section 510(j) within 30 calendar days of
writing; and ing such requirements in parts 201 and 250 of
the date when the drug is first commercially
‘‘(ii) if the Secretary so informs the sponsor, title 21, Code of Federal Regulations), shall be
marketed, except that a sponsor who was the
shall provide the sponsor of the drug with a rea- deemed to be final orders under subsection (b),
order requestor with respect to an order subject
sonable opportunity to provide additional infor- only as they apply to drugs—
to subsection (b)(5)(C) (or a licensee, assignee, ‘‘(i) subject to paragraph (1), (2), (3), or (4) of
mation. or successor in interest of such requestor) shall
‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFORMA- subsection (a); or
submit updated drug listing information on or ‘‘(ii) otherwise subject to an order under this
TION.—If the sponsor fails to provide such addi-
before the date when the drug is first commer- section.
tional information within a time prescribed by cially marketed.
the Secretary, or if the Secretary determines ‘‘(3) WITHDRAWAL OF REGULATIONS.—The Sec-
‘‘(f) APPROVALS UNDER SECTION 505.—The retary shall withdraw regulations establishing
that such additional information does not dem- provisions of this section shall not be construed
onstrate that the change does not— final monographs and the procedures governing
to preclude a person from seeking or maintain- the over-the-counter drug review under part 330
‘‘(i) affect the safety or effectiveness of the ing the approval of an application for a drug
drug; or and other relevant parts of title 21, Code of Fed-
under sections 505(b)(1), 505(b)(2), and 505(j). A eral Regulations (as in effect on the day before
‘‘(ii) materially affect the extent of absorption determination under this section that a drug is
or other exposure to the active ingredient in the date of the enactment of this section), or
not subject to section 503(b)(1), is generally rec- make technical changes to such regulations to
comparison to a suitable reference product, ognized as safe and effective under section
the drug as modified is a new drug under sec- ensure conformity with appropriate terminology
201(p)(1), and is not a new drug under section and cross references. Notwithstanding sub-
tion 201(p) and shall be deemed to be mis- 201(p) shall constitute a finding that the drug is
branded under section 502(ee). chapter II of chapter 5 of title 5, United States
safe and effective that may be relied upon for Code, any such withdrawal or technical
‘‘(3) DETERMINING WHETHER A CHANGE WILL
purposes of an application under section changes shall be made without public notice and
AFFECT SAFETY OR EFFECTIVENESS.—
505(b)(2), so that the applicant shall be required comment and shall be effective upon publication
‘‘(A) IN GENERAL.—The Secretary shall issue
to submit for purposes of such application only through notice in the Federal Register (or upon
one or more administrative orders specifying re-
information needed to support any modification such date as specified in such notice).
quirements for determining whether a minor
of the drug that is not covered by such deter- ‘‘(l) GUIDANCE.—The Secretary shall issue
change made by a sponsor pursuant to this sub-
mination under this section. guidance that specifies—
section will affect the safety or effectiveness of ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRATIVE
a drug or materially affect the extent of absorp- ‘‘(1) the procedures and principles for formal
ORDERS.—The Secretary shall establish, main- meetings between the Secretary and sponsors or
tion or other exposure to an active ingredient in tain, update (as determined necessary by the
the drug in comparison to a suitable reference requestors for drugs subject to this section;
Secretary but no less frequently than annually), ‘‘(2) the format and content of data submis-
product, together with guidance for applying and make publicly available, with respect to or-
those orders to specific dosage forms. sions to the Secretary under this section;
ders issued under this section— ‘‘(3) the format of electronic submissions to
‘‘(B) STANDARD PRACTICES.—The orders and ‘‘(1) a repository of each final order and in- the Secretary under this section;
guidance issued by the Secretary under sub- terim final order in effect, including the com- ‘‘(4) consolidated proceedings for appeal and
paragraph (A) shall take into account relevant plete text of the order; and the procedures for such proceedings where ap-
public standards and standard practices for ‘‘(2) a listing of all orders proposed and under propriate; and
evaluating the quality of drugs, and may take development under subsection (b)(2), includ- ‘‘(5) for minor changes in drugs, recommenda-
into account the special needs of populations, ing— tions on how to comply with the requirements in
including children. ‘‘(A) a brief description of each such order; orders issued under subsection (c)(3).
‘‘(d) CONFIDENTIALITY OF INFORMATION SUB- and ‘‘(m) RULE OF CONSTRUCTION.—
MITTED TO THE SECRETARY.— ‘‘(B) the Secretary’s expectations, if resources ‘‘(1) IN GENERAL.—This section shall not affect
‘‘(1) IN GENERAL.—Subject to paragraph (2), permit, for issuance of proposed orders over a 3- the treatment or status of a nonprescription
any information, including reports of testing year period. drug—
conducted on the drug or drugs involved, that is ‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR ‘‘(A) that is marketed without an application
submitted by a requestor in connection with pro- REQUESTORS.—The Secretary shall establish approved under section 505 as of the date of the
ceedings on an order under this section (includ- procedures under which sponsors or requestors enactment of this section;
dlhill on DSKBBY8HB2PROD with HOUSE
ing any minor change under subsection (c)) and may meet with appropriate officials of the Food ‘‘(B) that is not subject to an order issued
is a trade secret or confidential information sub- and Drug Administration to obtain advice on under this section; and
ject to section 552(b)(4) of title 5, United States the studies and other information necessary to ‘‘(C) to which paragraph (1), (2), (3), (4), or
Code, or section 1905 of title 18, United States support submissions under this section and (5) of subsection (a) do not apply.
Code, shall not be disclosed to the public unless other matters relevant to the regulation of non- ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY
the requestor consents to that disclosure. prescription drugs and the development of new FOUND TO BE SUBJECT TO TIME AND EXTENT RE-
‘‘(2) PUBLIC AVAILABILITY.— nonprescription drugs under this section. QUIREMENTS.—
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H1776 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(A) Notwithstanding subsection (a), a drug (i) the resources used by the Food and Drug any nonprescription drug (as defined in section
described in subparagraph (B) may only be law- Administration; 505G(q) of the Federal Food, Drug, and Cos-
fully marketed, without an application ap- (ii) the impact of such provision on innova- metic Act, as added by section 3851 of this sub-
proved under section 505, pursuant to an order tion, as well as research and development in the title) which was excluded by the Food and Drug
issued under this section. nonprescription drug market; Administration from the Over-the-Counter Drug
‘‘(B) A drug described in this subparagraph is (iii) the impact of such provision on competi- Review in accordance with the paragraph num-
a drug which, prior to the date of the enactment tion in the nonprescription drug market; bered 25 on page 9466 of volume 37 of the Fed-
of this section, the Secretary determined in a (iv) the impact of such provision on consumer eral Register, published on May 11, 1972.
proposed or final rule to be ineligible for review access to nonprescription drug products; (b) RULE OF CONSTRUCTION.—Nothing in this
under the OTC drug review (as such phrase (v) the impact of such provision on the prices section shall be construed to preclude or limit
‘OTC drug review’ was used in section 330.14 of of nonprescription drug products; and the applicability of any other provision of the
title 21, Code of Federal Regulations, as in effect (vi) whether the administrative orders initi- Federal Food, Drug, and Cosmetic Act (21
on the day before the date of the enactment of ated by requestors under such section 505G have U.S.C. 301 et seq.).
this section). been sufficient to encourage the development of SEC. 3854. TREATMENT OF SUNSCREEN INNOVA-
‘‘(3) PRESERVATION OF AUTHORITY.— nonprescription drug products that would likely TION ACT.
‘‘(A) Nothing in paragraph (1) shall be con- not be otherwise developed, or developed in as (a) REVIEW OF NONPRESCRIPTION SUNSCREEN
strued to preclude or limit the applicability of timely a manner; and ACTIVE INGREDIENTS.—
any provision of this Act other than this sec- (E) whether the administrative orders initi- (1) APPLICABILITY OF SECTION 505G FOR PEND-
tion. ated by requestors under such section 505G have ING SUBMISSIONS.—
‘‘(B) Nothing in subsection (a) shall be con- been sufficient incentive to encourage innova- (A) IN GENERAL.—A sponsor of a nonprescrip-
strued to prohibit the Secretary from issuing an tion in the nonprescription drug market; and tion sunscreen active ingredient or combination
order under this section finding a drug to be not (2) an analysis of the impact of exclusivity of nonprescription sunscreen active ingredients
generally recognized as safe and effective under under such section 586C for sunscreen ingredi- that, as of the date of enactment of this Act, is
section 201(p)(1), as the Secretary determines ents, including— subject to a proposed sunscreen order under sec-
(A) the number of sunscreen ingredients that tion 586C of the Federal Food, Drug, and Cos-
appropriate.
‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is were granted exclusivity and the specific ingre- metic Act (21 U.S.C. 360fff–3) may elect, by
not subject to this section if an exemption for in- dient that was determined to be generally recog- means of giving written notification to the Sec-
vestigational use under section 505(i) is in effect nized as safe and effective; retary of Health and Human Services within 180
(B) whether, and to what extent, the exclu- calendar days of the enactment of this Act, to
for such drug.
sivity impacted the requestor’s or sponsor’s deci- transition into the review of such ingredient or
‘‘(o) INAPPLICABILITY OF PAPERWORK REDUC-
sion to develop the sunscreen ingredient; combination of ingredients pursuant to the proc-
TION ACT.—Chapter 35 of title 44, United States
(C) whether, and to what extent, the sun- ess set out in section 505G of the Federal Food,
Code, shall not apply to collections of informa-
screen ingredient granted exclusivity had pre- Drug, and Cosmetic Act, as added by section
tion made under this section.
viously been available outside of the United 3851 of this subtitle.
‘‘(p) INAPPLICABILITY OF NOTICE AND COM-
States; (B) ELECTION EXERCISED.—Upon receipt by
MENT RULEMAKING AND OTHER REQUIRE-
(D) an analysis of the implementation of the the Secretary of Health and Human Services of
MENTS.—The requirements of subsection (b)
exclusivity provision in such section 586C, in- a timely notification under subparagraph (A)—
shall apply with respect to orders issued under
cluding— (i) the proposed sunscreen order involved is
this section instead of the requirements of sub- (i) the resources used by the Food and Drug
chapter II of chapter 5 of title 5, United States deemed to be a request for an order under sub-
Administration; section (b) of section 505G of the Federal Food,
Code. (ii) the impact of such provision on innova-
‘‘(q) DEFINITIONS.—In this section: Drug, and Cosmetic Act, as added by section
tion, as well as research and development in the 3851 of this subtitle; and
‘‘(1) The term ‘nonprescription drug’ refers to sunscreen market;
a drug not subject to the requirements of section (ii) such order is deemed to have been accept-
(iii) the impact of such provision on competi- ed for filing under subsection (b)(6)(A)(i) of such
503(b)(1). tion in the sunscreen market;
‘‘(2) The term ‘sponsor’ refers to any person section 505G.
(iv) the impact of such provision on consumer (C) ELECTION NOT EXERCISED.—If a notifica-
marketing, manufacturing, or processing a drug access to sunscreen products;
that— tion under subparagraph (A) is not received by
(v) the impact of such provision on the prices the Secretary of Health and Human Services
‘‘(A) is listed pursuant to section 510(j); and of sunscreen products; and
‘‘(B) is or will be subject to an administrative within 180 calendar days of the date of enact-
(vi) whether the administrative orders initi-
order under this section of the Food and Drug ment of this Act, the review of the proposed sun-
ated by requestors under such section 505G have
Administration. screen order described in subparagraph (A)—
been utilized by sunscreen ingredient sponsors (i) shall continue under section 586C of the
‘‘(3) The term ‘requestor’ refers to any person and whether such process has been sufficient to
or group of persons marketing, manufacturing, Federal Food, Drug, and Cosmetic Act (21
encourage the development of sunscreen ingredi- U.S.C. 360fff–3); and
processing, or developing a drug.’’. ents that would likely not be otherwise devel-
(b) GAO STUDY.—Not later than 4 years after (ii) shall not be eligible for review under sec-
oped, or developed in as timely a manner; and tion 505G, added by section 3851 of this subtitle.
the date of enactment of this Act, the Comp- (E) whether the administrative orders initi- (2) DEFINITIONS.—In this subsection, the terms
troller General of the United States shall submit ated by requestors under such section 586C have ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sunscreen ac-
a study to the Committee on Energy and Com- been sufficient incentive to encourage innova- tive ingredient’’, and ‘‘proposed sunscreen
merce of the House of Representatives and the tion in the sunscreen market. order’’ have the meanings given to those terms
Committee on Health, Education, Labor, and (c) CONFORMING AMENDMENT.—Section in section 586 of the Federal Food, Drug, and
Pensions of the Senate addressing the effective- 751(d)(1) of the Federal Food, Drug, and Cos- Cosmetic Act (21 U.S.C. 360fff).
ness and overall impact of exclusivity under sec- metic Act (21 U.S.C. 379r(d)(1)) is amended— (b) AMENDMENTS TO SUNSCREEN PROVISIONS.—
tion 505G of the Federal Food, Drug, and Cos- (1) in the matter preceding subparagraph (1) FINAL SUNSCREEN ORDERS.—Paragraph (3)
metic Act, as added by subsection (a), and sec- (A)— of section 586C(e) of the Federal Food, Drug,
tion 586C of such Act (21 U.S.C. 360fff–3), in- (A) by striking ‘‘final regulation promul- and Cosmetic Act (21 U.S.C. 360fff–3(e)) is
cluding the impact of such exclusivity on con- gated’’ and inserting ‘‘final order under section amended to read as follows:
sumer access. Such study shall include— 505G’’; and ‘‘(3) RELATIONSHIP TO ORDERS UNDER SECTION
(1) an analysis of the impact of exclusivity (B) by striking ‘‘and not misbranded’’; and 505G.—A final sunscreen order shall be deemed to
under such section 505G for nonprescription (2) in subparagraph (A), by striking ‘‘regula- be a final order under section 505G.’’.
drug products, including— tion in effect’’ and inserting ‘‘regulation or (2) MEETINGS.—Paragraph (7) of section
(A) the number of nonprescription drug prod- order in effect’’. 586C(b) of the Federal Food, Drug, and Cosmetic
ucts that were granted exclusivity and the indi- SEC. 3852. MISBRANDING. Act (21 U.S.C. 360fff–3(b)) is amended—
cation for which the nonprescription drug prod- Section 502 of the Federal Food, Drug, and (A) by striking ‘‘A sponsor may request’’ and
ucts were determined to be generally recognized Cosmetic Act (21 U.S.C. 352) is amended by add- inserting the following:
as safe and effective; ing at the end the following: ‘‘(A) IN GENERAL.—A sponsor may request’’;
(B) whether the exclusivity for such drug ‘‘(ee) If it is a nonprescription drug that is and
products was granted for— subject to section 505G, is not the subject of an (B) by adding at the end the following:
(i) a new active ingredient (including any application approved under section 505, and ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor
ester or salt of the active ingredient); or does not comply with the requirements under may request one or more confidential meetings
(ii) changes in the conditions of use of a drug, section 505G. with respect to a proposed sunscreen order, in-
for which new human data studies conducted or ‘‘(ff) If it is a drug and it was manufactured, cluding a letter deemed to be a proposed sun-
dlhill on DSKBBY8HB2PROD with HOUSE
sponsored by the requestor were essential; prepared, propagated, compounded, or processed screen order under paragraph (3), to discuss
(C) whether, and to what extent, the exclu- in a facility for which fees have not been paid matters relating to data requirements to support
sivity impacted the requestor’s or sponsor’s deci- as required by section 744M.’’. a general recognition of safety and effectiveness
sion to develop the drug product; SEC. 3853. DRUGS EXCLUDED FROM THE OVER- involving confidential information and public
(D) an analysis of the implementation of the THE-COUNTER DRUG REVIEW. information related to such proposed sunscreen
exclusivity provision in such section 505G, in- (a) IN GENERAL.—Nothing in this Act (or the order, as appropriate. The Secretary shall con-
cluding— amendments made by this Act) shall apply to vene a confidential meeting with such sponsor
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1777
in a reasonable time period. If a sponsor re- drug products set forth in part 352 of title 21, subsection in which the Secretary indicates that
quests more than one confidential meeting for Code of Federal Regulations (as in effect on the Food and Drug Administration has com-
the same proposed sunscreen order, the Sec- May 21, 1999). pleted its evaluation and revised, in a final
retary may refuse to grant an additional con- (B) ISSUANCE OF REVISED SUNSCREEN ORDER; order, as applicable, the cough and cold mono-
fidential meeting request if the Secretary deter- EFFECTIVE DATE.—A revised sunscreen order de- graph as described in subsection (a)(2).
mines that such additional confidential meeting scribed in subparagraph (A) shall be— SEC. 3856. TECHNICAL CORRECTIONS.
is not reasonably necessary for the sponsor to (i) issued in accordance with the procedures (a) IMPORTS AND EXPORTS.—Section
advance its proposed sunscreen order, or if the described in section 505G(b)(2) of the Federal 801(e)(4)(E)(iii) of the Federal Food, Drug, and
request for a confidential meeting fails to in- Food, Drug, and Cosmetic Act; Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is
clude sufficient information upon which to base (ii) issued in proposed form not later than 18 amended by striking ‘‘subparagraph’’ each
a substantive discussion. The Secretary shall months after the date of enactment of this Act; place such term appears and inserting ‘‘para-
publish a post-meeting summary of each con- and graph’’.
fidential meeting under this subparagraph that (iii) issued by the Secretary at least 1 year (b) FDA REAUTHORIZATION ACT OF 2017.—
does not disclose confidential commercial infor- prior to the effective date of the revised order. (1) IN GENERAL.—Section 905(b)(4) of the FDA
mation or trade secrets. This subparagraph does (2) REPORTS.—If a revised sunscreen order Reauthorization Act of 2017 (Public Law 115–52)
not authorize the disclosure of confidential com- issued under paragraph (1) does not include is amended by striking ‘‘Section 744H(e)(2)(B)’’
mercial information or trade secrets subject to provisions related to the effectiveness of various and inserting ‘‘Section 744H(f)(2)(B)’’.
552(b)(4) of title 5, United States Code, or section sun protection factor levels, and does not ad- (2) EFFECTIVE DATE.—The amendment made
1905 of title 18, United States Code.’’. dress all dosage forms known to the Secretary to by paragraph (1) shall take effect as of the en-
(3) EXCLUSIVITY.—Section 586C of the Federal be used in sunscreens marketed in the United actment of the FDA Reauthorization Act of 2017
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff– States without a new drug application approved (Public Law 115–52).
3) is amended by adding at the end the fol- under section 505 of the Federal Food, Drug, PART II—USER FEES
lowing: and Cosmetic Act (21 U.S.C. 355), the Secretary
SEC. 3861. FINDING.
‘‘(f) EXCLUSIVITY.— shall submit a report to the Committee on En-
ergy and Commerce of the House of Representa- The Congress finds that the fees authorized by
‘‘(1) IN GENERAL.—A final sunscreen order the amendments made in this part will be dedi-
shall have the effect of authorizing solely the tives and the Committee on Health, Education,
Labor, and Pensions of the Senate on the ra- cated to OTC monograph drug activities, as set
order requestor (or the licensees, assignees, or forth in the goals identified for purposes of part
successors in interest of such requestor with re- tionale for omission of such provisions from
such order, and a plan and timeline to compile 10 of subchapter C of chapter VII of the Federal
spect to the subject of such request and listed Food, Drug, and Cosmetic Act, in the letters
under paragraph (5)) for a period of 18 months, any information necessary to address such pro-
visions through such order. from the Secretary of Health and Human Serv-
to market a sunscreen ingredient under this sec- ices to the Chairman of the Committee on
tion incorporating changes described in para- (d) TREATMENT OF NON-SUNSCREEN TIME AND
EXTENT APPLICATIONS.— Health, Education, Labor, and Pensions of the
graph (2) subject to the limitations under para- Senate and the Chairman of the Committee on
graph (4), beginning on the date the requestor (1) IN GENERAL.—Any application described in
section 586F of the Federal Food, Drug, and Energy and Commerce of the House of Rep-
(or any licensees, assignees, or successors in in- resentatives, as set forth in the Congressional
terest of such requestor with respect to the sub- Cosmetic Act (21 U.S.C. 360fff–6) that was sub-
mitted to the Secretary pursuant to section Record.
ject of such request and listed under paragraph SEC. 3862. FEES RELATING TO OVER-THE-
(5)) may lawfully market such sunscreen ingre- 330.14 of title 21, Code of Federal Regulations,
as such provisions were in effect immediately COUNTER DRUGS.
dient pursuant to the order. Subchapter C of chapter VII of the Federal
‘‘(2) CHANGES DESCRIBED.—A change described prior to the date of enactment date of this Act,
shall be extinguished as of such date of enact- Food, Drug, and Cosmetic Act (21 U.S.C. 379f et
in this paragraph is a change subject to an seq.) is amended by inserting after part 9 the
order specified in paragraph (1) that permits a ment, subject to paragraph (2).
(2) ORDER REQUEST.—Nothing in paragraph following:
sunscreen to contain an active sunscreen ingre-
(1) precludes the submission of an order request ‘‘PART 10—FEES RELATING TO OVER-THE-
dient not previously incorporated in a marketed
under section 505G(b) of the Federal Food, COUNTER DRUGS
sunscreen listed in paragraph (3).
‘‘(3) MARKETED SUNSCREEN.—The marketed Drug, and Cosmetic Act, as added by section ‘‘SEC. 744L. DEFINITIONS.
sunscreen ingredients described in this para- 3851 of this subtitle, with respect to a drug that ‘‘In this part:
graph are sunscreen ingredients— was the subject of an application extinguished ‘‘(1) The term ‘affiliate’ means a business enti-
‘‘(A) marketed in accordance with a final under paragraph (1). ty that has a relationship with a second busi-
monograph for sunscreen drug products set SEC. 3855. ANNUAL UPDATE TO CONGRESS ON AP- ness entity if, directly or indirectly—
PROPRIATE PEDIATRIC INDICATION ‘‘(A) one business entity controls, or has the
forth at part 352 of title 21, Code of Federal Reg- FOR CERTAIN OTC COUGH AND
ulations (as published at 64 Fed. Reg. 27687); or power to control, the other business entity; or
COLD DRUGS. ‘‘(B) a third party controls, or has power to
‘‘(B) marketed in accordance with a final (a) IN GENERAL.—Subject to subsection (c), the
order issued under this section. control, both of the business entities.
Secretary of Health and Human Services shall, ‘‘(2) The term ‘contract manufacturing orga-
‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only one beginning not later than 1 year after the date of
18-month period may be granted per ingredient nization facility’ means an OTC monograph
enactment of this Act, annually submit to the drug facility where neither the owner of such
under paragraph (1). Committee on Energy and Commerce of the
‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR SUC- manufacturing facility nor any affiliate of such
House of Representatives and the Committee on owner or facility sells the OTC monograph drug
CESSORS IN INTEREST.—Requestors shall submit
Health, Education, Labor, and Pensions of the produced at such facility directly to whole-
to the Secretary at the time when a drug subject Senate a letter describing the progress of the
to such request is introduced or delivered for in- salers, retailers, or consumers in the United
Food and Drug Administration— States.
troduction into interstate commerce, a list of li- (1) in evaluating the cough and cold mono- ‘‘(3) The term ‘costs of resources allocated for
censees, assignees, or successors in interest graph described in subsection (b) with respect to OTC monograph drug activities’ means the ex-
under paragraph (1).’’. children under age 6; and penses in connection with OTC monograph drug
(4) SUNSET PROVISION.—Subchapter I of chap- (2) as appropriate, revising such cough and activities for—
ter V of the Federal Food, Drug, and Cosmetic cold monograph to address such children ‘‘(A) officers and employees of the Food and
Act (21 U.S.C. 360fff et seq.) is amended by add- through the order process under section 505G(b) Drug Administration, contractors of the Food
ing at the end the following: of the Federal Food, Drug, and Cosmetic Act, as and Drug Administration, advisory committees,
‘‘SEC. 586H. SUNSET. added by section 3851 of this subtitle. and costs related to such officers, employees,
‘‘This subchapter shall cease to be effective at (b) COUGH AND COLD MONOGRAPH DE- and committees and costs related to contracts
the end of fiscal year 2022.’’. SCRIBED.—The cough and cold monograph de- with such contractors;
(5) TREATMENT OF FINAL SUNSCREEN ORDER.— scribed in this subsection consists of the condi- ‘‘(B) management of information, and the ac-
The Federal Food, Drug, and Cosmetic Act is tions under which nonprescription drugs con- quisition, maintenance, and repair of computer
amended by striking section 586E of such Act (21 taining antitussive, expectorant, nasal decon- resources;
U.S.C. 360fff–5). gestant, or antihistamine active ingredients (or ‘‘(C) leasing, maintenance, renovation, and
(c) TREATMENT OF AUTHORITY REGARDING FI- combinations thereof) are generally recognized repair of facilities and acquisition, mainte-
NALIZATION OF SUNSCREEN MONOGRAPH.— as safe and effective, as specified in part 341 of nance, and repair of fixtures, furniture, sci-
(1) IN GENERAL.— title 21, Code of Federal Regulations (as in ef- entific equipment, and other necessary materials
(A) REVISION OF FINAL SUNSCREEN ORDER.— fect immediately prior to the date of enactment and supplies; and
The Secretary of Health and Human Services of this Act), and included in an order deemed to ‘‘(D) collecting fees under section 744M and
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(referred to in this subsection as the ‘‘Sec- be established under section 505G(b) of the Fed- accounting for resources allocated for OTC
retary’’) shall amend and revise the final ad- eral Food, Drug, and Cosmetic Act, as added by monograph drug activities.
ministrative order concerning nonprescription section 3851 of this subtitle. ‘‘(4) The term ‘FDA establishment identifier’ is
sunscreen (referred to in this subsection as the (c) DURATION OF AUTHORITY.—The require- the unique number automatically generated by
‘‘sunscreen order’’) for which the content, prior ment under subsection (a) shall terminate as of Food and Drug Administration’s Field Accom-
to the date of enactment of this Act, was rep- the date of a letter submitted by the Secretary of plishments and Compliance Tracking System
resented by the final monograph for sunscreen Health and Human Services pursuant to such (FACTS) (or any successor system).
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H1778 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(5) The term ‘OTC monograph drug’ means a ‘‘(10)(A) The term ‘OTC monograph drug fa- ‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each fis-
nonprescription drug without an approved new cility’ means a foreign or domestic business or cal year after fiscal year 2021, the facility fees
drug application which is governed by the pro- other entity that— required under subparagraph (A) shall be due
visions of section 505G. ‘‘(i) is— on the later of—
‘‘(6) The term ‘OTC monograph drug activi- ‘‘(I) under one management, either direct or ‘‘(I) the first business day of June of such
ties’ means activities of the Secretary associated indirect; and year; or
with OTC monograph drugs and inspection of ‘‘(II) at one geographic location or address en- ‘‘(II) the first business day after the enact-
facilities associated with such products, includ- gaged in manufacturing or processing the fin- ment of an appropriations Act providing for the
ing the following activities: ished dosage form of an OTC monograph drug; collection and obligation of fees under this sec-
‘‘(A) The activities necessary for review and ‘‘(ii) includes a finished dosage form manufac- tion for such year.
evaluation of OTC monographs and OTC mono- turer facility in a contractual relationship with ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.—
graph order requests, including— the sponsor of one or more OTC monograph ‘‘(A) IN GENERAL.—Each person that submits
‘‘(i) orders proposing or finalizing applicable drugs to manufacture or process such drugs; an OTC monograph order request shall be sub-
conditions of use for OTC monograph drugs; and ject to a fee for an OTC monograph order re-
‘‘(iii) does not include a business or other en- quest. The amount of such fee shall be—
‘‘(ii) orders affecting status regarding general
tity whose only manufacturing or processing ac- ‘‘(i) for a Tier 1 OTC monograph order re-
recognition of safety and effectiveness of an
tivities are one or more of the following: produc- quest, $500,000, adjusted for inflation for the fis-
OTC monograph ingredient or combination of
tion of clinical research supplies, testing, or cal year (as determined under subsection
ingredients under specified conditions of use;
placement of outer packaging on packages con- (c)(1)(B)); and
‘‘(iii) all OTC monograph drug development
taining multiple products, for such purposes as ‘‘(ii) for a Tier 2 OTC monograph order re-
and review activities, including intra-agency
creating multipacks, when each monograph quest, $100,000, adjusted for inflation for the fis-
collaboration;
drug product contained within the overpack- cal year (as determined under subsection
‘‘(iv) regulation and policy development ac-
aging is already in a final packaged form prior (c)(1)(B)).
tivities related to OTC monograph drugs;
‘‘(v) development of product standards for to placement in the outer overpackaging. ‘‘(B) DUE DATE.—The OTC monograph order
‘‘(B) For purposes of subparagraph (A)(i)(II), request fees required under subparagraph (A)
products subject to review and evaluation;
separate buildings or locations within close shall be due on the date of submission of the
‘‘(vi) meetings referred to in section 505G(i);
proximity are considered to be at one geographic OTC monograph order request.
‘‘(vii) review of labeling prior to issuance of
location or address if the activities conducted in ‘‘(C) EXCEPTION
orders related to OTC monograph drugs or con- FOR CERTAIN SAFETY
such buildings or locations are— CHANGES.—A person who is named as the re-
ditions of use; and ‘‘(i) closely related to the same business enter-
‘‘(viii) regulatory science activities related to questor in an OTC monograph order shall not be
prise;
OTC monograph drugs. ‘‘(ii) under the supervision of the same local subject to a fee under subparagraph (A) if the
‘‘(B) Inspections related to OTC monograph management; and Secretary finds that the OTC monograph order
drugs. ‘‘(iii) under a single FDA establishment iden- request seeks to change the drug facts labeling
‘‘(C) Monitoring of clinical and other research tifier and capable of being inspected by the of an OTC monograph drug in a way that
conducted in connection with OTC monograph Food and Drug Administration during a single would add to or strengthen—
drugs. inspection. ‘‘(i) a contraindication, warning, or pre-
‘‘(D) Safety activities with respect to OTC ‘‘(C) If a business or other entity would meet caution;
monograph drugs, including— criteria specified in subparagraph (A), but for ‘‘(ii) a statement about risk associated with
‘‘(i) collecting, developing, and reviewing being under multiple management, the business misuse or abuse; or
safety information on OTC monograph drugs, or other entity is deemed to constitute multiple ‘‘(iii) an instruction about dosage and admin-
including adverse event reports; facilities, one per management entity, for pur- istration that is intended to increase the safe
‘‘(ii) developing and using improved adverse poses of this paragraph. use of the OTC monograph drug.
event data-collection systems, including infor- ‘‘(11) The term ‘OTC monograph drug meet- ‘‘(D) REFUND OF FEE IF ORDER REQUEST IS RE-
mation technology systems; and ing’ means any meeting regarding the content of CATEGORIZED AS A TIER 2 OTC MONOGRAPH ORDER
‘‘(iii) developing and using improved analyt- a proposed OTC monograph order request. REQUEST.—If the Secretary determines that an
ical tools to assess potential safety risks, includ- ‘‘(12) The term ‘person’ includes an affiliate of OTC monograph request initially characterized
ing access to external databases. a person. as Tier 1 shall be re-characterized as a Tier 2
‘‘(E) Other activities necessary for implemen- ‘‘(13) The terms ‘requestor’ and ‘sponsor’ have OTC monograph order request, and the re-
tation of section 505G. the meanings given such terms in section 505G. questor has paid a Tier 1 fee in accordance with
‘‘(7) The term ‘OTC monograph order request’ ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC subparagraph (A)(i), the Secretary shall refund
means a request for an order submitted under MONOGRAPH FEES. the requestor the difference between the Tier 1
section 505G(b)(5). ‘‘(a) TYPES OF FEES.—Beginning with fiscal and Tier 2 fees determined under subparagraphs
‘‘(8) The term ‘Tier 1 OTC monograph order year 2021, the Secretary shall assess and collect (A)(i) and (A)(ii), respectively.
request’ means any OTC monograph order re- fees in accordance with this section as follows: ‘‘(E) REFUND OF FEE IF ORDER REQUEST RE-
quest not determined to be a Tier 2 OTC mono- ‘‘(1) FACILITY FEE.— FUSED FOR FILING OR WITHDRAWN BEFORE FIL-
graph order request. ‘‘(A) IN GENERAL.—Each person that owns a ING.—The Secretary shall refund 75 percent of
‘‘(9)(A) The term ‘Tier 2 OTC monograph facility identified as an OTC monograph drug the fee paid under subparagraph (B) for any
order request’ means, subject to subparagraph facility on December 31 of the fiscal year or at order request which is refused for filing or was
(B), an OTC monograph order request for— any time during the preceding 12-month period withdrawn before being accepted or refused for
‘‘(i) the reordering of existing information in shall be assessed an annual fee for each such filing.
the drug facts label of an OTC monograph drug; facility as determined under subsection (c). ‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY
‘‘(ii) the addition of information to the other ‘‘(B) EXCEPTIONS.— REFUSED FOR FILING OR WITHDRAWN BEFORE FIL-
information section of the drug facts label of an ‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A fee ING.—An OTC monograph order request that
OTC monograph drug, as limited by section shall not be assessed under subparagraph (A) if was submitted but was refused for filing, or was
201.66(c)(7) of title 21, Code of Federal Regula- the identified OTC monograph drug facility— withdrawn before being accepted or refused for
tions (or any successor regulations); ‘‘(I) has ceased all activities related to OTC
filing, shall be subject to the full fee under sub-
‘‘(iii) modification to the directions for use monograph drugs prior to December 31 of the
paragraph (A) upon being resubmitted or filed
section of the drug facts label of an OTC mono- year immediately preceding the applicable fiscal
over protest.
graph drug, if such changes conform to changes year; and ‘‘(G) REFUND OF FEE IF ORDER REQUEST WITH-
‘‘(II) has updated its registration to reflect
made pursuant to section 505G(c)(3)(A); DRAWN.—If an order request is withdrawn after
such change under the requirements for drug es-
‘‘(iv) the standardization of the concentration the order request was filed, the Secretary may
tablishment registration set forth in section 510.
or dose of a specific finalized ingredient within ‘‘(ii) CONTRACT MANUFACTURING ORGANIZA- refund the fee or a portion of the fee if no sub-
a particular finalized monograph; TIONS.—The amount of the fee for a contract
stantial work was performed on the order re-
‘‘(v) a change to ingredient nomenclature to quest after the application was filed. The Sec-
manufacturing organization facility shall be
align with nomenclature of a standards-setting retary shall have the sole discretion to refund a
equal to two-thirds of the amount of the fee for
organization; or fee or a portion of the fee under this subpara-
an OTC monograph drug facility that is not a
‘‘(vi) addition of an interchangeable term in graph. A determination by the Secretary con-
contract manufacturing organization facility.
accordance with section 330.1 of title 21, Code of ‘‘(C) AMOUNT.—The amount of fees estab- cerning a refund under this subparagraph shall
Federal Regulations (or any successor regula- lished under subparagraph (A) shall be estab- not be reviewable.
tions). lished under subsection (c). ‘‘(3) REFUNDS.—
‘‘(B) The Secretary may, based on program ‘‘(D) DUE DATE.— ‘‘(A) IN GENERAL.—Other than refunds pro-
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implementation experience or other factors ‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal vided pursuant to any of subparagraphs (D)
found appropriate by the Secretary, charac- year 2021, the facility fees required under sub- through (G) of paragraph (2), the Secretary
terize any OTC monograph order request as a paragraph (A) shall be due on the later of— shall not refund any fee paid under paragraph
Tier 2 OTC monograph order request (including ‘‘(I) the first business day of July of 2020; or (1) except as provided in subparagraph (B).
recharacterizing a request from Tier 1 to Tier 2) ‘‘(II) 45 calendar days after publication of the ‘‘(B) DISPUTES CONCERNING FEES.—To qualify
and publish such determination in a proposed Federal Register notice provided for under sub- for the return of a fee claimed to have been paid
order issued pursuant to section 505G. section (c)(4)(A). in error under paragraph (1) or (2), a person
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1779
shall submit to the Secretary a written request such positions for the first 3 years of the pre- cility shall submit to the Secretary the informa-
justifying such return within 180 calendar days ceding 4 fiscal years, multiplied by the propor- tion required under this subsection each year.
after such fee was paid. tion of personnel compensation and benefits Such information shall, for each fiscal year—
‘‘(4) NOTICE.—Within the timeframe specified costs to total costs of OTC monograph drug ac- ‘‘(1) be submitted as part of the requirements
in subsection (c), the Secretary shall publish in tivities for the first 3 years of the preceding 4 for drug establishment registration set forth in
the Federal Register the amount of the fees fiscal years; and section 510; and
under paragraph (1) for such fiscal year. ‘‘(II) the average annual percent change that ‘‘(2) include for each such facility, at a min-
‘‘(b) FEE REVENUE AMOUNTS.— occurred in the Consumer Price Index for urban imum, identification of the facility’s business
‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, consumers (Washington-Baltimore, DC–MD– operation as that of an OTC monograph drug
fees under subsection (a)(1) shall be established VA–WV; Not Seasonally Adjusted; All items; facility.
to generate a total facility fee revenue amount Annual Index) for the first 3 years of the pre- ‘‘(e) EFFECT OF FAILURE TO PAY FEES.—
equal to the sum of— ceding 4 years of available data multiplied by ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.—
‘‘(A) the annual base revenue for fiscal year the proportion of all costs other than personnel ‘‘(A) IN GENERAL.—Failure to pay the fee
2021 (as determined under paragraph (3)); compensation and benefits costs to total costs of under subsection (a)(1) within 20 calendar days
‘‘(B) the dollar amount equal to the operating OTC monograph drug activities for the first 3 of the due date as specified in subparagraph (D)
reserve adjustment for the fiscal year, if appli- years of the preceding 4 fiscal years. of such subsection shall result in the following:
cable (as determined under subsection (c)(2)); ‘‘(2) OPERATING RESERVE ADJUSTMENT.— ‘‘(i) The Secretary shall place the facility on
and ‘‘(A) IN GENERAL.—For fiscal year 2021 and a publicly available arrears list.
‘‘(C) additional direct cost adjustments (as de- subsequent fiscal years, for purposes of sub- ‘‘(ii) All OTC monograph drugs manufactured
termined under subsection (c)(3)). sections (b)(1)(B) and (b)(2)(C), the Secretary in such a facility or containing an ingredient
‘‘(2) SUBSEQUENT FISCAL YEARS.—For each of may, in addition to adjustments under para- manufactured in such a facility shall be deemed
the fiscal years 2022 through 2025, fees under graph (1), further increase the fee revenue and misbranded under section 502(ff).
subsection (a)(1) shall be established to generate fees if such an adjustment is necessary to pro- ‘‘(B) APPLICATION OF PENALTIES.—The pen-
a total facility fee revenue amount equal to the vide operating reserves of carryover user fees for alties under this paragraph shall apply until
sum of— OTC monograph drug activities for not more the fee established by subsection (a)(1) is paid.
‘‘(A) the annual base revenue for the fiscal than the number of weeks specified in subpara- ‘‘(2) ORDER REQUESTS.—An OTC monograph
year (as determined under paragraph (3)); graph (B). order request submitted by a person subject to
‘‘(B) the dollar amount equal to the inflation ‘‘(B) NUMBER OF WEEKS.—The number of fees under subsection (a) shall be considered in-
adjustment for the fiscal year (as determined weeks specified in this subparagraph is— complete and shall not be accepted for filing by
under subsection (c)(1)); ‘‘(i) 3 weeks for fiscal year 2021; the Secretary until all fees owed by such person
‘‘(C) the dollar amount equal to the operating ‘‘(ii) 7 weeks for fiscal year 2022; under this section have been paid.
reserve adjustment for the fiscal year, if appli- ‘‘(iii) 10 weeks for fiscal year 2023; ‘‘(3) MEETINGS.—A person subject to fees
cable (as determined under subsection (c)(2)); ‘‘(iv) 10 weeks for fiscal year 2024; and under this section shall be considered ineligible
‘‘(D) additional direct cost adjustments (as de- ‘‘(v) 10 weeks for fiscal year 2025. for OTC monograph drug meetings until all
termined under subsection (c)(3)); and ‘‘(C) DECREASE.—If the Secretary has carry- such fees owed by such person have been paid.
‘‘(E) additional dollar amounts for each fiscal over balances for such process in excess of 10 ‘‘(f) CREDITING AND AVAILABILITY OF FEES.—
year as follows: weeks of the operating reserves referred to in ‘‘(1) IN GENERAL.—Fees authorized under sub-
‘‘(i) $7,000,000 for fiscal year 2022. subparagraph (A), the Secretary shall decrease section (a) shall be collected and available for
‘‘(ii) $6,000,000 for fiscal year 2023. the fee revenue and fees referred to in such sub- obligation only to the extent and in the amount
‘‘(iii) $7,000,000 for fiscal year 2024. paragraph to provide for not more than 10 provided in advance in appropriations Acts.
‘‘(iv) $3,000,000 for fiscal year 2025. weeks of such operating reserves. Such fees are authorized to remain available
‘‘(3) ANNUAL BASE REVENUE.—For purposes of ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an ad- until expended. Such sums as may be necessary
paragraphs (1)(A) and (2)(A), the dollar amount justment under this paragraph is made, the ra- may be transferred from the Food and Drug Ad-
of the annual base revenue for a fiscal year tionale for the amount of the increase or de- ministration salaries and expenses appropria-
shall be— crease (as applicable) in fee revenue and fees tion account without fiscal year limitation to
‘‘(A) for fiscal year 2021, $8,000,000; and shall be contained in the annual Federal Reg- such appropriation account for salaries and ex-
‘‘(B) for fiscal years 2022 through 2025, the ister notice under paragraph (4) establishing fee penses with such fiscal year limitation. The
dollar amount of the total revenue amount es- revenue and fees for the fiscal year involved. sums transferred shall be available solely for
tablished under this subsection for the previous ‘‘(3) ADDITIONAL DIRECT COST ADJUSTMENT.— OTC monograph drug activities.
fiscal year, not including any adjustments made The Secretary shall, in addition to adjustments ‘‘(2) COLLECTIONS AND APPROPRIATION ACTS.—
under subsection (c)(2) or (c)(3). under paragraphs (1) and (2), further increase ‘‘(A) IN GENERAL.—Subject to subparagraph
‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— the fee revenue and fees for purposes of sub- (C), the fees authorized by this section shall be
‘‘(1) INFLATION ADJUSTMENT.— section (b)(2)(D) by an amount equal to— collected and available in each fiscal year in an
‘‘(A) IN GENERAL.—For purposes of subsection ‘‘(A) $14,000,000 for fiscal year 2021; amount not to exceed the amount specified in
(b)(2)(B), the dollar amount of the inflation ad- ‘‘(B) $7,000,000 for fiscal year 2022; appropriation Acts, or otherwise made available
justment to the annual base revenue for fiscal ‘‘(C) $4,000,000 for fiscal year 2023; for obligation, for such fiscal year.
year 2022 and each subsequent fiscal year shall ‘‘(D) $3,000,000 for fiscal year 2024; and ‘‘(B) USE OF FEES AND LIMITATION.—The fees
be equal to the product of— ‘‘(E) $3,000,000 for fiscal year 2025. authorized by this section shall be available to
‘‘(i) such annual base revenue for the fiscal ‘‘(4) ANNUAL FEE SETTING.— defray increases in the costs of the resources al-
year under subsection (b)(2); and ‘‘(A) FISCAL YEAR 2021.—The Secretary shall, located for OTC monograph drug activities (in-
‘‘(ii) the inflation adjustment percentage not later than the second Monday in May of cluding increases in such costs for an additional
under subparagraph (C). 2020— number of full-time equivalent positions in the
‘‘(B) OTC MONOGRAPH ORDER REQUEST FEES.— ‘‘(i) establish OTC monograph drug facility Department of Health and Human Services to be
For purposes of subsection (a)(2), the dollar fees for fiscal year 2021 under subsection (a), engaged in such activities), only if the Secretary
amount of the inflation adjustment to the fee for based on the revenue amount for such year allocates for such purpose an amount for such
OTC monograph order requests for fiscal year under subsection (b) and the adjustments pro- fiscal year (excluding amounts from fees col-
2022 and each subsequent fiscal year shall be vided under this subsection; and lected under this section) no less than
equal to the product of— ‘‘(ii) publish fee revenue, facility fees, and $12,000,000, multiplied by the adjustment factor
‘‘(i) the applicable fee under subsection (a)(2) OTC monograph order requests in the Federal applicable to the fiscal year involved under sub-
for the preceding fiscal year; and Register. section (c)(1).
‘‘(ii) the inflation adjustment percentage ‘‘(B) SUBSEQUENT FISCAL YEARS.—The Sec- ‘‘(C) COMPLIANCE.—The Secretary shall be
under subparagraph (C). retary shall, for each fiscal year that begins considered to have met the requirements of sub-
‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.— after September 30, 2021, not later than the sec- paragraph (B) in any fiscal year if the costs
The inflation adjustment percentage under this ond Monday in March that precedes such fiscal funded by appropriations and allocated for OTC
subparagraph for a fiscal year is equal to— year— monograph drug activities are not more than 15
‘‘(i) for each of fiscal years 2022 and 2023, the ‘‘(i) establish for such fiscal year, based on percent below the level specified in such sub-
average annual percent change that occurred in the revenue amounts under subsection (b) and paragraph.
the Consumer Price Index for urban consumers the adjustments provided under this sub- ‘‘(D) PROVISION FOR EARLY PAYMENTS IN SUB-
(Washington-Baltimore, DC–MD–VA–WV; Not section— SEQUENT YEARS.—Payment of fees authorized
Seasonally Adjusted; All items; Annual Index) ‘‘(I) OTC monograph drug facility fees under under this section for a fiscal year (after fiscal
for the first 3 years of the preceding 4 years of subsection (a)(1); and year 2021), prior to the due date for such fees,
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available data; and ‘‘(II) OTC monograph order request fees under may be accepted by the Secretary in accordance
‘‘(ii) for each of fiscal years 2024 and 2025, the subsection (a)(2); and with authority provided in advance in a prior
sum of— ‘‘(ii) publish such fee revenue amounts, facil- year appropriations Act.
‘‘(I) the average annual percent change in the ity fees, and OTC monograph order request fees ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
cost, per full-time equivalent position of the in the Federal Register. For each of the fiscal years 2021 through 2025,
Food and Drug Administration, of all personnel ‘‘(d) IDENTIFICATION OF FACILITIES.—Each there is authorized to be appropriated for fees
compensation and benefits paid with respect to person that owns an OTC monograph drug fa- under this section an amount equal to the total
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H1780 CONGRESSIONAL RECORD — HOUSE March 27, 2020
amount of fees assessed for such fiscal year of the views and comments received under such passenger air carriers, eligible businesses that
under this section. paragraph, and any changes made to the rec- are certified under part 145 of title 14, Code of
‘‘(g) COLLECTION OF UNPAID FEES.—In any ommendations in response to such views and Federal Regulations, and approved to perform
case where the Secretary does not receive pay- comments.’’. inspection, repair, replace, or overhaul services,
ment of a fee assessed under subsection (a) TITLE IV—ECONOMIC STABILIZATION AND and ticket agents (as defined in section 40102 of
within 30 calendar days after it is due, such fee ASSISTANCE TO SEVERELY DISTRESSED title 49, United States Code).
shall be treated as a claim of the United States SECTORS OF THE UNITED STATES ECON- (2) Not more than $4,000,000,000 shall be avail-
Government subject to subchapter II of chapter OMY able to make loans and loan guarantees for
37 of title 31, United States Code. cargo air carriers.
‘‘(h) CONSTRUCTION.—This section may not be Subtitle A—Coronavirus Economic (3) Not more than $17,000,000,000 shall be
construed to require that the number of full-time Stabilization Act of 2020 available to make loans and loan guarantees for
equivalent positions in the Department of SEC. 4001. SHORT TITLE. businesses critical to maintaining national secu-
Health and Human Services, for officers, em- This subtitle may be cited as the ‘‘Coronavirus rity.
ployers, and advisory committees not engaged in Economic Stabilization Act of 2020’’. (4) Not more than the sum of $454,000,000,000
OTC monograph drug activities, be reduced to SEC. 4002. DEFINITIONS. and any amounts available under paragraphs
offset the number of officers, employees, and ad- In this subtitle: (1), (2), and (3) that are not used as provided
visory committees so engaged. (1) AIR CARRIER.—The term ‘‘air carrier’’ has under those paragraphs shall be available to
‘‘SEC. 744N. REAUTHORIZATION; REPORTING RE- the meaning such term has under section 40102 make loans and loan guarantees to, and other
QUIREMENTS. of title 49, United States Code. investments in, programs or facilities established
‘‘(a) PERFORMANCE REPORT.—Beginning with (2) CORONAVIRUS.—The term ‘‘coronavirus’’ by the Board of Governors of the Federal Re-
fiscal year 2021, and not later than 120 calendar means SARS–CoV–2 or another coronavirus with serve System for the purpose of providing liquid-
days after the end of each fiscal year thereafter pandemic potential. ity to the financial system that supports lending
for which fees are collected under this part, the (3) COVERED LOSS.—The term ‘‘covered loss’’ to eligible businesses, States, or municipalities
Secretary shall prepare and submit to the Com- includes losses incurred directly or indirectly as by—
mittee on Energy and Commerce of the House of a result of coronavirus, as determined by the (A) purchasing obligations or other interests
Representatives and the Committee on Health, Secretary. directly from issuers of such obligations or other
Education, Labor, and Pensions of the Senate a (4) ELIGIBLE BUSINESS.—The term ‘‘eligible interests;
report concerning the progress of the Food and business’’ means— (B) purchasing obligations or other interests
Drug Administration in achieving the goals (A) an air carrier; or in secondary markets or otherwise; or
identified in the letters described in section (B) a United States business that has not oth- (C) making loans, including loans or other ad-
3861(b) of the CARES Act during such fiscal erwise received adequate economic relief in the vances secured by collateral.
year and the future plans of the Food and Drug (c) TERMS AND CONDITIONS.—
form of loans or loan guarantees provided under
Administration for meeting such goals. (1) IN GENERAL.—
this Act.
‘‘(b) FISCAL REPORT.—Not later than 120 cal- (A) FORMS; TERMS AND CONDITIONS.—A loan,
(5) EMPLOYEE.—Except where the context oth-
endar days after the end of fiscal year 2021 and loan guarantee, or other investment by the Sec-
erwise requires, the term ‘‘employee’’—
each subsequent fiscal year for which fees are retary shall be made under this section in such
(A) has the meaning given the term in section
collected under this part, the Secretary shall form and on such terms and conditions and con-
2 of the National Labor Relations Act (29 U.S.C.
prepare and submit to the Committee on Energy tain such covenants, representations, warran-
152); and
and Commerce of the House of Representatives ties, and requirements (including requirements
(B) includes any individual employed by an
and the Committee on Health, Education, for audits) as the Secretary determines appro-
employer subject to the Railway Labor Act (45
Labor, and Pensions of the Senate a report on priate. Any loans made by the Secretary under
U.S.C. 151 et seq.).
the implementation of the authority for such this section shall be at a rate determined by the
(6) EQUITY SECURITY; EXCHANGE.—The terms
fees during such fiscal year and the use, by the Secretary based on the risk and the current av-
‘‘equity security’’ and ‘‘exchange’’ have the
Food and Drug Administration, of the fees col- erage yield on outstanding marketable obliga-
meanings given the terms in section 3(a) of the
lected for such fiscal year. tions of the United States of comparable matu-
Securities Exchange Act of 1934 (15 U.S.C.
‘‘(c) PUBLIC AVAILABILITY.—The Secretary rity.
78c(a)). (B) PROCEDURES.—As soon as practicable, but
shall make the reports required under sub- (7) MUNICIPALITY.—The term ‘‘municipality’’
sections (a) and (b) available to the public on in no case later than 10 days after the date of
includes— enactment of this Act, the Secretary shall pub-
the internet website of the Food and Drug Ad- (A) a political subdivision of a State, and
ministration. lish procedures for application and minimum re-
(B) an instrumentality of a municipality, a quirements, which may be supplemented by the
‘‘(d) REAUTHORIZATION.— State, or a political subdivision of a State.
‘‘(1) CONSULTATION.—In developing rec- Secretary in the Secretary’s discretion, for mak-
(8) NATIONAL SECURITIES EXCHANGE.—The ing loans, loan guarantees, or other investments
ommendations to present to the Congress with term ‘‘national securities exchange’’ means an
respect to the goals described in subsection (a), under paragraphs (1), (2) and (3) of subsection
exchange registered as a national securities ex- (b) .
and plans for meeting the goals, for OTC mono- change under section 6 of the Securities Ex-
graph drug activities for the first 5 fiscal years (2) LOANS AND LOAN GUARANTEES .—The Sec-
change Act of 1934 (15 U.S.C. 78f). retary may enter into agreements to make loans
after fiscal year 2025, and for the reauthoriza- (9) SECRETARY.—The term ‘‘Secretary’’ means
tion of this part for such fiscal years, the Sec- or loan guarantees to 1 or more eligible busi-
the Secretary of the Treasury, or the designee of nesses under paragraphs (1), (2) and (3) of sub-
retary shall consult with— the Secretary of the Treasury.
‘‘(A) the Committee on Energy and Commerce section (b) if the Secretary determines that, in
(10) STATE.—The term ‘‘State’’ means— the Secretary’s discretion—
of the House of Representatives; (A) any of the several States;
‘‘(B) the Committee on Health, Education, (A) the applicant is an eligible business for
(B) the District of Columbia; which credit is not reasonably available at the
Labor, and Pensions of the Senate;
(C) any of the territories and possessions of time of the transaction;
‘‘(C) scientific and academic experts;
the United States; (B) the intended obligation by the applicant is
‘‘(D) health care professionals;
‘‘(E) representatives of patient and consumer (D) any bi-State or multi-State entity; and prudently incurred;
advocacy groups; and (E) any Indian Tribe. (C) the loan or loan guarantee is sufficiently
‘‘(F) the regulated industry. SEC. 4003. EMERGENCY RELIEF AND TAXPAYER secured or is made at a rate that—
‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— PROTECTIONS. (i) reflects the risk of the loan or loan guar-
After negotiations with the regulated industry, (a) IN GENERAL.—Notwithstanding any other antee; and
the Secretary shall— provision of law, to provide liquidity to eligible (ii) is to the extent practicable, not less than
‘‘(A) present the recommendations developed businesses, States, and municipalities related to an interest rate based on market conditions for
under paragraph (1) to the congressional com- losses incurred as a result of coronavirus, the comparable obligations prevalent prior to the
mittees specified in such paragraph; Secretary is authorized to make loans, loan outbreak of the coronavirus disease 2019
‘‘(B) publish such recommendations in the guarantees, and other investments in support of (COVID–19);
Federal Register; eligible businesses, States, and municipalities (D) the duration of the loan or loan guarantee
‘‘(C) provide for a period of 30 calendar days that do not, in the aggregate, exceed is as short as practicable and in any case not
for the public to provide written comments on $500,000,000,000 and provide the subsidy longer than 5 years;
such recommendations; amounts necessary for such loans, loan guaran- (E) the agreement provides that, until the date
‘‘(D) hold a meeting at which the public may tees, and other investments in accordance with 12 months after the date the loan or loan guar-
present its views on such recommendations; and the provisions of the Federal Credit Reform Act antee is no longer outstanding, neither the eligi-
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‘‘(E) after consideration of such public views of 1990 (2 U.S.C. 661 et seq.). ble business nor any affiliate of the eligible busi-
and comments, revise such recommendations as (b) LOANS, LOAN GUARANTEES, AND OTHER IN- ness may purchase an equity security that is
necessary. VESTMENTS.—Loans, loan guarantees, and other listed on a national securities exchange of the
‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— investments made pursuant to subsection (a) eligible business or any parent company of the
Not later than January 15, 2025, the Secretary shall be made available as follows: eligible business, except to the extent required
shall transmit to the Congress the revised rec- (1) Not more than $25,000,000,000 shall be under a contractual obligation in effect as of
ommendations under paragraph (2), a summary available to make loans and loan guarantees for the date of enactment of this Act;
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1781
(F) the agreement provides that, until the date (D) ASSISTANCE FOR MID-SIZED BUSINESSES.— (1) WARRANT OR SENIOR DEBT INSTRUMENT.—
12 months after the date the loan or loan guar- (i) IN GENERAL.—Without limiting the terms The Secretary may not issue a loan to, or a loan
antee is no longer outstanding, the eligible busi- and conditions of the programs and facilities guarantee for, an eligible business under para-
ness shall not pay dividends or make other cap- that the Secretary may otherwise provide finan- graph (1), (2), or (3) of subsection (b) unless—
ital distributions with respect to the common cial assistance to under subsection (b)(4), the (A)(i) the eligible business has issued securi-
stock of the eligible business; Secretary shall endeavor to seek the implemen- ties that are traded on a national securities ex-
(G) the agreement provides that, until Sep- tation of a program or facility described in sub- change; and
tember 30, 2020, the eligible business shall main- section (b)(4) that provides financing to banks (ii) the Secretary receives a warrant or equity
tain its employment levels as of March 24, 2020, and other lenders that make direct loans to eli- interest in the eligible business; or
to the extent practicable, and in any case shall gible businesses including, to the extent prac- (B) in the case of any eligible business other
not reduce its employment levels by more than ticable, nonprofit organizations, with between than an eligible business described in subpara-
10 percent from the levels on such date; 500 and 10,000 employees, with such direct loans graph (A), the Secretary receives, in the discre-
(H) the agreement includes a certification by being subject to an annualized interest rate that tion of the Secretary—
the eligible business that it is created or orga- is not higher than 2 percent per annum. For the (i) a warrant or equity interest in the eligible
nized in the United States or under the laws of first 6 months after any such direct loan is business; or
the United States and has significant operations made, or for such longer period as the Secretary (ii) a senior debt instrument issued by the eli-
in and a majority of its employees based in the may determine in his discretion, no principal or gible business.
United States; and interest shall be due and payable. Any eligible (2) TERMS AND CONDITIONS.—The terms and
(I) for purposes of a loan or loan guarantee borrower applying for a direct loan under this conditions of any warrant, equity interest, or
under paragraphs (1), (2), and (3) of subsection senior debt instrument received under para-
program shall make a good-faith certification
(b), the eligible business must have incurred or graph (1) shall be set by the Secretary and shall
that—
is expected to incur covered losses such that the (I) the uncertainty of economic conditions as meet the following requirements:
continued operations of the business are jeop- of the date of the application makes necessary (A) PURPOSES.—Such terms and conditions
ardized, as determined by the Secretary. the loan request to support the ongoing oper- shall be designed to provide for a reasonable
(3) FEDERAL RESERVE PROGRAMS OR FACILI- participation by the Secretary, for the benefit of
ations of the recipient;
TIES.—
(II) the funds it receives will be used to retain taxpayers, in equity appreciation in the case of
(A) TERMS AND CONDITIONS.—
(i) DEFINITION.—In this paragraph, the term at least 90 percent of the recipient’s workforce, a warrant or other equity interest, or a reason-
‘‘direct loan’’ means a loan under a bilateral at full compensation and benefits, until Sep- able interest rate premium, in the case of a debt
loan agreement that is — tember 30, 2020; instrument.
(I) entered into directly with an eligible busi- (III) the recipient intends to restore not less (B) AUTHORITY TO SELL, EXERCISE, OR SUR-
ness as borrower; and than 90 percent of the workforce of the recipient RENDER.—For the primary benefit of taxpayers,
(II) not part of a syndicated loan, a loan that existed as of February 1, 2020, and to re- the Secretary may sell, exercise, or surrender a
originated by a financial institution in the ordi- store all compensation and benefits to the work- warrant or any senior debt instrument received
nary course of business, or a securities or cap- ers of the recipient no later than 4 months after under this subsection. The Secretary shall not
ital markets transaction. the termination date of the public health emer- exercise voting power with respect to any shares
(ii) RESTRICTIONS.—The Secretary may make a gency declared by the Secretary of Health and of common stock acquired under this section.
loan, loan guarantee, or other investment under Human Services on January 31, 2020, under sec- (C) SUFFICIENCY.—If the Secretary determines
subsection (b)(4) as part of a program or facility tion 319 of the Public Health Services Act (42 that the eligible business cannot feasibly issue
that provides direct loans only if the applicable U.S.C. 247d) in response to COVID–19; warrants or other equity interests as required by
eligible businesses agree— (IV) the recipient is an entity or business that this subsection, the Secretary may accept a sen-
(I) until the date 12 months after the date on is domiciled in the United States with signifi- ior debt instrument in an amount and on such
which the direct loan is no longer outstanding, cant operations and employees located in the terms as the Secretary deems appropriate.
not to repurchase an equity security that is list- United States; (3) PROHIBITION ON LOAN FORGIVENESS.—The
ed on a national securities exchange of the eligi- (V) the recipient is not a debtor in a bank- principal amount of any obligation issued by an
ble business or any parent company of the eligi- ruptcy proceeding; eligible business, State, or municipality under a
ble business while the direct loan is out- (VI) the recipient is created or organized in program described in subsection (b) shall not be
standing, except to the extent required under a the United States or under the laws of the reduced through loan forgiveness.
contractual obligation that is in effect as of the United States and has significant operations in (e) DEPOSIT OF PROCEEDS.—Amounts collected
date of enactment of this Act; and a majority of its employees based in the under subsection (b) shall be deposited in the
(II) until the date 12 months after the date on United States; following order of priority:
which the direct loan is no longer outstanding, (VII) the recipient will not pay dividends with (1) Into the financing accounts established
not to pay dividends or make other capital dis- respect to the common stock of the eligible busi- under section 505 of the Federal Credit Reform
tributions with respect to the common stock of ness, or repurchase an equity security that is Act of 1990 (2 U.S.C. 661d) to implement this
the eligible business; and listed on a national securities exchange of the subtitle, up to an amount equal to the sum of—
(III) to comply with the limitations on com- recipient or any parent company of the recipient (A) the amount transferred from the appro-
pensation set forth in section 4004. while the direct loan is outstanding, except to priation made under section 4027 to the financ-
(iii) WAIVER.—The Secretary may waive the the extent required under a contractual obliga- ing accounts; and
requirement under clause (ii) with respect to tion that is in effect as of the date of enactment (B) the amount necessary to repay any
any program or facility upon a determination of this Act; amount lent from the Treasury to such financ-
that such waiver is necessary to protect the in- (VIII) the recipient will not outsource or off- ing accounts.
terests of the Federal Government. If the Sec- shore jobs for the term of the loan and 2 years (2) After the deposits specified in paragraph
retary exercises a waiver under this clause, the after completing repayment of the loan; (1) of this subsection have been made, into the
Secretary shall make himself available to testify (IX) the recipient will not abrogate existing Federal Old-Age and Survivors Insurance Trust
before the Committee on Banking, Housing, and collective bargaining agreements for the term of Fund established under section 201(a) of the So-
Urban Affairs of the Senate and the Committee the loan and 2 years after completing repayment cial Security Act (42 U.S.C. 401).
on Financial Services of the House of Represent- of the loan; and (f) ADMINISTRATIVE PROVISIONS.—Notwith-
atives regarding the reasons for the waiver. (X) that the recipient will remain neutral in standing any other provision of law, the Sec-
(B) FEDERAL RESERVE ACT TAXPAYER PROTEC- any union organizing effort for the term of the retary may use not greater than $100,000,000 of
TIONS AND OTHER REQUIREMENTS APPLY.—For loan. the funds made available under section 4027 to
the avoidance of doubt, any applicable require- (ii) MAIN STREET LENDING PROGRAM.—Nothing pay costs and administrative expenses associ-
ments under section 13(3) of the Federal Reserve in this subparagraph shall limit the discretion of ated with the loans, loan guarantees, and other
Act (12 U.S.C. 343(3)), including requirements the Board of Governors of the Federal Reserve investments authorized under this section. The
relating to loan collateralization, taxpayer pro- System to establish a Main Street Lending Pro- Secretary is authorized to take such actions as
tection, and borrower solvency, shall apply with gram or other similar program or facility that the Secretary deems necessary to carry out the
respect to any program or facility described in supports lending to small and mid-sized busi- authorities in this subtitle, including, without
subsection (b)(4). nesses on such terms and conditions as the limitation—
(C) UNITED STATES BUSINESSES.—A program or Board may set consistent with section 13(3) of (1) using direct hiring authority to hire em-
facility in which the Secretary makes a loan, the Federal Reserve Act (12 U.S.C. 343(3)), in- ployees to administer this subtitle;
loan guarantee, or other investment under sub- cluding any such program in which the Sec- (2) entering into contracts, including con-
section (b)(4) shall only purchase obligations or retary makes a loan, loan guarantee, or other tracts for services authorized by this subtitle;
other interests (other than securities that are investment under subsection (b)(4). (3) establishing vehicles that are authorized,
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based on an index or that are based on a diver- (E) GOVERNMENT PARTICIPANTS.—The Sec- subject to supervision by the Secretary, to pur-
sified pool of securities) from, or make loans or retary shall endeavor to seek the implementa- chase, hold, and sell assets and issue obliga-
other advances to, businesses that are created or tion of a program or facility in accordance with tions; and
organized in the United States or under the laws subsection (b)(4) that provides liquidity to the (4) issuing such regulations and other guid-
of the United States and that have significant financial system that supports lending to States ance as may be necessary or appropriate to
operations in and a majority of its employees and municipalities. carry out the authorities or purposes of this sub-
based in the United States. (d) FINANCIAL PROTECTION OF GOVERNMENT.— title.
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H1782 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(g) FINANCIAL AGENTS.—The Secretary is au- before March 1, 2020. When considering whether account in any federally insured credit union
thorized to designate financial institutions, in- to exercise the authority granted by this section, without exception, provided that any such in-
cluding but not limited to, depositories, brokers, the Secretary of Transportation shall take into crease shall terminate not later than December
dealers, and other institutions, as financial consideration the air transportation needs of 31, 2020.
agents of the United States. Such institutions small and remote communities and the need to SEC. 4009. TEMPORARY GOVERNMENT IN THE
shall— maintain well-functioning health care and SUNSHINE ACT RELIEF.
(1) perform all reasonable duties the Secretary pharmaceutical supply chains, including for (a) IN GENERAL.—Except as provided in sub-
determines necessary to respond to the medical devices and supplies. The authority section (b), notwithstanding any other provision
coronavirus; and under this section, including any requirement of law, if the Chairman of the Board of Gov-
(2) be paid for such duties using appropria- issued by the Secretary under this section, shall ernors of the Federal Reserve System deter-
tions available to the Secretary to reimburse fi- terminate on March 1, 2022. mines, in writing, that unusual and exigent cir-
nancial institutions in their capacity as finan- SEC. 4006. COORDINATION WITH SECRETARY OF cumstances exist, the Board may conduct meet-
cial agents of the United States. TRANSPORTATION. ings without regard to the requirements of sec-
(h) LOANS MADE BY OR GUARANTEED BY THE In implementing this subtitle with respect to tion 552b of title 5, United States Code, during
DEPARTMENT OF THE TREASURY TREATED AS IN- air carriers, the Secretary shall coordinate with the period beginning on the date of enactment
DEBTEDNESS FOR TAX PURPOSES.— the Secretary of Transportation. of this Act and ending on the earlier of—
(1) IN GENERAL.—Any loan made by or guar- SEC. 4007. SUSPENSION OF CERTAIN AVIATION (1) the date on which the national emergency
anteed by the Department of the Treasury EXCISE TAXES. concerning the novel coronavirus disease
under this section shall be treated as indebted- (a) TRANSPORTATION BY AIR.—In the case of (COVID–19) outbreak declared by the President
ness for purposes of the Internal Revenue Code any amount paid for transportation by air (in- on March 13, 2020 under the National Emer-
of 1986, shall be treated as issued for its stated cluding any amount treated as paid for trans- gencies Act (50 U.S.C. 1601 et seq.) terminates; or
principal amount, and stated interest on such portation by air by reason of section 4261(e)(3) (2) December 31, 2020.
loans shall be treated as qualified stated inter- (b) RECORDS.—The Board of Governors of the
of the Internal Revenue Code of 1986) during
est. Federal Reserve System shall keep a record of
the excise tax holiday period, no tax shall be im-
(2) REGULATIONS OR GUIDANCE.—The Sec- all Board votes and the reasons for such votes
posed under section 4261 or 4271 of such Code.
retary of the Treasury (or the Secretary’s dele- during the period described in subsection (a).
The preceding sentence shall not apply to
gate) shall prescribe such regulations or guid- SEC. 4010. TEMPORARY HIRING FLEXIBILITY.
amounts paid on or before the date of the enact-
ance as may be necessary or appropriate to ment of this Act. (a) DEFINITION.—In this section, the term
carry out the purposes of this section, including (b) USE OF KEROSENE IN COMMERCIAL AVIA- ‘‘covered period’’ means the period beginning on
guidance providing that the acquisition of war- TION.—In the case of kerosene used in commer- the date of enactment of this Act and ending on
rants, stock options, common or preferred stock cial aviation (as defined in section 4083 of the the sooner of—
or other equity under this section does not result Internal Revenue Code of 1986) during the ex- (1) the termination date of the national emer-
in an ownership change for purposes of section cise tax holiday period— gency concerning the novel coronavirus disease
382 of the Internal Revenue Code of 1986. (1) no tax shall be imposed on such kerosene (COVID–19) outbreak declared by the President
SEC. 4004. LIMITATION ON CERTAIN EMPLOYEE under— on March 13, 2020 under the National Emer-
COMPENSATION. (A) section 4041(c) of the Internal Revenue gencies Act (50 U.S.C. 1601 et seq.); or
(a) IN GENERAL.—The Secretary may only (2) December 31, 2020.
Code of 1986, or
(b) AUTHORITY.— During the covered period,
enter into an agreement with an eligible busi- (B) section 4081 of such Code (other than at
the Secretary of Housing and Urban Develop-
ness to make a loan or loan guarantee under the rate provided in subsection (a)(2)(B) there-
ment, the Securities and Exchange Commission,
paragraph (1), (2) or (3) of section 4003(b) if of), and
and the Commodity Futures Trading Commis-
such agreement provides that, during the period (2) section 6427(l) of such Code shall be ap-
sion may, without regard to sections 3309
beginning on the date on which the agreement plied—
through 3318 of title 5, United States Code, re-
is executed and ending on the date that is 1 year (A) by treating such use as a nontaxable use,
cruit and appoint candidates to fill temporary
after the date on which the loan or loan guar- and
and term appointments within their respective
antee is no longer outstanding— (B) without regard to paragraph (4)(A)(ii)
agencies upon a determination that those expe-
(1) no officer or employee of the eligible busi- thereof.
dited procedures are necessary and appropriate
ness whose total compensation exceeded $425,000 (c) EXCISE TAX HOLIDAY PERIOD.—For pur-
to enable the respective agencies to prevent, pre-
in calendar year 2019 (other than an employee poses of this section, the term ‘‘excise tax holi-
pare for, or respond to COVID–19.
whose compensation is determined through an day period’’ means the period beginning after
SEC. 4011. TEMPORARY LENDING LIMIT WAIVER.
existing collective bargaining agreement entered the date of the enactment of this section and
into prior to March 1, 2020)— ending before January 1, 2021. (a) IN GENERAL.—Section 5200 of the Revised
(A) will receive from the eligible business total Statutes of the United States (12 U.S.C. 84) is
SEC. 4008. DEBT GUARANTEE AUTHORITY.
compensation which exceeds, during any 12 con- amended—
(a) Section 1105 of the Dodd-Frank Wall (1) in subsection (c)(7)—
secutive months of such period, the total com- Street Reform and Consumer Protection Act (12 (A) by inserting ‘‘any nonbank financial com-
pensation received by the officer or employee U.S.C. 5612) is amended— pany (as that term is defined in section 102 of
from the eligible business in calendar year 2019; (1) in subsection (f)— the Financial Stability Act of 2010 (12 U.S.C.
or (A) by inserting ‘‘in noninterest-bearing 5311)),’’ after ‘‘Loans or extensions of credit to’’;
(B) will receive from the eligible business sev- transaction accounts’’ after ‘‘institutions’’; and and
erance pay or other benefits upon termination of (B) by striking ‘‘shall not’’ and inserting (B) by striking ‘‘financial institution or to’’
employment with the eligible business which ex- ‘‘may’’; and and inserting ‘‘financial institution, or to’’; and
ceeds twice the maximum total compensation re- (2) by adding at the end the following: (2) in subsection (d), by adding at the end of
ceived by the officer or employee from the eligi- ‘‘(h) APPROVAL OF GUARANTEE PROGRAM DUR- paragraph (1) the following: ‘‘The Comptroller
ble business in calendar year 2019; and ING THE COVID–19 CRISIS.— of the Currency may, by order, exempt any
(2) no officer or employee of the eligible busi- ‘‘(1) IN GENERAL.—For purposes of the con- transaction or series of transactions from the re-
ness whose total compensation exceeded gressional joint resolution of approval provided quirements of this section upon a finding by the
$3,000,000 in calendar year 2019 may receive dur- for in subsections (c)(1) and (2) and (d), not- Comptroller that such exemption is in the public
ing any 12 consecutive months of such period withstanding any other provision of this sec- interest and consistent with the purposes of this
total compensation in excess of the sum of— tion, the Federal Deposit Insurance Corporation section.’’.
(A) $3,000,000; and is approved upon enactment of this Act to estab- (b) EFFECTIVE PERIOD.—This section, and the
(B) 50 percent of the excess over $3,000,000 of lish a program provided for in subsection (a), amendments made by this section, shall be effec-
the total compensation received by the officer or provided that any such program and any such tive during the period beginning on the date of
employee from the eligible business in calendar guarantee shall terminate not later than Decem- enactment of this Act and ending on the sooner
year 2019. ber 31, 2020. of—
(b) TOTAL COMPENSATION DEFINED.—In this ‘‘(2) MAXIMUM AMOUNT.—Any debt guarantee (1) the termination date of the national emer-
section, the term ‘‘total compensation’’ includes program authorized by this subsection shall in- gency concerning the novel coronavirus disease
salary, bonuses, awards of stock, and other fi- clude a maximum amount of outstanding debt (COVID–19) outbreak declared by the President
nancial benefits provided by an eligible business that is guaranteed.’’. on March 13, 2020 under the National Emer-
to an officer or employee of the eligible business. (b) FEDERAL CREDIT UNION TRANSACTION AC- gencies Act (50 U.S.C. 1601 et seq.); or
SEC. 4005. CONTINUATION OF CERTAIN AIR SERV- COUNT GUARANTEES.—Notwithstanding any (2) December 31, 2020.
ICE. other provision of law and in coordination with SEC. 4012. TEMPORARY RELIEF FOR COMMUNITY
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The Secretary of Transportation is authorized the Federal Deposit Insurance Corporation, the BANKS.
to require, to the extent reasonable and prac- National Credit Union Administration Board (a) DEFINITIONS.—In this section—
ticable, an air carrier receiving loans and loan may by a vote of the Board increase to unlim- (1) the term ‘‘appropriate Federal banking
guarantees under section 4003 to maintain ited, or such lower amount as the Board ap- agency’’ has the meaning given the term in sec-
scheduled air transportation service as the Sec- proves, the share insurance coverage provided tion 2 of the Economic Growth, Regulatory Re-
retary of Transportation deems necessary to en- by the National Credit Union Share Insurance lief, and Consumer Protection Act (12 U.S.C.
sure services to any point served by that carrier Fund on any noninterest-bearing transaction 5365 note); and
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1783
(2) the terms ‘‘Community Bank Leverage (c) DEFERENCE.—The appropriate Federal (3) EXTENSIONS OF CREDIT.—Section 306(a)(1)
Ratio’’ and ‘‘qualifying community bank’’ have banking agency of the financial institution of the Federal Credit Union Act (12 U.S.C.
the meanings given the terms in section 201(a) of shall defer to the determination of the financial 1795e(a)(1)) is amended, in the second sentence,
the Economic Growth, Regulatory Relief, and institution to make a suspension under this sec- by striking ‘‘the intent of which is to expand
Consumer Protection Act (12 U.S.C. 5371 note). tion. credit union portfolios’’ and inserting ‘‘without
(b) INTERIM RULE.— (d) RECORDS.—For modified loans for which first having obtained evidence from the appli-
(1) IN GENERAL.—Notwithstanding any other suspensions under subsection (a) apply— cant that the applicant has made reasonable ef-
provision of law or regulation, the appropriate (1) financial institutions should continue to forts to first use primary sources of liquidity of
Federal banking agencies shall issue an interim maintain records of the volume of loans in- the applicant, including balance sheet and mar-
final rule that provides that, for the purposes of volved; and ket funding sources, to address the liquidity
section 201 of the Economic Growth, Regulatory (2) the appropriate Federal banking agencies needs of the applicant’’.
Relief, and Consumer Protection Act (12 U.S.C. may collect data about such loans for super- (4) POWERS OF THE BOARD.—Section
5371 note)— visory purposes. 307(a)(4)(A) of the Federal Credit Union Act (12
(A) the Community Bank Leverage Ratio shall SEC. 4014. OPTIONAL TEMPORARY RELIEF FROM U.S.C. 1795f(a)(4)(A)) is amended by inserting ‘‘,
be 8 percent; and CURRENT EXPECTED CREDIT provided that, the total face value of such obli-
(B) a qualifying community bank that falls LOSSES.
gations shall not exceed 16 times the subscribed
below the Community Bank Leverage Ratio es- (a) DEFINITIONS.—In this section: capital stock and surplus of the Facility for the
tablished under subparagraph (A) shall have a (1) APPROPRIATE FEDERAL BANKING AGENCY.—
period beginning on the date of enactment of
reasonable grace period to satisfy the Commu- The term ‘‘appropriate Federal banking agen-
the Coronavirus Economic Stabilization Act of
nity Bank Leverage Ratio. cy’’—
2020 and ending on December 31, 2020’’ after
(2) EFFECTIVE PERIOD.—The interim rule (A) has the meaning given the term in section
‘‘Facility’’.
issued under paragraph (1) shall be effective 3 of the Federal Deposit Insurance Act (12
(b) SUNSET.—
during the period beginning on the date on U.S.C. 1813); and (1) IN GENERAL.—
(B) includes the National Credit Union Ad-
which the appropriate Federal banking agencies (A) DEFINITIONS.—Section 302(1) of the Fed-
ministration.
issue the rule and ending on the sooner of— eral Credit Union Act (12 U.S.C. 1795a(1)) is
(2) INSURED DEPOSITORY INSTITUTION.—The
(A) the termination date of the national emer- amended, in the matter preceding subparagraph
term ‘‘insured depository institution’’—
gency concerning the novel coronavirus disease (A) has the meaning given the term in section (A), by inserting ‘‘primarily serving natural per-
(COVID–19) outbreak declared by the President 3 of the Federal Deposit Insurance Act (12 sons’’ after ‘‘credit unions’’.
on March 13, 2020 under the National Emer- U.S.C. 1813); and (B) MEMBERSHIP.—Section 304(b)(2) of the
gencies Act (50 U.S.C. 1601 et seq.); or (B) includes a credit union. Federal Credit Union Act (12 U.S.C. 1795c(b)(2))
(B) December 31, 2020. (b) TEMPORARY RELIEF FROM CECL STAND- is amended by striking ‘‘such credit unions as
(c) GRACE PERIOD.—During a grace period de- ARDS.—Notwithstanding any other provision of the Board may in its discretion determine’’ and
scribed in subsection (b)(1)(B), a qualifying com- law, no insured depository institution, bank inserting ‘‘all those credit unions’’.
munity bank to which the grace period applies holding company, or any affiliate thereof shall (C) EXTENSIONS OF CREDIT.—Section 306(a)(1)
may continue to be treated as a qualifying com- be required to comply with the Financial Ac- of the Federal Credit Union Act (12 U.S.C.
munity bank and shall be presumed to satisfy counting Standards Board Accounting Stand- 1795e(a)(1)) is amended, in the second sentence,
the capital and leverage requirements described ards Update No. 2016–13 (‘‘Measurement of by striking ‘‘without first having obtained evi-
in section 201(c) of the Economic Growth, Regu- Credit Losses on Financial Instruments’’), in- dence from the applicant that the applicant has
latory Relief, and Consumer Protection Act (12 cluding the current expected credit losses meth- made reasonable efforts to first use primary
U.S.C. 5371 note). odology for estimating allowances for credit sources of liquidity of the applicant, including
SEC. 4013. TEMPORARY RELIEF FROM TROUBLED losses, during the period beginning on the date balance sheet and market funding sources, to
DEBT RESTRUCTURINGS. address the liquidity needs of the applicant’’
of enactment of this Act and ending on the ear-
(a) DEFINITIONS.—In this section: lier of— and inserting ‘‘the intent of which is to expand
(1) APPLICABLE PERIOD.—The term ‘‘applica- (1) the date on which the national emergency credit union portfolios’’.
ble period’’ means the period beginning on concerning the novel coronavirus disease (2) EFFECTIVE DATE.—The amendments made
March 1, 2020 and ending on the earlier of De- (COVID–19) outbreak declared by the President by paragraph (1) shall take effect on December
cember 31, 2020, or the date that is 60 days after on March 13, 2020 under the National Emer- 31, 2020.
the date on which the national emergency con- gencies Act (50 U.S.C. 1601 et seq.) terminates; or SEC. 4017. INCREASING ACCESS TO MATERIALS
cerning the novel coronavirus disease (COVID– (2) December 31, 2020. NECESSARY FOR NATIONAL SECU-
19) outbreak declared by the President on RITY AND PANDEMIC RECOVERY.
SEC. 4015. NON-APPLICABILITY OF RESTRICTIONS
March 13, 2020 under the National Emergencies ON ESF DURING NATIONAL EMER- Notwithstanding any other provision of law—
Act (50 U.S.C. 1601 et seq.) terminates. GENCY. (1) during the 2-year period beginning on the
(2) APPROPRIATE FEDERAL BANKING AGENCY.— (a) IN GENERAL.—Section 131 of the Emer- date of enactment of this Act, the requirements
The term ‘‘appropriate Federal banking agen- gency Economic Stabilization Act of 2008 (12 described in sections 303(a)(6)(C) and 304(e) of
cy’’— U.S.C. 5236) shall not apply during the period the Defense Production Act of 1950 (50 U.S.C.
(A) has the meaning given the term in section beginning on the date of enactment of this Act 4533(a)(6)(C), 4534(e)) shall not apply; and
3 of the Federal Deposit Insurance Act (12 and ending on December 31, 2020. Any guar- (2) during the 1-year period beginning on the
U.S.C. 1813); and antee established as a result of the application date of enactment of this Act, the requirements
(B) includes the National Credit Union Ad- of subsection (a) shall— described in sections 302(d)(1) and 303 (a)(6)(B)
ministration. (1) be limited to a guarantee of the total value of the Defense Production Act of 1950 (50 U.S.C.
(b) SUSPENSION.— of a shareholder’s account in a participating 4532(d)(1), 4533(a)(6)(B)) shall not apply.
(1) IN GENERAL.—During the applicable pe- fund as of the close of business on the day be- SEC. 4018. SPECIAL INSPECTOR GENERAL FOR
riod, a financial institution may elect to— fore the announcement of the guarantee; and PANDEMIC RECOVERY.
(A) suspend the requirements under United (2) terminate not later than December 31, 2020. (a) OFFICE OF INSPECTOR GENERAL.—There is
States generally accepted accounting principles (b) DIRECT APPROPRIATION.—Upon the expira- hereby established within the Department of the
for loan modifications related to the coronavirus tion of the period described in subsection (a), Treasury the Office of the Special Inspector
disease 2019 (COVID–19) pandemic that would there is appropriated, out of amounts in the General for Pandemic Recovery.
otherwise be categorized as a troubled debt re- Treasury not otherwise appropriated, such sums (b) APPOINTMENT OF INSPECTOR GENERAL; RE-
structuring; and as may be necessary to reimburse the fund es- MOVAL.—
(B) suspend any determination of a loan tablished under section 5302(a)(1) of title 31, (1) IN GENERAL.—The head of the Office of the
modified as a result of the effects of the United States Code, for any funds that are used Special Inspector General for Pandemic Recov-
coronavirus disease 2019 (COVID–19) pandemic for the Treasury Money Market Funds Guar- ery shall be the Special Inspector General for
as being a troubled debt restructuring, including anty Program for the United States money mar- Pandemic Recovery (referred to in this section
impairment for accounting purposes. ket mutual fund industry to the extent a claim as the ‘‘Special Inspector General’’), who shall
(2) APPLICABILITY.—Any suspension under payment made exceeds the balance of fees col- be appointed by the President, by and with the
paragraph (1)— lected by the fund. advice and consent of the Senate.
(A) shall be applicable for the term of the loan SEC. 4016. TEMPORARY CREDIT UNION PROVI- (2) NOMINATION.—The nomination of the Spe-
modification, but solely with respect to any SIONS. cial Inspector General shall be made on the
modification, including a forbearance arrange- (a) IN GENERAL.— basis of integrity and demonstrated ability in
ment, an interest rate modification, a repayment (1) DEFINITIONS.—Section 302(1) of the Federal accounting, auditing, financial analysis, law,
plan, and any other similar arrangement that Credit Union Act (12 U.S.C. 1795a(1)) is amend- management analysis, public administration, or
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defers or delays the payment of principal or in- ed, in the matter preceding subparagraph (A), investigations. The nomination of an individual
terest, that occurs during the applicable period by striking ‘‘primarily serving natural persons’’. as Special Inspector General shall be made as
for a loan that was not more than 30 days past (2) MEMBERSHIP.—Section 304(b)(2) of the soon as practicable after any loan, loan guar-
due as of December 31, 2019; and Federal Credit Union Act (12 U.S.C. 1795c(b)(2)) antee, or other investment is made under section
(B) shall not apply to any adverse impact on is amended by striking ‘‘all those credit unions’’ 4003.
the credit of a borrower that is not related to the and inserting ‘‘such credit unions as the Board (3) REMOVAL.—The Special Inspector General
coronavirus disease 2019 (COVID–19) pandemic. may in its discretion determine’’. shall be removable from office in accordance
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H1784 CONGRESSIONAL RECORD — HOUSE March 27, 2020
with the provisions of section 3(b) of the Inspec- governing appointments in the competitive serv- (2) with respect to a deficiency identified
tor General Act of 1978 (5 U.S.C. App.). ice, and the provisions of chapter 51 and sub- under paragraph (1), certify to the Committee
(4) POLITICAL ACTIVITY.—For purposes of sec- chapter III of chapter 53 of that title, relating to on Banking, Housing, and Urban Affairs of the
tion 7324 of title 5, United States Code, the Spe- classification and General Schedule pay rates. Senate, the Committee on Finance of the Senate,
cial Inspector General shall not be considered (2) EXPERTS AND CONSULTANTS.—The Special the Committee on Financial Services of the
an employee who determines policies to be pur- Inspector General may obtain services as au- House of Representatives, and the Committee on
sued by the United States in the nationwide ad- thorized under section 3109 of title 5, United Ways and Means of the House of Representa-
ministration of Federal law. States Code, at daily rates not to exceed the tives that no action is necessary or appropriate.
(5) BASIC PAY.—The annual rate of basic pay equivalent rate prescribed for grade GS–15 of the SEC. 4019. CONFLICTS OF INTEREST.
of the Special Inspector General shall be the an- General Schedule by section 5332 of that title. (a) DEFINITIONS.—In this section:
nual rate of basic pay for an Inspector General (3) CONTRACTS.—The Special Inspector Gen-
(1) CONTROLLING INTEREST.—The term ‘‘con-
under section 3(e) of the Inspector General Act eral may enter into contracts and other arrange-
trolling interest’’ means owning, controlling, or
of 1978 (5 U.S.C. App.). ments for audits, studies, analyses, and other
holding not less than 20 percent, by vote or
(c) DUTIES.— services with public agencies and with private
value, of the outstanding amount of any class of
(1) IN GENERAL.—It shall be the duty of the persons, and make such payments as may be
necessary to carry out the duties of the Inspec- equity interest in an entity.
Special Inspector General to, in accordance with (2) COVERED ENTITY.—The term ‘‘covered enti-
section 4(b)(1) of the Inspector General Act of tor General.
(4) REQUESTS FOR INFORMATION.— ty’’ means an entity in which a covered indi-
1978 (5 U.S.C. App.), conduct, supervise, and co- vidual directly or indirectly holds a controlling
ordinate audits and investigations of the mak- (A) IN GENERAL.—Upon request of the Special
Inspector General for information or assistance interest. For the purpose of determining whether
ing, purchase, management, and sale of loans, an entity is a covered entity, the securities
loan guarantees, and other investments made by from any department, agency, or other entity of
the Federal Government, the head of that de- owned, controlled, or held by 2 or more individ-
the Secretary of the Treasury under any pro- uals who are related as described in paragraph
gram established by the Secretary under this partment, agency, or entity shall, to the extent
practicable and not in contravention of any ex- (3)(B) shall be aggregated.
Act, and the management by the Secretary of (3) COVERED INDIVIDUAL.—The term ‘‘covered
isting law, furnish that information or assist-
any program established under this Act, includ- individual’’ means—
ance to the Special Inspector General, or an au-
ing by collecting and summarizing the following (A) the President, the Vice President, the
thorized designee.
information: (B) REFUSAL TO PROVIDE REQUESTED INFOR- head of an Executive department, or a Member
(A) A description of the categories of the of Congress; and
MATION.—Whenever information or assistance
loans, loan guarantees, and other investments (B) the spouse, child, son-in-law, or daughter-
requested by the Special Inspector General is, in
made by the Secretary. in-law, as determined under applicable common
the judgment of the Special Inspector General,
(B) A listing of the eligible businesses receiv-
unreasonably refused or not provided, the Spe- law, of an individual described in subparagraph
ing loan, loan guarantees, and other invest-
cial Inspector General shall report the cir- (A).
ments made under each category described in
cumstances to the appropriate committees of (4) EXECUTIVE DEPARTMENT.—The term ‘‘Exec-
subparagraph (A).
Congress without delay. utive department’’ has the meaning given the
(C) An explanation of the reasons the Sec- (f) REPORTS.— term in section 101 of title 5, United States Code.
retary determined it to be appropriate to make (1) QUARTERLY REPORTS.— (5) MEMBER OF CONGRESS.—The term ‘‘member
each loan or loan guarantee under this Act, in- (A) IN GENERAL.—Not later than 60 days after of Congress’’ means a member of the Senate or
cluding a justification of the price paid for, and the date on which the Special Inspector General House of Representatives, a Delegate to the
other financial terms associated with, the appli- is confirmed, and once every calendar quarter House of Representatives, and the Resident
cable transaction. thereafter, the Special Inspector General shall Commissioner from Puerto Rico.
(D) A listing of, and detailed biographical in- submit to the appropriate committees of Con- (6) EQUITY INTEREST.—The term ‘‘equity inter-
formation with respect to, each person hired to gress a report summarizing the activities of the est’’ means—
manage or service each loan, loan guarantee, or Special Inspector General during the 3-month (A) a share in an entity, without regard to
other investment made under section 4003. period ending on the date on which the Special
(E) A current, as of the date on which the in- whether the share is—
Inspector General submits the report. (i) transferable; or
formation is collected, estimate of the total (B) CONTENTS.—Each report submitted under
amount of each loan, loan guarantee, and other (ii) classified as stock or anything similar;
subparagraph (A) shall include, for the period
investment made under this Act that is out- (B) a capital or profit interest in a limited li-
covered by the report, a detailed statement of all
standing, the amount of interest and fees ac- ability company or partnership; or
loans, loan guarantees, other transactions, obli-
crued and received with respect to each loan or (C) a warrant or right, other than a right to
gations, expenditures, and revenues associated
loan guarantee, the total amount of matured convert, to purchase, sell, or subscribe to a
with any program established by the Secretary
loans, the type and amount of collateral, if any, under section 4003, as well as the information share or interest described in subparagraph (A)
and any losses or gains, if any, recorded or ac- collected under subsection (c)(1). or (B), respectively.
crued for each loan, loan guarantee, or other (2) RULE OF CONSTRUCTION.—Nothing in this (b) PROHIBITION.—Notwithstanding any other
investment. subsection may be construed to authorize the provision of this subtitle, no covered entity may
(2) MAINTENANCE OF SYSTEMS.—The Special public disclosure of information that is— be eligible for any transaction described in sec-
Inspector General shall establish, maintain, and (A) specifically prohibited from disclosure by tion 4003.
oversee such systems, procedures, and controls any other provision of law; (c) REQUIREMENT.—The principal executive
as the Special Inspector General considers ap- (B) specifically required by Executive order to officer and the principal financial officer, or in-
propriate to discharge the duties of the Special be protected from disclosure in the interest of dividuals performing similar functions, of an en-
Inspector General under paragraph (1). national defense or national security or in the tity seeking to enter a transaction under section
(3) ADDITIONAL DUTIES AND RESPONSIBIL- conduct of foreign affairs; or 4003 shall, before that transaction is approved,
ITIES.—In addition to the duties described in
(C) a part of an ongoing criminal investiga- certify to the Secretary and the Board of Gov-
paragraphs (1) and (2), the Special Inspector tion. ernors of the Federal Reserve System that the
(g) FUNDING.— entity is eligible to engage in that transaction,
General shall also have the duties and respon- (1) IN GENERAL.—Of the amounts made avail-
sibilities of inspectors general under the Inspec- including that the entity is not a covered entity.
able to the Secretary under section 4027, SEC. 4020. CONGRESSIONAL OVERSIGHT COMMIS-
tor General Act of 1978 (5 U.S.C. App.). $25,000,000 shall be made available to the Special
(d) POWERS AND AUTHORITIES.— SION.
Inspector General to carry out this section. (a) ESTABLISHMENT.—There is hereby estab-
(1) IN GENERAL.—In carrying out the duties of (2) AVAILABILITY.—The amounts made avail-
the Special Inspector General under subsection lished the Congressional Oversight Commission
able to the Special Inspector General under
(c), the Special Inspector General shall have the (hereafter in this section referred to as the
paragraph (1) shall remain available until ex-
authorities provided in section 6 of the Inspector pended. ‘‘Oversight Commission’’) as an establishment in
General Act of 1978 (5 U.S.C. App.). (h) TERMINATION.—The Office of the Special the legislative branch.
(2) TREATMENT OF OFFICE.—The Office of the Inspector General shall terminate on the date 5 (b) DUTIES.—
Special Inspector General for Pandemic Recov- years after the enactment of this Act. (1) IN GENERAL.—The Oversight Commission
ery shall be considered to be an office described (i) COUNCIL OF THE INSPECTORS GENERAL ON shall—
in section 6(f)(3) of the Inspector General Act of INTEGRITY AND EFFICIENCY.—The Special In- (A) conduct oversight of the implementation of
1978 (5 U.S.C. App.) and shall be exempt from spector General shall be a member of the Council this subtitle by the Department of the Treasury
an initial determination by the Attorney Gen- of the Inspectors General on Integrity and Effi- and the Board of Governors of the Federal Re-
eral under section 6(f)(2) of that Act. ciency established under section 11 of the In- serve System, including efforts of the Depart-
(e) PERSONNEL, FACILITIES, AND OTHER RE- spector General Act of 1978 (5 U.S.C. App.) until ment and the Board to provide economic sta-
dlhill on DSKBBY8HB2PROD with HOUSE
SOURCES.— the date of termination of the Office of the Spe- bility as a result of the coronavirus disease 2019
(1) APPOINTMENT OF OFFICERS AND EMPLOY- cial Inspector General. (COVID–19) pandemic of 2020;
EES.—The Special Inspector General may select, (j) CORRECTIVE RESPONSES TO AUDIT PROB- (B) submit to Congress reports under para-
appoint, and employ such officers and employ- LEMS.—The Secretary shall— graph (2); and
ees as may be necessary for carrying out the du- (1) take action to address deficiencies identi- (C) review the implementation of this subtitle
ties of the Special Inspector General, subject to fied by a report or investigation of the Special by the Federal Government.
the provisions of title 5, United States Code, Inspector General; or (2) REGULAR REPORTS.—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1785
(A) IN GENERAL.—Reports of the Oversight this section hold hearings, sit and act at times ‘‘(aa) maintain the delinquent status during
Commission shall include the following: and places, take testimony, and receive evidence the period in which the accommodation is in ef-
(i) The use by the Secretary and the Board of as the Oversight Commission considers appro- fect; and
Governors of the Federal Reserve System of au- priate and may administer oaths or affirmations ‘‘(bb) if the consumer brings the credit obliga-
thority under this subtitle, including with re- to witnesses appearing before it. tion or account current during the period de-
spect to the use of contracting authority and (2) CONTRACTING.—The Oversight Commission scribed in item (aa), report the credit obligation
administration of the provisions of this subtitle. may, to such extent and in such amounts as are or account as current.
(ii) The impact of loans, loan guarantees, and provided in appropriation Acts, enter into con- ‘‘(iii) EXCEPTION.—Clause (ii) shall not apply
investments made under this subtitle on the fi- tracts to enable the Oversight Commission to with respect to a credit obligation or account of
nancial well-being of the people of the United discharge its duties under this section. a consumer that has been charged-off.’’.
States and the United States economy, financial (3) POWERS OF MEMBERS AND AGENTS.—Any SEC. 4022.FORECLOSURE MORATORIUM AND
markets, and financial institutions. member or agent of the Oversight Commission CONSUMER RIGHT TO REQUEST FOR-
(iii) The extent to which the information made may, if authorized by the Oversight Commission, BEARANCE.
available on transactions under this subtitle has take any action which the Oversight Commis- (a) DEFINITIONS.—In this section:
contributed to market transparency. sion is authorized to take by this section. (1) COVID–19 EMERGENCY.—The term ‘‘COVID–
(iv) The effectiveness of loans, loan guaran- (4) OBTAINING OFFICIAL DATA.—The Oversight 19 emergency’’ means the national emergency
tees, and investments made under this subtitle Commission may secure directly from any de- concerning the novel coronavirus disease
of minimizing long-term costs to the taxpayers partment or agency of the United States infor- (COVID–19) outbreak declared by the President
and maximizing the benefits for taxpayers. mation necessary to enable it to carry out this on March 13, 2020 under the National Emer-
(B) TIMING.—The reports required under this section. Upon request of the Chairperson of the gencies Act (50 U.S.C. 1601 et seq.).
paragraph shall be submitted not later than 30 Oversight Commission, the head of that depart- (2) FEDERALLY BACKED MORTGAGE LOAN.—The
days after the first exercise by the Secretary and ment or agency shall furnish that information term ‘‘Federally backed mortgage loan’’ includes
the Board of Governors of the Federal Reserve to the Oversight Commission. any loan which is secured by a first or subordi-
System of the authority under this subtitle and (5) REPORTS.—The Oversight Commission nate lien on residential real property (including
every 30 days thereafter. shall receive and consider all reports required to individual units of condominiums and coopera-
(c) MEMBERSHIP.— be submitted to the Oversight Commission under tives) designed principally for the occupancy of
(1) IN GENERAL.—The Oversight Commission this subtitle. from 1- to 4- families that is—
shall consist of 5 members as follows: (f) TERMINATION.—The Oversight Commission (A) insured by the Federal Housing Adminis-
(A) 1 member appointed by the Speaker of the shall terminate on September 30, 2025. tration under title II of the National Housing
House of Representatives. (g) FUNDING FOR EXPENSES.— Act (12 U.S.C. 1707 et seq.);
(B) 1 member appointed by the minority leader (1) AUTHORIZATION OF APPROPRIATIONS.— (B) insured under section 255 of the National
of the House of Representatives. There is authorized to be appropriated to the Housing Act (12 U.S.C. 1715z–20);
(C) 1 member appointed by the majority leader Oversight Commission such sums as may be nec- (C) guaranteed under section 184 or 184A of
of the Senate. essary for any fiscal year, half of which shall be the Housing and Community Development Act
(D) 1 member appointed by the minority leader derived from the applicable account of the of 1992 (12 U.S.C. 1715z–13a, 1715z–13b);
House of Representatives, and half of which (D) guaranteed or insured by the Department
of the Senate.
(E) 1 member appointed as Chairperson by the shall be derived from the contingent fund of the of Veterans Affairs;
Senate. (E) guaranteed or insured by the Department
Speaker of the House of Representatives and the
(2) REIMBURSEMENT OF AMOUNTS.—An amount of Agriculture;
majority leader of the Senate, after consultation (F) made by the Department of Agriculture; or
with the minority leader of the Senate and the equal to the expenses of the Oversight Commis-
sion shall be promptly transferred by the Sec- (G) purchased or securitized by the Federal
minority leader of the House of Representatives Home Loan Mortgage Corporation or the Fed-
(2) PAY.—Each member of the Oversight Com- retary and the Board of Governors of the Fed-
eral Reserve System, from time to time upon the eral National Mortgage Association.
mission shall be paid at a rate equal to the daily (b) FORBEARANCE.—
equivalent of the annual rate of basic pay for presentment of a statement of such expenses by
(1) IN GENERAL.—During the covered period, a
level I of the Executive Schedule for each day the Chairperson of the Oversight Commission,
borrower with a Federally backed mortgage loan
(including travel time) during which such mem- from funds made available to the Secretary
experiencing a financial hardship due, directly
ber is engaged in the actual performance of du- under this subtitle to the applicable fund of the
or indirectly, to the COVID–19 emergency may
ties vested in the Oversight Commission. House of Representatives and the contingent
request forbearance on the Federally backed
(3) PROHIBITION OF COMPENSATION OF FED- fund of the Senate, as appropriate, as reim-
mortgage loan, regardless of delinquency status,
ERAL EMPLOYEES.—Members of the Oversight bursement for amounts expended from such ac-
by—
Commission who are full-time officers or employ- count and fund under paragraph (1). (A) submitting a request to the borrower’s
ees of the United States may not receive addi- SEC. 4021. CREDIT PROTECTION DURING COVID–
servicer; and
19.
tional pay, allowances, or benefits by reason of (B) affirming that the borrower is experi-
their service on the Oversight Commission. Section 623(a)(1) of the Fair Credit Reporting encing a financial hardship during the COVID–
(4) TRAVEL EXPENSES.—Each member shall re- Act (15 U.S.C. 1681s–2(a)(1)) is amended by add- 19 emergency.
ceive travel expenses, including per diem in lieu ing at the end the following: (2) DURATION OF FORBEARANCE.—Upon a re-
‘‘(F) REPORTING INFORMATION DURING COVID–
of subsistence, in accordance with applicable quest by a borrower for forbearance under para-
19 PANDEMIC.—
provisions under subchapter I of chapter 57 of graph (1), such forbearance shall be granted for
‘‘(i) DEFINITIONS.—In this subsection:
title 5, United States Code. ‘‘(I) ACCOMMODATION.—The term ‘accommo- up to 180 days, and shall be extended for an ad-
(5) QUORUM.—Four members of the Oversight dation’ includes an agreement to defer 1 or more ditional period of up to 180 days at the request
Commission shall constitute a quorum but a payments, make a partial payment, forbear any of the borrower, provided that, at the borrower’s
lesser number may hold hearings. delinquent amounts, modify a loan or contract, request, either the initial or extended period of
(6) VACANCIES.—A vacancy on the Oversight or any other assistance or relief granted to a forbearance may be shortened.
Commission shall be filled in the manner in consumer who is affected by the coronavirus (3) ACCRUAL OF INTEREST OR FEES.—During a
which the original appointment was made. disease 2019 (COVID–19) pandemic during the period of forbearance described in this sub-
(7) MEETINGS.—The Oversight Commission covered period. section, no fees, penalties, or interest beyond the
shall meet at the call of the Chairperson or a ‘‘(II) COVERED PERIOD.—The term ‘covered pe- amounts scheduled or calculated as if the bor-
majority of its members. riod’ means the period beginning on January 31, rower made all contractual payments on time
(d) STAFF.— 2020 and ending on the later of— and in full under the terms of the mortgage con-
(1) IN GENERAL.—The Oversight Commission ‘‘(aa) 120 days after the date of enactment of tract, shall accrue on the borrower’s account.
may appoint and fix the pay of any personnel this subparagraph; or (c) REQUIREMENTS FOR SERVICERS.—
as the Oversight Commission considers appro- ‘‘(bb) 120 days after the date on which the na- (1) IN GENERAL.—Upon receiving a request for
priate. tional emergency concerning the novel forbearance from a borrower under subsection
(2) EXPERTS AND CONSULTANTS.—The Over- coronavirus disease (COVID–19) outbreak de- (b), the servicer shall with no additional docu-
sight Commission may procure temporary and clared by the President on March 13, 2020 under mentation required other than the borrower’s
intermittent services under section 3109(b) of the National Emergencies Act (50 U.S.C. 1601 et attestation to a financial hardship caused by
title 5, United States Code. seq.) terminates. the COVID–19 emergency and with no fees, pen-
(3) STAFF OF AGENCIES.—Upon request of the ‘‘(ii) REPORTING.—Except as provided in alties, or interest (beyond the amounts sched-
Oversight Commission, the head of any Federal clause (iii), if a furnisher makes an accommoda- uled or calculated as if the borrower made all
department or agency may detail, on a reim- tion with respect to 1 or more payments on a contractual payments on time and in full under
bursable basis, any of the personnel of that de- credit obligation or account of a consumer, and the terms of the mortgage contract) charged to
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partment or agency to the Oversight Commission the consumer makes the payments or is not re- the borrower in connection with the forbear-
to assist it in carrying out its duties under the quired to make 1 or more payments pursuant to ance, provide the forbearance for up to 180
this subtitle. the accommodation, the furnisher shall— days, which may be extended for an additional
(e) POWERS.— ‘‘(I) report the credit obligation or account as period of up to 180 days at the request of the
(1) HEARINGS AND EVIDENCE.—The Oversight current; or borrower, provided that, the borrower’s request
Commission, or any subcommittee or member ‘‘(II) if the credit obligation or account was for an extension is made during the covered pe-
thereof, may, for the purpose of carrying out delinquent before the accommodation— riod, and, at the borrower’s request, either the
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H1786 CONGRESSIONAL RECORD — HOUSE March 27, 2020
initial or extended period of forbearance may be housing or urban development program adminis- lies, including any such secured loan, the pro-
shortened. tered by the Secretary of Housing and Urban ceeds of which are used to prepay or pay off an
(2) FORECLOSURE MORATORIUM.—Except with Development or a housing or related program existing loan secured by the same property; and
respect to a vacant or abandoned property, a administered by any other such officer or agen- (B) is made in whole or in part, or insured,
servicer of a Federally backed mortgage loan cy, or is purchased or securitized by the Federal guaranteed, supplemented, or assisted in any
may not initiate any judicial or non-judicial Home Loan Mortgage Corporation or the Fed- way, by any officer or agency of the Federal
foreclosure process, move for a foreclosure judg- eral National Mortgage Association. Government or under or in connection with a
ment or order of sale, or execute a foreclosure- (3) MULTIFAMILY BORROWER.—the term ‘‘mul- housing or urban development program adminis-
related eviction or foreclosure sale for not less tifamily borrower’’ means a borrower of a resi- tered by the Secretary of Housing and Urban
than the 60-day period beginning on March 18, dential mortgage loan that is secured by a lien Development or a housing or related program
2020. against a property comprising 5 or more dwell- administered by any other such officer or agen-
SEC. 4023. FORBEARANCE OF RESIDENTIAL ing units. cy, or is purchased or securitized by the Federal
MORTGAGE LOAN PAYMENTS FOR (4) COVID–19 EMERGENCY.—The term ‘‘COVID– Home Loan Mortgage Corporation or the Fed-
MULTIFAMILY PROPERTIES WITH 19 emergency’’ means the national emergency eral National Mortgage Association.
FEDERALLY BACKED LOANS. concerning the novel coronavirus disease (b) MORATORIUM.—During the 120-day period
(a) IN GENERAL.—During the covered period, a (COVID–19) outbreak declared by the President beginning on the date of enactment of this Act,
multifamily borrower with a Federally backed on March 13, 2020 under the National Emer- the lessor of a covered dwelling may not—
multifamily mortgage loan experiencing a finan- gencies Act (50 U.S.C. 1601 et seq.). (1) make, or cause to be made, any filing with
cial hardship due, directly or indirectly, to the (5) COVERED PERIOD.—The term ‘‘covered pe- the court of jurisdiction to initiate a legal action
COVID–19 emergency may request a forbearance riod’’ means the period beginning on the date of to recover possession of the covered dwelling
under the terms set forth in this section. enactment of this Act and ending on the sooner from the tenant for nonpayment of rent or other
(b) REQUEST FOR RELIEF.—A multifamily bor- of— fees or charges; or
rower with a Federally backed multifamily (A) the termination date of the national emer- (2) charge fees, penalties, or other charges to
mortgage loan that was current on its payments gency concerning the novel coronavirus disease the tenant related to such nonpayment of rent.
as of February 1, 2020, may submit an oral or (COVID–19) outbreak declared by the President (c) NOTICE.—The lessor of a covered dwelling
written request for forbearance under subsection on March 13, 2020 under the National Emer- unit—
(a) to the borrower’s servicer affirming that the gencies Act (50 U.S.C. 1601 et seq.); or (1) may not require the tenant to vacate the
multifamily borrower is experiencing a financial (B) December 31, 2020. covered dwelling unit before the date that is 30
hardship during the COVID–19 emergency. SEC. 4024. TEMPORARY MORATORIUM ON EVIC- days after the date on which the lessor provides
(c) FORBEARANCE PERIOD.— TION FILINGS. the tenant with a notice to vacate; and
(1) IN GENERAL.—Upon receipt of an oral or (a) DEFINITIONS.—In this section: (2) may not issue a notice to vacate under
written request for forbearance from a multi- (1) COVERED DWELLING.—The term ‘‘covered paragraph (1) until after the expiration of the
family borrower, a servicer shall— dwelling’’ means a dwelling that— period described in subsection (b).
(A) document the financial hardship; (A) is occupied by a tenant— SEC. 4025. PROTECTION OF COLLECTIVE BAR-
(B) provide the forbearance for up to 30 days; (i) pursuant to a residential lease; or GAINING AGREEMENT.
and (ii) without a lease or with a lease terminable (a) IN GENERAL.—Neither the Secretary, nor
(C) extend the forbearance for up to 2 addi- under State law; and any other actor, department, or agency of the
tional 30 day periods upon the request of the (B) is on or in a covered property. Federal Government, shall condition the
borrower provided that, the borrower’s request (2) COVERED PROPERTY.—The term ‘‘covered issuance of a loan or loan guarantee under
for an extension is made during the covered pe- property’’ means any property that— paragraph (1), (2), or (3) of section 4003(b) of
riod, and, at least 15 days prior to the end of the (A) participates in— this subtitle on an air carrier’s or eligible
forbearance period described under subpara- (i) a covered housing program (as defined in business’s implementation of measures to enter
graph (B). section 41411(a) of the Violence Against Women into negotiations with the certified bargaining
(2) RIGHT TO DISCONTINUE.—A multifamily Act of 1994 (34 U.S.C. 12491(a))); or representative of a craft or class of employees of
borrower shall have the option to discontinue (ii) the rural housing voucher program under the air carrier or eligible business under the
the forbearance at any time. section 542 of the Housing Act of 1949 (42 U.S.C. Railway Labor Act (45 U.S.C. 151 et seq.) or the
(d) RENTER PROTECTIONS DURING FORBEAR- 1490r); or National Labor Relations Act (29 U.S.C. 151 et
ANCE PERIOD.—A multifamily borrower that re- (B) has a— seq.), regarding pay or other terms and condi-
ceives a forbearance under this section may not, (i) Federally backed mortgage loan; or tions of employment.
for the duration of the forbearance— (ii) Federally backed multifamily mortgage (b) PERIOD OF EFFECT.—With respect to an air
(1) evict or initiate the eviction of a tenant loan. carrier or eligible business to which the loan or
from a dwelling unit located in or on the appli- (3) DWELLING.—The term ‘‘dwelling’’— loan guarantee is provided under this subtitle,
cable property solely for nonpayment of rent or (A) has the meaning given the term in section this section shall be in effect with respect to the
other fees or charges; or 802 of the Fair Housing Act (42 U.S.C. 3602); air carrier or eligible business beginning on the
(2) charge any late fees, penalties, or other and date on which the air carrier or eligible business
charges to a tenant described in paragraph (1) (B) includes houses and dwellings described in is first issued such loan or loan guarantee and
for late payment of rent. section 803(b) of such Act (42 U.S.C. 3603(b)). ending on the date that is 1 year after the loan
(e) NOTICE.—A multifamily borrower that re- (4) FEDERALLY BACKED MORTGAGE LOAN.—The or loan guarantee is no longer outstanding.
ceives a forbearance under this section— term ‘‘Federally backed mortgage loan’’ includes SEC. 4026. REPORTS.
(1) may not require a tenant to vacate a any loan (other than temporary financing such (a) DISCLOSURE OF TRANSACTIONS.—Not later
dwelling unit located in or on the applicable as a construction loan) that— than 72 hours after any transaction by the Sec-
property before the date that is 30 days after the (A) is secured by a first or subordinate lien on retary under paragraph (1), (2), or (3) of section
date on which the borrower provides the tenant residential real property (including individual 4003(b), the Secretary shall publish on the
with a notice to vacate; and units of condominiums and cooperatives) de- website of the Department of the Treasury—
(2) may not issue a notice to vacate under signed principally for the occupancy of from 1 (1) a plain-language description of the trans-
paragraph (1) until after the expiration of the to 4 families, including any such secured loan, action, including the date of application, date
forbearance. the proceeds of which are used to prepay or pay of application approval, and identity of the
(f) DEFINITIONS.—In this section: off an existing loan secured by the same prop- counterparty;
(1) APPLICABLE PROPERTY.—The term ‘‘appli- erty; and (2) the amount of the loan or loan guarantee;
cable property’’, with respect to a Federally (B) is made in whole or in part, or insured, (3) the interest rate, conditions, and any other
backed multifamily mortgage loan, means the guaranteed, supplemented, or assisted in any material or financial terms associated with the
residential multifamily property against which way, by any officer or agency of the Federal transaction, if applicable; and
the mortgage loan is secured by a lien. Government or under or in connection with a (4) a copy of the relevant and final term sheet,
(2) FEDERALLY BACKED MULTIFAMILY MORT- housing or urban development program adminis- if applicable, and contract or other relevant
GAGE LOAN.—The term ‘‘Federally backed multi- tered by the Secretary of Housing and Urban documentation regarding the transaction.
family mortgage loan’’ includes any loan (other Development or a housing or related program (b) REPORTS.—
than temporary financing such as a construc- administered by any other such officer or agen- (1) TO CONGRESS.—
tion loan) that— cy, or is purchased or securitized by the Federal (A) IN GENERAL.—In addition to such reports
(A) is secured by a first or subordinate lien on Home Loan Mortgage Corporation or the Fed- as are required under section 5302(c) of title 31,
residential multifamily real property designed eral National Mortgage Association. United States Code, not later than 7 days after
principally for the occupancy of 5 or more fami- (5) FEDERALLY BACKED MULTIFAMILY MORT- the Secretary makes any loan or loan guarantee
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lies, including any such secured loan, the pro- GAGE LOAN.—The term ‘‘Federally backed multi- under paragraph (1), (2), or (3) of section
ceeds of which are used to prepay or pay off an family mortgage loan’’ includes any loan (other 4003(b), the Secretary shall submit to the Chair-
existing loan secured by the same property; and than temporary financing such as a construc- men and Ranking Members of the Committee on
(B) is made in whole or in part, or insured, tion loan) that— Banking, Housing, and Urban Affairs and the
guaranteed, supplemented, or assisted in any (A) is secured by a first or subordinate lien on Committee on Finance of the Senate and the
way, by any officer or agency of the Federal residential multifamily real property designed Chairmen and Ranking Members of the Com-
Government or under or in connection with a principally for the occupancy of 5 or more fami- mittee on Financial Services and the Committee
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1787
on Ways and Means of the House of Represent- (2) REPORT.—Not later than 9 months after erages, provisions and related supplies for deliv-
atives a report summarizing— the date of enactment of this Act, and annually ery, and the delivery of such items, directly to
(i) an overview of actions taken by the Sec- thereafter through the year succeeding the last aircraft or to a location on or near airport prop-
retary under paragraph (1), (2) or (3) of section year for which loans, loan guarantees, or other erty for subsequent delivery to aircraft;
4003(b) during such period; investments made under section 4003 are out- (3) the term ‘‘contractor’’ means—
(ii) the actual obligation, expenditure, and standing, the Comptroller General shall submit (A) a person that performs, under contract
disbursements of the funds during such period; to the Committee on Financial Services, the with a passenger air carrier conducting oper-
and Committee on Transportation and Infrastruc- ations under part 121 of title 14, Code of Federal
(iii) a detailed financial statement with re- ture, the Committee on Appropriations, and the Regulations—
spect to the exercise of authority under para- Committee on the Budget of the House of Rep- (i) catering functions; or
graph (1), (2) or (3) of section 4003(b) showing— resentatives and the Committee on Banking, (ii) functions on the property of an airport
(I) all loans and loan guarantees made, re- Housing, and Urban Affairs, the Committee on that are directly related to the air transpor-
newed, or restructured; Commerce, Science, and Transportation, the tation of persons, property, or mail, including
(II) all transactions during such period, in- but not limited to the loading and unloading of
Committee on Appropriations, and the Com-
cluding the types of parties involved; property on aircraft; assistance to passengers
mittee on the Budget of the Senate a report on
(III) the nature of the assets purchased; under part 382 of title 14, Code of Federal Regu-
(IV) a description of the vehicles established the loans, loan guarantees, and other invest-
ments made under section 4003. lations; security; airport ticketing and check-in
to exercise such authority; and functions; ground-handling of aircraft; or air-
(V) any or all repayment activity, delin- SEC. 4027. DIRECT APPROPRIATION.
(a) IN GENERAL.—Notwithstanding any other craft cleaning and sanitization functions and
quencies or defaults on loans and loan guaran-
provision of law, there is appropriated, out of waste removal; or
tees issued under paragraph (1), (2) or (3) of sec-
(B) a subcontractor that performs such func-
tion 4003(b). amounts in the Treasury not otherwise appro-
tions;
(B) PUBLICATION.—Not later than 7 days after priated, to the fund established under section
(4) the term ‘‘employee’’ means an individual,
the date on which the Secretary submits a re- 5302(a)(1) of title 31, United States Code,
other than a corporate officer, who is employed
port under subparagraph (A) to the committees $500,000,000,000 to carry out this subtitle.
by an air carrier or a contractor; and
of Congress described in such subparagraph, the (b) TECHNICAL AND CONFORMING AMEND- (5) the term ‘‘Secretary’’ means the Secretary
Secretary shall publish such report on the MENT.—Section 5302(a) of title 31, United States
of the Treasury.
website of the Department of the Treasury. Code, is amended—
SEC. 4112. PANDEMIC RELIEF FOR AVIATION
(C) 30-DAY REPORTS.—Every 30 days during (1) by striking ‘‘and’’ before ‘‘section 3’’; and WORKERS.
such time as a loan or loan guarantee under (2) by inserting ‘‘and the Coronavirus Eco-
(a) FINANCIAL ASSISTANCE FOR EMPLOYEE
paragraph (1), (2), or (3) of section 4003(b) is nomic Stabilization Act of 2020,’’ before ‘‘and
WAGES, SALARIES, AND BENEFITS.—Notwith-
outstanding, the Secretary shall publish on the for investing’’.
standing any other provision of law, to preserve
website of the Department of the Treasury a re- (c) CLARIFICATION.—
aviation jobs and compensate air carrier indus-
port summarizing the information set forth in (1) IN GENERAL.—On or after January 1, 2021,
try workers, the Secretary shall provide finan-
subparagraph (A). any remaining funds made available under sec-
(2) BOARD OF GOVERNORS.— cial assistance that shall exclusively be used for
tion 4003(b) may be used only for—
(A) IN GENERAL.—With respect to any program the continuation of payment of employee wages,
(A) modifications, restructurings, or other
or facility described in paragraph (4) of section salaries, and benefits to—
amendments of loans, loan guarantees, or other
4003(b), the Board of Governors of the Federal (1) passenger air carriers, in an aggregate
investments in accordance with section
Reserve System shall provide to the Committee amount up to $25,000,000,000;
4029(b)(1); and (2) cargo air carriers, in the aggregate amount
on Banking, Housing, and Urban Affairs of the (B) exercising any options, warrants, or other
Senate and the Committee on Financial Services up to $4,000,000,000; and
investments made prior to January 1, 2021; and (3) contractors, in an aggregate amount up to
of the House of Representatives such reports as (C) paying costs and administrative expenses
are required to be provided under section 13(3) $3,000,000,000.
as provided in section 4003(f). (b) ADMINISTRATIVE EXPENSES.—Notwith-
of the Federal Reserve Act (12 U.S.C. 343(3))— (2) DEFICIT REDUCTION.—On January 1, 2026,
(i) not later than 7 days after the Board au- standing any other provision of law, the Sec-
any funds described in paragraph (1) that are retary, may use $100,000,000 of the funds made
thorizes a new facility or other financial assist- remaining shall be transferred to the general
ance in accordance with section 13(3)(C)(i) of available under section 4120(a) for costs and ad-
fund of the Treasury to be used for deficit re- ministrative expenses associated with providing
the Federal Reserve Act (12 U.S.C. 343(3)(C)(i)); duction.
and financial assistance under this subtitle.
SEC. 4028. RULE OF CONSTRUCTION. SEC. 4113. PROCEDURES FOR PROVIDING PAY-
(ii) once every 30 days with respect to out-
standing loans or financial assistance in accord- Nothing in this subtitle shall be construed to ROLL SUPPORT.
ance with section 13(3)(C)(ii) of the Federal Re- allow the Secretary to provide relief to eligible (a) AWARDABLE AMOUNTS.—The Secretary
serve Act (12 U.S.C. 343(3)(C)(ii)). businesses, States, and municipalities except in shall provide financial assistance under this
(B) PUBLICATION.—Not later than 7 days after the form of loans, loan guarantees, and other subtitle—
the Board of Governors of the Federal Reserve investments as provided in this subtitle and (1) to an air carrier in an amount equal to the
System submits a report under subparagraph (A) under terms and conditions that are in the in- salaries and benefits reported by the air carrier
to the committees of Congress described in sub- terest of the Federal Government. to the Department of Transportation pursuant
paragraph (A), the Board shall publish on its SEC. 4029. TERMINATION OF AUTHORITY. to part 241 of title 14, Code of Federal Regula-
website such report. (a) IN GENERAL.—Except as provided in sub- tions, for the period from April 1, 2019, through
(c) TESTIMONY.—The Secretary and the Chair- section (b), on December 31, 2020, the authority September 30, 2019; and
man of the Board of Governors of the Federal provided under this subtitle to make new loans, (2) to an air carrier that does not transmit re-
Reserve System shall testify, on a quarterly loan guarantees, or other investments shall ter- ports under such part 241, in an amount that
basis, before the Committee on Banking, Hous- minate. such air carrier certifies, using sworn financial
ing, and Urban Affairs of the Senate and the (b) OUTSTANDING.— statements or other appropriate data, as the
Committee on Financial Services of the House of (1) IN GENERAL.—Except as provided in para- amount of wages, salaries, benefits, and other
Representatives regarding the obligations of the graph (2), any loan, loan guarantee, or other compensation that such air carrier paid the em-
Department of the Treasury and the Federal Re- investment outstanding on the date described in ployees of such air carrier during the period
serve System, and transactions entered into, subsection (a)— from April 1, 2019, through September 30, 2019;
under this Act. (A) may be modified, restructured, or other- and
(d) PROGRAM DESCRIPTIONS.—The Secretary wise amended; and (3) to a contractor, in an amount that the
shall post on the website of the Department of (B) may not be forgiven. contractor certifies, using sworn financial state-
the Treasury all criteria, guidelines, eligibility (2) DURATION.—The duration of any loan or ments or other appropriate data, as the amount
requirements, and application materials for the loan guarantee made under section 4003(b)(1) of wages, salaries, benefits, and other com-
making of any loan or loan guarantee under that is modified, restructured, or otherwise pensation that such contractor paid the employ-
paragraph (1), (2), or (3) of section 4003(b). amended under paragraph (1) shall not be ex- ees of such contractor during the period from
(e) ADMINISTRATIVE CONTRACTS.—Not later tended beyond 5 years from the initial origina- April 1, 2019, through September 30, 2019.
than 24 hours after the Secretary enters into a tion date of the loan or loan guarantee. (b) DEADLINES AND PROCEDURES.—
contract in connection with the administration (1) IN GENERAL.—
Subtitle B—Air Carrier Worker Support (A) FORMS; TERMS AND CONDITIONS.—Finan-
of any loan or loan guarantee authorized to be
made under paragraph (1), (2), or (3) of section SEC. 4111. DEFINITIONS. cial assistance provided to an air carrier or con-
4003(b), the Secretary shall post on the website Unless otherwise specified, the terms in sec- tractor under this subtitle shall be in such form,
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of the Department of the Treasury a copy of the tion 40102(a) of title 49, United States Code, on such terms and conditions (including re-
contract. shall apply to this subtitle, except that— quirements for audits and the clawback of any
(f) GOVERNMENT ACCOUNTABILITY OFFICE.— (1) the term ‘‘airline catering employee’’ financial assistance provided upon failure by a
(1) STUDY.—The Comptroller General of the means an employee who performs airline cater- passenger air carrier, cargo air carrier, or con-
United States shall conduct a study on the ing services; tractor to honor the assurances specified in sec-
loans, loan guarantees, and other investments (2) the term ‘‘airline catering services’’ means tion 4114), as the Secretary determines appro-
provided under section 4003. preparation, assembly, or both, of food, bev- priate.
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H1788 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(B) PROCEDURES.—The Secretary shall publish craft or class of employees of the air carrier or SEC. 4119. COORDINATION.
streamlined and expedited procedures not later contractor under the Railway Labor Act (45 In implementing this subtitle the Secretary
than 5 days after the date of enactment of this U.S.C. 151 et seq.) or the National Labor Rela- shall coordinate with the Secretary of Transpor-
Act for air carriers and contractors to submit re- tions Act (29 U.S.C. 151 et seq.), regarding pay tation.
quests for financial assistance under this sub- or other terms and conditions of employment. SEC. 4120. DIRECT APPROPRIATION.
title. (b) PERIOD OF EFFECT.—With respect to an air Notwithstanding any other provision of law,
(2) DEADLINE FOR IMMEDIATE PAYROLL ASSIST- carrier or contractor to which financial assist- there is appropriated, out of amounts in the
ANCE.—Not later than 10 days after the date of ance is provided under this subtitle, this section Treasury not otherwise appropriated,
enactment of this Act, the Secretary shall make shall be in effect with respect to the air carrier $32,000,000,000 to carry out this subtitle.
initial payments to air carriers and contractors or contractor beginning on the date on which TITLE V—CORONAVIRUS RELIEF FUNDS
that submit requests for financial assistance ap- the air carrier or contractor is first issued such
SEC. 5001. CORONAVIRUS RELIEF FUND.
proved by to the Secretary. financial assistance and ending on September
(3) SUBSEQUENT PAYMENTS.—The Secretary 30, 2020. (a) IN GENERAL.—The Social Security Act (42
shall determine an appropriate method for time- SEC. 4116. LIMITATION ON CERTAIN EMPLOYEE U.S.C. 301 et seq.) is amended by inserting after
ly distribution of payments to air carriers and COMPENSATION. title V the following:
contractors with approved requests for financial (a) IN GENERAL.—The Secretary may only pro- ‘‘TITLE VI—CORONAVIRUS RELIEF FUND
assistance from any funds remaining available vide financial assistance under this subtitle to ‘‘SEC. 601. CORONAVIRUS RELIEF FUND.
after providing initial financial assistance pay- an air carrier or contractor after such carrier or ‘‘(a) APPROPRIATION.—
ments under paragraph (2). contractor enters into an agreement with the ‘‘(1) IN GENERAL.—Out of any money in the
(c) PRO RATA AUTHORITY.—The Secretary Secretary which provides that, during the 2- Treasury of the United States not otherwise ap-
shall have the authority to reduce, on a pro year period beginning March 24, 2020, and end- propriated, there are appropriated for making
rata basis, the amounts due to air carriers and ing March 24, 2022, no officer or employee of the payments to States, Tribal governments, and
contractors under the applicable paragraph of air carrier or contractor whose total compensa- units of local government under this section,
section 4112 in order to address any shortfall in tion exceeded $425,000 in calendar year 2019 $150,000,000,000 for fiscal year 2020.
assistance that would otherwise be provided (other than an employee whose compensation is ‘‘(2) RESERVATION OF FUNDS.—Of the amount
under such section. determined through an existing collective bar- appropriated under paragraph (1), the Secretary
(d) AUDITS.—The Inspector General of the De- gaining agreement entered into prior to enact- shall reserve—
partment of the Treasury shall audit certifi- ment of this Act)— ‘‘(A) $3,000,000,000 of such amount for making
cations made under subsection (a). (1) will receive from the air carrier or con- payments to the District of Columbia, the Com-
SEC. 4114. REQUIRED ASSURANCES. tractor total compensation which exceeds, dur- monwealth of Puerto Rico, the United States
ing any 12 consecutive months of such 2-year Virgin Islands, Guam, the Commonwealth of the
(a) IN GENERAL.—To be eligible for financial
period, the total compensation received by the Northern Mariana Islands, and American
assistance under this subtitle, an air carrier or
officer or employee from the air carrier or con- Samoa; and
contractor shall enter into an agreement with
tractor in calendar year 2019; ‘‘(B) $8,000,000,000 of such amount for making
the Secretary, or otherwise certify in such form
(2) will receive from the air carrier or con- payments to Tribal governments.
and manner as the Secretary shall prescribe,
tractor severance pay or other benefits upon ter- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
that the air carrier or contractor shall—
mination of employment with the air carrier or ‘‘(1) IN GENERAL.—Subject to paragraph (2),
(1) refrain from conducting involuntary fur-
contractor which exceeds twice the maximum not later than 30 days after the date of enact-
loughs or reducing pay rates and benefits until
total compensation received by the officer or em- ment of this section, the Secretary shall pay
September 30, 2020;
ployee from the air carrier or contractor in cal- each State and Tribal government, and each
(2) through September 30, 2021, ensure that
endar year 2019; and unit of local government that meets the condi-
neither the air carrier or contractor nor any af- (3) no officer or employee of the eligible busi-
filiate of the air carrier or contractor may, in tion described in paragraph (2), the amount de-
ness whose total compensation exceeded termined for the State, Tribal government, or
any transaction, purchase an equity security of $3,000,000 in calendar year 2019 may receive dur-
the air carrier or contractor or the parent com- unit of local government, for fiscal year 2020
ing any 12 consecutive months of such period under subsection (c).
pany of the air carrier or contractor that is list- total compensation in excess of the sum of— ‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL
ed on a national securities exchange; (A) $3,000,000; and GOVERNMENT.—If a unit of local government of
(3) through September 30, 2021, ensure that (B) 50 percent of the excess over $3,000,000 of a State submits the certification required by sub-
the air carrier or contractor shall not pay divi- the total compensation received by the officer or section (e) for purposes of receiving a direct
dends, or make other capital distributions, with employee from the eligible business in calendar payment from the Secretary under the authority
respect to the common stock (or equivalent inter- year 2019. of this paragraph, the Secretary shall reduce
est) of the air carrier or contractor; and (b) TOTAL COMPENSATION DEFINED.—In this
(4) meet the requirements of sections 4115 and the amount determined for that State by the rel-
section, the term ‘‘total compensation’’ includes
4116. ative unit of local government population pro-
salary, bonuses, awards of stock, and other fi-
(b) DEPARTMENT OF TRANSPORTATION AU- portion amount described in subsection (c)(5)
nancial benefits provided by an air carrier or
THORITY TO CONDITION ASSISTANCE ON CONTINU-
and pay such amount directly to such unit of
contractor to an officer or employee of the air
ATION OF SERVICE.—
local government.
carrier or contractor. ‘‘(c) PAYMENT AMOUNTS.—
(1) IN GENERAL.—The Secretary of Transpor- SEC. 4117. TAX PAYER PROTECTION. ‘‘(1) IN GENERAL.—Subject to paragraph (2),
tation is authorized to require, to the extent rea- The Secretary may receive warrants, options, the amount paid under this section for fiscal
sonable and practicable, an air carrier provided preferred stock, debt securities, notes, or other year 2020 to a State that is 1 of the 50 States
financial assistance under this subtitle to main- financial instruments issued by recipients of fi- shall be the amount equal to the relative popu-
tain scheduled air transportation service, as the nancial assistance under this subtitle which, in lation proportion amount determined for the
Secretary of Transportation deems necessary, to the sole determination of the Secretary, provide State under paragraph (3) for such fiscal year.
ensure services to any point served by that car- appropriate compensation to the Federal Gov- ‘‘(2) MINIMUM PAYMENT.—
rier before March 1, 2020. ernment for the provision of the financial assist- ‘‘(A) IN GENERAL.—No State that is 1 of the 50
(2) REQUIRED CONSIDERATIONS.—When consid- ance. States shall receive a payment under this sec-
ering whether to exercise the authority provided SEC. 4118. REPORTS. tion for fiscal year 2020 that is less than
by this section, the Secretary of Transportation (a) REPORT.—Not later than November 1, 2020, $1,250,000,000.
shall take into consideration the air transpor- the Secretary shall submit to the Committee on ‘‘(B) PRO RATA ADJUSTMENTS.—The Secretary
tation needs of small and remote communities Transportation and Infrastructure and the shall adjust on a pro rata basis the amount of
and the need to maintain well-functioning Committee on Financial Services of the House of the payments for each of the 50 States deter-
health care supply chains, including medical de- Representatives and the Committee on Com- mined under this subsection without regard to
vices and supplies, and pharmaceutical supply merce, Science, and Transportation and the this subparagraph to the extent necessary to
chains. Committee on Banking, Housing, and Urban Af- comply with the requirements of subparagraph
(3) SUNSET.—The authority provided under fairs of the Senate a report on the financial as- (A).
this subsection shall terminate on March 1, 2022, sistance provided to air carriers and contractors ‘‘(3) RELATIVE POPULATION PROPORTION
and any requirements issued by the Secretary of under this subtitle, including a description of AMOUNT.—For purposes of paragraph (1), the
Transportation under this subsection shall cease any financial assistance provided. relative population proportion amount deter-
to apply after that date. (b) UPDATE.—Not later than the last day of mined under this paragraph for a State for fis-
SEC. 4115. PROTECTION OF COLLECTIVE BAR- the 1-year period following the date of enact- cal year 2020 is the product of—
GAINING AGREEMENT. ment of this Act, the Secretary shall update and ‘‘(A) the amount appropriated under para-
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(a) IN GENERAL.—Neither the Secretary, nor submit to the Committee on Transportation and graph (1) of subsection (a) for fiscal year 2020
any other actor, department, or agency of the the Committee on Financial Services and Infra- that remains after the application of paragraph
Federal Government, shall condition the structure of the House of Representatives and (2) of that subsection; and
issuance of financial assistance under this sub- the Committee on Commerce, Science, and ‘‘(B) the relative State population proportion
title on an air carrier’s or contractor’s imple- Transportation and the Committee on Banking, (as defined in paragraph (4)).
mentation of measures to enter into negotiations Housing, and Urban Affairs of the Senate the ‘‘(4) RELATIVE STATE POPULATION PROPORTION
with the certified bargaining representative of a report described in subsection (a). DEFINED.—For purposes of paragraph (3)(B), the
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1789
term ‘relative State population proportion’ (d), the amount equal to the amount of funds (1) shall prioritize delivery of postal products
means, with respect to a State, the quotient of— used in violation of such subsection shall be for medical purposes; and
‘‘(A) the population of the State; and booked as a debt of such entity owed to the Fed- (2) may establish temporary delivery points, in
‘‘(B) the total population of all States (exclud- eral Government. Amounts recovered under this such form and manner as the Postal Service de-
ing the District of Columbia and territories spec- subsection shall be deposited into the general termines necessary, to protect employees of the
ified in subsection (a)(2)(A)). fund of the Treasury. Postal Service and individuals receiving deliv-
‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT ‘‘(3) APPROPRIATION.—Out of any money in eries from the Postal Service.
POPULATION PROPORTION AMOUNT.—For pur- the Treasury of the United States not otherwise SEC. 6002. EMERGENCY DESIGNATION.
poses of subsection (b)(2), the term ‘relative unit appropriated, there are appropriated to the Of- (a) IN GENERAL.—The amounts provided
of local government population proportion fice of the Inspector General of the Department under this division are designated as an emer-
amount’ means, with respect to a unit of local of the Treasury, $35,000,000 to carry out over- gency requirement pursuant to section 4(g) of
government and a State, the amount equal to sight and recoupment activities under this sub- the Statutory Pay-As-You-Go Act of 2010 (2
the product of— section. Amounts appropriated under the pre- U.S.C. 933(g)).
‘‘(A) 45 percent of the amount of the payment ceding sentence shall remain available until ex- (b) DESIGNATION IN SENATE.—In the Senate,
determined for the State under this subsection pended. this division is designated as an emergency re-
(without regard to this paragraph); and ‘‘(4) AUTHORITY OF INSPECTOR GENERAL.— quirement pursuant to section 4112(a) of H. Con.
‘‘(B) the amount equal to the quotient of— Nothing in this subsection shall be construed to Res. 71 (115th Congress), the concurrent resolu-
‘‘(i) the population of the unit of local govern- diminish the authority of any Inspector Gen- tion on the budget for fiscal year 2018.
ment; and eral, including such authority as provided in
‘‘(ii) the total population of the State in DIVISION B—EMERGENCY APPROPRIA-
the Inspector General Act of 1978 (5 U.S.C.
which the unit of local government is located. TIONS FOR CORONAVIRUS HEALTH RE-
App.).
‘‘(6) DISTRICT OF COLUMBIA AND TERRI- SPONSE AND AGENCY OPERATIONS
‘‘(g) DEFINITIONS.—In this section:
TORIES.—The amount paid under this section for ‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ The following sums are hereby are appro-
fiscal year 2020 to a State that is the District of has the meaning given that term in section 4(e) priated, out of any money in the Treasury not
Columbia or a territory specified in subsection of the Indian Self-Determination and Education otherwise appropriated, for the fiscal year end-
(a)(2)(A) shall be the amount equal to the prod- Assistance Act (25 U.S.C. 5304(e)). ing September 30, 2020, and for other purposes,
uct of— ‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of namely:
‘‘(A) the amount set aside under subsection local government’ means a county, munici- TITLE I
(a)(2)(A) for such fiscal year; and pality, town, township, village, parish, borough, AGRICULTURAL PROGRAMS
‘‘(B) each such District’s and territory’s share or other unit of general government below the
of the combined total population of the District OFFICE OF THE SECRETARY
State level with a population that exceeds
of Columbia and all such territories, as deter- 500,000. For an additional amount for the ‘‘Office of
mined by the Secretary. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary’’, $9,500,000,000, to remain avail-
‘‘(7) TRIBAL GOVERNMENTS.—From the amount the Secretary of the Treasury. able until expended, to prevent, prepare for, and
set aside under subsection (a)(2)(B) for fiscal ‘‘(4) STATE.—The term ‘State’ means the 50 respond to coronavirus by providing support for
year 2020, the amount paid under this section States, the District of Columbia, the Common- agricultural producers impacted by coronavirus,
for fiscal year 2020 to a Tribal government shall wealth of Puerto Rico, the United States Virgin including producers of specialty crops, pro-
be the amount the Secretary shall determine, in Islands, Guam, the Commonwealth of the North- ducers that supply local food systems, including
consultation with the Secretary of the Interior ern Mariana Islands, and American Samoa. farmers markets, restaurants, and schools, and
and Indian Tribes, that is based on increased ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Tribal livestock producers, including dairy producers:
expenditures of each such Tribal government (or government’ means the recognized governing Provided, That such amount is designated by
a tribally-owned entity of such Tribal govern- body of an Indian Tribe.’’. the Congress as being for an emergency require-
ment) relative to aggregate expenditures in fis- (b) APPLICATION OF PROVISIONS.—Amounts ment pursuant to section 251(b)(2)(A)(i) of the
cal year 2019 by the Tribal government (or trib- appropriated for fiscal year 2020 under section Balanced Budget and Emergency Deficit Con-
ally-owned entity) and determined in such man- 601(a)(1) of the Social Security Act (as added by trol Act of 1985.
ner as the Secretary determines appropriate to subsection (a)) shall be subject to the require- OFFICE OF INSPECTOR GENERAL
ensure that all amounts available under sub- ments contained in Public Law 116–94 for funds
For an additional amount for ‘‘Office of In-
section (a)(2)(B) for fiscal year 2020 are distrib- for programs authorized under sections 330
spector General’’, $750,000, to remain available
uted to Tribal governments. through 340 of the Public Health Service Act (42
until September 30, 2021, to prevent, prepare for,
‘‘(8) DATA.—For purposes of this subsection, U.S.C. 254 through 256).
and respond to coronavirus, domestically or
the population of States and units of local gov- TITLE VI—MISCELLANEOUS PROVISIONS internationally: Provided, That the funding
ernments shall be determined based on the most SEC. 6001. COVID–19 BORROWING AUTHORITY made available under this heading in this Act
recent year for which data are available from FOR THE UNITED STATES POSTAL shall be used for conducting audits and inves-
the Bureau of the Census. SERVICE. tigations of projects and activities carried out
‘‘(d) USE OF FUNDS.—A State, Tribal govern- (a) DEFINITIONS.—In this section— with funds made available in this Act to the De-
ment, and unit of local government shall use the (1) the term ‘‘COVID–19 emergency’’ means partment of Agriculture to prevent, prepare for,
funds provided under a payment made under the emergency involving Federal primary re- and respond to coronavirus, domestically or
this section to cover only those costs of the sponsibility determined to exist by the President internationally: Provided further, That such
State, Tribal government, or unit of local gov- under section 501(b) of the Robert T. Stafford amount is designated by the Congress as being
ernment that— Disaster Relief and Emergency Assistance Act for an emergency requirement pursuant to sec-
‘‘(1) are necessary expenditures incurred due (42 U.S.C. 5191(b)) with respect to the tion 251(b)(2)(A)(i) of the Balanced Budget and
to the public health emergency with respect to Coronavirus Disease 2019 (COVID–19); and Emergency Deficit Control Act of 1985.
the Coronavirus Disease 2019 (COVID–19); (2) the term ‘‘Postal Service’’ means the
‘‘(2) were not accounted for in the budget United States Postal Service. ANIMAL AND PLANT HEALTH INSPECTION SERVICE
most recently approved as of the date of enact- (b) ADDITIONAL BORROWING AUTHORITY.— SALARIES AND EXPENSES
ment of this section for the State or government; Notwithstanding section 2005 of title 39, United For an additional amount for ‘‘Salaries and
and States Code, or any other provision of law, if Expenses’’, $55,000,000, to remain available until
‘‘(3) were incurred during the period that be- the Postal Service determines that, due to the September 30, 2021, to prevent, prepare for, and
gins on March 1, 2020, and ends on December 30, COVID–19 emergency, the Postal Service will respond to coronavirus, domestically or inter-
2020. not be able to fund operating expenses without nationally, including for necessary expenses for
‘‘(e) CERTIFICATION.—In order to receive a borrowing money— salary costs associated with the Agriculture
payment under this section, a unit of local gov- (1) the Postal Service may borrow money from Quarantine and Inspection Program: Provided,
ernment shall provide the Secretary with a cer- the Treasury in an amount not to exceed That such amount is designated by the Congress
tification signed by the Chief Executive for the $10,000,000,000— as being for an emergency requirement pursuant
unit of local government that the local govern- (A) to be used for such operating expenses; to section 251(b)(2)(A)(i) of the Balanced Budget
ment’s proposed uses of the funds are consistent and and Emergency Deficit Control Act of 1985.
with subsection (d). (B) which may not be used to pay any out-
AGRICULTURAL MARKETING SERVICE
‘‘(f) INSPECTOR GENERAL OVERSIGHT; standing debt of the Postal Service; and
RECOUPMENT.— (2) the Secretary of the Treasury may lend up MARKETING SERVICES
‘‘(1) OVERSIGHT AUTHORITY.—The Inspector to the amount described in paragraph (1) at the For an additional amount for ‘‘Marketing
General of the Department of the Treasury shall request of the Postal Service, upon terms and Services’’, $45,000,000, to remain available until
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conduct monitoring and oversight of the receipt, conditions mutually agreed upon by the Sec- September 30, 2021, to prevent, prepare for, and
disbursement, and use of funds made available retary and the Postal Service. respond to coronavirus, domestically or inter-
under this section. (c) PRIORITIZATION OF DELIVERY FOR MED- nationally, including necessary expenses for sal-
‘‘(2) RECOUPMENT.—If the Inspector General ICAL PURPOSES DURING COVID–19 EMER- ary costs associated with commodity grading,
of the Department of the Treasury determines GENCY.—Notwithstanding any other provision of inspection, and audit activities: Provided, That
that a State, Tribal government, or unit of local law, during the COVID–19 emergency, the Post- such amount is designated by the Congress as
government has failed to comply with subsection al Service— being for an emergency requirement pursuant to
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H1790 CONGRESSIONAL RECORD — HOUSE March 27, 2020
section 251(b)(2)(A)(i) of the Balanced Budget this heading in this Act, $15,510,000,000 shall be GENERAL PROVISIONS—THIS TITLE
and Emergency Deficit Control Act of 1985. placed in a contingency reserve to be allocated (INCLUDING TRANSFER OF FUNDS)
FOOD SAFETY AND INSPECTION SERVICE as the Secretary deems necessary to support par- SEC. 11001. Of the funds made available to the
ticipation should cost or participation exceed Rural Development mission area in this title,
For an additional amount for ‘‘Food Safety
budget estimates to prevent, prepare for, and re- and in addition to funds otherwise made avail-
and Inspection Service’’, $33,000,000, to remain
spond to coronavirus: Provided further, That of able for such purpose, not more than 3 percent
available until September 30, 2021, to prevent,
the amount provided under this heading in this may be used for administrative costs to carry
prepare for, and respond to coronavirus, domes-
Act, $100,000,000 shall be for the food distribu- out loan, loan guarantee and grant activities
tically or internationally, including for support
tion program on Indian reservations program as funded in this title to prevent, prepare for, and
of temporary and intermittent workers, reloca-
authorized by Section 4(b) of the Food and Nu- respond to coronavirus, domestically or inter-
tion of inspectors, and, notwithstanding 21
trition Act of 2008 (7 U.S.C. 2013) and Section nationally: Provided, That such funds shall be
U.S.C. 468, 695 and 1053 and 7 U.S.C. 2219a,
4(a) of the Agriculture and Consumer Protection transferred to, and merged with, the appropria-
costs of overtime inspectors under the Federal
Act of 1973 (7 U.S.C. 1431) to prevent, prepare tion for ‘‘Rural Development, Salaries and Ex-
Meat Inspection Act, the Poultry Products In-
for, and respond to coronavirus, of which penses’’ and, once transferred, shall be used
spection Act, and the Egg Products Inspection
$50,000,000 shall be for facility improvements only to prevent, prepare for, and respond to
Act: Provided, That such amount is designated
and equipment upgrades and of which coronavirus, domestically or internationally:
by the Congress as being for an emergency re-
$50,000,000 shall be for the costs relating to addi- Provided further, that this transfer authority is
quirement pursuant to section 251(b)(2)(A)(i) of
tional food purchases: Provided further, That of in addition to any other transfer authority pro-
the Balanced Budget and Emergency Deficit
the amount provided under this heading in this vided by law.
Control Act of 1985.
Act, $200,000,000 to remain available through COMMODITY CREDIT CORPORATION
FARM PRODUCTION AND CONSERVATION September 30, 2021, shall be available for the
PROGRAMS REIMBURSEMENT OF PRESENT NET REALIZED
Secretary of Agriculture to provide grants to the LOSSES
FARM SERVICE AGENCY Commonwealth of the Northern Mariana Is-
SEC. 11002. Of the amounts provided in the
For an additional amount for ‘‘Salaries and lands, Puerto Rico, and American Samoa for
Further Consolidated Appropriations Act, 2020
Expenses’’, $3,000,000, to remain available until nutrition assistance to prevent, prepare for, and
(Public Law 116–94) under the heading ‘‘Com-
September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or inter-
modity Credit Corporation Fund—Reimburse-
respond to coronavirus, domestically or inter- nationally: Provided further, That such amount
ment for Net Realized Losses’’, $14,000,000,000,
nationally, including necessary expenses to hire is designated by the Congress as being for an
may be used, prior to the completion of the re-
temporary staff and overtime expenses: Pro- emergency requirement pursuant to section
port described in 15 U.S.C. 713a–11, to reimburse
vided, That such amount is designated by the 251(b)(2)(A)(i) of the Balanced Budget and
the Commodity Credit Corporation for net real-
Congress as being for an emergency requirement Emergency Deficit Control Act of 1985.
ized losses sustained, but not previously reim-
pursuant to section 251(b)(2)(A)(i) of the Bal- COMMODITY ASSISTANCE PROGRAM bursed, as reflected in the June 2020 report of its
anced Budget and Emergency Deficit Control financial condition: Provided, That such
Act of 1985. For an additional amount for ‘‘Commodity As-
sistance Program’’, $450,000,000, to remain avail- amount is designated by the Congress as being
RURAL DEVELOPMENT PROGRAMS able through September 30, 2021, to prevent, pre- for an emergency requirement pursuant to sec-
RURAL BUSINESS—COOPERATIVE SERVICE pare for, and respond to coronavirus, domesti- tion 251(b)(2)(A)(i) of the Balanced Budget and
RURAL BUSINESS PROGRAM ACCOUNT cally or internationally, for the emergency food Emergency Deficit Control Act of 1985.
assistance program as authorized by section SEC. 11003. The Secretary may extend the term
For an additional amount for ‘‘Rural Busi- of a marketing assistance loan authorized by
ness Program Account’’, $20,500,000, to remain 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)) and section 204(a)(1) of the section 1201 of the Agricultural Act of 2014 (7
available until September 30, 2021, to prevent, U.S.C. 9033) for any loan commodity to 12
prepare for, and respond to coronavirus, for the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(a)(1)): Provided, That of the funds made months: Provided, That the authority made
cost of loans for rural business development pro- available pursuant to this section shall expire
grams authorized by section 310B and described available, the Secretary may use up to
$150,000,000 for costs associated with the dis- on September 30, 2020: Provided further, That
in subsection (g) of section 310B of the Consoli- the amount provided by this section is des-
dated Farm and Rural Development Act: Pro- tribution of commodities: Provided further, That
such amount is designated by the Congress as ignated by the Congress as being for an emer-
vided, That such amount is designated by the gency requirement pursuant to section
Congress as being for an emergency requirement being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget 251(b)(2)(A)(i) of the Balanced Budget and
pursuant to section 251(b)(2)(A)(i) of the Bal- Emergency Deficit Control Act of 1985.
anced Budget and Emergency Deficit Control and Emergency Deficit Control Act of 1985.
SEC. 11004. For an additional amount for
Act of 1985. FOREIGN ASSISTANCE AND RELATED grants under the pilot program established
RURAL UTILITIES SERVICE PROGRAMS under section 779 of Public Law 115–141, to pre-
DISTANCE LEARNING, TELEMEDICINE, AND FOREIGN AGRICULTURAL SERVICE vent, prepare for, and respond to coronavirus,
BROADBAND PROGRAM $100,000,000, to remain available until September
SALARIES AND EXPENSES
30, 2021: Provided, That at least 90 percent of
For an additional amount for ‘‘Distance
For an additional amount for ‘‘Salaries and the households to be served by a project receiv-
Learning, Telemedicine, and Broadband Pro-
Expenses’’, $4,000,000, to remain available until ing a grant shall be in a rural area without suf-
gram’’, $25,000,000, to remain available until ex-
September 30, 2021, to prevent, prepare for, and ficient access to broadband: Provided further,
pended, to prevent, prepare for, and respond to
respond to coronavirus, domestically or inter- That for purposes of such pilot program, a rural
coronavirus, domestically or internationally, for
nationally, including necessary expenses to relo- area without sufficient access to broadband
telemedicine and distance learning services in
cate employees and their dependents back from shall be defined as 10 Mbps downstream and 1
rural areas, as authorized by 7 U.S.C. 950aaa et
overseas posts: Provided, That such amount is Mbps upstream, and such definition shall be re-
seq.: Provided, That such amount is designated
designated by the Congress as being for an evaluated and redefined, as necessary, on an
by the Congress as being for an emergency re-
emergency requirement pursuant to section annual basis by the Secretary of Agriculture:
quirement pursuant to section 251(b)(2)(A)(i) of
251(b)(2)(A)(i) of the Balanced Budget and Provided further, That an entity to which a
the Balanced Budget and Emergency Deficit
Emergency Deficit Control Act of 1985. grant is made under the pilot program shall not
Control Act of 1985.
RELATED AGENCIES AND FOOD AND DRUG use a grant to overbuild or duplicate broadband
DOMESTIC FOOD PROGRAMS expansion efforts made by any entity that has
ADMINISTRATION
FOOD AND NUTRITION SERVICE received a broadband loan from the Rural Utili-
CHILD NUTRITION PROGRAMS
DEPARTMENT OF HEALTH AND HUMAN SERVICES ties Service: Provided further, That priority con-
For an additional amount for ‘‘Child Nutri- FOOD AND DRUG ADMINISTRATION sideration for grants shall be given to previous
tion Programs’’, $8,800,000,000 to remain avail- applicants now eligible as a result of adjusted
SALARIES AND EXPENSES
able until September 30, 2021, to prevent, pre- eligibility requirements: Provided further, That
For an additional amount for ‘‘Salaries and such amount is designated by the Congress as
pare for, and respond to coronavirus, domesti-
Expenses’’, $80,000,000, to remain available until being for an emergency requirement pursuant to
cally or internationally: Provided, That such
expended, to prevent, prepare for, and respond section 251(b)(2)(A)(i) of the Balanced Budget
amount is designated by the Congress as being
to coronavirus, domestically or internationally, and Emergency Deficit Control Act of 1985.
for an emergency requirement pursuant to sec-
including funds for the development of nec- TITLE II
tion 251(b)(2)(A)(i) of the Balanced Budget and
essary medical countermeasures and vaccines, DEPARTMENT OF COMMERCE
Emergency Deficit Control Act of 1985.
advanced manufacturing for medical products,
ECONOMIC DEVELOPMENT ADMINISTRATION
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SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM the monitoring of medical product supply
For an additional amount for ‘‘Supplemental chains, and related administrative activities: ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
Nutrition Assistance Program’’, $15,810,000,000, Provided, That such amount is designated by (INCLUDING TRANSFERS OF FUNDS)
to remain available until September 30, 2021, to the Congress as being for an emergency require- Pursuant to section 703 of the Public Works
prevent, prepare for, and respond to ment pursuant to section 251(b)(2)(A)(i) of the and Economic Development Act (42 U.S.C. 3233),
coronavirus, domestically or internationally: Balanced Budget and Emergency Deficit Con- for an additional amount for ‘‘Economic Devel-
Provided, That of the amount provided under trol Act of 1985. opment Assistance Programs’’, $1,500,000,000, to
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1791
remain available until September 30, 2022, to NATIONAL OCEANIC AND ATMOSPHERIC $15,000,000, to prevent, prepare for, and respond
prevent, prepare for, and respond to ADMINISTRATION to coronavirus, domestically or internationally,
coronavirus, domestically or internationally, in- OPERATIONS, RESEARCH, AND FACILITIES including the impact of coronavirus on the work
cluding for necessary expenses for responding to For an additional amount for ‘‘Operations, of the Department of Justice: Provided, That
economic injury as a result of coronavirus: Pro- Research, and Facilities’’, $20,000,000, to remain such amount is designated by the Congress as
vided, That such amount shall be for economic available until September, 30, 2021, to prevent, being for an emergency requirement pursuant to
adjustment assistance as authorized by section prepare for, and respond to coronavirus, domes- section 251(b)(2)(A)(i) of the Balanced Budget
209 of the Public Works and Economic Develop- tically or internationally, by supporting con- and Emergency Deficit Control Act of 1985.
ment Act of 1965 (42 U.S.C. 3149): Provided fur- tinuity of operations, including National FEDERAL PRISON SYSTEM
ther, That within the amount appropriated
Weather Service life and property related oper- SALARIES AND EXPENSES
under this heading in this Act, up to 2 percent
ations: Provided, That such amount is des- For an additional amount for ‘‘Federal Prison
of funds may be transferred to the ‘‘Salaries and
ignated by the Congress as being for an emer- System, Salaries and Expenses’’, $100,000,000, to
Expenses’’ account for administration and over-
gency requirement pursuant to section prevent, prepare for, and respond to
sight activities related to preventing, preparing
251(b)(2)(A)(i) of the Balanced Budget and coronavirus, domestically or internationally, in-
for, and responding to coronavirus: Provided
Emergency Deficit Control Act of 1985. cluding the impact of coronavirus on the work
further, That the Secretary of Commerce is au-
thorized to appoint and fix the compensation of DEPARTMENT OF JUSTICE of the Department of Justice: Provided, That
such temporary personnel as may be necessary GENERAL ADMINISTRATION such amount is designated by the Congress as
to implement the requirements under this head- JUSTICE INFORMATION SHARING TECHNOLOGY being for an emergency requirement pursuant to
ing in this Act to prevent, prepare for, and re- For an additional amount for ‘‘Justice Infor- section 251(b)(2)(A)(i) of the Balanced Budget
spond to coronavirus, without regard to the pro- mation Sharing Technology’’, $2,000,000, to re- and Emergency Deficit Control Act of 1985.
visions of title 5, United States Code, governing main available until expended, to prevent, pre- STATE AND LOCAL LAW ENFORCEMENT
appointments in competitive service: Provided pare for, and respond to coronavirus, domesti- ACTIVITIES
further, That the Secretary of Commerce is au- cally or internationally, including the impact of OFFICE OF JUSTICE PROGRAMS
thorized to appoint such temporary personnel, coronavirus on the work of the Department of STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
after serving continuously for 2 years, to posi- Justice: Provided, That such amount is des-
tions in the Economic Development Administra- For an additional amount for ‘‘State and
ignated by the Congress as being for an emer- Local Law Enforcement Assistance’’,
tion in the same manner that competitive service gency requirement pursuant to section
employees with competitive status are consid- $850,000,000, to remain available until expended,
251(b)(2)(A)(i) of the Balanced Budget and to prevent, prepare for, and respond to
ered for transfer, reassignment, or promotion to Emergency Deficit Control Act of 1985.
such positions and an individual appointed coronavirus, domestically or internationally, to
OFFICE OF INSPECTOR GENERAL be awarded pursuant to the formula allocation
under this provision shall become a career-con-
ditional employee, unless the employee has al- For an additional amount for ‘‘Office of In- (adjusted in proportion to the relative amounts
ready completed the service requirements for ca- spector General’’, $2,000,000, to remain available statutorily designated therefor) that was used in
reer tenure: Provided further, That within the until expended to prevent, prepare for, and re- fiscal year 2019 for the Edward Byrne Memorial
amount appropriated under this heading in this spond to coronavirus, domestically or inter- Justice Assistance Grant program as authorized
Act, $3,000,000 shall be transferred to the ‘‘Of- nationally, including the impact of coronavirus by subpart 1 of part E of title I of the Omnibus
fice of Inspector General’’ account for carrying on the work of the Department of Justice and to Crime Control and Safe Streets Acts of 1968
out investigations and audits related to the carry out investigations and audits related to (‘‘1968 Act’’): Provided, That the allocation pro-
funding provided to prevent, prepare for, and the funding made available for the Department visions under sections 505(a) through (e) and
respond to coronavirus under this heading in of Justice in this Act: Provided, That such the special rules for Puerto Rico under section
this Act: Provided further, That such amount is amount is designated by the Congress as being 505(g), and section 1001(c), of the 1968 Act, shall
designated by the Congress as being for an for an emergency requirement pursuant to sec- not apply to the amount provided under this
emergency requirement pursuant to section tion 251(b)(2)(A)(i) of the Balanced Budget and heading in this Act: Provided further, That
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. awards hereunder, shall not be subject to re-
Emergency Deficit Control Act of 1985. LEGAL ACTIVITIES strictions or special conditions that are the same
NATIONAL INSTITUTE OF STANDARDS AND SALARIES AND EXPENSES, UNITED STATES as (or substantially similar to) those, imposed on
TECHNOLOGY ATTORNEYS awards under such subpart in fiscal year 2018,
SCIENTIFIC AND TECHNICAL RESEARCH AND For an additional amount for ‘‘Salaries and that forbid interference with Federal law en-
SERVICES Expenses, United States Attorneys’’, $3,000,000, forcement: Provided further, That such amount
to prevent, prepare for, and respond to is designated by the Congress as being for an
For an additional amount for ‘‘Scientific and
coronavirus, domestically or internationally, in- emergency requirement pursuant to section
Technical Research and Services’’, $6,000,000, to
cluding the impact of coronavirus on the work 251(b)(2)(A)(i) of the Balanced Budget and
remain available until September, 30, 2021, to
of the Department of Justice: Provided, That Emergency Deficit Control Act of 1985.
prevent, prepare for, and respond to
coronavirus, domestically or internationally, by such amount is designated by the Congress as SCIENCE
supporting continuity of operations, including being for an emergency requirement pursuant to NATIONAL AERONAUTICS AND SPACE
measurement science to support viral testing section 251(b)(2)(A)(i) of the Balanced Budget ADMINISTRATION
and biomanufacturing: Provided, That such and Emergency Deficit Control Act of 1985. SAFETY, SECURITY AND MISSION SERVICES
amount is designated by the Congress as being UNITED STATES MARSHALS SERVICE For an additional amount for ‘‘Safety, Secu-
for an emergency requirement pursuant to sec- SALARIES AND EXPENSES rity and Mission Services’’, $60,000,000, to re-
tion 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘United States main available until September 30, 2021, to pre-
Emergency Deficit Control Act of 1985. Marshals Service, Salaries and Expenses’’, vent, prepare for, and respond to coronavirus,
INDUSTRIAL TECHNOLOGY SERVICES $15,000,000, to prevent, prepare for, and respond domestically or internationally: Provided, That
For an additional amount for ‘‘Industrial to coronavirus, domestically or internationally, such amount is designated by the Congress as
Technology Services’’, $60,000,000, to remain including the impact of coronavirus on the work being for an emergency requirement pursuant to
available until September 30, 2021, to prevent, of the Department of Justice: Provided, That section 251(b)(2)(A)(i) of the Balanced Budget
prepare for, and respond to coronavirus, domes- such amount is designated by the Congress as and Emergency Deficit Control Act of 1985.
tically or internationally: Provided, That of the being for an emergency requirement pursuant to NATIONAL SCIENCE FOUNDATION
amount provided under this heading in this Act, section 251(b)(2)(A)(i) of the Balanced Budget RESEARCH AND RELATED ACTIVITIES
$50,000,000 shall be for the Hollings Manufac- and Emergency Deficit Control Act of 1985.
turing Extension Partnership to assist manufac- For an additional amount for ‘‘Research and
FEDERAL BUREAU OF INVESTIGATION Related Activities’’, $75,000,000, to remain avail-
turers to prevent, prepare for, and respond to SALARIES AND EXPENSES
coronavirus and $10,000,000 shall be for the Na- able until September 30, 2021, to prevent, pre-
For an additional amount for ‘‘Federal Bu- pare for, and respond to coronavirus, domesti-
tional Network for Manufacturing Innovation
reau of Investigation, Salaries and Expenses’’, cally or internationally, including to fund re-
(also known as ‘‘Manufacturing USA’’) to pre-
$20,000,000, to prevent, prepare for, and respond search grants and other necessary expenses:
vent, prepare for, and respond to coronavirus,
to coronavirus, domestically or internationally, Provided, That such amount is designated by
including to support development and manufac-
including the impact of coronavirus on the work the Congress as being for an emergency require-
turing of medical countermeasures and bio-
of the Department of Justice: Provided, That ment pursuant to section 251(b)(2)(A)(i) of the
medical equipment and supplies: Provided fur-
such amount is designated by the Congress as Balanced Budget and Emergency Deficit Con-
ther, That none of the funds provided under
being for an emergency requirement pursuant to trol Act of 1985.
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this heading in this Act shall be subject to cost
section 251(b)(2)(A)(i) of the Balanced Budget AGENCY OPERATIONS AND AWARD MANAGEMENT
share requirements under 15 U.S.C. 278k(e)(2) or
and Emergency Deficit Control Act of 1985.
15 U.S.C. 278s(e)(7)(A): Provided further, That For an additional amount for ‘‘Agency Oper-
such amount is designated by the Congress as DRUG ENFORCEMENT ADMINISTRATION ations and Award Management’’, $1,000,000, to
being for an emergency requirement pursuant to SALARIES AND EXPENSES prevent, prepare for, and respond to
section 251(b)(2)(A)(i) of the Balanced Budget For an additional amount for ‘‘Drug Enforce- coronavirus, domestically or internationally, in-
and Emergency Deficit Control Act of 1985. ment Administration, Salaries and Expenses’’, cluding to administer research grants and other
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H1792 CONGRESSIONAL RECORD — HOUSE March 27, 2020
necessary expenses: Provided, That such (A) FINDINGS.—Congress finds the following: modifies a timing deadline under subsection (a)
amount is designated by the Congress as being (i) There is an urgent need for personal pro- and such toll, waiver, adjustment, or modifica-
for an emergency requirement pursuant to sec- tective equipment and test kits to the Bureau tion is in effect for a consecutive or cumulative
tion 251(b)(2)(A)(i) of the Balanced Budget and based on the density of the inmate population, period exceeding 120 days, the Director shall
Emergency Deficit Control Act of 1985. the high traffic, the high volume of inmates, the submit to Congress a statement describing the
RELATED AGENCIES high rate of turnover of inmates and personnel, action taken, relevant background, and ration-
LEGAL SERVICES CORPORATION and the number of high-security areas, within ale for the period of tolling, waiver, adjustment,
PAYMENT TO THE LEGAL SERVICES CORPORATION
the facilities of the Bureau. or modification.
(ii) The inability of the Bureau to secure the (d) OTHER LAWS.—Notwithstanding section
For an additional amount for ‘‘Payment to purchase of infectious disease personal protec- 301 of the National Emergencies Act (50 U.S.C.
the Legal Services Corporation’’, $50,000,000, to tive equipment and related supplies now and in 1631), the authority of the Director under sub-
prevent, prepare for, and respond to the future is a vulnerability. section (a) is not contingent on a specification
coronavirus, domestically or internationally: (iii) The Bureau is currently competing in and made by the President under such section or
Provided, That none of the funds appropriated engaging the same landscape of vendors as all any other requirement under that Act (other
under this heading in this Act to the Legal Serv-
other Federal agencies and private entities. than the emergency declaration under section
ices Corporation shall be expended for any pur-
(iv) The ability of the Bureau to purchase 201(a) of such Act (50 U.S.C. 1621(a))). The au-
pose prohibited or limited by, or contrary to any
needed equipment and supplies is currently sub- thority described in this section supersedes the
of the provisions of, sections 501, 502, 503, 504,
ject to an individual manufacturer’s specific authority of title II of the National Emergencies
505, and 506 of Public Law 105–119, and all
recognition of the Bureau as a priority and sub- Act (50 U.S.C. 1621 et seq.).
funds appropriated in this Act to the Legal
sequent allocation of the inventory of the manu- (e) EMERGENCY PERIOD.—The emergency pe-
Services Corporation shall be subject to the same
facturer to the Bureau. riod described in this subsection includes the
terms and conditions set forth in such sections,
(B) CONSIDERATION.—The Secretary shall ap- duration of the portion of the emergency de-
except that all references in sections 502 and 503
propriately consider, relative to other priorities clared by the President pursuant to the Na-
to 1997 and 1998 shall be deemed to refer instead
of the Department of Health and Human Serv- tional Emergencies Act on March 13, 2020, as a
to 2019 and 2020, respectively, and except that
ices for high-risk and high-need populations, result of the COVID–19 outbreak (and any re-
sections 501 and 503 of Public Law 104–134 (ref-
the distribution of infectious disease personal newal thereof) beginning on or after the date of
erenced by Public Law 105–119) shall not apply
protective equipment and COVID–19 test kits to the enactment of this section and the 60 day pe-
to the amount made available under this head-
the Bureau for use by inmates and personnel of riod following such duration.
ing: Provided further, That for the purposes of
the Bureau. (f) RULE OF CONSTRUCTION.—Nothing in this
this Act, the Legal Services Corporation shall be
(2) HOME CONFINEMENT AUTHORITY.—During section may be construed as limiting other statu-
considered an agency of the United States Gov-
the covered emergency period, if the Attorney tory authorities the Director may have to grant
ernment: Provided further, That such amount is
General finds that emergency conditions will relief regarding filings or deadlines.
designated by the Congress as being for an
materially affect the functioning of the Bureau, (g) SUNSET.—Notwithstanding subsection (a),
emergency requirement pursuant to section
the Director of the Bureau may lengthen the the authorities provided under this section shall
251(b)(2)(A)(i) of the Balanced Budget and
maximum amount of time for which the Director expire upon the expiration of the 2-year period
Emergency Deficit Control Act of 1985.
is authorized to place a prisoner in home con- after the date of the enactment of this section.
GENERAL PROVISIONS—THIS TITLE finement under the first sentence of section (h) DEFINITIONS.—In this section:
SEC. 12001. Amounts provided by the Consoli- 3624(c)(2) of title 18, United States Code, as the (1) DIRECTOR.—The term ‘‘Director’’ means
dated Appropriations Act, 2020, (Public Law Director determines appropriate. the Under Secretary of Commerce for Intellec-
116–93) for the Hollings Manufacturing Exten- (c) VIDEO VISITATION.— tual Property and Director of the United States
sion Partnership under the heading ‘‘National (1) IN GENERAL.—During the covered emer- Patent and Trademark Office.
Institute of Standards and Technology—Indus- gency period, if the Attorney General finds that (2) TRADEMARK ACT.—The term ‘‘Trademark
trial Technology Services’’ shall not be subject emergency conditions will materially affect the Act’’ means the Act entitled ‘‘An Act to provide
to cost share requirements under 15 U.S.C. functioning of the Bureau, the Director of the for the registration and protection of trade-
278k(e)(2): Provided, That the authority made Bureau shall promulgate rules regarding the marks used in commerce, to carry out the provi-
available pursuant to this section shall be elec- ability of inmates to conduct visitation through sions of certain international conventions, and
tive for any Manufacturing Extension Partner- video teleconferencing and telephonically, free for other purposes’’, approved July 5, 1946 (15
ship Center that also receives funding from a of charge to inmates, during the covered emer- U.S.C. 1051 et seq.).
State that is conditioned upon the application gency period. (i) EMERGENCY REQUIREMENT.—The amount
of a Federal cost sharing requirement. (2) EXEMPTION FROM NOTICE-AND-COMMENT provided by this section is designated by the
SEC. 12002. (a) Funds appropriated in this title RULEMAKING REQUIREMENTS.—Section 553 of title Congress as being for an emergency requirement
for the National Science Foundation may be 5, United States Code, shall not apply to the pursuant to section 251(b)(2)(A)(i) of the Bal-
made available to restore amounts, either di- promulgation of rules under paragraph (1) of anced Budget and Emergency Deficit Control
rectly or through reimbursement, for obligations this subsection. Act of 1985.
incurred by the National Science Foundation (d) EMERGENCY REQUIREMENT.—The amount ASSISTANCE TO FISHERY PARTICIPANTS
for research grants and other necessary ex- provided by this section is designated by the
penses to prevent, prepare for, and respond to SEC. 12005. (a) IN GENERAL.—The Secretary of
Congress as being for an emergency requirement Commerce is authorized to provide assistance to
coronavirus, domestically or internationally, pursuant to section 251(b)(2)(A)(i) of the Bal-
prior to the date of enactment of this Act. Tribal, subsistence, commercial, and charter
anced Budget and Emergency Deficit Control fishery participants affected by the novel
(b) Grants or cooperative agreements made by Act of 1985.
the National Science Foundation under this coronavirus (COVID–19), which may include di-
TEMPORARY AUTHORITY OF DIRECTOR OF THE rect relief payments.
title, to carry out research grants and other nec-
USPTO DURING THE COVID–19 EMERGENCY. (b) FISHERY PARTICIPANTS.—For the purposes
essary expenses to prevent, prepare for, and re-
spond to coronavirus, domestically or inter- SEC. 12004. (a) IN GENERAL.—During the emer- of this section, ‘‘fishery participants’’ include
nationally, shall include amounts to reimburse gency period described in subsection (e), the Di- Tribes, persons, fishing communities, aqua-
costs for these purposes incurred between Janu- rector may toll, waive, adjust, or modify, any culture businesses not otherwise eligible for as-
ary 20, 2020, and the date of issuance of such timing deadline established by title 35, United sistance under part 1416 of title 7 of the Code of
grants or agreements. States Code, the Trademark Act, section 18 of Federal Regulations for losses related to
BUREAU OF PRISONS the Leahy-Smith America Invents Act (35 U.S.C. COVID–19, processors, or other fishery-related
321 note), or regulations promulgated there- businesses, who have incurred, as a direct or in-
SEC. 12003. (a) DEFINITIONS.—In this section—
(1) the term ‘‘Bureau’’ means the Bureau of under, in effect during such period, if the Direc- direct result of the coronavirus pandemic—
Prisons; tor determines that the emergency related to (1) economic revenue losses greater than 35
(2) the term ‘‘covered emergency period’’ such period— percent as compared to the prior 5-year average
means the period beginning on the date on (1) materially affects the functioning of the revenue; or
which the President declared a national emer- Patent and Trademark Office; (2) any negative impacts to subsistence, cul-
gency under the National Emergencies Act (50 (2) prejudices the rights of applicants, reg- tural, or ceremonial fisheries.
U.S.C. 1601 et seq.) with respect to the istrants, patent owners, or others appearing be- (c) ROLLING BASIS.—Funds may be awarded
Coronavirus Disease 2019 (COVID–19) and end- fore the Office; or under this section on a rolling basis, and within
ing on the date that is 30 days after the date on (3) prevents applicants, registrants, patent a fishing season, to ensure rapid delivery of
which the national emergency declaration ter- owners, or others appearing before the Office funds during the COVID–19 pandemic.
minates; and from filing a document or fee with the Office. (d) APPROPRIATIONS.—In addition to funds
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(3) the term ‘‘Secretary’’ means the Secretary (b) PUBLIC NOTICE.—If the Director deter- that are otherwise made available to assist fish-
of Health and Human Services. mines that tolling, waiving, adjusting, or modi- ery participants under this Act, there are au-
(b) SUPPLY OF PERSONAL PROTECTIVE EQUIP- fying a timing deadline under subsection (a) is thorized to be appropriated, and there are ap-
MENT AND TEST KITS TO BUREAU OF PRISONS; appropriate, the Director shall publish publicly propriated, $300,000,000, to remain available
HOME CONFINEMENT AUTHORITY.— a notice to such effect. until September 30, 2021, to carry out this sec-
(1) PERSONAL PROTECTIVE EQUIPMENT AND (c) STATEMENT REQUIRED.—Not later than 20 tion, of which up to 2 percent may be used for
TEST KITS.— days after the Director tolls, waives, adjusts, or administration and oversight activities.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1793
(e) EMERGENCY REQUIREMENT.—The amount ignated by the Congress as being for an emer- funding made available under this heading in
provided by this section is designated by the gency requirement pursuant to section this Act shall be used for conducting audits and
Congress as being for an emergency requirement 251(b)(2)(A)(i) of the Balanced Budget and investigations of projects and activities carried
pursuant to section 251(b)(2)(A)(i) of the Bal- Emergency Deficit Control Act of 1985. out with funds made available in this Act to the
anced Budget and Emergency Deficit Control OPERATION AND MAINTENANCE, AIR NATIONAL Department of Defense to prevent, prepare for,
Act of 1985. GUARD and respond to coronavirus, domestically or
TITLE III For an additional amount for ‘‘Operation and internationally: Provided further, That such
DEPARTMENT OF DEFENSE Maintenance, Air National Guard’’, $75,754,000, amount is designated by the Congress as being
to prevent, prepare for, and respond to for an emergency requirement pursuant to sec-
MILITARY PERSONNEL tion 251(b)(2)(A)(i) of the Balanced Budget and
NATIONAL GUARD PERSONNEL, ARMY coronavirus, domestically or internationally:
Provided, That such amount is designated by Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘National the Congress as being for an emergency require- GENERAL PROVISIONS—THIS TITLE
Guard Personnel, Army’’, $746,591,000, to pre- ment pursuant to section 251(b)(2)(A)(i) of the SEC. 13001. Funds appropriated by this title
vent, prepare for, and respond to coronavirus, Balanced Budget and Emergency Deficit Con- may be transferred to, and merged with, other
domestically or internationally: Provided, That trol Act of 1985. applicable appropriations of the Department of
such amount is designated by the Congress as Defense, except for ‘‘Drug Interdiction and
being for an emergency requirement pursuant to OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Counter-Drug Activities, Defense’’, for expenses
section 251(b)(2)(A)(i) of the Balanced Budget incurred in preventing, preparing for, or re-
and Emergency Deficit Control Act of 1985. Maintenance, Defense-Wide’’, $827,800,000, to
prevent, prepare for, and respond to sponding to coronavirus, including expenses of
NATIONAL GUARD PERSONNEL, AIR FORCE the Department of Defense incurred in support
coronavirus, domestically or internationally:
For an additional amount for ‘‘National Provided, That such amount is designated by of other Federal Departments and agencies, and
Guard Personnel, Air Force’’, $482,125,000, to the Congress as being for an emergency require- State, local, and Indian tribal governments, to
prevent, prepare for, and respond to ment pursuant to section 251(b)(2)(A)(i) of the be merged with and to be available for the same
coronavirus, domestically or internationally: Balanced Budget and Emergency Deficit Con- purposes, and for the same time period, as the
Provided, That such amount is designated by trol Act of 1985. appropriation or fund to which transferred:
the Congress as being for an emergency require- Provided, That upon a determination that all or
ment pursuant to section 251(b)(2)(A)(i) of the PROCUREMENT part of the funds transferred pursuant to this
Balanced Budget and Emergency Deficit Con- DEFENSE PRODUCTION ACT PURCHASES section that are not necessary for the purposes
trol Act of 1985. For an additional amount for ‘‘Defense Pro- provided herein, such funds shall be transferred
OPERATION AND MAINTENANCE duction Act Purchases’’, $1,000,000,000, to re- back to the original appropriation: Provided
main available until expended, to prevent, pre- further, That the transfer authority provided by
OPERATION AND MAINTENANCE, ARMY
pare for, and respond to coronavirus, domesti- this section is in addition to any other transfer
For an additional amount for ‘‘Operation and cally or internationally: Provided, That for the authority provided by law.
Maintenance, Army’’, $160,300,000, to prevent, two-year period beginning with the date of en- SEC. 13002. For an additional amount for ‘‘De-
prepare for, and respond to coronavirus, domes- actment of this Act, the requirements described fense Health Program’’, $1,095,500,000, which
tically or internationally: Provided, That such in Section 301(a)(3)(A) and 302(c)(1) of Public shall be for operation and maintenance, and of
amount is designated by the Congress as being Law 81–774, shall be waived: Provided further, which $1,095,500,000 may be available for con-
for an emergency requirement pursuant to sec- That such amount is designated by the Congress tracts entered into under the TRICARE pro-
tion 251(b)(2)(A)(i) of the Balanced Budget and as being for an emergency requirement pursuant gram: Provided, That, notwithstanding that one
Emergency Deficit Control Act of 1985. to section 251(b)(2)(A)(i) of the Balanced Budget percent of funding for operation and mainte-
OPERATION AND MAINTENANCE, NAVY and Emergency Deficit Control Act of 1985. nance under this heading in Public Law 116–93
For an additional amount for ‘‘Operation and REVOLVING AND MANAGEMENT FUNDS shall remain available for obligation until Sep-
Maintenance, Navy’’, $360,308,000, to prevent, tember 30, 2021, funding for operation and main-
DEFENSE WORKING CAPITAL FUNDS
prepare for, and respond to coronavirus, domes- tenance made available under this heading in
tically or internationally: Provided, That such For an additional amount for ‘‘Defense Work- this section shall only be available through Sep-
amount is designated by the Congress as being ing Capital Funds’’, $1,450,000,000, to prevent, tember 30, 2020: Provided further, That such
for an emergency requirement pursuant to sec- position, prepare for, and respond to amount is designated by the Congress as being
tion 251(b)(2)(A)(i) of the Balanced Budget and coronavirus, domestically or internationally: for an emergency requirement pursuant to sec-
Emergency Deficit Control Act of 1985. Provided, That of the amount provided under tion 251(b)(2)(A)(i) of the Balanced Budget and
this heading in this Act, $475,000,000 shall be for Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, MARINE CORPS the Navy Working Capital Fund, $475,000,000 SEC. 13003. (a) Notwithstanding section
For an additional amount for ‘‘Operation and shall be for the Air Force Working Capital 2208(l)(3) of title 10, United States Code, during
Maintenance, Marine Corps’’, $90,000,000, to Fund, and $500,000,000 shall be for the Defense- fiscal year 2020, the total amount of the advance
prevent, prepare for, and respond to Wide Working Capital Fund: Provided further, billings rendered or imposed for all working-cap-
coronavirus, domestically or internationally: That such amount is designated by the Congress ital funds of the Department of Defense may ex-
Provided, That such amount is designated by as being for an emergency requirement pursuant ceed the amount otherwise specified in such sec-
the Congress as being for an emergency require- to section 251(b)(2)(A)(i) of the Balanced Budget tion.
ment pursuant to section 251(b)(2)(A)(i) of the and Emergency Deficit Control Act of 1985. (b) In this section, the term ‘‘advance billing’’
Balanced Budget and Emergency Deficit Con- OTHER DEPARTMENT OF DEFENSE has the meaning given that term in section
trol Act of 1985. PROGRAMS 2208(l)(4) of title 10, United States Code.
OPERATION AND MAINTENANCE, AIR FORCE DEFENSE HEALTH PROGRAM SEC. 13004. (a) Section 2326(b)(3) of title 10,
For an additional amount for ‘‘Operation and United States Code, shall not apply to any
For an additional amount for ‘‘Defense
Maintenance, Air Force’’, $155,000,000, to pre- undefinitized contract action of the Department
Health Program’’, $3,805,600,000, of which
vent, prepare for, and respond to coronavirus, of Defense related to the national emergency for
$3,390,600,000 shall be for operation and mainte-
domestically or internationally: Provided, That the Coronavirus Disease 2019 (COVID–19).
nance, and $415,000,000 shall be for research, de-
such amount is designated by the Congress as (b) In this section, the term ‘‘undefinitized
velopment, test and evaluation, to remain avail-
being for an emergency requirement pursuant to contract action’’ has the meaning given that
able until September 30, 2021, to prevent, pre-
section 251(b)(2)(A)(i) of the Balanced Budget term in section 2326(j)(6) of title 10, United
pare for, and respond to coronavirus, domesti-
and Emergency Deficit Control Act of 1985. States Code.
cally or internationally: Provided, That, not-
OPERATION AND MAINTENANCE, ARMY RESERVE SEC. 13005. (a) The head of an agency may
withstanding that one percent of funding for
waive the provisions of section 2326(b) of title 10,
For an additional amount for ‘‘Operation and operation and maintenance under this heading
United States Code, with respect to a contract of
Maintenance, Army Reserve’’, $48,000,000, to in Public Law 116–93 shall remain available for
such agency if the head of the agency deter-
prevent, prepare for, and respond to obligation until September 30, 2021, funding for
mines that the waiver is necessary due to the
coronavirus, domestically or internationally: operation and maintenance made available
national emergency for the Coronavirus Disease
Provided, That such amount is designated by under this heading in this Act shall only be
2019 (COVID–19).
the Congress as being for an emergency require- available through September 30, 2020: Provided
(b) In this section, the term ‘‘head of an agen-
ment pursuant to section 251(b)(2)(A)(i) of the further, That such amount is designated by the
cy’’ has the meaning given that term in section
Balanced Budget and Emergency Deficit Con- Congress as being for an emergency requirement
2302(2) of title 10, United States Code.
trol Act of 1985. pursuant to section 251(b)(2)(A)(i) of the Bal-
SEC. 13006. (a) Notwithstanding paragraph (3)
anced Budget and Emergency Deficit Control
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OPERATION AND MAINTENANCE, ARMY NATIONAL of section 2371b(a) of title 10, United States
GUARD Act of 1985.
Code, the authority of a senior procurement ex-
For an additional amount for ‘‘Operation and OFFICE OF THE INSPECTOR GENERAL ecutive or director of the Defense Advanced Re-
Maintenance, Army National Guard’’, For an additional amount for ‘‘Office of the search Projects Agency or Missile Defense Agen-
$186,696,000, to prevent, prepare for, and re- Inspector General’’, $20,000,000, to prevent, pre- cy under paragraph (2)(A) of such section, and
spond to coronavirus, domestically or inter- pare for, and respond to coronavirus, domesti- the authority of the Under Secretaries of De-
nationally: Provided, That such amount is des- cally or internationally: Provided, That the fense under paragraph (2)(B) of such section,
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H1794 CONGRESSIONAL RECORD — HOUSE March 27, 2020
for any transaction related to the national the Secretary pursuant to paragraph (1), and ferred to, and merged with, other appropriation
emergency for the Coronavirus Disease 2019 may not delegate the exercise of the authority in accounts of the Department of Energy to pre-
(COVID–19) may be delegated to such officials subsection (g). vent, prepare for, and respond to coronavirus,
in the Department of Defense as the Secretary TITLE IV including for necessary expenses related to sup-
of Defense shall specify for purposes of this sec- porting remote access for personnel: Provided
tion. CORPS OF ENGINEERS—CIVIL
further, That such amount is designated by the
(b)(1) Notwithstanding clause (ii) of section DEPARTMENT OF THE ARMY Congress as being for an emergency requirement
2371b(a)(2)(B) of title 10, United States Code, no OPERATION AND MAINTENANCE pursuant to section 251(b)(2)(A)(i) of the Bal-
advance notice to Congress is required under For an additional amount for ‘‘Operation and anced Budget and Emergency Deficit Control
that clause for transitions described in that sec- Act of 1985.
Maintenance’’, $50,000,000, to remain available
tion that are related to the national emergency
until September 30, 2021, to prevent, prepare for, INDEPENDENT AGENCIES
for the Coronavirus Disease 2019 (COVID–19).
(2) In the event a transaction covered by and respond to coronavirus, domestically or NUCLEAR REGULATORY COMMISSION
paragraph (1) is carried out, the Under Sec- internationally: Provided, That such amount is SALARIES AND EXPENSES
retary of Defense for Research and Engineering designated by the Congress as being for an
emergency requirement pursuant to section For an additional amount for ‘‘Salaries and
or the Under Secretary of Defense for Acquisi- Expenses’’, $3,300,000, to remain available until
tion and Sustainment, as applicable, shall sub- 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985. September 30, 2021, to prevent, prepare for, and
mit to the congressional defense committees a respond to coronavirus, domestically or inter-
notice on the carrying out of such transaction EXPENSES
nationally: Provided, That, notwithstanding 42
as soon as is practicable after the commence- For an additional amount for ‘‘Expenses’’, U.S.C. 2214, such amount shall not be derived
ment of the carrying out of such transaction. $20,000,000, to remain available until September from fee revenue: Provided further, That such
(3) In this subsection, the term ‘‘congressional 30, 2021, to prevent, prepare for, and respond to amount is designated by the Congress as being
defense committees’’ has the meaning given such coronavirus, domestically or internationally: for an emergency requirement pursuant to sec-
term in section 101(a)(16) of title 10, United Provided, That such amount is designated by tion 251(b)(2)(A)(i) of the Balanced Budget and
States Code. the Congress as being for an emergency require- Emergency Deficit Control Act of 1985.
SEC. 13007. (a) The President may extend the ment pursuant to section 251(b)(2)(A)(i) of the
appointment of the Chief of Army Reserve as GENERAL PROVISIONS—THIS TITLE
Balanced Budget and Emergency Deficit Con-
prescribed in section 7038(c) of title 10, United SEC. 14001. Funds appropriated in this title
trol Act of 1985.
States Code, for the incumbent in that position may be made available to restore amounts, ei-
as of the date of the enactment of this Act until DEPARTMENT OF THE INTERIOR ther directly or through reimbursement, for obli-
the date of the appointment of the successor to BUREAU OF RECLAMATION gations incurred to prevent, prepare for, and re-
such incumbent, notwithstanding any limitation WATER AND RELATED RESOURCES spond to coronavirus prior to the date of enact-
otherwise imposed on such term by such section ment of this Act.
(INCLUDING TRANSFER OF FUNDS)
7038(c). SEC. 14002. (a) Section 404 of the Bipartisan
(b) The President may extend the appointment For an additional amount for ‘‘Water and Re- Budget Act of 2015 (42 U.S.C. 6239 note) is
of the Chief of Navy Reserve as prescribed in lated Resources’’, $12,500,000, to remain avail- amended—
section 8083(c) of title 10, United States Code, able until September 30, 2021, to prevent, pre- (1) in subsection (e), by striking ‘‘2020’’ and
for the incumbent in that position as of the date pare for, and respond to coronavirus, domesti- inserting ‘‘2022’’; and
of the enactment of this Act until the date of the cally or internationally: Provided, That $500,000 (2) in subsection (g), by striking ‘‘2020’’ and
appointment of the successor to such incumbent, of the funds provided under this heading in this inserting ‘‘2022’’.
notwithstanding any limitation otherwise im- Act shall be transferred to the ‘‘Central Utah (b) Title III of division C of the Further Con-
posed on such term by such section 8083(c). Project Completion Account’’ to prevent, pre- solidated Appropriations Act, 2020 (Public Law
(c) The President may extend the appointment pare for, and respond to coronavirus: Provided 116–94) is amended in the matter under the
of the Chief of Staff of the Air Force prescribed further, That such amount is designated by the heading ‘‘Department of Energy—Energy Pro-
in section 9033(a)(1) of title 10, United States Congress as being for an emergency requirement grams—Strategic Petroleum Reserve’’ by striking
Code, for the incumbent in that position as of pursuant to section 251(b)(2)(A)(i) of the Bal- the three provisos before the final period and in-
the date of the enactment of this Act until the anced Budget and Emergency Deficit Control serting the following:
date of the appointment of the successor to such Act of 1985. ‘‘ Provided, That, as authorized by section 404
incumbent, notwithstanding any limitation oth- POLICY AND ADMINISTRATION of the Bipartisan Budget Act of 2015 (Public
erwise imposed on such term by such section Law 114–74; 42 U.S.C. 6239 note), the Secretary
9033(a)(1). For an additional amount for ‘‘Policy and Ad-
ministration’’, $8,100,000, to remain available of Energy shall draw down and sell not to ex-
(d) The President may extend the appointment
until September 30, 2021, to prevent, prepare for, ceed a total of $450,000,000 of crude oil from the
of the Chief of Space Operations, as prescribed
and respond to coronavirus, domestically or Strategic Petroleum Reserve in fiscal year 2020,
in section 9082(a)(2) of title 10, United States
internationally: Provided, That such amount is fiscal year 2021, or fiscal year 2022: Provided
Code, for the incumbent in that position as of
designated by the Congress as being for an further, That the proceeds from such drawdown
the date of the enactment of this Act until the
emergency requirement pursuant to section and sale shall be deposited into the ‘Energy Se-
date of the appointment of the successor to such
251(b)(2)(A)(i) of the Balanced Budget and curity and Infrastructure Modernization Fund’
incumbent, notwithstanding any limitation oth-
Emergency Deficit Control Act of 1985. during the fiscal year in which the sale occurs
erwise imposed on such term by such section
and shall be made available in such fiscal year,
9082(a)(2). DEPARTMENT OF ENERGY
(e) The President may extend the appointment to remain available until expended, for nec-
ENERGY PROGRAMS essary expenses to carry out the Life Extension
of the Chief of the National Guard Bureau as
prescribed in section 10502(b) of title 10, United SCIENCE II project for the Strategic Petroleum Reserve’’.
States Code, for the incumbent in that position For an additional amount for ‘‘Science’’, (c) The amount provided by this section is des-
as of the date of the enactment of this Act until $99,500,000, to remain available until September ignated by the Congress as being for an emer-
the date of the appointment of the successor to 30, 2021, to prevent, prepare for, and respond to gency requirement pursuant to section
such incumbent, notwithstanding any limitation coronavirus, domestically or internationally, for 251(b)(2)(A)(i) of the Balanced Budget and
otherwise imposed on such term by such section necessary expenses related to providing support Emergency Deficit Control Act of 1985.
10502(b). and access to scientific user facilities in the Of- SEC. 14003. Any discretionary appropriation
(f) The President may extend the appointment fice of Science and National Nuclear Security for the Corps of Engineers derived from the Har-
of Director, Army National Guard and Director, Administration, including equipment, enabling bor Maintenance Trust Fund (not to exceed the
Air National Guard as prescribed in section technologies, and personnel associated with the total amount deposited in the Harbor Mainte-
10506(a)(3)(D) of title 10, United States Code, for operations of those scientific user facilities: Pro- nance Trust Fund in the prior fiscal year) shall
the incumbent in such position as of the date of vided, That such amount is designated by the be subtracted from the estimate of discretionary
the enactment of this Act until the date of the Congress as being for an emergency requirement budget authority and outlays for any estimate
appointment of the successor to such incumbent, pursuant to section 251(b)(2)(A)(i) of the Bal- of an appropriations Act under the Congres-
notwithstanding any limitation otherwise im- anced Budget and Emergency Deficit Control sional Budget and Impoundment Control Act of
posed on such term by such section Act of 1985. 1974 or the Balanced Budget and Emergency
10506(a)(3)(D). Deficit Control Act of 1985: Provided, That the
DEPARTMENTAL ADMINISTRATION
(g) Notwithstanding paragraph (4) of section modifications described in this section shall not
(INCLUDING TRANSFER OF FUNDS) take effect until the earlier of January 1, 2021 or
10505(a) of title 10, United States Code, the Sec-
retary of Defense may waive the limitations in For an additional amount for ‘‘Departmental the date of enactment of legislation authorizing
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paragraphs (2) and (3) of that section for a pe- Administration’’, $28,000,000, to remain avail- the development of water resources and shall re-
riod of not more than 270 days. able until September 30, 2021, to prevent, pre- main in effect thereafter.
(h)(1) The President may delegate the exercise pare for, and respond to coronavirus, domesti- SEC. 14004. Section 14321(a)(2)(B)(ii) of title 40,
of the authorities in subsections (a) through (f) cally or internationally, including for necessary United States Code, is amended by inserting ‘‘,
to the Secretary of Defense. expenses related to supporting remote access for except that a discretionary grant to respond to
(2) The Secretary of Defense may not redele- personnel: Provided, That funds appropriated economic distress directly related to the impacts
gate the exercise of any authority delegated to under this heading in this Act may be trans- of the Coronavirus Disease 2019 (COVID–19)
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1795
shall not be included in such aggregate (b) VIDEO TELECONFERENCING FOR CRIMINAL (3) REVIEW.—
amount’’ before the period at the end. PROCEEDINGS.— (A) IN GENERAL.—On the date that is 90 days
TITLE V (1) IN GENERAL.—Subject to paragraphs (3), after the date on which an authorization for the
(4), and (5), if the Judicial Conference of the use of video teleconferencing or telephone con-
DEPARTMENT OF THE TREASURY
United States finds that emergency conditions ferencing under paragraph (1) or (2) is issued, if
INTERNAL REVENUE SERVICE due to the national emergency declared by the the emergency authority has not been termi-
ADMINISTRATIVE PROVISION—INTERNAL REVENUE President under the National Emergencies Act nated under paragraph (5), the chief judge of
SERVICE (50 U.S.C. 1601 et seq.) with respect to the the district court (or, if the chief judge is un-
(INCLUDING TRANSFER OF FUNDS) Coronavirus Disease 2019 (COVID–19) will mate- available, the most senior available active judge
rially affect the functioning of either the Fed- of the court or the chief judge or circuit justice
SEC. 15001. In addition to the amounts other-
eral courts generally or a particular district of the circuit that includes the district court) to
wise available to the Internal Revenue Service
court of the United States, the chief judge of a which the authorization applies shall review the
in fiscal year 2020, $250,000,000, to remain avail-
district court covered by the finding (or, if the authorization and determine whether to extend
able until September 30, 2021, shall be available
chief judge is unavailable, the most senior avail- the authorization.
to prevent, prepare for, and respond to
able active judge of the court or the chief judge (B) ADDITIONAL REVIEW.—If an authorization
coronavirus, domestically or internationally, in-
or circuit justice of the circuit that includes the is extended under subparagraph (A), the chief
cluding costs associated with the extended filing
district court), upon application of the Attorney judge of the district court (or, if the chief judge
season and implementation of the Families First
General or the designee of the Attorney General, is unavailable, the most senior available active
Coronavirus Response Act: Provided, That such
or on motion of the judge or justice, may au- judge of the court or the chief judge or circuit
funds may be transferred by the Commissioner
thorize the use of video teleconferencing, or tele- justice of the circuit that includes the district
to the ‘‘Taxpayer Services,’’ ‘‘Enforcement,’’ or
phone conferencing if video teleconferencing is court) to which the authorization applies shall
‘‘Operations Support’’ accounts of the Internal
not reasonably available, for the following review the extension of authority not less fre-
Revenue Service for an additional amount to be
events: quently than once every 90 days until the earlier
used solely to prevent, prepare for, and respond
(A) Detention hearings under section 3142 of of—
to coronavirus, domestically or internationally:
title 18, United States Code. (i) the date on which the chief judge (or other
Provided further, That the Committees on Ap- (B) Initial appearances under Rule 5 of the
propriations of the House of Representatives judge or justice) determines the authorization is
Federal Rules of Criminal Procedure.
and the Senate shall be notified in advance of no longer warranted; or
(C) Preliminary hearings under Rule 5.1 of the
any such transfer: Provided further, That such Federal Rules of Criminal Procedure. (ii) the date on which the emergency author-
transfer authority is in addition to any other (D) Waivers of indictment under Rule 7(b) of ity is terminated under paragraph (5).
transfer authority provided by law: Provided the Federal Rules of Criminal Procedure. (4) CONSENT.—Video teleconferencing or tele-
further, That not later than 30 days after the (E) Arraignments under Rule 10 of the Federal phone conferencing authorized under para-
date of enactment of this Act, the Commissioner Rules of Criminal Procedure. graph (1) or (2) may only take place with the
shall submit to the Committees on Appropria- (F) Probation and supervised release revoca- consent of the defendant, or the juvenile, after
tions of the House of Representatives and the tion proceedings under Rule 32.1 of the Federal consultation with counsel.
Senate a spending plan for such funds: Pro- Rules of Criminal Procedure. (5) TERMINATION OF EMERGENCY AUTHORITY.—
vided further, That such amount is designated (G) Pretrial release revocation proceedings The authority provided under paragraphs (1),
by the Congress as being for an emergency re- under section 3148 of title 18, United States (2), and (3), and any specific authorizations
quirement pursuant to section 251(b)(2)(A)(i) of Code. issued under those paragraphs, shall terminate
the Balanced Budget and Emergency Deficit (H) Appearances under Rule 40 of the Federal on the earlier of—
Control Act of 1985. Rules of Criminal Procedure. (A) the last day of the covered emergency pe-
THE JUDICIARY (I) Misdemeanor pleas and sentencings as de- riod; or
scribed in Rule 43(b)(2) of the Federal Rules of (B) the date on which the Judicial Conference
SUPREME COURT OF THE UNITED STATES
Criminal Procedure. of the United States finds that emergency condi-
SALARIES AND EXPENSES (J) Proceedings under chapter 403 of title 18, tions due to the national emergency declared by
For an additional amount for ‘‘Salaries and United States Code (commonly known as the the President under the National Emergencies
Expenses’’, $500,000, to prevent, prepare for, and ‘‘Federal Juvenile Delinquency Act’’), except for Act (50 U.S.C. 1601 et seq.) with respect to the
respond to coronavirus, domestically or inter- contested transfer hearings and juvenile delin- Coronavirus Disease 2019 (COVID–19) no longer
nationally: Provided, That such amount is des- quency adjudication or trial proceedings. materially affect the functioning of either the
ignated by the Congress as being for an emer- (2) FELONY PLEAS AND SENTENCING.— Federal courts generally or the district court in
gency requirement pursuant to section (A) IN GENERAL.—Subject to paragraphs (3), question.
251(b)(2)(A)(i) of the Balanced Budget and (4), and (5), if the Judicial Conference of the
(6) NATIONAL EMERGENCIES GENERALLY.—The
Emergency Deficit Control Act of 1985. United States finds that emergency conditions
Judicial Conference of the United States and the
COURTS OF APPEALS, DISTRICT COURTS, AND due to the national emergency declared by the
Supreme Court of the United States shall con-
OTHER JUDICIAL SERVICES President under the National Emergencies Act
sider rule amendments under chapter 131 of title
(50 U.S.C. 1601 et seq.) with respect to the
SALARIES AND EXPENSES 28, United States Code (commonly known as the
Coronavirus Disease 2019 (COVID–19) will mate-
For an additional amount for ‘‘Salaries and ‘‘Rules Enabling Act’’), that address emergency
rially affect the functioning of either the Fed-
Expenses’’, $6,000,000, to prevent, prepare for, measures that may be taken by the Federal
eral courts generally or a particular district
and respond to coronavirus, domestically or courts when the President declares a national
court of the United States, the chief judge of a
internationally: Provided, That such amount is emergency under the National Emergencies Act
district court covered by the finding (or, if the
designated by the Congress as being for an (50 U.S.C. 1601 et seq.).
chief judge is unavailable, the most senior avail-
emergency requirement pursuant to section able active judge of the court or the chief judge (7) RULE OF CONSTRUCTION.—Nothing in this
251(b)(2)(A)(i) of the Balanced Budget and or circuit justice of the circuit that includes the subsection shall obviate a defendant’s right to
Emergency Deficit Control Act of 1985. district court) specifically finds, upon applica- counsel under the Sixth Amendment to the Con-
tion of the Attorney General or the designee of stitution of the United States, any Federal stat-
DEFENDER SERVICES
the Attorney General, or on motion of the judge ute, or the Federal Rules of Criminal Procedure.
For an additional amount for ‘‘Defender Serv- (c) The amount provided by this section is des-
ices’’, $1,000,000, to remain available until ex- or justice, that felony pleas under Rule 11 of the
Federal Rules of Criminal Procedure and felony ignated by the Congress as being for an emer-
pended, to prevent, prepare for, and respond to gency requirement pursuant to section
coronavirus, domestically or internationally: sentencings under Rule 32 of the Federal Rules
of Criminal Procedure cannot be conducted in 251(b)(2)(A)(i) of the Balanced Budget and
Provided, That such amount is designated by Emergency Deficit Control Act of 1985.
the Congress as being for an emergency require- person without seriously jeopardizing public
ment pursuant to section 251(b)(2)(A)(i) of the health and safety, and the district judge in a DISTRICT OF COLUMBIA
Balanced Budget and Emergency Deficit Con- particular case finds for specific reasons that FEDERAL FUNDS
trol Act of 1985. the plea or sentencing in that case cannot be
FEDERAL PAYMENT FOR EMERGENCY PLANNING
further delayed without serious harm to the in-
ADMINISTRATIVE PROVISION—THE JUDICIARY AND SECURITY COSTS IN THE DISTRICT OF CO-
terests of justice, the plea or sentencing in that
VIDEO TELECONFERENCING FOR CRIMINAL LUMBIA
case may be conducted by video teleconference,
PROCEEDINGS or by telephone conference if video teleconfer- For an additional amount for ‘‘Federal Pay-
SEC. 15002. (a) DEFINITION.—In this section, encing is not reasonably available. ment for Emergency Planning and Security
the term ‘‘covered emergency period’’ means the (B) APPLICABILITY TO JUVENILES.—The video Costs in the District of Columbia’’, $5,000,000, to
dlhill on DSKBBY8HB2PROD with HOUSE
period beginning on the date on which the teleconferencing and telephone conferencing au- remain available until expended, to prevent,
President declared a national emergency under thority described in subparagraph (A) shall prepare for, and respond to coronavirus, domes-
the National Emergencies Act (50 U.S.C. 1601 et apply with respect to equivalent plea and sen- tically or internationally: Provided, That such
seq.) with respect to the Coronavirus Disease tencing, or disposition, proceedings under chap- amount is designated by the Congress as being
2019 (COVID–19) and ending on the date that is ter 403 of title 18, United States Code (commonly for an emergency requirement pursuant to sec-
30 days after the date on which the national known as the ‘‘Federal Juvenile Delinquency tion 251(b)(2)(A)(i) of the Balanced Budget and
emergency declaration terminates. Act’’). Emergency Deficit Control Act of 1985.
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H1796 CONGRESSIONAL RECORD — HOUSE March 27, 2020
INDEPENDENT AGENCIES vided further, That funds made available to the Provided, That such amount is designated by
ELECTION ASSISTANCE COMMISSION Administrator in this or any previous Act shall the Congress as being for an emergency require-
ELECTION SECURITY GRANTS
not be subject to section 3307 of title 40, United ment pursuant to section 251(b)(2)(A)(i) of the
States Code, for the acquisition of space nec- Balanced Budget and Emergency Deficit Con-
For an additional amount for ‘‘Election Secu- essary to prevent, prepare for, or respond to trol Act of 1985.
rity Grants’’, $400,000,000, to prevent, prepare coronavirus, domestically or internationally:
for, and respond to coronavirus, domestically or PANDEMIC RESPONSE ACCOUNTABILITY
Provided further, That no action taken by the COMMITTEE
internationally, for the 2020 Federal election Administrator to acquire real property and in-
cycle: Provided, That a State receiving a pay- For an additional amount for ‘‘Pandemic Re-
terests in real property or to improve real prop- sponse Accountability Committee’’, $80,000,000,
ment with funds provided under this heading in erty in response to coronavirus shall be deemed
this Act shall provide to the Election Assistance to remain available until expended, to promote
a Federal action or undertaking and subject to transparency and support oversight of funds
Commission, within 20 days of each election in review under the National Environmental Policy
the 2020 Federal election cycle in that State, a provided in this Act to prevent, prepare for, and
Act of 1969, as amended (42 U.S.C. 4321 et seq.), respond to coronavirus, domestically or inter-
report that includes a full accounting of the or the National Historic Preservation Act of
State’s uses of the payment and an explanation nationally: Provided, That such amount is des-
1966, as amended (54 U.S.C. 300101 et seq.), re- ignated by the Congress as being for an emer-
of how such uses allowed the State to prevent, spectively: Provided further, That such amount
prepare for, and respond to coronavirus: Pro- gency requirement pursuant to section
is designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and
vided further, That, within 3 days of its receipt emergency requirement pursuant to section
of a report required in the preceding proviso, the Emergency Deficit Control Act of 1985.
251(b)(2)(A)(i) of the Balanced Budget and
Election Assistance Commission will transmit Emergency Deficit Control Act of 1985. SMALL BUSINESS ADMINISTRATION
the report to the Committee on Appropriations DISASTER LOANS PROGRAM ACCOUNT
GENERAL ACTIVITIES
and the Committee on House Administration of
(INCLUDING TRANSFERS OF FUNDS)
the House of Representatives and the Committee FEDERAL CITIZEN SERVICES FUND
on Appropriations and the Committee on Rules (INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Disaster
and Administration of the Senate: Provided fur- Loans Program Account’’, $562,000,000, to re-
For an additional amount to be deposited in main available until expended, to prevent, pre-
ther, That not later than 30 days after the date the ‘‘Federal Citizen Services Fund’’,
of enactment of this Act, the Election Assistance pare for, and respond to coronavirus, domesti-
$18,650,000, to remain available until expended, cally or internationally, for the cost of direct
Commission shall make the payments to States to prevent, prepare for, and respond to
under this heading: Provided further, That any loans authorized by section 7(b) of the Small
coronavirus, domestically or internationally: Business Act and for administrative expenses to
portion of a payment made to a State with Provided, That such amount is designated by
funds provided under this heading in this Act carry out the disaster loan program authorized
the Congress as being for an emergency require- by section 7(b) of the Small Business Act: Pro-
which is unobligated on December 31, 2020 shall ment pursuant to section 251(b)(2)(A)(i) of the
be returned to the Treasury: Provided further, vided, That the amounts provided under this
Balanced Budget and Emergency Deficit Con- heading in this Act may be transferred to, and
That such amount is designated by the Congress trol Act of 1985.
as being for an emergency requirement pursuant merged with, ‘‘Small Business Administration—
WORKING CAPITAL FUND Salaries and Expenses’’ to prevent, prepare for,
to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Working Cap- and respond to coronavirus, domestically or
ital Fund’’, $1,500,000, to remain available until internationally: Provided further, That such
FEDERAL COMMUNICATIONS COMMISSION
expended, to prevent, prepare for, and respond amount is designated by the Congress as being
SALARIES AND EXPENSES to coronavirus, domestically or internationally: for an emergency requirement pursuant to sec-
For an additional amount for ‘‘Salaries and Provided, That such amount is designated by tion 251(b)(2)(A)(i) of the Balanced Budget and
Expenses’’, $200,000,000, to remain available the Congress as being for an emergency require- Emergency Deficit Control Act of 1985.
until expended, to prevent, prepare for, and re- ment pursuant to section 251(b)(2)(A)(i) of the GENERAL PROVISIONS—THIS TITLE
spond to coronavirus, domestically or inter- Balanced Budget and Emergency Deficit Con- PANDEMIC RESPONSE ACCOUNTABILITY
nationally, including to support efforts of trol Act of 1985. COMMITTEE
health care providers to address coronavirus by ADMINISTRATIVE PROVISION—GENERAL SERVICES
providing telecommunications services, informa- SEC. 15010. (a) In this section—
ADMINISTRATION (1) the term ‘‘agency’’ has the meaning given
tion services, and devices necessary to enable
SEC. 15003. Notwithstanding 41 U.S.C. the term in section 551 of title 5, United States
the provision of telehealth services during an
3304(a)(7)(B), the Administrator, when making a Code;
emergency period, as defined in section
determination that use of noncompetitive proce- (2) the term ‘‘appropriate congressional com-
1135(g)(1) of the Social Security Act (42 U.S.C.
dures is necessary for public interest in accord- mittees’’ means—
1320b–5(g)(1)): Provided, That the Federal Com-
ance with 41 U.S.C. 3304(a)(7)(A) in response to (A) the Committees on Appropriations of the
munications Commission may rely on the rules
a public health emergency declaration by the Senate and the House of Representatives;
of the Commission under part 54 of title 47, Code (B) the Committee on Homeland Security and
of Federal Regulations, in administering the Secretary of Health and Human Services under
section 319 of the Public Health Service Act (42 Governmental Affairs of the Senate;
amount provided under the heading in this Act (C) the Committee on Oversight and Reform of
if the Commission determines that such adminis- U.S.C. 247(d)), is required to notify Congress in
writing of that determination not less than 3 the House of Representatives; and
tration is in the public interest: Provided fur- (D) any other relevant congressional com-
ther, That such amount is designated by the days prior to the award of the contract.
mittee of jurisdiction;
Congress as being for an emergency requirement NATIONAL ARCHIVES AND RECORDS
(3) the term ‘‘Chairperson’’ means the Chair-
pursuant to section 251(b)(2)(A)(i) of the Bal- ADMINISTRATION
person of the Committee;
anced Budget and Emergency Deficit Control OPERATING EXPENSES (4) the term ‘‘Council’’ means the Council of
Act of 1985. For an additional amount for ‘‘Operating Ex- the Inspectors General on Integrity and Effi-
GENERAL SERVICES ADMINISTRATION penses’’, $8,100,000, to remain available until ciency established under section 11 of the In-
REAL PROPERTY ACTIVITIES September 30, 2021, to prevent, prepare for, and spector General Act of 1978 (5 U.S.C. App);
FEDERAL BUILDINGS FUND respond to coronavirus, domestically or inter- (5) the term ‘‘Committee’’ means the Pandemic
nationally: Provided, That the amount provided Response Accountability Committee established
(INCLUDING TRANSFERS OF FUNDS)
under this heading in this Act may be used to under subsection (b);
For an additional amount to be deposited in provide expenses of the Federal Records Center (6) the term ‘‘covered funds’’ means any
the ‘‘Federal Buildings Fund’’, $275,000,000, to Program for preventing, preparing for, and re- funds, including loans, that are made available
remain available until expended, to prevent, sponding to coronavirus, domestically or inter- in any form to any non-Federal entity, not in-
prepare for, and respond to coronavirus, domes- nationally: Provided further, That such amount cluding an individual, under—
tically or internationally: Provided, That the is designated by the Congress as being for an (A) this Act;
amount provided under this heading in this Act emergency requirement pursuant to section (B) the Coronavirus Preparedness and Re-
may be used to reimburse the Fund for obliga- 251(b)(2)(A)(i) of the Balanced Budget and sponse Supplemental Appropriations Act, 2020
tions incurred for this purpose prior to the date Emergency Deficit Control Act of 1985. (Public Law 116–123);
of the enactment of this Act: Provided further, (C) the Families First Coronavirus Response
OFFICE OF PERSONNEL MANAGEMENT
That such amount may be transferred to, and Act (Public Law 116–127); or
merged with, accounts within the Federal Build- SALARIES AND EXPENSES (D) any other Act primarily making appro-
ings Fund in amounts necessary to cover costs For an additional amount for ‘‘Salaries and priations for the Coronavirus response and re-
incurred to prevent, prepare for, and respond to Expenses’’, $12,100,000, to remain available until lated activities; and
dlhill on DSKBBY8HB2PROD with HOUSE
coronavirus, domestically or internationally: September 30, 2021, to prevent, prepare for, and (7) the term ‘‘Coronavirus response’’ means
Provided further, That the Administrator of respond to coronavirus, domestically or inter- the Federal Government’s response to the na-
General Services shall notify the Committees on nationally, including technologies for digital tionwide public health emergency declared by
Appropriations of the House of Representatives case management, short-term methods to allow the Secretary of Health and Human Services,
and the Senate quarterly on the obligations and electronic submissions of retirement application retroactive to January 27, 2020, pursuant to sec-
expenditures of the funds provided by this Act packages in support of paper-based business op- tion 319 of the Public Health Service Act (42
by account of the Federal Buildings Fund: Pro- erations, and increased telecommunications: U.S.C. 247d), as a result of confirmed cases of
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1797
the novel coronavirus (COVID–19) in the United (i) developing a strategic plan to ensure co- (3)(A) The Committee shall make recommenda-
States. ordinated, efficient, and effective comprehensive tions to agencies on measures to prevent or ad-
(b) There is established within the Council the oversight by the Committee and Inspectors Gen- dress fraud, waste, abuse and mismanagement,
Pandemic Response Accountability Committee to eral over all aspects of covered funds and the and to mitigate risks that cut across programs
promote transparency and conduct and support Coronavirus response; and agency boundaries, relating to covered
oversight of covered funds and the Coronavirus (ii) auditing or reviewing covered funds, in- funds and the Coronavirus response.
response to— cluding a comprehensive audit and review of (B) Not later than 30 days after receipt of a
(1) prevent and detect fraud, waste, abuse, charges made to Federal contracts pursuant to recommendation under subparagraph (A), an
and mismanagement; and authorities provided in the Coronavirus Aid, Re- agency shall submit a report to the President
(2) mitigate major risks that cut across pro- lief, and Economic Security Act, to determine and the appropriate congressional committees
gram and agency boundaries. whether wasteful spending, poor contract or on—
(c)(1) The Chairperson of the Committee shall grant management, or other abuses are occur- (i) whether the agency agrees or disagrees
be selected by the Chairperson of the Council ring and referring matters the Committee con- with the recommendations; and
from among Inspectors General described in sub- siders appropriate for investigation to the In- (ii) any actions the agency will take to imple-
paragraphs (B), (C), and (D) of paragraph (2) spector General for the agency that disbursed ment the recommendations, which shall also be
with experience managing oversight of large or- the covered funds, including conducting ran- included in the report required under section
ganizations and expenditures. domized audits to identify fraud; 2(b) of the GAO–IG Act (31 U.S.C. 1105 note).
(2) The members of the Committee shall in- (iii) reviewing whether the reporting of con- (e)(1) The Committee shall conduct audits and
clude— tracts and grants using covered funds meets ap- reviews of programs, operations, and expendi-
(A) the Chairperson; plicable standards and specifies the purpose of tures relating to covered funds and the
(B) the Inspectors General of the Departments the contract or grant and measures of perform- Coronavirus response and coordinate on such
of Defense, Education, Health and Human Serv- ance; activities with the Inspector General of the rel-
ices, Homeland Security, Justice, Labor, and the (iv) reviewing the economy, efficiency, and ef- evant agency to avoid unnecessary duplication
Treasury; fectiveness in the administration of, and the de- and overlap of work.
(C) the Inspector General of the Small Busi- tection of fraud, waste, abuse, and mismanage- (2) The Committee may—
ness Administration; ment in, Coronavirus response programs and op- (A) conduct its own independent investiga-
(D) the Treasury Inspector General for Tax erations; tions, audits, and reviews relating to covered
Administration; and (v) reviewing whether competition require- funds or the Coronavirus response;
(E) any other Inspector General, as des- ments applicable to contracts and grants using (B) collaborate on audits and reviews relating
ignated by the Chairperson from any agency covered funds have been satisfied; to covered funds with any Inspector General of
that expends or obligates covered funds or is in- (vi) serving as a liaison to the Director of the an agency; and
volved in the Coronavirus response. (C) provide support to relevant agency Inspec-
Office of Management and Budget, the Sec-
(3)(A) There shall be an Executive Director tors General in conducting investigations, au-
retary of the Treasury, and other officials re-
and a Deputy Executive Director of the Com- dits, and reviews relating to the covered funds
sponsible for implementing the Coronavirus re-
mittee. and Coronavirus response.
sponse;
(3)(A) In conducting and supporting inves-
(B)(i)(I) Not later than 30 days after the date (vii) reviewing whether there are sufficient
tigations, audits, and reviews under this sub-
of enactment of this Act, the Executive Director qualified acquisition, grant, and other applica-
section, the Committee—
of the Committee shall be appointed by the ble personnel overseeing covered funds and the (i) shall have the authorities provided under
Chairperson of the Council, in consultation Coronavirus response; section 6 of the Inspector General Act of 1978 (5
with the majority leader of the Senate, the (viii) reviewing whether personnel whose du-
U.S.C. App.);
Speaker of the House of Representatives, the mi- ties involve the Coronavirus response or acquisi- (ii) may issue subpoenas to compel the testi-
nority leader of the Senate, and the minority tions or grants made with covered funds or are mony of persons who are not Federal officers or
leader of the House of Representatives. otherwise related to the Coronavirus response employees; and
(II) Not later than 90 days after the date of receive adequate training, technology support, (iii) may enforce such subpoenas in the event
enactment of this Act, the Deputy Executive Di- and other resources; of a refusal to obey by order of any appropriate
rector of the Committee shall be appointed by (ix) reviewing whether there are appropriate United States district court as provided for
the Chairperson of the Council, in consultation mechanisms for interagency collaboration relat- under section 6 of the Inspector General Act of
with the majority leader of the Senate, the ing to the oversight of covered funds and the 1978 (5 U.S.C. App).
Speaker of the House of Representatives, the mi- Coronavirus response, including coordinating (B) The Committee shall carry out the powers
nority leader of the Senate, the minority leader and collaborating to the extent practicable with under paragraphs (1) and (2) in accordance
of the House of Representatives, and the Execu- State and local government entities; with section 4(b)(1) of the Inspector General Act
tive Director of the Committee. (x) expeditiously reporting to the Attorney of 1978 (5 U.S.C. App.).
(ii) The Executive Director and the Deputy General any instance in which the Committee (C) Whenever information or assistance re-
Executive Director of the Committee shall— has reasonable grounds to believe there has been quested by the Committee or an Inspector Gen-
(I) have demonstrated ability in accounting, a violation of Federal criminal law; and eral is unreasonably refused or not provided,
auditing, and financial analysis; (xi) coordinating and supporting Inspectors the Committee shall immediately report the cir-
(II) have experience managing oversight of General on matters related to oversight of cov- cumstances to the appropriate congressional
large organizations and expenditures; and ered funds and the Coronavirus response. committees.
(III) be full-time employees of the Committee. (2)(A)(i) The Committee shall submit to the (D) The Committee shall leverage existing in-
(C) The Executive Director of the Committee President and Congress, including the appro- formation technology resources within the
shall— priate congressional committees, management Council, such as oversight.gov, to carry out the
(i) report directly to the Chairperson; alerts on potential management, risk, and fund- duties of the Committee.
(ii) appoint staff of the Committee, subject to ing problems that require immediate attention. (4)(A) The Committee may hold public hear-
the approval of the Chairperson, consistent with (ii) The Committee shall submit to Congress ings and Committee personnel may conduct nec-
subsection (f); such other reports or provide such periodic up- essary inquiries.
(iii) supervise and coordinate Committee func- dates on the work of the Committee as the Com- (B) The head of each agency shall make all
tions and staff; and mittee considers appropriate on the use of cov- officers and employees of that agency available
(iv) perform any other duties assigned to the ered funds and the Coronavirus response. to provide testimony to the Committee and Com-
Executive Director by the Committee. (B) The Committee shall submit biannual re- mittee personnel.
(4)(A) Members of the Committee may not re- ports to the President and Congress, including (C) The Committee may issue subpoenas to
ceive additional compensation for services per- the appropriate congressional committees, and compel the testimony of persons who are not
formed. may submit additional reports as appropriate— Federal officers or employees at such public
(B) The Executive Director and Deputy Exec- (i) summarizing the findings of the Committee; hearings, which may be enforced in the same
utive Director of the Committee shall be com- and manner as provided for subpoenas under section
pensated at the rate of basic pay prescribed for (ii) identifying and quantifying the impact of 6 of the Inspector General Act of 1978 (5 U.S.C.
level IV of the Executive Schedule under section any tax expenditures or credits authorized App.).
5315 of title 5, United States Code. under this Act to the extent practicable. (5) The Committee may enter into contracts to
(d)(1)(A) The Committee shall conduct and co- (C)(i) All reports submitted under this para- enable the Committee to discharge its duties, in-
ordinate oversight of covered funds and the graph shall be made publicly available and post- cluding contracts and other arrangements for
Coronavirus response and support Inspectors ed on the website established under subsection audits, studies, analyses, and other services
General in the oversight of covered funds and (g). with public agencies and with private persons,
dlhill on DSKBBY8HB2PROD with HOUSE
the Coronavirus response in order to— (ii) Any portion of a report submitted under and make such payments as may be necessary to
(i) detect and prevent fraud, waste, abuse, this paragraph may be redacted when made carry out the duties of the Committee.
and mismanagement; and publicly available, if that portion would disclose (6) The Committee may establish subcommit-
(ii) identify major risks that cut across pro- information that is not subject to disclosure tees to facilitate the ability of the Committee to
grams and agency boundaries. under sections 552 and 552a of title 5, United discharge its duties.
(B) The functions of the Committee shall in- States Code, or is otherwise prohibited from dis- (7) The Committee may transfer funds appro-
clude— closure by law. priated to the Committee for expenses to support
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H1798 CONGRESSIONAL RECORD — HOUSE March 27, 2020
administrative support services and audits, re- way to key information relating to the oversight Inspector General rejects the request in whole or
views, or other activities related to oversight by of covered funds and the Coronavirus response in part, the Inspector General shall, not later
the Committee of covered funds or the and provide connections to other Government than 30 days after rejecting the request, submit
Coronavirus response to any Office of the In- websites with related information. a report to the Committee, the head of the appli-
spector General or the General Services Admin- (3) In establishing and maintaining the cable agency, and the appropriate congressional
istration. website under paragraph (1), the Committee committees, that states the reasons that the In-
(f)(1)(A)(i) Subject to subparagraph (B), the shall ensure the following: spector General has rejected the request in
Committee may exercise the authorities of sub- (A) The website shall provide materials and whole or in part.
sections (b) through (i) of section 3161 of title 5, information explaining the Coronavirus re- (i) The Committee shall coordinate its over-
United States Code (without regard to sub- sponse and how covered funds are being used. sight activities with the Comptroller General of
section (a) of that section) to carry out the func- The materials shall be easy to understand and the United States and State auditors.
tions of the Committee under this section. regularly updated. (j) For the purposes of carrying out the mis-
(ii) For purposes of exercising the authorities (i) The website shall provide accountability sion of the Committee under this section, there
described under clause (i), the term ‘‘Chair- information, including findings from Inspectors are authorized to be appropriated such sums as
person’’ shall be substituted for the term ‘‘head General, including any progress reports, audits, may be necessary to carry out the duties and
of a temporary organization’’. inspections, or other reports, including reports functions of the Committee.
(iii) In exercising the authorities described in from or links to reports on the website of the (k) The Committee shall terminate on Sep-
clause (i), the Chairperson shall consult with Government Accountability Office. tember 30, 2025.
members of the Committee. (ii) The website shall provide data on relevant REPORTING ON USE OF FUNDS
(iv) In addition to the authority provided by operational, economic, financial, grant,
SEC. 15011. (a) In this section—
section 3161(c) of title 5, United States Code, subgrant, contract, and subcontract information
(1) the terms ‘‘agency’’, ‘‘appropriate congres-
upon the request of an Inspector General, the in user-friendly visual presentations to enhance
sional committees’’, ‘‘Committee’’, ‘‘covered
Committee may detail, on a nonreimbursable public awareness of the use of covered funds
funds’’, and ‘‘Coronavirus response’’ have the
basis, any personnel of the Council to that In- and the Coronavirus response.
meanings given those terms in section 15010;
spector General to assist in carrying out any (iii) The website shall provide detailed data on
(2) the term ‘‘covered recipient’’—
audit, review, or investigation pertaining to the any Federal Government awards that expend
(A) means any entity that receives large cov-
oversight of covered funds or the Coronavirus covered funds, including a unique trackable
ered funds; and
response. identification number for each project, informa-
(B) includes any State, the District of Colum-
(B) In exercising the employment authorities tion about the process that was used to award
bia, and any territory or possession of the
under section 3161(b) of title 5, United States the covered funds, and for any covered funds
United States; and
Code, as provided under subparagraph (A) of over $150,000, a detailed explanation of any as-
(3) the term ‘‘large covered funds’’ means cov-
this paragraph— sociated agreement, where applicable.
ered funds that amount to more than $150,000.
(i) section 3161(b)(2) of that title (relating to (iv) The website shall include downloadable,
(b)(1)(A) On a monthly basis until September
periods of appointments) shall not apply; and machine-readable, open format reports on cov-
(ii) no period of appointment may exceed the 30, 2021, each agency shall report to the Director
ered funds obligated by month to each State and
date on which the Committee terminates. of the Office of Management and Budget, the
congressional district, where applicable.
(C)(i) A person employed by the Committee (v) The website shall provide a means for the Bureau of Fiscal Service in the Department of
shall acquire competitive status for appointment public to give feedback on the performance of the Treasury, the Committee, and the appro-
to any position in the competitive service for any covered funds and of the Coronavirus re- priate congressional committees on any obliga-
which the employee possesses the required quali- sponse, including confidential feedback. tion or expenditure of large covered funds, in-
fications upon the completion of 2 years of con- (vi) The website shall include detailed infor- cluding loans and awards.
tinuous service as an employee under this sub- mation on Federal Government awards that ex- (B) Not later than 90 days after the date of
section. pend covered funds, including data elements re- enactment of this Act, each agency shall submit
(ii) No person who is first employed as de- quired under the Federal Funding Account- to the Committee a plan describing how the
scribed in clause (i) more than 2 years after the ability and Transparency Act of 2006 (31 U.S.C. agency will use covered funds.
date of enactment of this Act may acquire com- 6101 note), allowing aggregate reporting on (2) Not later than 10 days after the end of
petitive status under clause (i). awards below $50,000, as prescribed by the Di- each calendar quarter, each covered recipient
(2)(A) The Committee may employ annuitants rector of the Office of Management and Budget. shall submit to the agency and the Committee a
covered by section 9902(g) of title 5, United (vii) The website shall provide a link to esti- report that contains—
States Code, for purposes of the oversight of mates of the jobs sustained or created by this (A) the total amount of large covered funds
covered funds or the Coronavirus response. Act to the extent practicable. received from the agency;
(B) The employment of annuitants under this (viii) The website shall include appropriate (B) the amount of large covered funds re-
paragraph shall be subject to the provisions of links to other government websites with infor- ceived that were expended or obligated for each
section 9902(g) of title 5, United States Code, as mation concerning covered funds and the project or activity;
if the Committee was the Department of De- Coronavirus response, including Federal agency (C) a detailed list of all projects or activities
fense. and State websites. for which large covered funds were expended or
(3) Upon request of the Committee for infor- (ix) The website shall include a plan from obligated, including—
mation or assistance from any agency or other each Federal agency for using covered funds. (i) the name of the project or activity;
entity of the Federal Government, the head of (x) The website shall provide information on (ii) a description of the project or activity; and
such entity shall, insofar as is practicable and Federal allocations of mandatory and other en- (iii) the estimated number of jobs created or
not in contravention of any existing law, and titlement programs by State, county, or other retained by the project or activity, where appli-
consistent with section 6 of the Inspector Gen- geographical unit related to covered funds or cable; and
eral Act of 1978 (5 U.S.C. App.), furnish such in- the Coronavirus response. (D) detailed information on any level of sub-
formation or assistance to the Committee, or an (xi) The website shall present the data such contracts or subgrants awarded by the covered
authorized designee, including an Inspector that funds subawarded by recipients are not recipient or its subcontractors or subgrantees, to
General designated by the Chairperson. double counted in search results, data visualiza- include the data elements required to comply
(4) Any Inspector General responsible for con- tions, or other reports. with the Federal Funding Accountability and
ducting oversight related to covered funds or the (xii) The website shall include all rec- Transparency Act of 2006 (31 U.S.C. 6101 note)
Coronavirus response may, consistent with the ommendations made to agencies relating to cov- allowing aggregate reporting on awards below
duties, responsibilities, policies, and procedures ered funds and the Coronavirus response, as $50,000 or to individuals, as prescribed by the
of the Inspector General, provide information well as the status of each recommendation. Director of the Office of Management and
requested by the Committee or an Inspector Gen- (xiii) The website shall be enhanced and up- Budget.
eral on the Committee relating to the respon- dated as necessary to carry out the purposes of (3) Not later than 30 days after the end of
sibilities of the Committee. this section. each calendar quarter, the Committee, in con-
(g)(1)(A) Not later than 30 days after the date (4) The Committee may exclude posting con- sultation with the agency that made large cov-
of enactment of this Act, the Committee shall es- tractual or other information on the website on ered funds available to any covered recipient
tablish and maintain a user-friendly, public-fac- a case-by-case basis when necessary to protect shall make the information in reports submitted
ing website to foster greater accountability and national security or to protect information that under paragraph (2) publicly available by post-
transparency in the use of covered funds and is not subject to disclosure under sections 552 ing the information on the website established
the Coronavirus response, which shall have a and 552a of title 5, United States Code. under section 15010(g).
uniform resource locator that is descriptive and (h)(1) Nothing in this section shall affect the (4)(A) Each agency, in coordination with the
dlhill on DSKBBY8HB2PROD with HOUSE
memorable. independent authority of an Inspector General Committee and the Director of the Office of
(B) The Committee shall leverage existing in- to determine whether to conduct an audit or in- Management and Budget shall provide user-
formation technology and resources, such as vestigation of covered funds or the Coronavirus friendly means for covered recipients to meet re-
oversight.gov, to the greatest extent practicable response. quirements of this subsection.
to meet the requirements under this section. (2) If the Committee requests that an Inspector (B) Federal agencies may use existing mecha-
(2) The website established and maintained General of an agency conduct or refrain from nisms to ensure that information under this sub-
under paragraph (1) shall be a portal or gate- conducting an audit or investigation and the section is reported accurately.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1799
(c)(1) The Director of the Office of Manage- until September 30, 2021, to prevent, prepare for, determined by the head of the agency to be pri-
ment and Budget, in consultation with the Sec- and respond to coronavirus, domestically or marily related to preparation, prevention, or re-
retary of the Treasury, the Administrator of the internationally, which shall be for support of sponse to coronavirus, any premium pay that is
Small Business Administration, and the Chair- interagency critical infrastructure coordination funded, either directly or through reimburse-
person of the Council of Economic Advisors, and related activities: Provided, That such ment, by the Federal Emergency Management
shall submit to the appropriate congressional amount is designated by the Congress as being Agency shall be exempted from the aggregate of
committees and publicly release on the website for an emergency requirement pursuant to sec- basic pay and premium pay calculated under
established under section 15010(g) quarterly re- tion 251(b)(2)(A)(i) of the Balanced Budget and section 5547(a) of title 5, United States Code,
ports that detail the impact of programs funded Emergency Deficit Control Act of 1985. and any other provision of law limiting the ag-
through large covered funds on employment, es- FEDERAL EMERGENCY MANAGEMENT AGENCY gregate amount of premium pay payable on a bi-
timated economic growth, and other key eco- OPERATIONS AND SUPPORT
weekly or calendar year basis.
nomic indicators, including information about (b) OVERTIME AUTHORITY.—Any overtime that
For an additional amount for ‘‘Operations is funded for such services described in sub-
impacted industries.
and Support’’, $44,987,000, to remain available section (a), either directly or through reimburse-
(2)(A) The first report submitted under para-
until September 30, 2021, to prevent, prepare for, ment, by the Federal Emergency Management
graph (1) shall be submitted not later than 45
and respond to coronavirus, domestically or Agency shall be exempted from any annual limit
days after the end of the first full quarter fol-
internationally, which shall be for enhance- on the amount of overtime payable in a cal-
lowing the date of enactment of this Act.
ments to information technology and for facili- endar or fiscal year.
(B) The last report required to be submitted
ties support: Provided, That such amount is des- (c) APPLICABILITY OF AGGREGATE LIMITATION
under paragraph (1) shall apply to the quarter
ignated by the Congress as being for an emer- ON PAY.—In determining whether an employee’s
in which the Committee terminates.
gency requirement pursuant to section pay exceeds the applicable annual rate of basic
TITLE VI 251(b)(2)(A)(i) of the Balanced Budget and pay payable under section 5307 of title 5, United
DEPARTMENT OF HOMELAND SECURITY Emergency Deficit Control Act of 1985. States Code, the head of an Executive agency
MANAGEMENT DIRECTORATE DISASTER RELIEF FUND shall not include pay exempted under this sec-
OPERATIONS AND SUPPORT For an additional amount for ‘‘Disaster Relief tion.
Fund’’, $45,000,000,000, to remain available until (d) LIMITATION OF PAY AUTHORITY.—Pay ex-
For an additional amount for ‘‘Operations empted from otherwise applicable limits under
and Support’’, $178,300,000, to remain available expended: Provided, That of the amount pro-
vided under this heading in this Act, subsection (a) shall not cause the aggregate pay
until September 30, 2021, to prevent, prepare for, earned for the calendar year in which the ex-
and respond to coronavirus, domestically or $25,000,000,000 shall be for major disasters de-
clared pursuant to the Robert T. Stafford Dis- empted pay is earned to exceed the rate of basic
internationally, which shall be for the purchase pay payable for a position at level II of the Ex-
of personal protective equipment and sanitiza- aster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That of ecutive Schedule under section 5313 of title 5,
tion materials: Provided, That funds provided United States Code.
under this heading in this Act may be trans- the amount provided under this heading in this
Act, $15,000,000,000 may be used for all purposes (e) EFFECTIVE DATE.—This section shall take
ferred by the Secretary of Homeland Security effect as if enacted on January 1, 2020.
between appropriations in the Department only authorized under such Act and may be used in
addition to amounts designated by the Congress SEC. 16004. (a) Amounts provided for ‘‘Coast
for the purchase of personal protective equip- Guard—Operations and Support’’ in the Con-
ment and sanitization materials to prevent, pre- as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emer- solidated Appropriations Act, 2020 (Public Law
pare for, and respond to coronavirus, domesti- 116–93) may be available for pay and benefits of
cally or internationally: Provided further, That gency Deficit Control Act of 1985: Provided fur-
ther, That every 30 days the Administrator shall Coast Guard Yard and Vessel Documentation
none of the funds made available under this personnel, Non-Appropriated Funds personnel,
heading may be transferred pursuant to the au- provide the Committees on Appropriations of the
Senate and the House of Representatives both and for Morale, Welfare and Recreation Pro-
thority in section 503 of the Department of grams.
Homeland Security Appropriations Act, 2020: projected and actual costs for funds provided
(b) No amounts may be used under this sec-
Provided further, That the Department shall under this heading for major disasters and any
tion from amounts that were designated by the
provide notice of any transfer to the Committees other expenses: Provided further, That of the
Congress for Overseas Contingency Operations/
on Appropriations of the Senate and the House amounts provided under this heading, $3,000,000
Global War on Terrorism pursuant to the Con-
of Representatives not later than 5 days after shall be transferred to ‘‘Office of Inspector Gen-
current Resolution on the Budget or the Bal-
executing such transfer: Provided further, That eral’’ and shall remain available until expended
anced Budget and Emergency Deficit Control
such amount is designated by the Congress as for oversight of activities supported by funds
Act of 1985.
being for an emergency requirement pursuant to provided under this heading: Provided further, SEC. 16005. (a) Notwithstanding any other
section 251(b)(2)(A)(i) of the Balanced Budget That such amount is designated by the Congress provision of law regarding the licensure of
and Emergency Deficit Control Act of 1985. as being for an emergency requirement pursuant health-care providers, a health-care professional
to section 251(b)(2)(A)(i) of the Balanced Budget described in subsection (b) may practice the
TRANSPORTATION SECURITY ADMINISTRATION and Emergency Deficit Control Act of 1985.
OPERATIONS AND SUPPORT
health profession or professions of the health-
FEDERAL ASSISTANCE care professional at any location in any State,
For an additional amount for ‘‘Operations For an additional amount for ‘‘Federal Assist- the District of Columbia, or Commonwealth, ter-
and Support’’, $100,000,000, to remain available ance’’, $400,000,000, to remain available until ritory, or possession of the United States, or any
until September 30, 2021, to prevent, prepare for, September 30, 2021, to prevent, prepare for, and location designated by the Secretary, regardless
and respond to coronavirus, domestically or respond to coronavirus, domestically or inter- of where such health-care professional or the
internationally, which shall be for cleaning and nationally: Provided, That of the amount pro- patient is located, so long as the practice is
sanitization at checkpoints and other airport vided under this heading in this Act, within the scope of the authorized Federal du-
common areas; overtime and travel costs; and $100,000,000 shall be for Assistance to Firefighter ties of such health-care professional.
explosive detection materials: Provided, That Grants for the purchase of personal protective (b) DEFINITION.—As used in this section, the
such amount is designated by the Congress as equipment and related supplies, including reim- term ‘‘health-care professional’’ means an indi-
being for an emergency requirement pursuant to bursements; $100,000,000 shall be for Emergency vidual (other than a member of the Coast
section 251(b)(2)(A)(i) of the Balanced Budget Management Performance Grants; and Guard, a civilian employee of the Coast Guard,
and Emergency Deficit Control Act of 1985. $200,000,000 shall be for the Emergency Food member of the Public Health Service who is as-
UNITED STATES COAST GUARD and Shelter Program: Provided further, That signed to the Coast Guard, or an individual
OPERATIONS AND SUPPORT such amount is designated by the Congress as with whom the Secretary, pursuant to 10 U.S.C.
being for an emergency requirement pursuant to 1091, has entered into a personal services con-
For an additional amount for ‘‘Operations
section 251(b)(2)(A)(i) of the Balanced Budget tract to carry out health care responsibilities of
and Support’’, $140,800,000, to remain available
and Emergency Deficit Control Act of 1985. the Secretary at a medical treatment facility of
until September 30, 2021, to prevent, prepare for,
GENERAL PROVISIONS—THIS TITLE the Coast Guard) who—
and respond to coronavirus, domestically or (1) is—
internationally, which shall be for mobilization SEC. 16001. Notwithstanding any other provi- (A) an employee of the Department of Home-
of reservists and increasing the capability and sion of law, funds made available under each land Security,
capacity of Coast Guard information technology heading in this title, except for ‘‘Federal Emer- (B) a detailee to the Department from another
systems and infrastructure: Provided, That such gency Management Agency—Disaster Relief Federal agency,
amount is designated by the Congress as being Fund’’, shall only be used for the purposes spe- (C) a personal services contractor of the De-
for an emergency requirement pursuant to sec- cifically described under that heading. partment, or
tion 251(b)(2)(A)(i) of the Balanced Budget and SEC. 16002. Notwithstanding any other provi- (D) hired under a Contract for Services;
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Emergency Deficit Control Act of 1985. sion of law, any amounts appropriated for (2) performs health care services as part of du-
‘‘Federal Emergency Management Agency—Dis- ties of the individual in that capacity;
CYBERSECURITY AND INFRASTRUCTURE SECURITY
AGENCY aster Relief Fund’’ in this Act are available only (3) has a current, valid, and unrestricted
for the purposes for which they were appro- equivalent license certification that is—
OPERATIONS AND SUPPORT priated. (A) issued by a State, the District of Colum-
For an additional amount for ‘‘Operations SEC. 16003. (a) PREMIUM PAY AUTHORITY.—If bia, or a Commonwealth, territory, or possession
and Support’’, $9,100,000, to remain available services performed during fiscal year 2020 are of the United States; and
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H1800 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(B) for the practice of medicine, osteopathic BUREAU OF INDIAN EDUCATION by, the Environmental Protection Agency, and
medicine, dentistry, nursing, emergency medical OPERATION OF INDIAN EDUCATION PROGRAMS $1,500,000 shall be for research on methods to re-
services, or another health profession; and duce the risks from environmental transmission
For an additional amount for ‘‘Operation of
(4) is not affirmatively excluded from practice of coronavirus via contaminated surfaces or ma-
Indian Education Programs’’, $69,000,000, to re-
in the licensing or certifying jurisdiction or in terials: Provided further, That such amount is
main available until September 30, 2021, to pre-
any other jurisdiction. designated by the Congress as being for an
vent, prepare for, and respond to coronavirus,
(c) Subsection (a) shall apply during the inci- emergency requirement pursuant to section
domestically or internationally, including, but
dent period of the emergency declared by the 251(b)(2)(A)(i) of the Balanced Budget and
not limited to, funding for tribal colleges and
President on March 13, 2020, pursuant to section Emergency Deficit Control Act of 1985.
universities, salaries, transportation, and infor-
501(b) of the Robert T. Stafford Disaster Relief mation technology: Provided, That of the ENVIRONMENTAL PROGRAMS AND MANAGEMENT
and Emergency Assistance Act (42 U.S.C. amounts provided in this paragraph, not less For an additional amount for ‘‘Environmental
5121(b)), and to any subsequent major declara- than $20,000,000 shall be for tribal colleges and Programs and Management’’, $3,910,000, to re-
tion under section 401 of such Act that super- universities: Provided further, That such main available until September 30, 2021, to pre-
sedes such emergency declaration. amount is designated by the Congress as being vent, prepare for, and respond to coronavirus,
SEC. 16006. The Secretary of Homeland Secu- for an emergency requirement pursuant to sec- domestically or internationally: Provided, That
rity, under the authority granted under section tion 251(b)(2)(A)(i) of the Balanced Budget and of the amount provided under this heading in
205(b) of the REAL ID Act of 2005 (Public Law Emergency Deficit Control Act of 1985. this Act, $2,410,000 shall be for necessary ex-
109–13; 49 U.S.C. 30301 note) shall extend the penses for cleaning and disinfecting equipment
deadline by which States are required to meet DEPARTMENTAL OFFICES
or facilities of, or for use by, the Environmental
the driver license and identification card OFFICE OF THE SECRETARY Protection Agency, and operational continuity
issuance requirements under section 202(a)(1) of DEPARTMENTAL OPERATIONS of Environmental Protection Agency programs
such Act until not earlier than September 30, (INCLUDING TRANSFERS OF FUNDS) and related activities, and $1,500,000 shall be for
2021. expediting registration and other actions related
For an additional amount for ‘‘Departmental
SEC. 16007. Section 5 of the Protecting and Se- to pesticides to address coronavirus: Provided
Operations’’, $158,400,000, to remain available
curing Chemical Facilities from Terrorist At- further, That such amount is designated by the
until September 30, 2021, to prevent, prepare for,
tacks Act of 2014 (Public Law 113–254; 6 U.S.C. Congress as being for an emergency requirement
and respond to coronavirus, domestically or
621 note) is amended by striking ‘‘the date that pursuant to section 251(b)(2)(A)(i) of the Bal-
internationally, including, but not limited to,
is 5 years and 3 months after the effective date anced Budget and Emergency Deficit Control
funds for purchasing equipment and supplies to
of this Act’’ and inserting ‘‘July 23, 2020’’: Pro- Act of 1985.
disinfect and clean buildings and public areas,
vided, That the amount provided by this section BUILDINGS AND FACILITIES
supporting law enforcement and emergency
is designated by the Congress as being for an
management operations, biosurveillance of wild- For an additional amount for ‘‘Buildings and
emergency requirement pursuant to section
life and environmental persistence studies, em- Facilities’’, $300,000, to remain available until
251(b)(2)(A)(i) of the Balanced Budget and
ployee overtime and special pay expenses, and September 30, 2021, to prevent, prepare for, and
Emergency Deficit Control Act of 1985.
other response, mitigation, or recovery activities: respond to coronavirus, domestically or inter-
TITLE VII Provided, That funds appropriated under this nationally: Provided, That the funds provided
DEPARTMENT OF THE INTERIOR heading in this Act shall be used to absorb in- under this heading in this Act shall be for nec-
INDIAN AFFAIRS creased operational costs necessary to prevent, essary expenses for cleaning and disinfecting
prepare for, and respond to coronavirus, domes- equipment or facilities of, or for use by, the En-
BUREAU OF INDIAN AFFAIRS tically or internationally: Provided further, vironmental Protection Agency: Provided fur-
OPERATION OF INDIAN PROGRAMS That the Secretary of the Interior may transfer ther, That such amount is designated by the
(INCLUDING TRANSFERS OF FUNDS) the funds provided under this heading in this Congress as being for an emergency requirement
Act to any other account in the Department to pursuant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Operation of anced Budget and Emergency Deficit Control
prevent, prepare for, and respond to
Indian Programs’’, $453,000,000, to remain avail- Act of 1985.
coronavirus, domestically or internationally,
able until September 30, 2021, to prevent, pre-
and may expend such funds directly or through HAZARDOUS SUBSTANCE SUPERFUND
pare for, and respond to coronavirus, domesti-
cooperative agreements: Provided further, That For an additional amount for ‘‘Hazardous
cally or internationally, including, but not lim-
the Secretary shall provide a monthly report to Substance Superfund’’, $770,000, to remain
ited to, funds for public safety and justice pro-
the Committees on Appropriations of the House available until September 30, 2021, to prevent,
grams, executive direction to carry out deep
of Representatives and the Senate detailing the prepare for, and respond to coronavirus, domes-
cleaning of facilities, purchase of personal pro-
allocation and obligation of these funds by ac- tically or internationally: Provided, That the
tective equipment, purchase of information tech-
count, beginning not later than 90 days after funds provided under this heading in this Act
nology to improve teleworking capability, wel-
enactment of this Act: Provided further, That as shall be for necessary expenses for cleaning and
fare assistance and social services programs (in-
soon as practicable after the date of enactment disinfecting equipment or facilities of, or for use
cluding assistance to individuals), and assist-
of this Act, the Secretary shall transfer by, the Environmental Protection Agency: Pro-
ance to tribal governments, including tribal gov-
$1,000,000 to the Office of the Inspector General, vided further, That such amount is designated
ernments who participate in the ‘‘Small and
‘‘Salaries and Expenses’’ account for oversight by the Congress as being for an emergency re-
Needy’’ program: Provided, That amounts re-
activities related to the implementation of pro- quirement pursuant to section 251(b)(2)(A)(i) of
ceived from funds provided under this heading
grams, activities or projects funded herein: Pro- the Balanced Budget and Emergency Deficit
in this Act for welfare assistance programs shall
vided further, That such amount is designated Control Act of 1985.
not be included in the statutory maximum for
by the Congress as being for an emergency re-
welfare assistance funds included in Public Law RELATED AGENCIES
quirement pursuant to section 251(b)(2)(A)(i) of
116–94, the Further Consolidated Appropriations DEPARTMENT OF AGRICULTURE
the Balanced Budget and Emergency Deficit
Act, 2020: Provided further, That assistance re- FOREST SERVICE
Control Act of 1985.
ceived from funds provided under this heading
INSULAR AFFAIRS FOREST AND RANGELAND RESEARCH
in this Act shall not be included in the calcula-
tion of funds received by those tribal govern- ASSISTANCE TO TERRITORIES For an additional amount for ‘‘Forest and
ments who participate in the ‘‘Small and Rangeland Research’’, $3,000,000, to remain
For an additional amount for ‘‘Assistance to available until September 30, 2021, to prevent,
Needy’’ program: Provided further, That of the Territories’’, $55,000,000, to remain available
amounts provided under this heading in this prepare for, and respond to coronavirus, domes-
until September 30, 2021, to prevent, prepare for, tically or internationally, including for the rees-
Act, not less than $400,000,000 shall be made and respond to coronavirus, domestically or
available to meet the direct needs of tribes: Pro- tablishment of abandoned or failed experiments
internationally, for general technical assistance: associated with employee restrictions due to the
vided further, That amounts provided under Provided, That such amount is designated by
this heading in this Act may be made available coronavirus outbreak: Provided, That amounts
the Congress as being for an emergency require- provided under this heading in this Act shall be
for distribution through tribal priority alloca- ment pursuant to section 251(b)(2)(A)(i) of the
tions for tribal response and capacity building allocated at the discretion of the Chief of the
Balanced Budget and Emergency Deficit Con- Forest Service: Provided further, That such
activities: Provided further, That funds pro- trol Act of 1985.
vided under this heading in this Act, if trans- amount is designated by the Congress as being
ENVIRONMENTAL PROTECTION AGENCY for an emergency requirement pursuant to sec-
ferred to tribes and tribal organizations under
the Indian Self-Determination and Education SCIENCE AND TECHNOLOGY tion 251(b)(2)(A)(i) of the Balanced Budget and
Assistance Act, will be transferred on a one-time For an additional amount for ‘‘Science and Emergency Deficit Control Act of 1985.
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basis and that these non-recurring funds are Technology’’, $2,250,000, to remain available NATIONAL FOREST SYSTEM
not part of the amount required by 25 U.S.C. § until September 30, 2021, to prevent, prepare for, For an additional amount for ‘‘National For-
5325: Provided further, That such amount is and respond to coronavirus, domestically or est System’’, $34,000,000, to remain available
designated by the Congress as being for an internationally: Provided, That of the amount until September 30, 2021, to prevent, prepare for,
emergency requirement pursuant to section provided under this heading in this Act, $750,000 and respond to coronavirus, domestically or
251(b)(2)(A)(i) of the Balanced Budget and shall be for necessary expenses for cleaning and internationally, including for cleaning and dis-
Emergency Deficit Control Act of 1985. disinfecting equipment or facilities of, or for use infecting of public recreation amenities and for
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1801
personal protective equipment and baseline such amounts may only be used for the purposes report to the Committees on Appropriations of
health testing for first responders: Provided, identified under this heading notwithstanding the House of Representatives and Senate that
That amounts provided under this heading in any other provision of law: Provided further, includes a detailed explanation of the distribu-
this Act shall be allocated at the discretion of That such amount is designated by the Congress tion of the funds provided herein: Provided fur-
the Chief of the Forest Service: Provided fur- as being for an emergency requirement pursuant ther, That such amount is designated by the
ther, That such amount is designated by the to section 251(b)(2)(A)(i) of the Balanced Budget Congress as being for an emergency requirement
Congress as being for an emergency requirement and Emergency Deficit Control Act of 1985. pursuant to section 251(b)(2)(A)(i) of the Bal-
pursuant to section 251(b)(2)(A)(i) of the Bal- AGENCY FOR TOXIC SUBSTANCES AND DISEASE anced Budget and Emergency Deficit Control
anced Budget and Emergency Deficit Control REGISTRY Act of 1985.
Act of 1985. NATIONAL FOUNDATION ON THE ARTS AND
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC
CAPITAL IMPROVEMENT AND MAINTENANCE HEALTH HUMANITIES
For an additional amount for ‘‘Capital Im- For an additional amount for ‘‘Toxic Sub- NATIONAL ENDOWMENT FOR THE ARTS
provement and Maintenance’’, $26,800,000, to re- stances and Environmental Public Health’’, GRANTS AND ADMINISTRATION
main available until September 30, 2021, to pre- $12,500,000, to remain available until September
vent, prepare for, and respond to coronavirus, For an additional amount for ‘‘Grants and
30, 2021, to prevent, prepare for, and respond to Administration’’, $75,000,000, to remain avail-
domestically or internationally, including for coronavirus, domestically or internationally:
janitorial services: Provided, That amounts pro- able until September 30, 2021, to prevent, pre-
Provided, That $7,500,000 of the funds provided pare for, and respond to coronavirus, domesti-
vided under this heading in this Act shall be al- under this heading in this Act shall be for nec-
located at the discretion of the Chief of the For- cally or internationally, to be distributed in
essary expenses of the Geospatial Research, grants: Provided, That such funds are available
est Service: Provided further, That such amount Analysis and Services Program to support spa-
is designated by the Congress as being for an under the same terms and conditions as grant
tial analysis and Geographic Information Sys- funding appropriated to this heading in Public
emergency requirement pursuant to section tem mapping of infectious disease hot spots, in-
251(b)(2)(A)(i) of the Balanced Budget and Law 116–94: Provided further, That 40 percent
cluding cruise ships: Provided further, That of such funds shall be distributed to State arts
Emergency Deficit Control Act of 1985. $5,000,000 of the funds provided under this agencies and regional arts organizations and 60
WILDLAND FIRE MANAGEMENT heading in this Act shall be for necessary ex- percent of such funds shall be for direct grants:
For an additional amount for ‘‘Wildland Fire penses for awards to Pediatric Environmental Provided further, That notwithstanding any
Management’’, $7,000,000, to remain available Health Specialty Units and state health depart- other provision of law, such funds may also be
until September 30, 2021, to prevent, prepare for, ments to provide guidance and outreach on safe used by the recipients of such grants for pur-
and respond to coronavirus, domestically or practices for disinfection for home, school, and poses of the general operations of such recipi-
internationally, including for personal protec- daycare facilities: Provided further, That such ents: Provided further, That the matching re-
tive equipment and baseline health testing for amount is designated by the Congress as being quirements under subsections (e), (g)(4)(A), and
first responders: Provided, That amounts pro- for an emergency requirement pursuant to sec- (p)(3) of section 5 of the National Foundation
vided under this heading in this Act shall be al- tion 251(b)(2)(A)(i) of the Balanced Budget and on the Arts and Humanities Act of 1965 (20
located at the discretion of the Chief of the For- Emergency Deficit Control Act of 1985. U.S.C. 954) may be waived with respect to such
est Service: Provided further, That such amount OTHER RELATED AGENCIES grants: Provided further, That such amount is
is designated by the Congress as being for an INSTITUTE OF AMERICAN INDIAN AND ALASKA designated by the Congress as being for an
emergency requirement pursuant to section NATIVE CULTURE AND ARTS DEVELOPMENT emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and
PAYMENT TO THE INSTITUTE
Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Payment to
DEPARTMENT OF HEALTH AND HUMAN NATIONAL ENDOWMENT FOR THE HUMANITIES
the Institute’’, $78,000, to remain available until
SERVICES
September 30, 2021, to prevent, prepare for, and GRANTS AND ADMINISTRATION
INDIAN HEALTH SERVICE respond to coronavirus, domestically or inter- For an additional amount for ‘‘Grants and
INDIAN HEALTH SERVICES nationally: Provided, That such amount is des- Administration’’, $75,000,000, to remain avail-
(INCLUDING TRANSFERS OF FUNDS) ignated by the Congress as being for an emer- able until September 30, 2021, to prevent, pre-
gency requirement pursuant to section pare for, and respond to coronavirus, domesti-
For an additional amount for ‘‘Indian Health
251(b)(2)(A)(i) of the Balanced Budget and cally or internationally, to be distributed in
Services’’, $1,032,000,000, to remain available
Emergency Deficit Control Act of 1985. grants: Provided, That such funds are available
until September 30, 2021, to prevent, prepare for,
and respond to coronavirus, domestically or SMITHSONIAN INSTITUTION under the same terms and conditions as grant
internationally, including for public health sup- SALARIES AND EXPENSES funding appropriated to this heading in Public
port, electronic health record modernization, Law 116–94: Provided further, That 40 percent
For an additional amount for ‘‘Salaries and of such funds shall be distributed to state hu-
telehealth and other information technology up- Expenses’’, $7,500,000, to remain available until
grades, Purchased/Referred Care, Catastrophic manities councils and 60 percent of such funds
September 30, 2021, to prevent, prepare for, and shall be for direct grants: Provided further,
Health Emergency Fund, Urban Indian Organi- respond to coronavirus, domestically or inter-
zations, Tribal Epidemiology Centers, Commu- That notwithstanding any other provision of
nationally, including funding for deep cleaning, law, such funds may also be used by the recipi-
nity Health Representatives, and other activities security, information technology, and staff
to protect the safety of patients and staff: Pro- ents of such grants for purposes of the general
overtime: Provided, That such amount is des- operations of such recipients: Provided further,
vided, That of the amount provided under this ignated by the Congress as being for an emer-
heading in this Act, up to $65,000,000 is for elec- That the matching requirements under sub-
gency requirement pursuant to section section (h)(2)(A) of section 7 of the National
tronic health record stabilization and support, 251(b)(2)(A)(i) of the Balanced Budget and
including for planning and tribal consultation: Foundation on the Arts and Humanities Act of
Emergency Deficit Control Act of 1985. 1965 may be waived with respect to such grants:
Provided further, That of amounts provided
JOHN F. KENNEDY CENTER FOR THE PERFORMING Provided further, That such amount is des-
under this heading in this Act, not less than
ARTS ignated by the Congress as being for an emer-
$450,000,000 shall be distributed through IHS di-
rectly operated programs and to tribes and tribal OPERATIONS AND MAINTENANCE gency requirement pursuant to section
organizations under the Indian Self-Determina- For an additional amount for ‘‘Operations 251(b)(2)(A)(i) of the Balanced Budget and
tion and Education Assistance Act and through and Maintenance’’, $25,000,000, to remain avail- Emergency Deficit Control Act of 1985.
contracts or grants with urban Indian organiza- able until September 30, 2021, to prevent, pre- TITLE VIII
tions under title V of the Indian Health Care pare for, and respond to coronavirus, domesti- DEPARTMENT OF LABOR
Improvement Act: Provided further, That any cally or internationally, including funding for
EMPLOYMENT AND TRAINING ADMINISTRATION
amounts provided in this paragraph not allo- deep cleaning and information technology to im-
cated pursuant to the preceding proviso shall be prove telework capability and for operations TRAINING AND EMPLOYMENT SERVICES
allocated at the discretion of the Director of the and maintenance requirements related to the For an additional amount for ‘‘Training and
Indian Health Service: Provided further, That consequences of coronavirus: Provided, That Employment Services’’, $345,000,000, to remain
of the funds provided herein, up to $125,000,000 notwithstanding the provisions of 20 U.S.C. 76h available through September 30, 2022, to pre-
may be transferred to and merged with the ‘‘In- et seq., funds provided under this heading in vent, prepare for, and respond to coronavirus,
dian Health Service, Indian Health Facilities’’ this Act shall be made available to cover oper- domestically or internationally, for necessary
appropriation at the discretion of the Director ating expenses required to ensure the continuity expenses for the dislocated workers assistance
for the purposes specified in this Act: Provided of the John F. Kennedy Center for the Per- national reserve: Provided, That the funds pro-
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further, That amounts provided under this forming Arts and its affiliates, including for em- vided under this heading in this Act may be
heading in this Act, if transferred to tribes and ployee compensation and benefits, grants, con- used to replace grant funds previously obligated
tribal organizations under the Indian Self-De- tracts, payments for rent or utilities, fees for to the impacted areas: Provided further, That
termination and Education Assistance Act, will artists or performers, information technology, such amount is designated by the Congress as
be transferred on a one-time basis and that and other administrative expenses: Provided being for an emergency requirement pursuant to
these non-recurring funds are not part of the further, That no later than October 31, 2020, the section 251(b)(2)(A)(i) of the Balanced Budget
amount required by 25 U.S.C. § 5325, and that Board of Trustees of the Center shall submit a and Emergency Deficit Control Act of 1985.
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H1802 CONGRESSIONAL RECORD — HOUSE March 27, 2020
DEPARTMENTAL MANAGEMENT priations of the House of Representatives and pare for, and respond to coronavirus, domesti-
SALARIES AND EXPENSES the Senate on the development of a public cally or internationally: Provided, That such
(INCLUDING TRANSFER OF FUNDS) health surveillance and data collection system amount is designated by the Congress as being
for coronavirus within 30 days of enactment of for an emergency requirement pursuant to sec-
For an additional amount for ‘‘Departmental
this Act: Provided further, That of the amount tion 251(b)(2)(A)(i) of the Balanced Budget and
Management’’, $15,000,000, to remain available
provided under this heading in this Act, Emergency Deficit Control Act of 1985.
through September 30, 2022, to prevent, prepare
$300,000,000 shall be transferred to and merged NATIONAL CENTER FOR ADVANCING
for, and respond to coronavirus, including to
with amounts in the Infectious Diseases Rapid TRANSLATIONAL SCIENCES
enforce worker protection laws and regulations,
Response Reserve Fund (‘‘Reserve Fund’’), es-
and to oversee and coordinate activities related For an additional amount for ‘‘National Cen-
tablished by section 231 of division B of Public
to division C, division D, division E, and divi- ter for Advancing Translational Sciences’’,
Law 115–245: Provided further, That the Sec-
sion F of Public Law 116–127: Provided, That $36,000,000, to remain available until September
retary of Health and Human Services, in con-
the Secretary of Labor may transfer the 30, 2024, to prevent, prepare for, and respond to
sultation with the Director of the CDC, shall
amounts provided under this heading in this Act coronavirus, domestically or internationally:
provide a report to the Committees on Appro-
as necessary to ‘‘Employee Benefits Security Ad- Provided, That such amount is designated by
priations of the House of Representatives and
ministration’’, ‘‘Wage and Hour Division’’, ‘‘Oc- the Congress as being for an emergency require-
the Senate every 14 days, for one year from the
cupational Safety and Health Administration’’, ment pursuant to section 251(b)(2)(A)(i) of the
date from any such declaration or determination
and ‘‘Employment and Training Administra- Balanced Budget and Emergency Deficit Con-
described in the third proviso of section 231 of
tion—Program Administration’’ to prevent, pre- trol Act of 1985.
division B of Public Law 115–245, that details
pare for, and respond to coronavirus, including OFFICE OF THE DIRECTOR
commitment and obligation information for the
for enforcement, oversight, and coordination ac-
Reserve Fund during the prior two weeks, as For an additional amount for ‘‘Office of the
tivities in those accounts: Provided further,
long as such report would detail obligations in Director’’, $30,000,000, to remain available until
That of the amount provided under this heading
excess of $5,000,000, and upon the request by September 30, 2024, to prevent, prepare for, and
in this Act, $1,000,000, to remain available until
such Committees: Provided further, That funds respond to coronavirus, domestically or inter-
expended, shall be transferred to ‘‘Office of In-
appropriated under this heading in this Act may nationally: Provided, That these funds shall be
spector General’’ for oversight of activities re-
be used for grants for the rent, lease, purchase, available for the Common Fund established
lated to Public Law 116–127 and for oversight
acquisition, construction, alteration, or renova- under section 402A(c)(1) of the PHS Act: Pro-
activities supported with funds appropriated to
tion of non-federally owned facilities to improve vided further, That such amount is designated
the Department of Labor to prevent, prepare for,
preparedness and response capability at the by the Congress as being for an emergency re-
and respond to coronavirus: Provided further,
State and local level: Provided further, That quirement pursuant to section 251(b)(2)(A)(i) of
That 15 days prior to transferring any funds
funds provided under this heading in this Act the Balanced Budget and Emergency Deficit
pursuant to the previous provisos under the
may be used for purchase and insurance of offi- Control Act of 1985.
heading in this Act, the Secretary shall provide
cial motor vehicles in foreign countries: Pro- SUBSTANCE ABUSE AND MENTAL HEALTH
to the Committees on Appropriations of the
vided further, That such amount is designated SERVICES ADMINISTRATION
House of Representatives and the Senate an op-
by the Congress as being for an emergency re-
erating plan describing the planned uses of each HEALTH SURVEILLANCE AND PROGRAM SUPPORT
quirement pursuant to section 251(b)(2)(A)(i) of
amount proposed to be transferred: Provided For an additional amount for ‘‘Heath Surveil-
the Balanced Budget and Emergency Deficit
further, That such amount is designated by the lance and Program Support’’, $425,000,000, to re-
Control Act of 1985.
Congress as being for an emergency requirement main available through September 30, 2021, to
pursuant to section 251(b)(2)(A)(i) of the Bal- NATIONAL INSTITUTES OF HEALTH
prevent, prepare for, and respond to
anced Budget and Emergency Deficit Control NATIONAL HEART, LUNG, AND BLOOD INSTITUTE coronavirus, domestically or internationally:
Act of 1985. For an additional amount for ‘‘National Provided, That of the amount appropriated
DEPARTMENT OF HEALTH AND HUMAN Heart, Lung, and Blood Institute’’, $103,400,000, under this heading in this Act, not less than
SERVICES to remain available until September 30, 2024, to $250,000,000 is available for Certified Community
CENTERS FOR DISEASE CONTROL AND prevent, prepare for, and respond to Behavioral Health Clinic Expansion Grant pro-
PREVENTION coronavirus, domestically or internationally: gram: Provided further, That of the amount ap-
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT Provided, That such amount is designated by propriated under this heading in this Act, not
(INCLUDING TRANSFER OF FUNDS) the Congress as being for an emergency require- less than $50,000,000 shall be available for sui-
ment pursuant to section 251(b)(2)(A)(i) of the cide prevention programs: Provided further,
For an additional amount for ‘‘CDC-Wide Ac-
Balanced Budget and Emergency Deficit Con- That of the amount appropriated under this
tivities and Program Support’’, $4,300,000,000, to
trol Act of 1985. heading in this Act, not less than $100,000,000 is
remain available until September 30, 2024, to
NATIONAL INSTITUTE OF ALLERGY AND available for activities authorized under section
prevent, prepare for, and respond to
INFECTIOUS DISEASES 501(o) of the Public Health Service Act: Provided
coronavirus, domestically or internationally:
further, That of the funding made available
Provided, That not less than $1,500,000,000 of For an additional amount for ‘‘National Insti-
under this heading in this Act, not less than
the amount provided under this heading in this tute of Allergy and Infectious Diseases’’,
$15,000,000 shall be allocated to tribes, tribal or-
Act shall be for grants to or cooperative agree- $706,000,000, to remain available until September
ganizations, urban Indian health organizations,
ments with States, localities, territories, tribes, 30, 2024, to prevent, prepare for, and respond to
or health or behavioral health service providers
tribal organizations, urban Indian health orga- coronavirus, domestically or internationally:
to tribes: Provided further, That such amount is
nizations, or health service providers to tribes, Provided, That not less than $156,000,000 of the
designated by the Congress as being for an
including to carry out surveillance, epidemi- amounts provided under this heading in this Act
emergency requirement pursuant to section
ology, laboratory capacity, infection control, shall be provided for the study of, construction
251(b)(2)(A)(i) of the Balanced Budget and
mitigation, communications, and other pre- of, demolition of, renovation of, and acquisition
Emergency Deficit Control Act of 1985.
paredness and response activities: Provided fur- of equipment for, vaccine and infectious dis-
ther, That every grantee that received a Public eases research facilities of or used by NIH, in- CENTERS FOR MEDICARE & MEDICAID SERVICES
Health Emergency Preparedness grant for fiscal cluding the acquisition of real property: Pro- PROGRAM MANAGEMENT
year 2019 shall receive not less than 100 percent vided further, That such amount is designated For an additional amount for ‘‘Program Man-
of that grant level from funds provided in the by the Congress as being for an emergency re- agement’’, $200,000,000, to remain available
first proviso under this heading in this Act: Pro- quirement pursuant to section 251(b)(2)(A)(i) of through September 30, 2023, to prevent, prepare
vided further, That of the amount in the first the Balanced Budget and Emergency Deficit for, and respond to coronavirus, domestically
proviso, not less than $125,000,000 shall be allo- Control Act of 1985. and internationally: Provided, That of the
cated to tribes, tribal organizations, urban In- NATIONAL INSTITUTE OF BIOMEDICAL IMAGING amount appropriated under this heading in this
dian health organizations, or health service pro- AND BIOENGINEERING Act, not less than $100,000,000 shall be available
viders to tribes: Provided further, That the Di- for necessary expenses of the survey and certifi-
For an additional amount for ‘‘National Insti-
rector of the Centers for Disease Control and cation program, prioritizing nursing home facili-
tute of Biomedical Imaging and Bio-
Prevention (‘‘CDC’’) may satisfy the funding ties in localities with community transmission of
engineering’’, $60,000,000, to remain available
thresholds outlined in the preceding two pro- coronavirus: Provided further, That such
until September 30, 2024, to prevent, prepare for,
visos by making awards through other grant or amount is designated by the Congress as being
and respond to coronavirus, domestically or
cooperative agreement mechanisms: Provided for an emergency requirement pursuant to sec-
internationally: Provided, That such amount is
further, That of the amount provided under this tion 251(b)(2)(A)(i) of the Balanced Budget and
designated by the Congress as being for an
heading in this Act, not less than $500,000,000 Emergency Deficit Control Act of 1985.
emergency requirement pursuant to section
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shall be for global disease detection and emer-
251(b)(2)(A)(i) of the Balanced Budget and ADMINISTRATION FOR CHILDREN AND FAMILIES
gency response: Provided further, That of the
Emergency Deficit Control Act of 1985. LOW INCOME HOME ENERGY ASSISTANCE
amount provided under this heading in this Act,
not less than $500,000,000 shall be for public NATIONAL LIBRARY OF MEDICINE For an additional amount for ‘‘Low Income
health data surveillance and analytics infra- For an additional amount for ‘‘National Li- Home Energy Assistance’’, $900,000,000, to re-
structure modernization: Provided further, That brary of Medicine’’, $10,000,000, to remain avail- main available through September 30, 2021, to
CDC shall report to the Committees on Appro- able until September 30, 2024, to prevent, pre- prevent, prepare for, or respond to coronavirus,
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1803
domestically or internationally, for making pay- which shall be used as follows: (1) $1,000,000,000 Provided, That of the amount made available
ments under subsection (b) of section 2602 of the for carrying out activities under sections 674 under this heading in this Act to prevent, pre-
Low-Income Home Energy Assistance Act of through 679 of the Community Services Block pare for, and respond to coronavirus,
1981 (42 U.S.C. 8621 et seq.): Provided, That of Grant Act, including for federal administrative $820,000,000 shall be for activities authorized
the amount provided under this heading in this expenses, and of which no part shall be subject under the Older Americans Act of 1965
Act, $225,000,000 shall be allocated as though to section 674(b)(3) of such Act: Provided, That (‘‘OAA’’), including $200,000,000 for supportive
the total appropriation for such payments for to the extent Community Services Block Grant services under part B of title III; $480,000,000 for
fiscal year 2020 was less than $1,975,000,000: funds are distributed as grant funds by a State nutrition services under subparts 1 and 2 of part
Provided further, That section 2607(b)(2)(B) of to an eligible entity as provided under such Act, C of title III; $20,000,000 for nutrition services
such Act (42 U.S.C. 8626(b)(2)(B)) shall not and have not been expended by such entity, under title VI; $100,000,000 for support services
apply to funds made available under this head- they shall remain with such entity for carryover for family caregivers under part E of title III;
ing in this Act in fiscal year 2020: Provided fur- into the next two fiscal years for expenditure by and $20,000,000 for elder rights protection activi-
ther, That such amount is designated by the such entity consistent with program purpose: ties, including the long-term ombudsman pro-
Congress as being for an emergency requirement Provided further, That for services furnished gram under title VII of such Act: Provided fur-
pursuant to section 251(b)(2)(A)(i) of the Bal- under such Act during fiscal years 2020 and ther, That of the amount made available under
anced Budget and Emergency Deficit Control 2021, States may apply the last sentence of sec- this heading in this Act, $50,000,000 shall be for
Act of 1985. tion 673(2) of such Act by substituting ‘‘200 per- aging and disability resource centers authorized
PAYMENTS TO STATES FOR THE CHILD CARE AND cent’’ for ‘‘125 percent’’; (2) $750,000,000 for in sections 202(b) and 411 of the OAA to prevent,
DEVELOPMENT BLOCK GRANT making payments under the Head Start Act, in- prepare for, and respond to coronavirus: Pro-
For an additional amount for ‘‘Payments to cluding for Federal administrative expenses, vided further, That of the amount made avail-
States for the Child Care and Development and allocated in an amount that bears the same able under this heading in this Act to prevent,
Block Grant’’, $3,500,000,000, to remain available ratio to such portion as the number of enrolled prepare for, and respond to coronavirus,
through September 30, 2021, to prevent, prepare children served by the agency involved bears to $85,000,000 shall be available for centers for
for, and respond to coronavirus, domestically or the number of enrolled children by all Head independent living that have received grants
internationally, including for federal adminis- Start agencies: Provided further, That none of funded under part C of chapter I of title VII of
trative expenses, which shall be used to supple- the funds appropriated in this paragraph shall the Rehabilitation Act of 1973: Provided further,
ment, not supplant State, Territory, and Tribal be included in the calculation of the ‘‘base That to facilitate State use of funds provided
general revenue funds for child care assistance grant’’ in subsequent fiscal years, as such term under this heading in this Act, matching re-
for low-income families within the United States is defined in sections 640(a)(7)(A), 641A(h)(1)(B), quirements under sections 304(d)(1)(D) and
(including territories) without regard to require- or 645(d)(3) of the Head Start Act: Provided fur- 373(g)(2) of the OAA shall not apply to funds
ments in sections 658E(c)(3)(D)–(E) or 658G of ther, That funds appropriated in this paragraph made available under this heading in this Act:
the Child Care and Development Block Grant are not subject to the allocation requirements of Provided further, That the transfer authority
Act: Provided, That funds provided under this section 640(a) of the Head Start Act: Provided under section 308(b)(4)(A) of the OAA shall
heading in this Act may be used to provide con- further, That up to $500,000,000 shall be avail- apply to funds made available under this head-
tinued payments and assistance to child care able for the purpose of operating supplemental ing in this Act by substituting ‘‘100 percent’’ for
providers in the case of decreased enrollment or summer programs through non-competitive ‘‘40 percent’’: Provided further, That the State
closures related to coronavirus, and to assure grant supplements to existing grantees deter- Long-Term Care Ombudsman shall have con-
they are able to remain open or reopen as ap- mined to be most ready to operate those pro- tinuing direct access (or other access through
propriate and applicable: Provided further, grams by the Office of Head Start; (3) $2,000,000 the use of technology) to residents of long-term
That States, Territories, and Tribes are encour- for the National Domestic Violence Hotline as care facilities during any portion of the public
aged to place conditions on payments to child authorized by section 303(b) of the Family Vio- health emergency relating to coronavirus begin-
care providers that ensure that child care pro- lence Prevention and Services Act: Provided fur- ning on the date of enactment of this Act and
viders use a portion of funds received to con- ther, That the Secretary may make such funds ending on September 30, 2020, to provide services
tinue to pay the salaries and wages of staff: available for providing hotline services remotely; described in section 712(a)(3)(B) of the OAA:
Provided further, That the Secretary shall re- (4) $45,000,000 for Family Violence Prevention Provided further, That such amount is des-
mind States that CCDBG State plans do not and Services formula grants as authorized by ignated by the Congress as being for an emer-
need to be amended prior to utilizing existing section 303(a) of the Family Violence and Pre- gency requirement pursuant to section
authorities in the CCDBG Act for the purposes vention and Services Act with such funds avail- 251(b)(2)(A)(i) of the Balanced Budget and
provided herein: Provided further, That States, able to grantees without regard to matching re- Emergency Deficit Control Act of 1985.
Territories, and Tribes are authorized to use quirements under section 306(c)(4) of such Act: OFFICE OF THE SECRETARY
funds appropriated under this heading in this Provided further, That the Secretary may make PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
Act to provide child care assistance to health such funds available for providing temporary FUND
care sector employees, emergency responders, housing and assistance to victims of family, do- (INCLUDING TRANSFER OF FUNDS)
sanitation workers, and other workers deemed mestic, and dating violence; (5) $25,000,000 for
For an additional amount for ‘‘Public Health
essential during the response to coronavirus by carrying out activities under the Runaway and
and Social Services Emergency Fund’’,
public officials, without regard to the income Homeless Youth Act: Provided further, That
$27,014,500,000, to remain available until Sep-
eligibility requirements of section 658P(4) of such amounts shall be used to supplement, not
tember 30, 2024, to prevent, prepare for, and re-
such Act: Provided further, That funds appro- supplant, existing funds and shall be available
spond to coronavirus, domestically or inter-
priated under this heading in this Act shall be without regard to matching requirements; (6)
nationally, including the development of nec-
available to eligible child care providers under $45,000,000 shall be used for child welfare serv-
essary countermeasures and vaccines,
section 658P(6) of the CCDBG Act, even if such ices as authorized by subpart 1 of part B of title
prioritizing platform-based technologies with
providers were not receiving CCDBG assistance IV of the Social Security Act (other than sec-
U.S.-based manufacturing capabilities, the pur-
prior to the public health emergency as a result tions 426, 427, and 429 of such subpart), with
chase of vaccines, therapeutics, diagnostics,
of the coronavirus, for the purposes of cleaning such funds available to grantees without regard
necessary medical supplies, as well as medical
and sanitation, and other activities necessary to to matching requirements under section 424(a) of
surge capacity, addressing blood supply chain,
maintain or resume the operation of programs: that Act or any applicable reductions in federal
workforce modernization, telehealth access and
Provided further, That payments made under financial participation under section 424(f) of
infrastructure, initial advanced manufacturing,
this heading in this Act may be obligated in this that Act; and (7) $7,000,000 for Federal adminis-
novel dispensing, enhancements to the U.S.
fiscal year or the succeeding two fiscal years: trative expenses: Provided further, That funds
Commissioned Corps, and other preparedness
Provided further, That funds appropriated appropriated under this heading in this Act may
and response activities: Provided, That funds
under this heading in this Act may be made be made available to restore amounts, either di-
appropriated under this paragraph in this Act
available to restore amounts, either directly or rectly or through reimbursement, for obligations
may be used to develop and demonstrate innova-
through reimbursement, for obligations incurred incurred to prevent, prepare for, and respond to
tions and enhancements to manufacturing plat-
to prevent, prepare for, and respond to coronavirus, domestically or internationally,
forms to support such capabilities: Provided fur-
coronavirus, domestically or internationally, prior to the date of enactment of this Act: Pro-
ther, That the Secretary of Health and Human
prior to the date of enactment of this Act: Pro- vided further, That such amount is designated
Services shall purchase vaccines developed
vided further, That such amount is designated by the Congress as being for an emergency re-
using funds made available under this para-
by the Congress as being for an emergency re- quirement pursuant to section 251(b)(2)(A)(i) of
graph in this Act to respond to an outbreak or
quirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
pandemic related to coronavirus in quantities
the Balanced Budget and Emergency Deficit Control Act of 1985.
determined by the Secretary to be adequate to
Control Act of 1985. ADMINISTRATION FOR COMMUNITY LIVING
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address the public health need: Provided fur-
CHILDREN AND FAMILIES SERVICES PROGRAMS AGING AND DISABILITY SERVICES PROGRAMS ther, That products purchased by the Federal
For an additional amount for ‘‘Children and For an additional amount for ‘‘Aging and government with funds made available under
Families Services Programs’’, $1,874,000,000, to Disability Services Programs’’, $955,000,000, to this paragraph in this Act, including vaccines,
remain available through September 30, 2021, to remain available until September 30, 2021, to therapeutics, and diagnostics, shall be pur-
prevent, prepare for, and respond to prevent, prepare for, and respond to chased in accordance with Federal Acquisition
coronavirus, domestically or internationally, coronavirus, domestically or internationally: Regulation guidance on fair and reasonable
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H1804 CONGRESSIONAL RECORD — HOUSE March 27, 2020
pricing: Provided further, That the Secretary ner that does not compromise national security, For an additional amount for ‘‘Public Health
may take such measures authorized under cur- report on, the security of the United States med- and Social Services Emergency Fund’’,
rent law to ensure that vaccines, therapeutics, ical product supply chain: Provided further, $100,000,000,000, to remain available until ex-
and diagnostics developed from funds provided That funds appropriated under this paragraph pended, to prevent, prepare for, and respond to
in this Act will be affordable in the commercial in this Act may be used for grants for the con- coronavirus, domestically or internationally, for
market: Provided further, That in carrying out struction, alteration, or renovation of non-fed- necessary expenses to reimburse, through grants
the previous proviso, the Secretary shall not erally owned facilities to improve preparedness or other mechanisms, eligible health care pro-
take actions that delay the development of such and response capability at the State and local viders for health care related expenses or lost
products: Provided further, That products pur- level: Provided further, That funds appropriated revenues that are attributable to coronavirus:
chased with funds appropriated under this under this paragraph in this Act may be used Provided, That these funds may not be used to
paragraph in this Act may, at the discretion of for the construction, alteration, or renovation of reimburse expenses or losses that have been re-
the Secretary of Health and Human Services, be non-federally owned facilities for the production imbursed from other sources or that other
deposited in the Strategic National Stockpile of vaccines, therapeutics, and diagnostics where sources are obligated to reimburse: Provided fur-
under section 319F–2 of the Public Health Serv- the Secretary determines that such a contract is ther, That recipients of payments under this
ice Act: Provided further, That of the amount necessary to secure sufficient amounts of such paragraph shall submit reports and maintain
appropriated under this paragraph in this Act, supplies: Provided further, That such amount is documentation as the Secretary determines are
not more than $16,000,000,000 shall be for the designated by the Congress as being for an needed to ensure compliance with conditions
Strategic National Stockpile under section 319F– emergency requirement pursuant to section that are imposed by this paragraph for such
2(a) of such Act: Provided further, That funds 251(b)(2)(A)(i) of the Balanced Budget and payments, and such reports and documentation
appropriated under this paragraph in this Act Emergency Deficit Control Act of 1985. shall be in such form, with such content, and in
may be transferred to, and merged with, the such time as the Secretary may prescribe for
For an additional amount for the ‘‘Public
fund authorized by section 319F–4, the Covered such purpose: Provided further, That ‘‘eligible
Health and Social Services Emergency Fund’’,
Countermeasure Process Fund, of the Public health care providers’’ means public entities,
$275,000,000, to remain available until September
Health Service Act: Provided further, That of Medicare or Medicaid enrolled suppliers and
30, 2022, to prevent, prepare for, and respond to
the amount appropriated under this paragraph providers, and such for-profit entities and not-
in this Act, not less than $250,000,000 shall be coronavirus, domestically or internationally:
for-profit entities not otherwise described in this
available for grants to or cooperative agree- Provided, That $90,000,000 of the funds appro-
proviso as the Secretary may specify, within the
ments with entities that are either grantees or priated under this paragraph shall be trans-
United States (including territories), that pro-
sub-grantees of the Hospital Preparedness Pro- ferred to ‘‘Health Resources and Services Ad-
vide diagnoses, testing, or care for individuals
gram authorized in section 319C–2 of the Public ministration—Ryan White HIV/AIDS Program’’
with possible or actual cases of COVID–19: Pro-
Health Service Act or that meet such other cri- to remain available until September 30, 2022 for
vided further, That the Secretary of Health and
teria as the Secretary may prescribe, with such modifications to existing contracts, and supple-
Human Services shall, on a rolling basis, review
awards issued under such section or section 311 ments to existing grants and cooperative agree-
applications and make payments under this
of such Act: Provided further, That of the ments under parts A, B, C, D, and section
paragraph in this Act: Provided further, That
amount provided under this paragraph in this 2692(a) of title XXVI of the Public Health Serv-
funds appropriated under this paragraph in this
Act, not less than $3,500,000,000 shall be avail- ice Act (referred to as ‘‘PHS’’ Act) to respond to
Act shall be available for building or construc-
able to the Biomedical Advanced Research and coronavirus, domestically or internationally:
tion of temporary structures, leasing of prop-
Development Authority for necessary expenses Provided further, That supplements made in the
erties, medical supplies and equipment including
of manufacturing, production, and purchase, at preceding proviso shall be awarded using a
personal protective equipment and testing sup-
the discretion of the Secretary, of vaccines, data-driven methodology determined by the Sec-
plies, increased workforce and trainings, emer-
therapeutics, diagnostics, and small molecule retary: Provided further, That sections 2604(c),
gency operation centers, retrofitting facilities,
active pharmaceutical ingredients, including the 2612(b), and 2651(c) of the PHS Act shall not
and surge capacity: Provided further, That, in
development, translation, and demonstration at apply to funds under this paragraph: Provided
this paragraph, the term ‘‘payment’’ means a
scale of innovations in manufacturing plat- further, That $5,000,000 of the funds appro-
pre-payment, prospective payment, or retrospec-
forms: Provided further, That funds in the pre- priated under this paragraph shall be trans-
tive payment, as determined appropriate by the
vious proviso may be used for the construction ferred to ‘‘Health Resources and Services Ad-
Secretary: Provided further, That payments
or renovation of U.S.-based next generation ministration—Health Care Systems’’ to remain
under this paragraph shall be made in consider-
manufacturing facilities, other than facilities available until September 30, 2022, for activities
ation of the most efficient payment systems
owned by the United States Government: Pro- under sections 1271 and 1273 of the PHS Act to
practicable to provide emergency payment: Pro-
vided further, That of the amount appropriated improve the capacity of poison control centers to
vided further, That to be eligible for a payment
under this paragraph in this Act, funds may be respond to increased calls: Provided further,
under this paragraph, an eligible health care
used to reimburse the Department of Veterans That $180,000,000 of the funds appropriated
provider shall submit to the Secretary of Health
Affairs for expenses incurred by the Veterans under this paragraph shall be transferred to
and Human Services an application that in-
Health Administration to prevent, prepare for, ‘‘Health Resources and Services Administra-
cludes a statement justifying the need of the
and respond to coronavirus, and to provide med- tion—Rural Health’’ to remain available until
provider for the payment and the eligible health
ical care for such purposes to individuals not September 30, 2022, to carry out telehealth and
care provider shall have a valid tax identifica-
otherwise eligible for care: Provided further, rural health activities under sections 330A and
tion number: Provided further, That, not later
That funds used for the preceding proviso shall 330I of the PHS Act and sections 711 and 1820 of
than 3 years after final payments are made
be made available to reimburse the Department the Social Security Act to prevent, prepare for,
under this paragraph, the Office of Inspector
of Veterans Affairs only if the Secretary of and respond to coronavirus, domestically or
General of the Department of Health and
Health and Human Services certifies to the Com- internationally: Provided further, That of the
Human Services shall transmit a final report on
mittees on Appropriations of the House of Rep- funding in the previous proviso, no less than
audit findings with respect to this program to
resentatives and the Senate that funds available $15,000,000 shall be allocated to tribes, tribal or-
the Committees on Appropriations of the House
for assignments under Public Law 93–288, as ganizations, urban Indian health organizations,
of Representatives and the Senate: Provided fur-
amended, are insufficient and such funds are or health service providers to tribes: Provided
ther, That nothing in this section limits the au-
necessary to reimburse the Department of Vet- further, That section 1820(g)(3)(A), section
thority of the Inspector General or the Comp-
erans Affairs for expenses incurred to provide 1820(g)(3)(D) and section 1820(g)(3)(E) of such
troller General to conduct audits of interim pay-
health care to civilians: Provided further, That Act shall not apply to funds in the preceding
ments at an earlier date: Provided further, That
the Secretary shall notify the Committees on Ap- two provisos: Provided further, That funds ap-
not later than 60 days after the date of enact-
propriations of the House of Representatives propriated under this heading in this Act may
ment of this Act, the Secretary of Health and
and the Senate not less than 3 days prior to be made available to restore amounts, either di-
Human Services shall provide a report to the
such certification: Provided further, That of the rectly or through reimbursement, for obligations
Committees on Appropriations of the House of
amounts appropriated under this paragraph in incurred to prevent, prepare for, and respond to
Representatives and the Senate on obligation of
this Act, not more than $289,000,000 may be coronavirus, domestically or internationally,
funds, including obligations to such eligible
transferred as necessary to other federal agen- prior to the date of enactment of this Act: Pro-
health care providers summarized by State of
cies for necessary expenses related to medical vided further, That for the purposes of any
the payment receipt: Provided further, That
care that are incurred to prevent, prepare for, funding provided for fiscal year 2020 for the
such reports shall be updated and submitted to
and respond to coronavirus for persons eligible Health Centers Program pursuant to section 330
such Committees every 60 days until funds are
for treatment pursuant to section 322 of the of the PHS Act (42 U.S.C. 254b), maintaining or
expended: Provided further, That such amount
Public Health Service Act, as amended, as deter- increasing health center capacity and staffing
is designated by the Congress as being for an
mined by the Secretary of the recipient agency: levels during a public health emergency related
emergency requirement pursuant to section
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Provided further, That of the amount appro- to coronavirus shall be deemed a cost of preven-
251(b)(2)(A)(i) of the Balanced Budget and
priated under this paragraph in this Act, tion, diagnosis, and treatment of coronavirus:
Emergency Deficit Control Act of 1985.
$1,500,000 shall be available for the Secretary to Provided further, That such amount is des-
enter into an agreement with the National ignated by the Congress as being for an emer- DEPARTMENT OF EDUCATION
Academies of Sciences, Engineering, and Medi- gency requirement pursuant to section EDUCATION STABILIZATION FUND
cine not later than 60 days after the date of en- 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Education Sta-
actment of this Act to examine, and, in a man- Emergency Deficit Control Act of 1985. bilization Fund’’, $30,750,000,000, to remain
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1805
available through September 30, 2021, to pre- (d) REALLOCATION.—Each Governor shall re- (9) Purchasing educational technology (in-
vent, prepare for, and respond to coronavirus, turn to the Secretary any funds received under cluding hardware, software, and connectivity)
domestically or internationally: Provided, That this section that the Governor does not award for students who are served by the local edu-
such amount is designated by the Congress as within one year of receiving such funds and the cational agency that aids in regular and sub-
being for an emergency requirement pursuant to Secretary shall reallocate such funds to the re- stantive educational interaction between stu-
section 251(b)(2)(A)(i) of the Balanced Budget maining States in accordance with subsection dents and their classroom instructors, including
and Emergency Deficit Control Act of 1985. (b). low-income students and students with disabil-
GENERAL PROVISIONS ELEMENTARY AND SECONDARY SCHOOL ities, which may include assistive technology or
EMERGENCY RELIEF FUND adaptive equipment.
EDUCATION STABILIZATION FUND
(10) Providing mental health services and sup-
SEC. 18001. (a) ALLOCATIONS.—From the SEC. 18003. (a) GRANTS.—From funds reserved
ports.
amount made available under this heading in under section 18001(b)(2) of this title, the Sec-
(11) Planning and implementing activities re-
this Act to carry out the Education Stabilization retary shall make elementary and secondary
lated to summer learning and supplemental
Fund, the Secretary shall first allocate— school emergency relief grants to each State
afterschool programs, including providing class-
(1) not more than 1/2 of 1 percent to the out- educational agency with an approved applica-
room instruction or online learning during the
lying areas on the basis of their respective tion. The Secretary shall issue a notice inviting
summer months and addressing the needs of
needs, as determined by the Secretary, in con- applications not later than 30 days of enactment
low-income students, students with disabilities,
sultation with the Secretary of the Interior; of this Act and approve or deny applications not
English learners, migrant students, students ex-
(2) one-half of 1 percent for the Secretary of later than 30 days after receipt.
periencing homelessness, and children in foster
Interior, in consultation with the Secretary of (b) ALLOCATIONS TO STATES.—The amount of
care.
Education, for programs operated or funded by each grant under subsection (a) shall be allo-
(12) Other activities that are necessary to
the Bureau of Indian Education; and cated by the Secretary to each State in the same
maintain the operation of and continuity of
(3) 1 percent for grants to States with the proportion as each State received under part A
services in local educational agencies and con-
highest coronavirus burden to support activities of title I of the ESEA of 1965 in the most recent
tinuing to employ existing staff of the local edu-
under this heading in this Act, for which the fiscal year.
cational agency.
Secretary shall issue a notice inviting applica- (c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
(e) STATE FUNDING.—With funds not other-
tions not later than 30 days of enactment of this CIES.—Each State shall allocate not less than 90
wise allocated under subsection (c), a State may
Act and approve or deny applications not later percent of the grant funds awarded to the State
reserve not more than 1/2 of 1 percent for admin-
than 30 days after receipt. under this section as subgrants to local edu-
istrative costs and the remainder for emergency
(b) RESERVATIONS.—After carrying out sub- cational agencies (including charter schools
needs as determined by the state educational
section (a), the Secretary shall reserve the re- that are local educational agencies) in the State
agency to address issues responding to
maining funds made available as follows: in proportion to the amount of funds such local
coronavirus, which may be addressed through
(1) 9.8 percent to carry out section 18002 of educational agencies and charter schools that
the use of grants or contracts.
this title. are local educational agencies received under
(f) REALLOCATION.—A State shall return to
(2) 43.9 percent to carry out section 18003 of part A of title I of the ESEA of 1965 in the most
the Secretary any funds received under this sec-
this title. recent fiscal year.
tion that the State does not award within 1 year
(3) 46.3 percent to carry out section 18004 of (d) USES OF FUNDS.—A local educational
of receiving such funds and the Secretary shall
this title. agency that receives funds under this title may
reallocate such funds to the remaining States in
use the funds for any of the following:
GOVERNOR’S EMERGENCY EDUCATION RELIEF accordance with subsection (b).
(1) Any activity authorized by the ESEA of
FUND 1965, including the Native Hawaiian Education HIGHER EDUCATION EMERGENCY RELIEF FUND
SEC. 18002. (a) GRANTS.—From funds reserved Act and the Alaska Native Educational Equity, SEC. 18004. (a) IN GENERAL.—The Secretary
under section 18001(b)(1) of this title, the Sec- Support, and Assistance Act (20 U.S.C. 6301 et shall allocate funding under this section as fol-
retary shall make Emergency Education Relief seq.), the Individuals with Disabilities Edu- lows:
grants to the Governor of each State with an cation Act (20 U.S.C. 1400 et seq.) (‘‘IDEA’’), the (1) 90 percent to each institution of higher
approved application. The Secretary shall issue Adult Education and Family Literacy Act (20 education to prevent, prepare for, and respond
a notice inviting applications not later than 30 U.S.C. 1400 et seq.), the Carl D. Perkins Career to coronavirus, by apportioning it—
days of enactment of this Act and shall approve and Technical Education Act of 2006 (20 U.S.C. (A) 75 percent according to the relative share
or deny applications not later than 30 days after 2301 et seq.) (‘‘the Perkins Act’’), or subtitle B of of full-time equivalent enrollment of Federal
receipt. title VII of the McKinney-Vento Homeless As- Pell Grant recipients who are not exclusively
(b) ALLOCATIONS.—The amount of each grant sistance Act (42 U.S.C. 11431 et seq.). enrolled in distance education courses prior to
under subsection (a) shall be allocated by the (2) Coordination of preparedness and response the coronavirus emergency; and
Secretary to each State as follows: efforts of local educational agencies with State, (B) 25 percent according to the relative share
(1) 60 percent on the basis of their relative local, Tribal, and territorial public health de- of full-time equivalent enrollment of students
population of individuals aged 5 through 24. partments, and other relevant agencies, to im- who were not Federal Pell Grant recipients who
(2) 40 percent on the basis of their relative prove coordinated responses among such entities are not exclusively enrolled in distance edu-
number of children counted under section to prevent, prepare for, and respond to cation courses prior to the coronavirus emer-
1124(c) of the Elementary and Secondary Edu- coronavirus. gency.
cation Act of 1965 (referred to under this head- (3) Providing principals and others school (2) 7.5 percent for additional awards under
ing as ‘‘ESEA’’). leaders with the resources necessary to address parts A and B of title III, parts A and B of title
(c) USES OF FUNDS.—Grant funds awarded the needs of their individual schools. V, and subpart 4 of part A of title VII of the
under subsection (b) may be used to— (4) Activities to address the unique needs of Higher Education Act to address needs directly
(1) provide emergency support through grants low-income children or students, children with related to coronavirus, that shall be in addition
to local educational agencies that the State edu- disabilities, English learners, racial and ethnic to awards made in section 18004(a)(1) of this
cational agency deems have been most signifi- minorities, students experiencing homelessness, title, and allocated by the Secretary proportion-
cantly impacted by coronavirus to support the and foster care youth, including how outreach ally to such programs based on the relative
ability of such local educational agencies to and service delivery will meet the needs of each share of funding appropriated to such programs
continue to provide educational services to their population. in the Further Consolidated Appropriations Act,
students and to support the on-going (5) Developing and implementing procedures 2020 (Public Law 116–94) and which may be used
functionality of the local educational agency; and systems to improve the preparedness and re- to defray expenses (including lost revenue, reim-
(2) provide emergency support through grants sponse efforts of local educational agencies. bursement for expenses already incurred, tech-
to institutions of higher education serving stu- (6) Training and professional development for nology costs associated with a transition to dis-
dents within the State that the Governor deter- staff of the local educational agency on sanita- tance education, faculty and staff trainings,
mines have been most significantly impacted by tion and minimizing the spread of infectious dis- payroll) incurred by institutions of higher edu-
coronavirus to support the ability of such insti- eases. cation and for grants to students for any compo-
tutions to continue to provide educational serv- (7) Purchasing supplies to sanitize and clean nent of the student’s cost of attendance (as de-
ices and support the on-going functionality of the facilities of a local educational agency, in- fined under section 472 of the Higher Education
the institution; and cluding buildings operated by such agency. Act), including food, housing, course materials,
(3) provide support to any other institution of (8) Planning for and coordinating during technology, health care, and child care.
higher education, local educational agency, or long-term closures, including for how to provide (3) 2.5 percent for part B of title VII of the
education related entity within the State that meals to eligible students, how to provide tech- Higher Education Act for institutions of higher
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the Governor deems essential for carrying out nology for online learning to all students, how education that the Secretary determines have
emergency educational services to students for to provide guidance for carrying out require- the greatest unmet needs related to coronavirus,
authorized activities described in section ments under the Individuals with Disabilities which may be used to defray expenses (includ-
18003(d)(1) of this title or the Higher Education Education Act (20 U.S.C. 1401 et seq.) and how ing lost revenue, reimbursement for expenses al-
Act, the provision of child care and early child- to ensure other educational services can con- ready incurred, technology costs associated with
hood education, social and emotional support, tinue to be provided consistent with all Federal, a transition to distance education, faculty and
and the protection of education-related jobs. State, and local requirements. staff trainings, payroll) incurred by institutions
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H1806 CONGRESSIONAL RECORD — HOUSE March 27, 2020
of higher education and for grants to students Higher Education Act of 1965 (20 U.S.C. 1001 et 251(b)(2)(A)(i) of the Balanced Budget and
for any component of the student’s cost of at- seq.); Emergency Deficit Control Act of 1985.
tendance (as defined under section 472 of the (3) the term ‘‘Secretary’’ means the Secretary HOWARD UNIVERSITY
Higher Education Act), including food, housing, of Education;
For an additional amount for ‘‘Howard Uni-
course materials, technology, health care, and (4) the term ‘‘State’’ means each of the 50
versity’’, $13,000,000, to remain available
child care. States, the District of Columbia, and the Com-
through September 30, 2021, to prevent, prepare
(b) DISTRIBUTION.—The funds made available monwealth of Puerto Rico;
(5) the term ‘‘cost of attendance’’ has the for, and respond to coronavirus, domestically or
to each institution under subsection (a)(1) shall
meaning given such term in section 472 of the internationally, including to help defray the ex-
be distributed by the Secretary using the same
Higher Education Act of 1965. penses directly caused by coronavirus and to en-
systems as the Secretary otherwise distributes
(6) the term ‘‘Non-public school’’ means a able grants to students for expenses directly re-
funding to each institution under title IV of the
non-public elementary and secondary school lated to coronavirus and the disruption of uni-
Higher Education Act of 1965 (20 U.S.C. 1001 et
that (A) is accredited, licensed, or otherwise op- versity operations: Provided, That such amount
seq.).
erates in accordance with State law; and (B) is designated by the Congress as being for an
(c) USES OF FUNDS.—Except as otherwise spec-
was in existence prior to the date of the quali- emergency requirement pursuant to section
ified in subsection (a), an institution of higher
fying emergency for which grants are awarded 251(b)(2)(A)(i) of the Balanced Budget and
education receiving funds under this section
under this section; Emergency Deficit Control Act of 1985.
may use the funds received to cover any costs
associated with significant changes to the deliv- (7) the term ‘‘public school’’ means a public el- DEPARTMENTAL MANAGEMENT
ery of instruction due to the coronavirus, so ementary or secondary school; and PROGRAM ADMINISTRATION
long as such costs do not include payment to (8) any other term used that is defined in sec- For an additional amount for ‘‘Program Ad-
contractors for the provision of pre-enrollment tion 8101 of the Elementary and Secondary Edu- ministration’’, $8,000,000, to remain available
recruitment activities; endowments; or capital cation Act of 1965 (20 U.S.C. 7801) shall have the through September 30, 2021 to prevent, prepare
outlays associated with facilities related to ath- meaning given the term in such section. for, and respond to coronavirus, domestically or
letics, sectarian instruction, or religious wor- MAINTENANCE OF EFFORT internationally: Provided, That such amount is
ship. Institutions of higher education shall use SEC. 18008. (a) A State’s application for funds designated by the Congress as being for an
no less than 50 percent of such funds to provide to carry out sections 18002 or 18003 of this title emergency requirement pursuant to section
emergency financial aid grants to students for shall include assurances that the State will 251(b)(2)(A)(i) of the Balanced Budget and
expenses related to the disruption of campus op- maintain support for elementary and secondary Emergency Deficit Control Act of 1985.
erations due to coronavirus (including eligible education, and State support for higher edu- OFFICE OF THE INSPECTOR GENERAL
expenses under a student’s cost of attendance, cation (which shall include State funding to in- For an additional amount for ‘‘Office of the
such as food, housing, course materials, tech- stitutions of higher education and state need- Inspector General’’, $7,000,000, to remain avail-
nology, health care, and child care). based financial aid, and shall not include sup- able through September 30, 2022, to prevent, pre-
(d) SPECIAL PROVISIONS.—(1) In awarding port for capital projects or for research and de-
grants under section 18004(a)(3) of this title, the pare for, and respond to coronavirus, domesti-
velopment or tuition and fees paid by students) cally or internationally, including for salaries
Secretary shall give priority to any institution in fiscal years 2020 and 2021 at least at the levels
of higher education that is not otherwise eligible and expenses necessary for oversight and audit
of such support that is the average of such of programs, grants, and projects funded in this
for funding under paragraphs (1) and (2) of sec- State’s support for elementary and secondary
tion 18004(a) of this title of at least $500,000 and Act to respond to coronavirus: Provided, That
education and for higher education provided in such amount is designated by the Congress as
demonstrates significant unmet needs related to the 3 fiscal years preceding the date of enact-
expenses associated with coronavirus. being for an emergency requirement pursuant to
ment of this Act. section 251(b)(2)(A)(i) of the Balanced Budget
(2) A Historically Black College and Univer- (b) The secretary may waive the requirement
sity or a Minority Serving Institution may use and Emergency Deficit Control Act of 1985.
in subsection (a) for the purpose of relieving fis-
prior awards provided under titles III, V, and cal burdens on States that have experienced a CORPORATION FOR PUBLIC BROADCASTING
VII of the Higher Education Act to prevent, pre- precipitous decline in financial resources. For an additional amount for ‘‘Corporation
pare for, and respond to coronavirus. SAFE SCHOOLS AND CITIZENSHIP EDUCATION for Public Broadcasting’’, $75,000,000, to remain
(e) REPORT.—An institution receiving funds available through September 30, 2021, to pre-
under this section shall submit a report to the For an additional amount for ‘‘Safe Schools
vent, prepare for, and respond to coronavirus,
Secretary, at such time and in such manner as and Citizenship Education’’, $100,000,000, to re-
including for fiscal stabilization grants to public
the Secretary may require, that describes the use main available through September 30, 2021, to
telecommunications entities, as defined by 47
of funds provided under this section. prevent, prepare for, and respond to
U.S.C. 397(12), with no deduction for adminis-
coronavirus, domestically or internationally, to
ASSISTANCE TO NON-PUBLIC SCHOOLS trative or other costs of the Corporation, to
supplement funds otherwise available for
SEC. 18005. (a) IN GENERAL.—A local edu- maintain programming and services and pre-
‘‘Project SERV’’, including to help elementary,
cational agency receiving funds under sections serve small and rural stations threatened by de-
secondary and postsecondary schools clean and
18002 or 18003 of this title shall provide equitable clines in non-Federal revenues: Provided, That
disinfect affected schools, and assist in coun-
services in the same manner as provided under such amount is designated by the Congress as
seling and distance learning and associated
section 1117 of the ESEA of 1965 to students and being for an emergency requirement pursuant to
costs: Provided, That such amount is designated
teachers in non-public schools, as determined in section 251(b)(2)(A)(i) of the Balanced Budget
by the Congress as being for an emergency re-
consultation with representatives of non-public and Emergency Deficit Control Act of 1985.
quirement pursuant to section 251(b)(2)(A)(i) of
schools. the Balanced Budget and Emergency Deficit INSTITUTE OF MUSEUM AND LIBRARY SERVICES
(b) PUBLIC CONTROL OF FUNDS.—The control Control Act of 1985. OFFICE OF MUSEUM AND LIBRARY SERVICES:
of funds for the services and assistance provided GALLAUDET UNIVERSITY GRANTS AND ADMINISTRATION
to a non-public school under subsection (a), and For an additional amount for ‘‘Institute of
For an additional amount for ‘‘Gallaudet Uni-
title to materials, equipment, and property pur- Museum and Library Services’’, $50,000,000, to
versity’’, $7,000,000, to remain available through
chased with such funds, shall be in a public remain available until September 30, 2021, to
September 30, 2021, to prevent, prepare for, and
agency, and a public agency shall administer prevent, prepare for, and respond to
respond to coronavirus, domestically or inter-
such funds, materials, equipment, and property coronavirus, including grants to States, terri-
nationally, including to help defray the ex-
and shall provide such services (or may contract tories and tribes to expand digital network ac-
penses directly caused by coronavirus and to en-
for the provision of such services with a public cess, purchase internet accessible devices, and
able grants to students for expenses directly re-
or private entity). provide technical support services: Provided,
lated to coronavirus and the disruption of uni-
CONTINUED PAYMENT TO EMPLOYEES versity operations: Provided, That such amount That any matching funds requirements for
SEC. 18006. A local educational agency, State, is designated by the Congress as being for an States, tribes, libraries, and museums are waived
institution of higher education, or other entity emergency requirement pursuant to section for grants provided with funds made available
that receives funds under ‘‘Education Stabiliza- 251(b)(2)(A)(i) of the Balanced Budget and under this heading in this Act: Provided fur-
tion Fund’’, shall to the greatest extent prac- Emergency Deficit Control Act of 1985. ther, That such amount is designated by the
ticable, continue to pay its employees and con- Congress as being for an emergency requirement
STUDENT AID ADMINISTRATION
tractors during the period of any disruptions or pursuant to section 251(b)(2)(A)(i) of the Bal-
For an additional amount for ‘‘Student Aid anced Budget and Emergency Deficit Control
closures related to coronavirus.
Administration’’, $40,000,000, to remain avail- Act of 1985.
DEFINITIONS able through September 30, 2021, to prevent, pre-
RAILROAD RETIREMENT BOARD
SEC. 18007. Except as otherwise provided in pare for, and respond to coronavirus, domesti-
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sections 18001–18006 of this title, as used in such cally or internationally, for carrying out part D LIMITATION ON ADMINISTRATION
sections— of title I, and subparts 1, 3, 9 and 10 of part A, For an additional amount for the ‘‘Railroad
(1) the terms ‘‘elementary education’’ and and parts B, C, D, and E of title IV of the HEA, Retirement Board’’, $5,000,000, to remain avail-
‘‘secondary education’’ have the meaning given and subpart 1 of part A of title VII of the Public able until September 30, 2021, to prevent, pre-
such terms under State law; Health Service Act: Provided, That such amount pare for, and respond to coronavirus, including
(2) the term ‘‘institution of higher education’’ is designated by the Congress as being for an the purchase of information technology equip-
has the meaning given such term in title I of the emergency requirement pursuant to section ment to improve the mobility of the workforce
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1807
and provide for additional hiring or overtime pay’’ means the premium pay paid under the to reimburse costs incurred prior to the enact-
hours as needed to administer the Railroad Un- provisions of law cited in section 5547(a). ment of this Act, under other transaction au-
employment Insurance Act: Provided, That such (3) For purposes of applying this subsection to thority and related to screening for coronavirus,
amount is designated by the Congress as being an employee under a premium pay limit estab- domestically or internationally.
for an emergency requirement pursuant to sec- lished under an authority other than section (b) The term coronavirus has the meaning
tion 251(b)(2)(A)(i) of the Balanced Budget and 5547 of title 5, United States Code, the agency given the term in section 506 of the Coronavirus
Emergency Deficit Control Act of 1985. responsible for administering such limit shall de- Preparedness and Response Supplemental Ap-
SOCIAL SECURITY ADMINISTRATION termine what payments are considered premium propriations Act, 2020.
pay. (c) The amounts repurposed in this section
LIMITATION ON ADMINISTRATIVE EXPENSES
(e) This section shall take effect as if enacted that were previously designated by the Congress
For an additional amount for ‘‘Limitation on on February 2, 2020. as an emergency requirement pursuant to the
Administrative Expenses’’, $300,000,000, to re- (f) If application of this section results in the Balanced Budget and Emergency Deficit Con-
main available through September 30, 2021 to payment of additional premium pay to a covered trol Act of 1985 are designated by the Congress
prevent, prepare for, and respond to employee of a type that is normally creditable as as an emergency requirement pursuant to sec-
coronavirus, domestically or internationally, in- basic pay for retirement or any other purpose, tion 251(b)(2)(A)(i) of the Balanced Budget and
cluding paying the salaries and benefits of all that additional pay shall not— Emergency Deficit Control Act of 1985.
employees affected as a result of office closures, (1) be considered to be basic pay of the cov-
SEC. 18115. (a) IN GENERAL.—Every laboratory
telework, phone and communication services for ered employee for any purpose; or
that performs or analyzes a test that is intended
employees, overtime costs, and supplies, and for (2) be used in computing a lump-sum payment
to detect SARS–CoV–2 or to diagnose a possible
resources necessary for processing disability and to the covered employee for accumulated and
case of COVID–19 shall report the results from
retirement workloads and backlogs: Provided, accrued annual leave under section 5551 or sec-
each such test, to the Secretary of Health and
That such amount is designated by the Congress tion 5552 of title 5, United States Code.
SEC. 18111. Funds appropriated by this title to Human Services in such form and manner, and
as being for an emergency requirement pursuant at such timing and frequency, as the Secretary
to section 251(b)(2)(A)(i) of the Balanced Budget the heading ‘‘Department of Health and Human
Services’’ may be transferred to, and merged may prescribe until the end of the Secretary’s
and Emergency Deficit Control Act of 1985. Public Health Emergency declaration with re-
GENERAL PROVISIONS—THIS TITLE with, other appropriation accounts under the
headings ‘‘Centers for Disease Control and Pre- spect to COVID–19 or any extension of such dec-
(INCLUDING TRANSFER OF FUNDS) vention’’, ‘‘Public Health and Social Services laration.
SEC. 18108. Funds appropriated by this title Emergency Fund’’, ‘‘Administration for Chil- (b) LABORATORIES COVERED.—The Secretary
may be used by the Secretary of the Department dren and Families’’, ‘‘Administration for Com- may prescribe which laboratories must submit
of Health and Human Services to appoint, with- munity Living’’, and ‘‘National Institutes of reports pursuant to this section.
out regard to the provisions of sections 3309 Health’’ to prevent, prepare for, and respond to (c) IMPLEMENTATION.—The Secretary may
through 3319 of title 5 of the United States Code, coronavirus following consultation with the Of- make prescriptions under this section by regula-
candidates needed for positions to perform crit- fice of Management and Budget: Provided, That tion, including by interim final rule, or by guid-
ical work relating to coronavirus for which— the Committees on Appropriations of the House ance, and may issue such regulations or guid-
(1) public notice has been given; and of Representatives and the Senate shall be noti- ance without regard to the procedures otherwise
(2) the Secretary of Health and Human Serv- fied 10 days in advance of any such transfer: required by section 553 of title 5, United States
ices has determined that such a public health Provided further, That, upon a determination Code.
threat exists. that all or part of the funds transferred from an (d) REPEALER.—Section 1702 of division A of
SEC. 18109. Funds made available by this title appropriation by this title are not necessary, the Families First Coronavirus Response Act is
may be used to enter into contracts with indi- such amounts may be transferred back to that repealed.
viduals for the provision of personal services (as appropriation: Provided further, That none of TITLE IX
described in section 104 of part 37 of title 48, the funds made available by this title may be LEGISLATIVE BRANCH
Code of Federal Regulations (48 CFR 37.104)) to transferred pursuant to the authority in section
support the prevention of, preparation for, or 205 of division A of Public Law 116–94 or section SENATE
response to coronavirus, domestically and inter- 241(a) of the PHS Act. CONTINGENT EXPENSES OF THE SENATE
nationally, subject to prior notification to the SEC. 18112. Not later than 30 days after the SERGEANT AT ARMS AND DOORKEEPER OF THE
Committees on Appropriations of the House of date of enactment of this Act, the Secretary of SENATE
Representatives and the Senate: Provided, That Health and Human Services shall provide a de-
For an additional amount for ‘‘Sergeant at
such individuals may not be deemed employees tailed spend plan of anticipated uses of funds
Arms and Doorkeeper of the Senate’’, $1,000,000,
of the United States for the purpose of any law made available to the Department of Health and
to remain available until expended, to prevent,
administered by the Office of Personnel Man- Human Services in this Act, including estimated
prepare for, and respond to coronavirus, domes-
agement: Provided further, That the authority personnel and administrative costs, to the Com-
tically or internationally: Provided, That such
made available pursuant to this section shall ex- mittees on Appropriations of the House of Rep-
amount is designated by the Congress as being
pire on September 30, 2024. resentatives and the Senate: Provided, That
SEC. 18110. (a) If services performed by an em- for an emergency requirement pursuant to sec-
such plans shall be updated and submitted to
ployee during fiscal year 2020 are determined by tion 251(b)(2)(A)(i) of the Balanced Budget and
such Committees every 60 days until September
the head of the agency to be primarily related to Emergency Deficit Control Act of 1985.
30, 2024: Provided further, That the spend plans
preparation, prevention, or response to shall be accompanied by a listing of each con- MISCELLANEOUS ITEMS
coronavirus, any premium pay for such services tract obligation incurred that exceeds $5,000,000 For an additional amount for ‘‘Miscellaneous
shall be disregarded in calculating the aggregate which has not previously been reported, includ- Items’’, $9,000,000, to remain available until ex-
of such employee’s basic pay and premium pay ing the amount of each such obligation. pended, to prevent, prepare for, and respond to
for purposes of a limitation under section SEC. 18113. Of the funds appropriated by this coronavirus, domestically or internationally,
5547(a) of title 5, United States Code, or under title under the heading ‘‘Public Health and So- subject to approval by the Committee on Appro-
any other provision of law, whether such em- cial Services Emergency Fund’’, up to $4,000,000 priations of the Senate and the Senate Com-
ployee’s pay is paid on a biweekly or calendar shall be transferred to, and merged with, funds mittee on Rules and Administration: Provided,
year basis. made available under the heading ‘‘Office of the That such amount is designated by the Congress
(b) Any overtime pay for such services shall be Secretary, Office of Inspector General’’, and as being for an emergency requirement pursuant
disregarded in calculating any annual limit on shall remain available until expended, for over- to section 251(b)(2)(A)(i) of the Balanced Budget
the amount of overtime pay payable in a cal- sight of activities supported with funds appro- and Emergency Deficit Control Act of 1985.
endar or fiscal year. priated to the Department of Health and Human HOUSE OF REPRESENTATIVES
(c) With regard to such services, any pay that Services to prevent, prepare for, and respond to
is disregarded under either subsection (a) or (b) coronavirus, domestically or internationally: SALARIES AND EXPENSES
shall be disregarded in calculating such employ- Provided, That the Inspector General of the De- For an additional amount for ‘‘Salaries and
ee’s aggregate pay for purposes of the limitation partment of Health and Human Services shall Expenses’’, $25,000,000, to remain available until
in section 5307 of such title 5. consult with the Committees on Appropriations September 30, 2021, except that $5,000,000 shall
(d)(1) Pay that is disregarded under sub- of the House of Representatives and the Senate remain available until expended, to prevent,
section (a) or (b) shall not cause the aggregate prior to obligating such funds: Provided further, prepare for, and respond to coronavirus, domes-
of the employee’s basic pay and premium pay That the transfer authority provided by this sec- tically or internationally, to be allocated in ac-
for the applicable calendar year to exceed the tion is in addition to any other transfer author- cordance with a spend plan submitted to the
rate of basic pay payable for a position at level ity provided by law. Committee on Appropriations of the House of
dlhill on DSKBBY8HB2PROD with HOUSE
II of the Executive Schedule under section 5313 SEC. 18114. (a) Funds appropriated in title III Representatives by the Chief Administrative Of-
of title 5, United States Code, as in effect at the of the Coronavirus Preparedness and Response ficer and approved by such Committee: Pro-
end of such calendar year. Supplemental Appropriations Act, 2020 (Public vided, That such amount is designated by the
(2) For purposes of applying this subsection to Law 116–123) shall be paid to the ‘‘Department Congress as being for an emergency requirement
an employee who would otherwise be subject to of Homeland Security—Countering Weapons of pursuant to section 251(b)(2)(A)(i) of the Bal-
the premium pay limits established under section Mass Destruction Office—Federal anced Budget and Emergency Deficit Control
5547 of title 5, United States Code, ‘‘premium Assistance’’account for costs incurred, including Act of 1985.
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H1808 CONGRESSIONAL RECORD — HOUSE March 27, 2020
JOINT ITEMS House of Representatives and the Senate a April 1, 2020, to September 30, 2020, for employ-
OFFICE OF THE ATTENDING PHYSICIAN spend plan specifying funding estimates and a ees of such Center who have been ordered to
timeline for such audits and investigations: Pro- cease working due to measures taken in the
For an additional amount for ‘‘Office of the
vided further, That $600,000 shall be made avail- Capitol complex to combat coronavirus, not to
Attending Physician’’, $400,000, to remain avail-
able to the Tiny Findings Child Development exceed $113,000 per month, from amounts in the
able until expended, to prevent, prepare for, and
Center, subject to approval by the Committees appropriations account ‘‘Library of Congress—
respond to coronavirus, domestically or inter-
on Appropriations of the Senate and House of Salaries and Expenses’’.
nationally: Provided, That such amount is des-
Representatives, the Senate Committee on Rules AUTHORIZING PAYMENTS UNDER SERVICE CON-
ignated by the Congress as being for an emer-
and Administration, and the Committee on TRACTS DURING THE CORONAVIRUS EMERGENCY
gency requirement pursuant to section
House Administration: Provided further, That SEC. 19005. (a) AUTHORIZING PAYMENTS.—Not-
251(b)(2)(A)(i) of the Balanced Budget and
such amount is designated by the Congress as withstanding section 3324(a) of title 31, United
Emergency Deficit Control Act of 1985.
being for an emergency requirement pursuant to States Code, or any other provision of law and
CAPITOL POLICE section 251(b)(2)(A)(i) of the Balanced Budget subject to subsection (b), if the employees of a
SALARIES and Emergency Deficit Control Act of 1985. contractor with a service contract with the Ar-
For an additional amount for ‘‘Salaries’’, GENERAL PROVISIONS—THIS TITLE chitect of the Capitol are furloughed or other-
$12,000,000, to remain available until September SOURCE OF FUNDS USED FOR PAYMENT OF SALA-
wise unable to work during closures, stop work
30, 2021, to prevent, prepare for, and respond to RIES AND EXPENSES OF SENATE EMPLOYEE
orders, or reductions in service arising from or
coronavirus, domestically or internationally: CHILD CARE CENTER
related to the impacts of coronavirus, the Archi-
Provided, That the Capitol Police may transfer tect of the Capitol may continue to make the
SEC. 19001. The Secretary of the Senate shall
amounts appropriated under this heading in payments provided for under the contract for
reimburse the Senate Employee Child Care Cen-
this Act to ‘‘General Expenses’’ without the ap- the weekly salaries and benefits of such employ-
ter for personnel costs incurred starting on April
proval requirement of 2 U.S.C. 1907(a): Provided ees for not more than 16 weeks.
1, 2020, for employees of such Center who have (b) AVAILABILITY OF APPROPRIATIONS.—The
further, That such amount is designated by the
been ordered to cease working due to measures authority of the Architect of the Capitol to make
Congress as being for an emergency requirement
taken in the Capitol complex to combat payments under the authority of subsection (a)
pursuant to section 251(b)(2)(A)(i) of the Bal-
coronavirus, not to exceed $84,000 per month, is subject to the availability of appropriations to
anced Budget and Emergency Deficit Control
from amounts in the appropriations account make such payments.
Act of 1985.
‘‘Miscellaneous Items’’ within the contingent (c) REGULATIONS.—The Architect of the Cap-
ARCHITECT OF THE CAPITOL fund of the Senate. itol shall promulgate such regulations as may be
CAPITAL CONSTRUCTION AND OPERATIONS SOURCE OF FUNDS USED FOR PAYMENT OF SALA- necessary to carry out this section.
For an additional amount for ‘‘Capital Con- RIES AND EXPENSES OF HOUSE OF REPRESENTA- MASS MAILINGS AS FRANKED MAIL
struction and Operations’’, $25,000,000, to re- TIVES CHILD CARE CENTER SEC. 19006. (a) WAIVER.—Section 3210(a)(6)(D)
main available until September 30, 2021, to pre- SEC. 19002. (a) AUTHORIZING USE OF REVOLV- of title 39, United States Code, is amended by
vent, prepare for, and respond to coronavirus, ING FUND OR APPROPRIATED FUNDS.—Section striking the period at the end of the first sen-
domestically or internationally, including to 312(d)(3)(A) of the Legislative Branch Appro- tence and inserting the following: ‘‘, and in the
purchase and distribute cleaning and sanitation priations Act, 1992 (2 U.S.C. 2062(d)(3)(A)) is case of the Commission, to waive this paragraph
products throughout all facilities and grounds amended— in the case of mailings sent in response to or to
under the care of the Architect of the Capitol, (1) in subparagraph (A), by striking the period address threats to life safety.’’.
wherever located, and any related services and at the end and inserting the following: ‘‘, and, (b) EFFECTIVE DATE.—The amendments made
operational costs: Provided, That the Architect at the option of the Chief Administrative Officer by this subsection shall apply with respect to
of the Capitol shall provide a report within 30 during an emergency situation, the payment of mailings sent on or after the date of the enact-
days enactment of this Act, and every 30 days the salary of other employees of the Center.’’; ment of this Act.
thereafter, to the Committees on Appropriations and TECHNICAL CORRECTION
of the Senate and House of Representatives, the (2) by adding at the end the following new SEC. 19007. In the matter preceding the first
Senate Committee on Rules and Administration, subparagraph: proviso under the heading ‘‘Library of Con-
and the Committee on House Administration on ‘‘(C) During an emergency situation, the pay- gress—Salaries and Expenses’’ in division E of
expenditure of funds from amounts appropriated ment of such other expenses for activities car- the Further Consolidated Appropriations Act,
under this heading in this Act: Provided fur- ried out under this section as the Chief Adminis- 2020 (Public Law 116–94), strike ‘‘ $504,164,000’’
ther, That this amount shall be in addition to trative Officer determines appropriate.’’. and insert ‘‘ $510,164,000’’.
any other funds available for such purposes in (b) EFFECTIVE DATE.—The amendment made CONFORMING AMENDMENT
appropriations Acts for the legislative branch: by subsection (a) shall apply with respect to fis-
SEC. 19008. Section 110(a)(1)(A) of the Family
Provided further, That such amount is des- cal year 2020 and each succeeding fiscal year.
and Medical Leave Act of 1993 (as added by sec-
ignated by the Congress as being for an emer- PAYMENTS TO ENSURE CONTINUING AVAILABILITY
tion 3102 of the Families First Coronavirus Re-
gency requirement pursuant to section OF GOODS AND SERVICES DURING THE
sponse Act (Public Law 116–127)) is amended—
251(b)(2)(A)(i) of the Balanced Budget and CORONAVIRUS EMERGENCY (1) by inserting before ‘‘In lieu of’’ the fol-
Emergency Deficit Control Act of 1985. SEC. 19003. (a) AUTHORIZATION TO MAKE PAY- lowing:
LIBRARY OF CONGRESS MENTS.—Notwithstanding any other provision of ‘‘(i) IN GENERAL.—’’; and
SALARIES AND EXPENSES law and subject to subsection (b), during an (2) by adding at the end the following:
emergency situation, the Chief Administrative ‘‘(ii) SPECIAL RULE.—For purposes of applying
For an additional amount for ‘‘Salaries and section 102(a)(1)(F) and this section under the
Officer of the House of Representatives may
Expenses’’, $700,000, to remain available until Congressional Accountability Act of 1995, in lieu
make payments under contracts with vendors
September 30, 2020, to prevent, prepare for, and of the definition in section 202(a)(2)(B) of that
providing goods and services to the House in
respond to coronavirus, domestically or inter- Act (2 U.S.C. 1312(a)(2)(B)), the term ‘eligible
amounts and under terms and conditions other
nationally, to be made available to the Little employee’ means a covered employee (as defined
than those provided under the contract in order
Scholars Child Development Center, subject to in section 101 of that Act (2 U.S.C. 1301)) who
to ensure that those goods and services remain
approval by the Committees on Appropriations has been employed for at least 30 calendar days
available to the House throughout the duration
of the Senate and House of Representatives, the by the employing office (as so defined) with re-
of the emergency.
Senate Committee on Rules and Administration, spect to whom leave is requested under section
(b) CONDITIONS.—
and the Committee on House Administration: 102(a)(1)(F).’’.
(1) APPROVAL REQUIRED.—The Chief Adminis-
Provided, That such amount is designated by
trative Officer may not make payments under SOURCE OF FUNDS USED FOR PAYMENT OF SALA-
the Congress as being for an emergency require-
the authority of subsection (a) without the ap- RIES AND EXPENSES OF TINY FINDINGS CHILD
ment pursuant to section 251(b)(2)(A)(i) of the
proval of the Committee on House Administra- DEVELOPMENT CENTER
Balanced Budget and Emergency Deficit Con-
tion of the House of Representatives. SEC. 19009. The Government Accountability
trol Act of 1985.
(2) AVAILABILITY OF APPROPRIATIONS.—The Office may reimburse the Tiny Findings Child
GOVERNMENT ACCOUNTABILITY OFFICE authority of the Chief Administrative Officer to Development Center for salaries for employees
SALARIES AND EXPENSES make payments under the authority of sub- incurred from April 1, 2020, to September 30,
For an additional amount for ‘‘Salaries and section (a) is subject to the availability of appro- 2020, for employees of such Center who have
Expenses’’, $20,000,000, to remain available until priations to make such payments. been ordered to cease working due to measures
expended, to prevent, prepare for, and respond (c) APPLICABILITY.—This section shall apply taken in the Capitol complex to combat
to coronavirus, domestically or internationally, with respect to fiscal year 2020 and each suc- coronavirus, not to exceed $100,000 per month,
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for audits and investigations and for reimburse- ceeding fiscal year. from amounts in the appropriations account
ment of the Tiny Findings Child Development SOURCE OF FUNDS USED FOR PAYMENT OF SALA- ‘‘Government Accountability Office—Salaries
Center for salaries for employees, as authorized RIES AND EXPENSES OF LITTLE SCHOLARS CHILD and Expenses’’.
by this Act: Provided, That not later than 90 DEVELOPMENT CENTER OVERSIGHT AND AUDIT AUTHORITY
days after the date of enactment of this Act, the SEC. 19004. The Library of Congress shall re- SEC. 19010. (a) DEFINITIONS.—In this section—
Government Accountability Office shall submit imburse Little Scholars Child Development Cen- (1) the term ‘‘appropriate congressional com-
to the Committees on Appropriations of the ter for salaries for employees incurred from mittees’’ means—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1809
(A) the Committee on Appropriations of the (4) INSPECTION OF FACILITIES.—As determined commenced within the time periods prescribed
Senate; necessary by the Comptroller General, the Gov- under section 115(d)(10)(C)(i) or 115(d)(10)(C)(ii)
(B) the Committee on Homeland Security and ernment Accountability Office may inspect fa- as calculated from the adjusted license avail-
Governmental Affairs of the Senate; cilities at which Federal, State, or local offi- ability date. If the Register adjusts the license
(C) the Committee on Health, Education, cials, contractor staff, grantee staff, or recipi- availability date, the Register must provide the
Labor, and Pensions of the Senate; ents or subrecipients carry out their responsibil- statement to Congress under subsection (c) at
(D) the Committee on Appropriations of the ities related to the Coronavirus 2019 pandemic. the same time as the public notice of such ad-
House of Representatives; (5) ENFORCEMENT.—Access rights under this justment with a detailed explanation of why
(E) the Committee on Homeland Security of subsection shall be subject to enforcement con- such adjustment is needed.
the House of Representatives; sistent with section 716 of title 31, United States ‘‘(e) COPYRIGHT TERM EXCEPTION.—The au-
(F) the Committee on Oversight and Reform of Code. thority of the Register to act under subsection
the House of Representatives; and (e) RELATIONSHIP TO EXISTING AUTHORITY.— (a) does not extend to provisions under chapter
(G) the Committee on Energy and Commerce Nothing in this section shall be construed to 3, except section 304(c), or section 1401(a)(2).
of the House of Representatives; and limit, amend, supersede, or restrict in any man- ‘‘(f) OTHER LAWS.—Notwithstanding section
(2) the term ‘‘Comptroller General’’ means the ner any existing authority of the Comptroller 301 of the National Emergencies Act (50 U.S.C.
Comptroller General of the United States. General. 1631), the authority of the Register under sub-
(b) AUTHORITY.—The Comptroller General NATIONAL EMERGENCY RELIEF AUTHORITY FOR section (a) is not contingent on a specification
shall conduct monitoring and oversight of the THE REGISTER OF COPYRIGHTS made by the President under such section or
exercise of authorities, or the receipt, disburse- SEC. 19011. (a) AMENDMENT.—Chapter 7 of any other requirement under that Act (other
ment, and use of funds made available, under title 17, United States Code, is amended by add- than the emergency declaration under section
this Act or any other Act to prepare for, respond ing at the end the following: 201(a) of such Act (50 U.S.C. 1621(a))). The au-
to, and recover from the Coronavirus 2019 pan- thority described in this section supersedes the
demic and the effect of the pandemic on the ‘‘§ 710. Emergency relief authority
‘‘(a) EMERGENCY ACTION.—If, on or before De- authority of title II of the National Emergencies
health, economy, and public and private institu- Act (50 U.S.C. 1621 et seq.).’’.
tions of the United States, including public cember 31, 2021, the Register of Copyrights de-
termines that a national emergency declared by (b) TECHNICAL AND CONFORMING AMEND-
health and homeland security efforts by the MENT.—The table of sections for chapter 7 of
Federal Government and the use of selected the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) generally disrupts or title 17, United States Code, is amended by add-
funds under this or any other Act related to the ing at the end the following:
Coronavirus 2019 pandemic and a comprehen- suspends the ordinary functioning of the copy-
sive audit and review of charges made to Fed- right system under this title, or any component ‘‘710. Emergency relief authority.’’.
eral contracts pursuant to authorities provided thereof, including on a regional basis, the Reg- (c) EMERGENCY REQUIREMENT.—The amount
in the Coronavirus Aid, Relief, and Economic ister may, on a temporary basis, toll, waive, ad- provided by this section is designated by the
Security Act. just, or modify any timing provision (including Congress as being for an emergency requirement
(c) BRIEFINGS AND REPORTS.—In conducting any deadline or effective period, except as pro- pursuant to section 251(b)(2)(A)(i) of the Bal-
monitoring and oversight under subsection (b), vided in subsection (c)) or procedural provision anced Budget and Emergency Deficit Control
the Comptroller General shall— contained in this title or chapters II or III of Act of 1985.
(1) during the period beginning on the date of title 37, Code of Federal Regulations, for no TITLE X
enactment of this Act and ending on the date on longer than the Register reasonably determines DEPARTMENT OF VETERANS AFFAIRS
which the national emergency declared by the to be appropriate to mitigate the impact of the
disruption caused by the national emergency. In VETERANS BENEFITS ADMINISTRATION
President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) with respect to the taking such action, the Register shall consider GENERAL OPERATING EXPENSES, VETERANS
Coronavirus Disease 2019 (COVID–19) expires, the scope and severity of the particular national BENEFITS ADMINISTRATION
offer regular briefings on not less frequently emergency, and its specific effect with respect to For an additional amount for ‘‘General Oper-
than a monthly basis to the appropriate con- the particular provision, and shall tailor any ating Expenses, Veterans Benefits Administra-
gressional committees regarding Federal public remedy accordingly. tion’’, $13,000,000, to remain available until Sep-
health and homeland security efforts; ‘‘(b) NOTICE AND EFFECT.—Any action taken tember 30, 2021, to prevent, prepare for, and re-
(2) publish reports regarding the ongoing mon- by the Register in response to a national emer- spond to coronavirus, domestically or inter-
itoring and oversight efforts, which, along with gency pursuant to subsection (a) shall not be nationally: Provided, That such amount is des-
any audits and investigations conducted by the subject to section 701(e) or subchapter II of ignated by the Congress as being for an emer-
Comptroller General, shall be submitted to the chapter 5 of title 5, United States Code, and gency requirement pursuant to section
appropriate congressional committees and post- chapter 7 of title 5, United States Code. The pro- 251(b)(2)(A)(i) of the Balanced Budget and
ed on the website of the Government Account- vision of general public notice detailing the ac- Emergency Deficit Control Act of 1985.
ability Office— tion being taken by the Register in response to VETERANS HEALTH ADMINISTRATION
(A) not later than 90 days after the date of en- the national emergency under subsection (a) is
sufficient to effectuate such action. The Register MEDICAL SERVICES
actment of this Act, and every other month
thereafter until the date that is 1 year after the may make such action effective both prospec- For an additional amount for ‘‘Medical Serv-
date of enactment of this Act; and tively and retroactively in relation to a par- ices’’, $14,432,000,000, to remain available until
(B) after the period described in subparagraph ticular provision as the Register determines to be September 30, 2021, to prevent, prepare for, and
(A), on a periodic basis; and appropriate based on the timing, scope, and na- respond to coronavirus, domestically or inter-
(3) submit to the appropriate congressional ture of the public emergency, but any action by nationally, including related impacts on health
committees additional reports as warranted by the Register may only be retroactive with re- care delivery, and for support to veterans who
the findings of the monitoring and oversight ac- spect to a deadline that has not already passed are homeless or at risk of becoming homeless:
tivities of the Comptroller General. before the declaration described in subsection Provided, That such amount is designated by
(d) ACCESS TO INFORMATION.— (a). the Congress as being for an emergency require-
(1) RIGHT OF ACCESS.—In conducting moni- ‘‘(c) STATEMENT REQUIRED.—Except as pro- ment pursuant to section 251(b)(2)(A)(i) of the
toring and oversight activities under this sec- vided in subsection (d), not later than 20 days Balanced Budget and Emergency Deficit Con-
tion, the Comptroller General shall have access after taking any action that results in a provi- trol Act of 1985.
to records, upon request, of any Federal, State, sion being modified for a cumulative total of MEDICAL COMMUNITY CARE
or local agency, contractor, grantee, recipient, longer than 120 days, the Register shall submit
For an additional amount for ‘‘Medical Com-
or subrecipient pertaining to any Federal effort to Congress a statement detailing the action
munity Care’’, $2,100,000,000, to remain avail-
or assistance of any type related to the taken, the relevant background, and rationale
able until September 30, 2021, to prevent, pre-
Coronavirus 2019 pandemic under this Act or for the action.
pare for, and respond to coronavirus, domesti-
any other Act, including private entities receiv- ‘‘(d) EXCEPTIONS.—The authority of the Reg-
cally or internationally, including related im-
ing such assistance. ister to act under subsection (a) does not extend
pacts on health care delivery: Provided, That
(2) COPIES.—The Comptroller General may provisions under this title requiring the com-
such amount is designated by the Congress as
make and retain copies of any records accessed mencement of an action or proceeding in Fed-
being for an emergency requirement pursuant to
under paragraph (1) as the Comptroller General eral court within a specified period of time, ex-
section 251(b)(2)(A)(i) of the Balanced Budget
determines appropriate. cept that if the Register adjusts the license
and Emergency Deficit Control Act of 1985.
(3) INTERVIEWS.—In addition to such other availability date defined in section 115(e)(15),
authorities as are available, the Comptroller such adjustment shall not affect the ability to MEDICAL SUPPORT AND COMPLIANCE
General or a designee of the Comptroller Gen- commence actions for any claim of infringement For an additional amount for ‘‘Medical Sup-
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eral may interview Federal, State, or local offi- of exclusive rights provided by paragraphs (1) port and Compliance’’, $100,000,000, to remain
cials, contractor staff, grantee staff, recipients, and (3) of section 106 against a digital music available until September 30, 2021, to prevent,
or subrecipients pertaining to any Federal effort provider arising from the unauthorized repro- prepare for, and respond to coronavirus, domes-
or assistance of any type related to the duction or distribution of a musical work by tically or internationally, including related im-
Coronavirus 2019 pandemic under this or any such digital music provider in the course of en- pacts on health care delivery: Provided, That
other Act, including private entities receiving gaging in covered activities that accrued after such amount is designated by the Congress as
such assistance. January 1, 2018, provided that such action is being for an emergency requirement pursuant to
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H1810 CONGRESSIONAL RECORD — HOUSE March 27, 2020
section 251(b)(2)(A)(i) of the Balanced Budget $2,800,000 shall be paid from the general fund of (D) any other veterans that the Secretary con-
and Emergency Deficit Control Act of 1985. the Treasury to the Trust Fund: Provided fur- siders to be at a higher risk for suicide and men-
MEDICAL FACILITIES ther, That the Chief Executive Officer of the tal health concerns during isolation periods due
Armed Forces Retirement Home shall submit to to a public health emergency.
For an additional amount for ‘‘Medical Fa-
the Committees on Appropriations of both (c) DEFINITIONS.—In this section:
cilities’’, $606,000,000, to remain available until
Houses of Congress monthly reports detailing (1) TELEHEALTH.—
September 30, 2021, to prevent, prepare for, and
obligations, expenditures, and planned activi- (A) IN GENERAL.—The term ‘‘telehealth’’
respond to coronavirus, domestically or inter-
ties: Provided further, That such amount is des- means the use of electronic information and
nationally, including related impacts on health
ignated by the Congress as being for an emer- telecommunications technologies to support and
care delivery: Provided, That such amount is
gency requirement pursuant to section promote long-distance clinical health care, pa-
designated by the Congress as being for an
251(b)(2)(A)(i) of the Balanced Budget and tient and professional health-related education,
emergency requirement pursuant to section
Emergency Deficit Control Act of 1985. public health, and health administration.
251(b)(2)(A)(i) of the Balanced Budget and
GENERAL PROVISIONS—THIS TITLE (B) TECHNOLOGIES.—For purposes of subpara-
Emergency Deficit Control Act of 1985.
graph (A), telecommunications technologies in-
DEPARTMENTAL ADMINISTRATION (INCLUDING TRANSFER OF FUNDS)
clude videoconferencing, the internet, streaming
GENERAL ADMINISTRATION SEC. 20001. Amounts made available for the media, and terrestrial and wireless communica-
For an additional amount for ‘‘General Ad- Department of Veterans Affairs in this title, tions.
ministration’’, $6,000,000, to remain available under the ‘‘Medical Services’’, ‘‘Medical Com- (2) VA VIDEO CONNECT.—The term ‘‘VA Video
until September 30, 2021, to prevent, prepare for, munity Care’’, ‘‘Medical Support and Compli- Connect’’ means the program of the Department
and respond to coronavirus, domestically or ance’’, and ‘‘Medical Facilities’’ accounts may of Veterans Affairs to connect veterans with
internationally: Provided, That such amount is be transferred among the accounts to prevent, their health care team from anywhere, using
designated by the Congress as being for an prepare for, and respond to coronavirus, domes- encryption to ensure a secure and private ses-
emergency requirement pursuant to section tically and internationally: Provided, That any sion.
251(b)(2)(A)(i) of the Balanced Budget and transfers among the ‘‘Medical Services’’, ‘‘Med- TREATMENT OF STATE HOMES DURING PUBLIC
Emergency Deficit Control Act of 1985. ical Community Care’’, ‘‘Medical Support and HEALTH EMERGENCY
Compliance’’, and ‘‘Medical Facilities’’ ac- SEC. 20005. (a) WAIVER OF OCCUPANCY RATE
INFORMATION TECHNOLOGY SYSTEMS
counts of 2 percent or less of the total amount REQUIREMENTS.—During a public health emer-
For an additional amount for ‘‘Information appropriated to an account in this title may
Technology Systems’’, $2,150,000,000, to remain gency, occupancy rate requirements for State
take place subject to notification from the Sec- homes for purposes of receiving per diem pay-
available until September 30, 2021, to prevent, retary of Veterans Affairs to the Committees on
prepare for, and respond to coronavirus, domes- ments set forth in section 51.40(c) of title 38,
Appropriations of both Houses of Congress of Code of Federal Regulations, or successor regu-
tically or internationally, including related im- the amount and purpose of the transfer: Pro-
pacts on health care delivery: Provided, That lations, shall not apply.
vided further, That any transfers among the (b) WAIVER OF VETERAN PERCENTAGE RE-
the Secretary shall transmit to the Committees ‘‘Medical Services’’, ‘‘Medical Community QUIREMENTS.—During a public health emer-
on Appropriations of both Houses of Congress a Care’’, ‘‘Medical Support and Compliance’’, and gency, the veteran percentage requirements for
spend plan detailing the allocation of such ‘‘Medical Facilities’’ accounts in excess of 2 per- State homes set forth in section 51.210(d) of title
funds between pay and associated costs, oper- cent of the total amount appropriated to an ac- 38, Code of Regulations, or successor regula-
ations and maintenance, and information tech- count in this title, or exceeding a cumulative 2 tions, and in agreements for grants to construct
nology systems development: Provided further, percent for all of the funds provided in this title, State homes, shall not apply.
That after such transmittal is provided, funds may take place only after the Secretary requests (c) PROVISION OF MEDICINE, EQUIPMENT, AND
may only be reprogrammed among the three sub- from the Committees on Appropriations of both SUPPLIES.—
accounts referenced in the previous proviso after Houses of Congress the authority to make the (1) IN GENERAL.—During a public health emer-
the Secretary of Veterans Affairs submits notice transfer and an approval is issued. gency, the Secretary of Veterans Affairs may
to the Committees on Appropriations of both SEC. 20002. For all of the funds appropriated provide to State homes medicines, personal pro-
Houses of Congress: Provided further, That such in this title the Secretary of Veterans Affairs tective equipment, medical supplies, and any
amount is designated by the Congress as being shall submit to the Committees on Appropria- other equipment, supplies, and assistance avail-
for an emergency requirement pursuant to sec- tions of both Houses of Congress monthly re- able to the Department of Veterans Affairs.
tion 251(b)(2)(A)(i) of the Balanced Budget and ports detailing obligations, expenditures, and (2) PROVISION OF EQUIPMENT.—Personal pro-
Emergency Deficit Control Act of 1985. planned activities. tective equipment may be provided under para-
OFFICE OF INSPECTOR GENERAL PUBLIC HEALTH EMERGENCY graph (1) through the All Hazards Emergency
For an additional amount for ‘‘Office of In- SEC. 20003. In this title, the term ‘‘public Cache of the Department of Veterans Affairs or
spector General’’, $12,500,000, to remain avail- health emergency’’ means an emergency with re- any other source available to the Department.
able until September 30, 2022, to prevent, pre- spect to COVID–19 declared by a Federal, State, (d) DEFINITIONS.—In this section:
pare for, and respond to coronavirus, domesti- or local authority. (1) PERSONAL PROTECTIVE EQUIPMENT.—The
cally or internationally, for oversight and audit SHORT-TERM AGREEMENTS OR CONTRACTS WITH term ‘‘personal protective equipment’’ means
of programs, activities, grants and projects TELECOMMUNICATIONS PROVIDERS TO EXPAND any protective equipment required to prevent
funded under this title: Provided, That such TELEMENTAL HEALTH SERVICES FOR ISOLATED the wearer from contracting COVID–19, includ-
amount is designated by the Congress as being VETERANS DURING A PUBLIC HEALTH EMER- ing gloves, N–95 respirator masks, gowns, gog-
for an emergency requirement pursuant to sec- GENCY gles, face shields, or other equipment required
tion 251(b)(2)(A)(i) of the Balanced Budget and SEC. 20004. (a) IN GENERAL.—Notwithstanding for safety.
Emergency Deficit Control Act of 1985. any other provision of law, the Secretary of Vet- (2) PUBLIC HEALTH EMERGENCY.—The term
GRANTS FOR CONSTRUCTION OF STATE EXTENDED erans Affairs may enter into short-term agree- ‘‘public health emergency’’ means an emergency
CARE FACILITIES ments or contracts with telecommunications with respect to COVID–19 declared by a Fed-
companies to provide temporary, complimentary eral, State, or local authority.
For an additional amount for ‘‘Grants for
or subsidized, fixed and mobile broadband serv- (3) STATE HOME.—The term ‘‘State home’’ has
Construction of State Extended Care Facilities’’,
ices for the purposes of providing expanded the meaning given that term in section 101(19) of
$150,000,000, to remain available until September
mental health services to isolated veterans title 38, United States Code.
30, 2021, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, in- through telehealth or VA Video Connect during MODIFICATIONS TO VETERAN DIRECTED CARE
cluding to modify or alter existing hospital, a public health emergency. PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS
nursing home, and domiciliary facilities in State (b) ELIGIBILITY.— SEC. 20006. (a) TELEPHONE OR TELEHEALTH
homes: Provided, That such amount is des- (1) IN GENERAL.—The Secretary may expand RENEWALS.—For the Veteran Directed Care pro-
ignated by the Congress as being for an emer- eligibility for services described in subsection (a) gram of the Department of Veterans Affairs (in
gency requirement pursuant to section from the Department of Veterans Affairs to in- this section referred to as the ‘‘Program’’), dur-
251(b)(2)(A)(i) of the Balanced Budget and clude veterans already receiving care from the ing a public health emergency, the Secretary of
Emergency Deficit Control Act of 1985. Department who may not be eligible for mental Veterans Affairs shall—
health services or other health care services de- (1) waive the requirement that an area agency
RELATED AGENCIES
livered through telehealth or VA Video Connect. on aging process new enrollments and six-month
ARMED FORCES RETIREMENT HOME TRUST FUND (2) PRIORITY.—For purposes of expanding eli- renewals for the Program via an in-person or
For an additional amount for the ‘‘Armed gibility under paragraph (1), the Secretary shall home visit; and
Forces Retirement Home Trust Fund’’, prioritize— (2) allow new enrollments and sixth-month re-
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$2,800,000, to remain available until September (A) veterans who are in unserved and under- newals for the Program to be conducted via tele-
30, 2021, to prevent, prepare for, and respond to served areas; phone or telehealth modality.
coronavirus, to be paid from funds available in (B) veterans who reside in rural and highly (b) NO SUSPENSION OR DISENROLLMENT.—Dur-
the Armed Forces Retirement Home Trust Fund: rural areas, as defined in the Rural-Urban Com- ing a public health emergency, the Secretary
Provided, That of the amounts made available muting Areas coding system of the Department shall not suspend or dis-enroll a veteran or
under this heading from funds available in the of Agriculture; caregiver of a veteran from the Program un-
Armed Forces Retirement Home Trust Fund, (C) low-income veterans; and less—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1811
(1) requested to do so by the veteran or a rep- partment of Veterans Affairs personal protective emergency requirement pursuant to section
resentative of the veteran; or equipment necessary to provide home care to 251(b)(2)(A)(i) of the Balanced Budget and
(2) a mutual decision is made between the vet- veterans under the laws administered by the Emergency Deficit Control Act of 1985.
eran and a health care provider of the veteran Secretary. TITLE XI
to suspend or dis-enroll the veteran or caregiver (2) SOURCE OF EQUIPMENT.—Personal protec-
DEPARTMENT OF STATE
from the Program. tive equipment may be provided under para-
(c) WAIVER OF PAPERWORK REQUIREMENT.— graph (1) through the All Hazards Emergency ADMINISTRATION OF FOREIGN AFFAIRS
During a public health emergency, the Secretary Cache of the Department or any other source DIPLOMATIC PROGRAMS
may waive the requirement for signed, mailed available to the Department. For an additional amount for ‘‘Diplomatic
paperwork to confirm the enrollment or renewal (b) DEFINITIONS.—In this section: Programs’’, $324,000,000, to remain available
of a veteran in the Program and may allow (1) HOME CARE.—The term ‘‘home care’’ has until September 30, 2022, to prevent, prepare for,
verbal consent of the veteran via telephone or the meaning given that term in section 1803(c) of and respond to coronavirus, including for nec-
telehealth modality to suffice for purposes of title 38, United States Code. essary expenses to maintain consular operations
such enrollment or renewal. (2) PERSONAL PROTECTIVE EQUIPMENT.—The and to provide for evacuation expenses and
(d) WAIVER OF OTHER REQUIREMENTS.—Dur- term ‘‘personal protective equipment’’ means emergency preparedness: Provided, That such
ing a public health emergency, the Secretary any protective equipment required to prevent amount is designated by the Congress as being
shall waive— the wearer from contracting COVID–19, includ- for an emergency requirement pursuant to sec-
(1) any penalty for late paperwork relating to ing gloves, N–95 respirator masks, gowns, gog- tion 251(b)(2)(A)(i) of the Balanced Budget and
the Program; and gles, face shields, or other equipment required Emergency Deficit Control Act of 1985.
(2) any requirement to stop payments for vet- for safety.
UNITED STATES AGENCY FOR
erans or caregivers of veterans under the Pro- CLARIFICATION OF TREATMENT OF PAYMENTS FOR
INTERNATIONAL DEVELOPMENT
gram if they are out of State for more than 14 PURPOSES OF ELIGIBILITY FOR VETERANS PEN-
days. SION AND OTHER VETERANS BENEFITS FUNDS APPROPRIATED TO THE PRESIDENT
(e) AREA AGENCY ON AGING DEFINED.—In this SEC. 20010. Amounts paid to a person under OPERATING EXPENSES
section, the term ‘‘area agency on aging’’ has the 2020 Recovery Rebate in the Coronavirus For an additional amount for ‘‘Operating Ex-
the meaning given that term in section 102 of the Aid, Relief, and Economic Security Act shall not penses’’, $95,000,000, to remain available until
Older Americans Act of 1965 (42 U.S.C. 3002). be treated as income or resources for purposes of September 30, 2022, to prevent, prepare for, and
PROVISION BY DEPARTMENT OF VETERANS AF- determining eligibility for pension under chapter respond to coronavirus: Provided, That such
FAIRS OF PROSTHETIC APPLIANCES THROUGH 15 of title 38, United States Code, or any other amount is designated by the Congress as being
NON-DEPARTMENT PROVIDERS DURING PUBLIC benefit under a law administered by the Sec- for an emergency requirement pursuant to sec-
HEALTH EMERGENCY retary of Veterans Affairs. tion 251(b)(2)(A)(i) of the Balanced Budget and
SEC. 20007. The Secretary of Veterans Affairs AVAILABILITY OF TELEHEALTH FOR CASE Emergency Deficit Control Act of 1985.
shall ensure that, to the extent practicable, vet- MANAGERS AND HOMELESS VETERANS BILATERAL ECONOMIC ASSISTANCE
erans who are receiving or are eligible to receive SEC. 20011. The Secretary of Veterans Affairs
a prosthetic appliance under section 1714 or 1719 FUNDS APPROPRIATED TO THE PRESIDENT
shall ensure that telehealth capabilities are
of title 38, United States Code, are able to re- available during a public health emergency for INTERNATIONAL DISASTER ASSISTANCE
ceive such an appliance that the Secretary de- case managers of, and homeless veterans partici- For an additional amount for ‘‘International
termines is needed from a non-Department of pating in, the Department of Housing and Disaster Assistance’’, $258,000,000, to remain
Veterans Affairs provider under a contract with Urban Development–Department of Veterans Af- available until expended, to prevent, prepare
the Department during a public health emer- fairs Supportive Housing program (commonly re- for, and respond to coronavirus: Provided, That
gency. ferred to as ‘‘HUD–VASH’’). such amount is designated by the Congress as
WAIVER OF PAY CAPS FOR EMPLOYEES OF DEPART- FUNDING LIMITS FOR FINANCIAL ASSISTANCE FOR being for an emergency requirement pursuant to
MENT OF VETERANS AFFAIRS DURING PUBLIC SUPPORTIVE SERVICES FOR VERY LOW-INCOME section 251(b)(2)(A)(i) of the Balanced Budget
HEALTH EMERGENCIES VETERAN FAMILIES IN PERMANENT HOUSING and Emergency Deficit Control Act of 1985.
SEC. 20008. (a) IN GENERAL.—Notwithstanding DURING A PUBLIC HEALTH EMERGENCY DEPARTMENT OF STATE
any other provision of law, the Secretary of Vet- SEC. 20012. In the case of a public health MIGRATION AND REFUGEE ASSISTANCE
erans Affairs may waive any limitation on pay emergency, nothing in subsection (e)(1) of sec-
For an additional amount for ‘‘Migration and
for an employee of the Department of Veterans tion 2044 of title 38, United States Code, may be
Refugee Assistance’’, $350,000,000, to remain
Affairs during a public health emergency for construed as limiting amounts that may be made
available until expended, to prevent, prepare
work done in support of response to the emer- available for carrying out subsections (a), (b),
for, and respond to coronavirus: Provided, That
gency. and (c) of such section.
(b) REPORTING.— such amount is designated by the Congress as
MODIFICATIONS TO COMPREHENSIVE SERVICE PRO-
(1) IN GENERAL.—For each month that the being for an emergency requirement pursuant to
GRAMS FOR HOMELESS VETERANS DURING A
Secretary waives a limitation under subsection section 251(b)(2)(A)(i) of the Balanced Budget
PUBLIC HEALTH EMERGENCY
(a), the Secretary shall submit to the Committee and Emergency Deficit Control Act of 1985.
SEC. 20013. (a) RULE OF CONSTRUCTION.—In
on Veterans’ Affairs of the Senate and the Com- INDEPENDENT AGENCIES
the case of a public health emergency, no au-
mittee on Veterans’ Affairs of the House of Rep- thorization of appropriations in section 2014 of PEACE CORPS
resentatives a report on the waiver. title 38, United States Code, may be construed as For an additional amount for ‘‘Peace Corps’’,
(2) CONTENTS.—Each report submitted under limiting amounts that may be appropriated for $88,000,000, to remain available until September
paragraph (1) for a waiver or waivers in a carrying out subchapter II of chapter 20 of such 30, 2022, to prevent, prepare for, and respond to
month shall include the following: title. coronavirus: Provided, That such amount is des-
(A) Where the waiver or waivers were used, (b) GRANTS AND PER DIEM PAYMENTS.—In the ignated by the Congress as being for an emer-
including in which component of the Depart- case of a public health emergency, the Secretary gency requirement pursuant to section
ment and, as the case may be, which medical of Veterans Affairs may waive any limits on— 251(b)(2)(A)(i) of the Balanced Budget and
center of the Department. (1) grant amounts under sections 2011 and Emergency Deficit Control Act of 1985.
(B) For how many employees the waiver or 2061 of title 38, United States Code; and
waivers were used, disaggregated by component GENERAL PROVISIONS—THIS TITLE
(2) rates for per diem payments under sections
of the Department and, if applicable, medical (INCLUDING TRANSFER OF FUNDS)
2012 and 2061 of such title.
center of the Department. (c) PARTICIPANT ABSENCE.—Notwithstanding SEC. 21001. The authorities and limitations of
(C) The average amount by which each pay- Veterans Health Administration Handbook section 402 of the Coronavirus Preparedness and
ment exceeded the waived pay limitation that 1162.01(1), dated July 12, 2013, and amended Response Supplemental Appropriations Act (di-
was waived, disaggregated by component of the June 30, 2014, and titled ‘‘Grant and Per Diem vision A of Public Law 116–123) shall apply to
Department and, if applicable, medical center of (GPD) Program’’, or any other provision of law, funds appropriated by this title as follows:
the Department. for the duration of a public health emergency, (1) Subsections (a), (d), (e), and (f) shall apply
(c) EMPLOYEE OF THE DEPARTMENT OF VET- the Secretary— to funds under the heading ‘‘Diplomatic Pro-
ERANS AFFAIRS DEFINED.—In this section, the (1) shall waive any requirement to discharge a grams’’; and
term ‘‘employee of the Department of Veterans veteran from the grant and per diem program of (2) Subsections (c), (d), (e), and (f) shall apply
Affairs’’ includes any employee of the Depart- the Veterans Health Administration after the to funds under the heading ‘‘International Dis-
ment of Veterans Affairs, regardless of the au- veteran is absent for 14 days; and aster Assistance’’.
thority under which the employee was hired. (2) may continue to pay per diem to grant re- SEC. 21002. Funds appropriated by this title
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PROVISION BY DEPARTMENT OF VETERANS AF- cipients and eligible entities under the program under the headings ‘‘Diplomatic Programs’’,
FAIRS OF PERSONAL PROTECTIVE EQUIPMENT for any additional days of absence when a vet- ‘‘Operating Expenses’’, and ‘‘Peace Corps’’ may
FOR HOME HEALTH WORKERS eran has already been absent for more than 72 be used to reimburse such accounts administered
SEC. 20009. (a) PROVISION OF EQUIPMENT.— hours. by the Department of State, the United States
(1) IN GENERAL.—During a public health emer- SEC. 20014. The amounts provided by sections Agency for International Development, and the
gency, the Secretary of Veterans Affairs shall 20003 through 20013 of this title in this Act are Peace Corps, as appropriate, for obligations in-
provide to employees and contractors of the De- designated by the Congress as being for an curred to prevent, prepare for, and respond to
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H1812 CONGRESSIONAL RECORD — HOUSE March 27, 2020
coronavirus prior to the date of enactment of (Public Law 109–472; 120 Stat. 3556), during fis- (1) INTERNATIONAL DEVELOPMENT ASSOCIATION
this Act. cal year 2020, passport and immigrant visa sur- REPLENISHMENT.—The International Develop-
SEC. 21003. The reporting requirement of sec- charges collected in any fiscal year pursuant to ment Association Act (22 U.S.C. 284 et seq.) is
tion 406(b) of the Coronavirus Preparedness and the fourth paragraph under the heading ‘‘Dip- amended by adding at the end the following
Response Supplemental Appropriations Act, 2020 lomatic and Consular Programs’’ in the Depart- new section:
(division A of Public Law 116–123) shall apply to ment of State and Related Agency Appropria- ‘‘SEC. 31. NINETEENTH REPLENISHMENT.
funds appropriated by this title: Provided, That tions Act, 2005 (title IV of division B of Public ‘‘(a) IN GENERAL.—The United States Gov-
the requirement to jointly submit such report Law 108–447; 8 U.S.C. 1714) may be obligated ernor of the International Development Associa-
shall not apply to the Director of the Peace and expended for the costs of providing consular tion is authorized to contribute on behalf of the
Corps: Provided further, That reports required services: Provided, That such funds should be United States $3,004,200,000 to the nineteenth re-
by such section may be consolidated and shall prioritized for United States citizen services: plenishment of the resources of the Association,
include information on all funds made available Provided further, That not later than 90 days subject to obtaining the necessary appropria-
to such Federal agencies to prevent, prepare for, after the expiration of this authority, the Sec- tions.
and respond to coronavirus. retary of State shall provide a report to the ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In
SEC. 21004. Section 7064(a) of the Department Committee on Appropriations and the Committee order to pay for the United States contribution
of State, Foreign Operations, and Related Pro- on Foreign Relations of the Senate and the provided for in subsection (a), there are author-
grams Appropriations Act, 2020 (division G of Committee on Appropriations and the Committee ized to be appropriated, without fiscal year limi-
Public Law 116–94) is amended by striking ‘‘ on Foreign Affairs of the House of Representa- tation, $3,004,200,000 for payment by the Sec-
$100,000,000’’ and inserting in lieu thereof ‘‘ tives detailing the specific expenditures made retary of the Treasury.’’.
$110,000,000’’, and by adding the following be- pursuant to this authority: Provided further, (2) INTERNATIONAL FINANCE CORPORATION AU-
fore the period at the end: ‘‘: Provided, That no That the amount provided by this section is des- THORIZATION.—The International Finance Cor-
amounts may be used that were designated by ignated by the Congress as being for an emer- poration Act (22 U.S.C. 282 et seq.) is amended
the Congress for Overseas Contingency Oper- gency requirement pursuant to section by adding at the end the following new section:
ations/Global War on Terrorism pursuant to the 251(b)(2)(A)(i) of the Balanced Budget and ‘‘SEC. 18. CAPITAL INCREASES AND AMENDMENT
Concurrent Resolution on the Budget or the Emergency Deficit Control Act of 1985. TO THE ARTICLES OF AGREEMENT.
Balanced Budget and Emergency Deficit Con- SEC. 21010. The Department of State and the ‘‘(a) VOTES AUTHORIZED.—The United States
trol Act of 1985’’. United States Agency for International Develop- Governor of the Corporation is authorized to
SEC. 21005. The Department of State, Foreign ment are authorized to enter into contracts with vote in favor of—
Operations, and Related Programs Appropria- individuals for the provision of personal services ‘‘(1) a resolution to increase the authorized
tions Act, 2020 (division G of Public Law 116–94) (as described in section 104 of part 37 of title 48, capital stock of the Corporation by 16,999,998
is amended under the heading ‘‘Emergencies in Code of Federal Regulations and including pur- shares, to implement the conversion of a portion
the Diplomatic and Consular Service’’ in title I suant to section 904 of the Foreign Service Act of the retained earnings of the Corporation into
by striking ‘‘ $1,000,000’’ and inserting in lieu of 1980 (22 U.S.C. 4084)) to prevent, prepare for, paid-in capital, which will result in the United
thereof ‘‘ $5,000,000’’. and respond to coronavirus, within the United
SEC. 21006. The Department of State, Foreign States being issued an additional 3,771,899
States and abroad, subject to prior consultation shares of capital stock, without any cash con-
Operations, and Related Programs Appropria-
with, and the notification procedures of, the tribution;
tions Act, 2020 (division G of Public Law 116–94)
Committee on Appropriations and the Committee ‘‘(2) a resolution to increase the authorized
is amended under the heading ‘‘Millennium
on Foreign Relations of the Senate and the capital stock of the Corporation on a general
Challenge Corporation’’ in title III by striking ‘‘
Committee on Appropriations and the Committee basis by 4,579,995 shares; and
$105,000,000’’ in the first proviso and inserting in
on Foreign Affairs of the House of Representa- ‘‘(3) a resolution to increase the authorized
lieu thereof ‘‘ $107,000,000’’.
SEC. 21007. Notwithstanding any other provi- tives: Provided, That such individuals may not capital stock of the Corporation on a selective
sion of law, and in addition to leave authorized be deemed employees of the United States for the basis by 919,998 shares.
under any other provision of law, the Secretary purpose of any law administered by the Office ‘‘(b) AMENDMENT OF THE ARTICLES OF AGREE-
of State and the Administrator of the United of Personnel Management: Provided further, MENT.—The United States Governor of the Cor-
States Agency for International Development That not later than 15 days after utilizing this poration is authorized to agree to and accept an
may, in order to prevent, prepare for, and re- authority, the Secretary of State shall provide a amendment to article II, section 2(c)(ii) of the
spond to coronavirus, provide additional paid report to the Committee on Appropriations and Articles of Agreement of the Corporation that
leave to address employee hardships resulting the Committee on Foreign Relations of the Sen- would increase the vote by which the Board of
from coronavirus: Provided, That this authority ate and the Committee on Appropriations and Governors of the Corporation may increase the
shall apply to leave taken since January 29, the Committee on Foreign Affairs of the House capital stock of the Corporation from a four-
2020, and may be provided abroad and domesti- of Representatives on the overall staffing needs fifths majority to an eighty-five percent major-
cally: Provided further, That the Secretary and for the Office of Medical Services: Provided fur- ity.’’.
the Administrator shall consult with the Com- ther, That the authority made available pursu- (3) AFRICAN DEVELOPMENT BANK.—The Afri-
mittee on Appropriations and the Committee on ant to this section shall expire on September 30, can Development Bank Act (22 U.S.C. 290i et
Foreign Relations of the Senate and the Com- 2022. seq.) is amended by adding at the end the fol-
mittee on Appropriations and the Committee on SEC. 21011. Notwithstanding any other provi- lowing new section:
Foreign Affairs of the House of Representatives sion of law, the Secretary of State and the Ad- ‘‘SEC. 1345. SEVENTH CAPITAL INCREASE.
prior to implementation of such authority: Pro- ministrator of the United States Agency for ‘‘(a) SUBSCRIPTION AUTHORIZED.—
vided further, That the authority made avail- International Development may authorize any ‘‘(1) IN GENERAL.—The United States Governor
able pursuant to this section shall expire on oath of office required by law to, in particular of the Bank may subscribe on behalf of the
September 30, 2022. circumstances that could otherwise pose health United States to 532,023 additional shares of the
SEC. 21008. The Secretary of State, to prevent, risks, be administered remotely, subject to ap- capital stock of the Bank.
prepare for, and respond to coronavirus, may propriate verification: Provided, That prior to ‘‘(2) LIMITATION.—Any subscription by the
exercise the authorities of section 3(j) of the initially exercising the authority of this section, United States to the capital stock of the Bank
State Department Basic Authorities Act of 1956 the Secretary and the Administrator shall each shall be effective only to such extent and in
(22 U.S.C. 2670(j)) to provide medical services or submit a report to the Committee on Appropria- such amounts as are provided in advance in ap-
related support for private United States citi- tions and the Committee on Foreign Relations of propriations Acts.
zens, nationals, and permanent resident aliens the Senate and the Committee on Appropria- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
abroad, or third country nationals connected to tions and the Committee on Foreign Affairs of ‘‘(1) IN GENERAL.—In order to pay for the in-
such persons or to the diplomatic or develop- the House of Representatives describing the crease in the United States subscription to the
ment missions of the United States abroad, who process and procedures for administering such Bank under subsection (a), there are authorized
are unable to obtain such services or support oaths, including appropriate verification: Pro- to be appropriated, without fiscal year limita-
otherwise: Provided, That such assistance shall vided further, That the authority made avail- tion, $7,286,587,008 for payment by the Secretary
be provided on a reimbursable basis to the extent able pursuant to this section shall expire on of the Treasury.
feasible: Provided further, That such reimburse- September 30, 2021. ‘‘(2) SHARE TYPES.—Of the amount authorized
ments may be credited to the applicable Depart- SEC. 21012. (a) PURPOSES.—For purposes of to be appropriated under paragraph (1)—
ment of State appropriation and shall remain strengthening the ability of foreign countries to ‘‘(A) $437,190,016 shall be for paid in shares of
available until expended: Provided further, prevent, prepare for, and respond to coronavirus the Bank; and
That the Secretary shall prioritize providing and to the adverse economic impacts of ‘‘(B) $6,849,396,992 shall be for callable shares
medical services or related support to individ- coronavirus, in a manner that would protect the of the Bank.’’.
dlhill on DSKBBY8HB2PROD with HOUSE
uals eligible for the health program under sec- United States from the spread of coronavirus (4) AFRICAN DEVELOPMENT FUND.—The Afri-
tion 904 of the Foreign Service Act of 1980 (22 and mitigate an international economic crisis re- can Development Fund Act (22 U.S.C. 290g et
U.S.C. 4084): Provided further, That the author- sulting from coronavirus that may pose a sig- seq.) is amended by adding at the end the fol-
ity made available pursuant to this section shall nificant risk to the economy of the United lowing new section:
expire on September 30, 2022. States, each paragraph of subsection (b) shall ‘‘SEC. 226. FIFTEENTH REPLENISHMENT.
SEC. 21009. Notwithstanding section 6(b) of the take effect upon enactment of this Act. ‘‘(a) IN GENERAL.—The United States Gov-
Department of State Authorities Act of 2006 (b) CORONAVIRUS RESPONSES.— ernor of the Fund is authorized to contribute on
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1813
behalf of the United States $513,900,000 to the amount is designated by the Congress as being to 0.1 percent of the funds provided under this
fifteenth replenishment of the resources of the for an emergency requirement pursuant to sec- heading in this Act to fund the award and over-
Fund, subject to obtaining the necessary appro- tion 251(b)(2)(A)(i) of the Balanced Budget and sight by the Administrator of grants made under
priations. Emergency Deficit Control Act of 1985. this heading in this Act: Provided further, That
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—In FEDERAL AVIATION ADMINISTRATION obligations of funds under this heading in this
order to pay for the United States contribution GRANTS-IN-AID FOR AIRPORTS Act shall not be subject to any limitations on ob-
provided for in subsection (a), there are author- ligations provided in Public Law 116–94: Pro-
For an additional amount for ‘‘Grants-In-Aid
ized to be appropriated, without fiscal year limi- vided further, That all airports receiving funds
for Airports’’, $10,000,000,000, to prevent, pre-
tation, $513,900,000 for payment by the Secretary under this heading in this Act shall continue to
pare for, and respond to coronavirus, to remain
of the Treasury.’’. employ, through December 31, 2020, at least 90
available until expended: Provided, That
(5) INTERNATIONAL MONETARY FUND AUTHOR- percent of the number of individuals employed
amounts made available under this heading in
IZATION FOR NEW ARRANGEMENTS TO BORROW.— (after making adjustments for retirements or vol-
this Act shall be derived from the general fund
(A) IN GENERAL.—Section 17 of the Bretton untary employee separations) by the airport as
of the Treasury: Provided further, That funds
Woods Agreements Act (22 U.S.C. 286e–2) is of the date of enactment of this Act: Provided
provided under this heading in this Act shall
amended— further, That the Secretary may waive the
only be available to sponsors of airports defined
(i) in subsection (a)— workforce retention requirement in the previous
in section 47102 of title 49, United States Code:
(I) by redesignating paragraphs (3), (4), and proviso, if the Secretary determines the airport
Provided further, That funds provided under
(5) as paragraphs (4), (5), and (6), respectively; is experiencing economic hardship as a direct re-
this heading in this Act shall not otherwise be
(II) by inserting after paragraph (2) the fol- sult of the requirement, or the requirement re-
subject to the requirements of chapter 471 of
lowing new paragraph: duces aviation safety or security: Provided fur-
such title: Provided further, That notwith-
‘‘(3) In order to carry out the purposes of a ther, That the workforce retention requirement
standing the previous proviso, section 47112(b)
one-time decision of the Executive Directors of shall not apply to nonhub airports or nonpri-
of such title shall apply to funds provided for
the International Monetary Fund (the Fund) to mary airports receiving funds under this head-
any contract awarded (after the date of enact-
expand the resources of the New Arrangements ing in this Act: Provided further, That such
ment) for airport development and funded under
to Borrow, established pursuant to the decision amount is designated by the Congress as being
this heading: Provided further, That funds pro-
of January 27, 1997, referred to in paragraph for an emergency requirement pursuant to sec-
vided under this heading in this Act may not be
(1), the Secretary of the Treasury is authorized tion 251(b)(2)(A)(i) of the Balanced Budget and
used for any purpose not directly related to the
to make loans, in an amount not to exceed the Emergency Deficit Control Act of 1985.
airport: Provided further, That of the amounts
dollar equivalent of 28,202,470,000 of Special appropriated under this heading in this Act— FEDERAL MOTOR CARRIER SAFETY
Drawing Rights, in addition to any amounts (1) Not less than $500,000,000 shall be available ADMINISTRATION
previously authorized under this section, except to pay a Federal share of 100 percent of the MOTOR CARRIER SAFETY OPERATIONS AND
that prior to activation of the New Arrange- costs for which a grant is made under Public PROGRAMS
ments to Borrow, the Secretary of the Treasury Law 116–94: Provided, That any remaining Of prior year unobligated contract authority
shall report to Congress whether supplementary funds after the apportionment under this para- and liquidating cash provided for Motor Carrier
resources are needed to forestall or cope with an graph (1) shall be distributed as described in Safety in the Transportation Equity Act for the
impairment of the international monetary sys- paragraph (2) under this heading in this Act; 21st Century (Public Law 105–178), SAFETEA–
tem and whether the Fund has fully explored (2) Not less than $7,400,000,000 shall be avail- LU (Public Law 109–59), or other appropriations
other means of funding to the Fund.’’; able for any purpose for which airport revenues or authorization acts, in addition to amounts al-
(III) in paragraph (5), as so redesignated, by may lawfully be used: Provided, That 50 percent ready appropriated in fiscal year 2020 for
striking ‘‘paragraph (3)’’ and inserting ‘‘para- of such funds shall be allocated among all com- ‘‘Motor Carrier Safety Operations and Pro-
graph (4)’’; and mercial service airports based on each sponsor’s grams’’, $150,000 in additional obligation limita-
(IV) in paragraph (6), as so redesignated, by calendar year 2018 enplanements as a percent- tion is provided and repurposed for obligations
striking ‘‘December 16, 2022’’ and inserting ‘‘De- age of total 2018 enplanements for all commer- incurred to support activities to prevent, prepare
cember 31, 2025’’; and cial service airports: Provided further, That the for, and respond to coronavirus.
(ii) in subsection (e)(1) by striking ‘‘(a)(2),’’ remaining 50 percent of such funds shall be allo- FEDERAL RAILROAD ADMINISTRATION
each place such term appears and inserting cated among all commercial service airports
SAFETY AND OPERATIONS
‘‘(a)(2), (a)(3),’’. based on an equal combination of each spon-
(B) EMERGENCY DESIGNATION.—The amount sor’s fiscal year 2018 debt service as a percent- For an additional amount for ‘‘Safety and
provided by this paragraph is designated by the age of the combined debt service for all commer- Operations’’, $250,000, to remain available until
Congress as being for an emergency requirement cial service airports and each sponsor’s ratio of September 30, 2021, to prevent, prepare for, and
pursuant to section 251(b)(2)(A)(i) of the Bal- unrestricted reserves to their respective debt respond to coronavirus: Provided, That such
anced Budget and Emergency Deficit Control service: Provided further, That the Federal amount is designated by the Congress as being
Act of 1985. share payable of the costs for which a grant is for an emergency requirement pursuant to sec-
made under this paragraph shall be 100 percent: tion 251(b)(2)(A)(i) of the Balanced Budget and
TITLE XII
(3) Up to $2,000,000,000 shall be available for Emergency Deficit Control Act of 1985.
DEPARTMENT OF TRANSPORTATION any purpose for which airport revenues may NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
OFFICE OF THE SECRETARY lawfully be used, and: (A) be apportioned as set RAILROAD PASSENGER CORPORATION
SALARIES AND EXPENSES forth in section 47114(c)(1)(C)(i), (INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Salaries and 47114(c)(1)(C)(ii), or 47114(c)(1)(H) of title 49, For an additional amount for ‘‘Northeast Cor-
Expenses’’, $1,753,000, to remain available until United States Code; (B) not be subject to the re- ridor Grants to the National Railroad Passenger
expended, to prevent, prepare for, and respond duced apportionments of 49 U.S.C. 47114(f); and Corporation’’, $492,000,000, to remain available
to coronavirus, including necessary expenses for (C) have no maximum apportionment limit, not- until expended, to prevent, prepare for, and re-
operating costs and capital outlays: Provided, withstanding 47114(c)(1)(C)(iii) of title 49, spond to coronavirus, including to enable the
That such amounts are in addition to any other United States Code: Provided, That any remain- Secretary of Transportation to make or amend
amounts made available for this purpose: Pro- ing funds after the apportionment under this existing grants to the National Railroad Pas-
vided further, That obligations of amounts paragraph (3) shall be distributed as described senger Corporation for activities associated with
under this heading in this Act shall not be sub- in paragraph (2) under this heading in this Act: the Northeast Corridor, as authorized by section
ject to the limitation on obligations under the Provided further, That the Federal share pay- 11101(a) of the Fixing America’s Surface Trans-
heading ‘‘Office of the Secretary—Working Cap- able of the costs for which a grant is made portation Act (division A of Public Law 114–94):
ital Fund’’ in division H of the Further Consoli- under this paragraph shall be 100 percent; and Provided, That amounts made available under
(4) Not less than $100,000,000 shall be for gen-
dated Appropriations Act, 2020 (Public Law 116– this heading in this Act may be transferred to
eral aviation airports for any purpose for which
94): Provided further, That such amount is des- and merged with ‘‘National Network Grants to
airport revenues may lawfully be used, and,
ignated by the Congress as being for an emer- the National Railroad Passenger Corporation’’
which the Secretary shall apportion directly to
gency requirement pursuant to section to prevent, prepare for, and respond to
each eligible airport, as defined in section
251(b)(2)(A)(i) of the Balanced Budget and coronavirus: Provided further, That such
47102(8) of title 49, United States Code, based on
Emergency Deficit Control Act of 1985. amount is designated by the Congress as being
the categories published in the most current Na-
ESSENTIAL AIR SERVICE for an emergency requirement pursuant to sec-
tional Plan of Integrated Airport Systems, re-
tion 251(b)(2)(A)(i) of the Balanced Budget and
In addition to funds provided to the ‘‘Pay- flecting the percentage of the aggregate pub-
Emergency Deficit Control Act of 1985.
ments to Air Carriers’’ program in Public Law lished eligible development costs for each such
116–94 to carry out the essential air service pro- NATIONAL NETWORK GRANTS TO THE NATIONAL
category, and then dividing the allocated funds
dlhill on DSKBBY8HB2PROD with HOUSE
gram under section 41731 through 41742 of title RAILROAD PASSENGER CORPORATION
evenly among the eligible airports in each cat-
49, United States Code, $56,000,000, to be derived egory, rounding up to the nearest thousand dol- (INCLUDING TRANSFER OF FUNDS)
from the general fund of the Treasury, and to be lars: Provided, That the Federal share payable For an additional amount for ‘‘National Net-
made available to the Essential Air Service and of the costs for which a grant is made under this work Grants to the National Railroad Passenger
Rural Improvement Fund, to remain available paragraph shall be 100 percent: Corporation’’, $526,000,000, to remain available
until expended, to prevent, prepare for, and re- Provided further, That the Administrator of the until expended, to prevent, prepare for, and re-
spond to coronavirus: Provided, That such Federal Aviation Administration may retain up spond to coronavirus, including to enable the
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H1814 CONGRESSIONAL RECORD — HOUSE March 27, 2020
Secretary of Transportation to make or amend of title 49, United States Code, for funds appro- 251(b)(2)(A)(i) of the Balanced Budget and
existing grants to the National Railroad Pas- priated under this heading in this Act or for Emergency Deficit Control Act of 1985.
senger Corporation for activities associated with funds previously made available under section PROGRAM OFFICES
the National Network as authorized by section 5307 of title 49, United States Code, or sections
For an additional amount for ‘‘Program Of-
11101(b) of the Fixing America’s Surface Trans- 5311, 5337, or 5340 of such title as a result of the
fices’’, $15,000,000, to remain available until Sep-
portation Act (division A of Public Law 114–94): coronavirus: Provided further, That unless oth-
Provided, That a State shall not be required to tember 30, 2021, to prevent, prepare for, and re-
erwise specified, applicable requirements under
pay the National Railroad Passenger Corpora- spond to coronavirus: Provided, That of the
chapter 53 of title 49, United States Code, shall
tion more than 80 percent of the amount paid in sums appropriated under this heading in this
apply to funding made available under this
fiscal year 2019 under section 209 of the Pas- Act—
heading in this Act, except that the Federal
senger Rail Investment and Improvement Act of (1) $5,000,000 shall be available for the Office
share of the costs for which any grant is made
2008 (Public Law 110–432) and that not less than of Public and Indian Housing; and
under this heading in this Act shall be, at the
$239,000,000 of the amounts made available (2) $10,000,000 shall be available for the Office
option of the recipient, up to 100 percent: Pro-
under this heading in this Act shall be made of Community Planning and Development:
vided further, That the amount made available
available for use in lieu of any increase in a Provided further, That such amount is des-
under this heading in this Act shall be derived
State’s payment: Provided further, That ignated by the Congress as being for an emer-
from the general fund and shall not be subject
amounts made available under this heading in gency requirement pursuant to section
to any limitation on obligations for transit pro-
this Act may be transferred to and merged with 251(b)(2)(A)(i) of the Balanced Budget and
grams set forth in any Act: Provided further,
‘‘Northeast Corridor Grants to the National Emergency Deficit Control Act of 1985.
That such amount is designated by the Congress
Railroad Passenger Corporation’’ to prevent, as being for an emergency requirement pursuant PUBLIC AND INDIAN HOUSING
prepare for, and respond to coronavirus: Pro- to section 251(b)(2)(A)(i) of the Balanced Budget TENANT-BASED RENTAL ASSISTANCE
vided further, That such amount is designated and Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Tenant-Based
by the Congress as being for an emergency re- MARITIME ADMINISTRATION Rental Assistance’’, $1,250,000,000, to remain
quirement pursuant to section 251(b)(2)(A)(i) of
OPERATIONS AND TRAINING available until expended, to prevent, prepare
the Balanced Budget and Emergency Deficit
For an additional amount for ‘‘Operations for, and respond to coronavirus, including to
Control Act of 1985.
and Training’’, $3,134,000, to remain available provide additional funds for public housing
FEDERAL TRANSIT ADMINISTRATION agencies to maintain normal operations and
until September 30, 2021, to prevent, prepare for,
TRANSIT INFRASTRUCTURE GRANTS take other necessary actions during the period
and respond to coronavirus: Provided, That of
For an additional amount for ‘‘Transit Infra- the amounts made available under this heading that the program is impacted by coronavirus:
structure Grants’’, $25,000,000,000, to remain in this Act, $1,000,000 shall be for the operations Provided, That of the amounts made available
available until expended, to prevent, prepare of the United States Merchant Marine Academy: under this heading in this Act, $850,000,000 shall
for, and respond to coronavirus: Provided, That Provided further, That such amount is des- be available for both administrative expenses
the Secretary of Transportation shall provide ignated by the Congress as being for an emer- and other expenses of public housing agencies
funds appropriated under this heading in this gency requirement pursuant to section for their section 8 programs, including Main-
Act as if such funds were provided under section 251(b)(2)(A)(i) of the Balanced Budget and stream vouchers: Provided further, That such
5307 of title 49, United States Code, and section Emergency Deficit Control Act of 1985. other expenses shall be new eligible activities to
5311 of title 49, United States Code and appor- be defined by the Secretary and shall include
STATE MARITIME ACADEMY OPERATIONS
tion such funds in accordance with section 5336 activities to support or maintain the health and
of such title (other than subsections (h)(1) and For an additional amount for ‘‘State Maritime safety of assisted individuals and families, and
(h)(4)), section 5311 (other than subsection (b)(3) Academy Operations’’, $1,000,000, to remain costs related to retention and support of partici-
and (c)(1)(A)), section 5337 and section 5340 of available until September 30, 2021, to prevent, pating owners: Provided further, That amounts
title 49, United States Code, and apportion such prepare for, and respond to coronavirus: Pro- made available under paragraph (3) under this
funds in accordance with such sections except vided, That amounts made available under this heading in Public Law 116–94 may be used for
that funds apportioned under section 5337 shall heading in this Act shall be for direct payments such other expenses, as described in the pre-
be added to funds apportioned under 5307 for for State Maritime Academies: Provided further, vious proviso, in addition to their other avail-
administration under 5307: Provided further, That such amount is designated by the Congress able uses: Provided further, That of the
That the Secretary shall allocate the amounts as being for an emergency requirement pursuant amounts made available under this heading in
provided in the preceding proviso under sections to section 251(b)(2)(A)(i) of the Balanced Budget this Act, $400,000,000 shall be available for ad-
5307, 5311, 5337, and 5340 of title 49, United and Emergency Deficit Control Act of 1985. justments in the calendar year 2020 section 8 re-
States Code, among such sections in the same OFFICE OF INSPECTOR GENERAL newal funding allocations, in addition to any
ratio as funds were provided in the fiscal year SALARIES AND EXPENSES other appropriations available for such purpose,
2020 appropriations: Provided further, That For an additional amount for ‘‘Office of In- including Mainstream vouchers, for public
funds apportioned under this heading in this spector General’’, $5,000,000, to remain available housing agencies that experience a significant
Act shall be apportioned not later than 7 days until expended, to prevent, prepare for, and re- increase in voucher per-unit costs due to ex-
after the date of enactment of this Act: Provided spond to coronavirus: Provided, That the fund- traordinary circumstances or that, despite tak-
further, That funds shall be apportioned using ing made available under this heading in this ing reasonable cost savings measures, as deter-
the fiscal year 2020 apportionment formulas: Act shall be used for conducting audits and in- mined by the Secretary, would otherwise be re-
Provided further, That not more than three- vestigations of projects and activities carried out quired to terminate rental assistance for families
quarters of 1 percent, but not to exceed with funds made available in this Act to the De- as a result of insufficient funding: Provided fur-
$75,000,000, of the funds for transit infrastruc- partment of Transportation to prevent, prepare ther, That the Secretary shall allocate amounts
ture grants provided under this heading in this for, and respond to coronavirus: Provided fur- provided in the previous proviso based on need,
Act shall be available for administrative ex- ther, That such amount is designated by the as determined by the Secretary: Provided fur-
penses and ongoing program management over- Congress as being for an emergency requirement ther, That the Secretary may waive, or specify
sight as authorized under sections 5334 and pursuant to section 251(b)(2)(A)(i) of the Bal- alternative requirements for, any provision of
5338(f)(2) of title 49, United States Code, and anced Budget and Emergency Deficit Control any statute or regulation that the Secretary ad-
shall be in addition to any other appropriations Act of 1985. ministers in connection with the use of the
for such purpose: Provided further, That not- amounts made available under this heading and
DEPARTMENT OF HOUSING AND URBAN
withstanding subsection (a)(1) or (b) of section the same heading of Public Law 116–94 (except
DEVELOPMENT
5307 of title 49, United States Code, funds pro- for requirements related to fair housing, non-
vided under this heading are available for the MANAGEMENT AND ADMINISTRATION discrimination, labor standards, and the envi-
operating expenses of transit agencies related to ADMINISTRATIVE SUPPORT OFFICES ronment), upon a finding by the Secretary that
the response to a coronavirus public health For an additional amount for ‘‘Administrative any such waivers or alternative requirements
emergency as described in section 319 of the Support Offices’’, $35,000,000, to remain avail- are necessary for the safe and effective adminis-
Public Health Service Act, including, beginning able until September 30, 2021, to prevent, pre- tration of these funds, consistent with the pur-
on January 20, 2020, reimbursement for oper- pare for, and respond to coronavirus, for the Of- poses described under this heading in this Act,
ating costs to maintain service and lost revenue fice of the Chief Financial Officer, including for to prevent, prepare for, and respond to
due to the coronavirus public health emergency, Department-wide salaries and expenses, Infor- coronavirus: Provided further, That the Sec-
including the purchase of personal protective mation Technology purposes, and to support the retary shall notify the public through the Fed-
equipment, and paying the administrative leave Department’s workforce in a telework environ- eral Register or other appropriate means of any
of operations personnel due to reductions in ment: Provided, That the amounts provided such waiver or alternative requirement to ensure
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service: Provided further, That such operating under this heading in this Act shall be in addi- the most expeditious allocation of this funding,
expenses are not required to be included in a tion to amounts otherwise available for such and in order for such waiver or alternative re-
transportation improvement program, long- purposes, including amounts made available quirement to take effect, and that such public
range transportation, statewide transportation under the heading ‘‘Program Offices’’ in this notice may be provided, at a minimum, on the
plan, or a statewide transportation improvement Act: Provided further, That such amount is des- Internet at the appropriate Government web site
program: Provided further, That the Secretary ignated by the Congress as being for an emer- or through other electronic media, as determined
shall not waive the requirements of section 5333 gency requirement pursuant to section by the Secretary: Provided further, That any
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1815
such waivers or alternative requirements shall prior Acts (except for requirements related to that constitute imminent threats to health and
remain in effect for the time and duration speci- fair housing, nondiscrimination, labor stand- safety: Provided, That the Secretary shall
fied by the Secretary in such public notice and ards, and the environment), upon a finding by prioritize, without competition, allocations of
may be extended if necessary upon additional the Secretary that any such waivers or alter- these amounts for activities and projects de-
notice by the Secretary: Provided further, That native requirements are necessary for the safe signed to prevent, prepare for, and respond to
to prevent, prepare for, and respond to and effective administration of these funds to coronavirus: Provided further, That not to ex-
coronavirus, the notification required by section prevent, prepare for, and respond to ceed 20 percent of any grant made with funds
223 of Public Law 116–6 and section 221 of Pub- coronavirus: Provided further, That the Sec- appropriated under this paragraph shall be ex-
lic Law 116–94 shall not apply to the award of retary shall notify the public through the Fed- pended for planning and management develop-
amounts provided under paragraph (2) of this eral Register or other appropriate means of any ment and administration: Provided further,
heading in Public Law 116–6 or under para- such waiver or alternative requirement, to en- That amounts provided under this heading in
graph (7)(B) of this heading in Public Law 116– sure the most expeditious allocation of this this Act may be used to cover or reimburse al-
94 in support of the family unification program funding, in order for such waiver or alternative lowable costs to prevent, prepare for, and re-
under section 8(x) of such Act: Provided further, requirement to take effect, and that such public spond to coronavirus incurred by a recipient, in-
That the Secretary may award any remaining notice may be provided, at a minimum, on the cluding for costs incurred prior to the date of
unobligated balances appropriated under this Internet at the appropriate Government web site enactment of this Act: Provided further, That,
heading in prior Acts for incremental tenant- or through other electronic media, as determined notwithstanding section 105(a)(8) of such Act
based assistance contracts under section 811 of by the Secretary: Provided further, That any (42 U.S.C. 5305(a)(8)), there shall be no per cen-
the Cranston-Gonzalez National Affordable such waivers or alternative requirements shall tum limitation for the use of funds for public
Housing Act (42 U.S.C. 8013), to prevent, pre- remain in effect for the time and duration speci- services activities to prevent, prepare for, and
pare for, and respond to coronavirus, without fied by the Secretary in such public notice and respond to coronavirus: Provided further, That
competition, including for extraordinary admin- may be extended if necessary upon additional the previous proviso shall apply to all such ac-
istrative fees: Provided further, That no less notice by the Secretary: Provided further, That tivities for grants of funds made available under
than 25 percent of such amounts shall be allo- such amount is designated by the Congress as this paragraph or under paragraph (4) of this
cated proportionally to public housing agencies being for an emergency requirement pursuant to heading in Public Law 116–94: Provided further,
who received awards in the 2017 and 2019 com- section 251(b)(2)(A)(i) of the Balanced Budget That the Secretary may waive, or specify alter-
petitions for such purposes within 60 days of en- and Emergency Deficit Control Act of 1985. native requirements for, any provision of any
actment of this Act: Provided further, That the NATIVE AMERICAN PROGRAMS statute or regulation that the Secretary admin-
waiver and alternative requirements authority isters in connection with the use of amounts
For an additional amount for ‘‘Native Amer-
provided under this heading in this Act shall made available under this paragraph or under
ican Programs’’, $300,000,000, to remain avail-
also apply to such incremental tenant-based as- paragraph (4) in Public Law 116–94 (except for
able until September 30, 2024, to prevent, pre-
sistance contract amounts: Provided further, requirements related to fair housing, non-
pare for, and respond to coronavirus, for activi-
That such amount is designated by the Congress discrimination, labor standards, and the envi-
ties and assistance authorized under title I of
as being for an emergency requirement pursuant ronment), upon a finding by the Secretary that
the Native American Housing Assistance and
to section 251(b)(2)(A)(i) of the Balanced Budget any such waivers or alternative requirements
Self-Determination Act of 1996 (NAHASDA) (25
and Emergency Deficit Control Act of 1985. are necessary to expedite or facilitate the use of
U.S.C. 4111 et seq.), and under title I of the
PUBLIC HOUSING OPERATING FUND such amounts to prevent, prepare for, and re-
Housing and Community Development Act of
For an additional amount for ‘‘Public Hous- spond to coronavirus: Provided further, That
1974 with respect to Indian tribes (42 U.S.C.
ing Operating Fund’’, as authorized by section any such waivers shall be deemed to be effective
5306(a)(1)): Provided, That the amounts made
9(e) of the United States Housing Act of 1937 (42 as of the date an Indian tribe began preparing
available under this heading in this Act are as
U.S.C. 1437g(e)), $685,000,000, to remain avail- for coronavirus and shall apply to the amounts
follows:
able until September 30, 2021, to prevent, pre- (1) No less than $200,000,000 shall be available made available under this paragraph and to the
pare for, and respond to coronavirus, including for the Native American Housing Block Grants previously appropriated amounts described in
to provide additional funds for public housing program, as authorized under title I of the previous proviso:
Provided further, That such amount is des-
agencies to maintain normal operations and NAHASDA: Provided, That amounts made
ignated by the Congress as being for an emer-
take other necessary actions during the period available under this paragraph shall be distrib-
gency requirement pursuant to section
that the program is impacted by coronavirus: uted according to the same funding formula
251(b)(2)(A)(i) of the Balanced Budget and
Provided, That the amount provided under this used in fiscal year 2020: Provided further, That
Emergency Deficit Control Act of 1985.
heading in this Act shall be combined with the such amounts shall be used by recipients to pre-
amount appropriated for the same purpose vent, prepare for, and respond to coronavirus, COMMUNITY PLANNING AND DEVELOPMENT
under the same heading of Public Law 116–94, including to maintain normal operations and HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
and distributed to all public housing agencies fund eligible affordable housing activities under For an additional amount for carrying out the
pursuant to the Operating Fund formula at part NAHASDA during the period that the program ‘‘Housing Opportunities for Persons with AIDS’’
990 of title 24, Code of Federal Regulations: Pro- is impacted by coronavirus: Provided further, program, as authorized by the AIDS Housing
vided further, That for the period from the en- That amounts provided under this heading in Opportunity Act (42 U.S.C. 12901 et seq.),
actment of this Act through December 31, 2020, this Act may be used to cover or reimburse al- $65,000,000, to remain available until September
such combined total amount may be used for eli- lowable costs to prevent, prepare for, and re- 30, 2021, except that amounts allocated pursuant
gible activities under subsections (d)(1) and spond to coronavirus that are incurred by a re- to section 854(c)(5) of such Act shall remain
(e)(1) of such section 9 and for other expenses cipient, including for costs incurred prior to the available until September 30, 2022, to provide
related to preventing, preparing for, and re- date of enactment of this Act: Provided further, additional funds to maintain operations and for
sponding to coronavirus, including activities to That the Secretary may waive, or specify alter- rental assistance, supportive services, and other
support or maintain the health and safety of as- native requirements for, any provision of any necessary actions, in order to prevent, prepare
sisted individuals and families, and activities to statute or regulation that the Secretary admin- for, and respond to coronavirus: Provided, That
support education and child care for impacted isters in connection with the use of amounts not less than $50,000,000 of the amount provided
families: Provided further, That amounts made made available under this paragraph or under under this heading in this Act shall be allocated
available under the headings ‘‘Public Housing the same paragraph in Public Law 116–94 (ex- pursuant to the formula in section 854 of such
Operating Fund’’ and ‘‘Public Housing Capital cept for requirements related to fair housing, Act using the same data elements as utilized
Fund’’ in prior Acts, except for any set-asides nondiscrimination, labor standards, and the en- pursuant to that same formula in fiscal year
listed under such headings, may be used for all vironment), upon a finding by the Secretary 2020: Provided further, That up to $10,000,000 of
of the purposes described in the previous pro- that any such waivers or alternative require- the amount provided under this heading in this
viso: Provided further, That the expanded uses ments are necessary to expedite or facilitate the Act shall be to provide an additional one-time,
and funding flexibilities described in the pre- use of such amounts to prevent, prepare for, non-renewable award to grantees currently ad-
vious two provisos shall be available to all pub- and respond to coronavirus: Provided further, ministering existing contracts for permanent
lic housing agencies through December 31, 2020, That any such waivers shall be deemed to be ef- supportive housing that initially were funded
except that the Secretary may extend the period fective as of the date an Indian tribe or tribally under section 854(c)(5) of such Act from funds
under which such flexibilities shall be available designated housing entity began preparing for made available under this heading in fiscal year
in additional 12 month increments upon a find- coronavirus and shall apply to the amounts 2010 and prior years: Provided further, That
ing that individuals and families assisted by the made available under this paragraph and to the such awards shall be made proportionally to
public housing program continue to require ex- previously appropriated amounts described in their existing grants: Provided further, That
panded services due to coronavirus: Provided the previous proviso; and such awards are not required to be spent on per-
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further, That the Secretary may waive, or speci- (2) Up to $100,000,000 shall be available for manent supportive housing: Provided further,
fy alternative requirements for, any provision of grants to Indian tribes under the Indian Com- That, notwithstanding section 859(b)(3)(B) of
any statute or regulation that the Secretary ad- munity Development Block Grant program such Act, housing payment assistance for rent,
ministers in connection with the use of such under title I of the Housing and Community De- mortgage, or utilities payments may be provided
combined total amount or funds made available velopment Act of 1974, notwithstanding section for a period of up to 24 months: Provided fur-
under the headings ‘‘Public Housing Operating 106(a)(1) of such Act, to prevent, prepare for, ther, That, to protect persons who are living
Fund’’ and ‘‘Public Housing Capital Fund’’ in and respond to coronavirus, for emergencies with HIV/AIDS, such amounts provided under
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H1816 CONGRESSIONAL RECORD — HOUSE March 27, 2020
this heading in this Act may be used to self-iso- burse allowable costs consistent with the pur- (42 U.S.C. 5155) and in accordance with section
late, quarantine, or to provide other coronavirus poses of this heading in this Act incurred by a 1210 of the Disaster Recovery Reform Act of 2018
infection control services as recommended by the State or locality regardless of the date on which (division D of Public Law 115–254; 132 Stat.
Centers for Disease Control and Prevention for such costs were incurred: Provided further, 3442), which amended section 312 of the Robert
household members not living with HIV/AIDS: That section 116(b) of such Act (42 U.S.C. T. Stafford Disaster Relief and Emergency As-
Provided further, That such amounts may be 5316(b)) and any implementing regulations, sistance Act (42 U.S.C. 5155): Provided further,
used to provide relocation services, including to which requires grantees to submit their final That such amount is designated by the Congress
provide lodging at hotels, motels, or other loca- statements of activities no later than August 16 as being for an emergency requirement pursuant
tions, for persons living with HIV/AIDS and of a given fiscal year, shall not apply to final to section 251(b)(2)(A)(i) of the Balanced Budget
household members not living with HIV/AIDS: statements submitted in accordance with sec- and Emergency Deficit Control Act of 1985.
Provided further, That, notwithstanding section tions 104(a)(2) and (a)(3) of such Act (42 U.S.C. HOMELESS ASSISTANCE GRANTS
856(g) of such Act (42 U.S.C. 12905(g)), a grantee 5304(a)(2) and (a)(3)) and comprehensive hous- For an additional amount for ‘‘Homeless As-
may use up to 6 percent of its award under this ing affordability strategies submitted in accord- sistance Grants’’, $4,000,000,000, to remain avail-
Act for administrative purposes, and a project ance with section 105 of the Cranston-Gonzalez able until September 30, 2022, to prevent, pre-
sponsor may use up to 10 percent of its sub- National Affordable Housing Act (42 U.S.C. pare for, and respond to coronavirus, among in-
award under this Act for administrative pur- 12705) for fiscal years 2019 and 2020: Provided dividuals and families who are homeless or re-
poses: Provided further, That such amounts pro- further, That such final statements and com- ceiving homeless assistance and to support addi-
vided under this heading in this Act may be prehensive housing affordability strategies shall tional homeless assistance and homelessness
used to cover or reimburse allowable costs con- instead be submitted no later than August 16, prevention activities to mitigate the impacts cre-
sistent with the purposes of this heading in- 2021: Provided further, That the Secretary may ated by coronavirus under the Emergency Solu-
curred by a grantee or project sponsor regardless waive, or specify alternative requirements for, tions Grants program as authorized under sub-
of the date on which such costs were incurred: any provision of any statute or regulation that title B of title IV of the McKinney-Vento Home-
Provided further, That any regulatory waivers the Secretary administers in connection with the less Assistance Act (42 U.S.C. 11371 et seq.), as
the Secretary may issue may be deemed to be ef- use of amounts made available under this head- amended: Provided, That up to $2,000,000,000 of
fective as of the date a grantee began preparing ing in this Act and under the same heading in the amount appropriated under this heading in
for coronavirus: Provided further, That any ad- Public Law 116–94 and Public Law 116–6 (except this Act shall be distributed pursuant to 24 CFR
ditional activities or authorities authorized pur- for requirements related to fair housing, non- 576.3 to grantees that received allocations pur-
suant to this Act may also apply at the discre- discrimination, labor standards, and the envi- suant to that same formula in fiscal year 2020,
tion and upon notice of the Secretary to all ronment), upon a finding by the Secretary that and that such allocations shall be made within
amounts made available under this same head- any such waivers or alternative requirements 30 days of enactment of this Act: Provided fur-
ing in Public Law 116–94 if such amounts are are necessary to expedite or facilitate the use of ther, That, remaining amounts shall be allo-
used by grantees for the purposes described such amounts to prevent, prepare for, and re- cated directly to a State or unit of general local
under this heading: Provided further, That up spond to coronavirus: Provided further, That up government by a formula to be developed by the
to 2 percent of amounts made available under to $10,000,000 of amounts made available under Secretary and that such allocations shall be
this heading in this Act may be used, without this heading in this Act may be used to make made within 90 days of enactment of this Act:
competition, to increase prior awards made to new awards or increase prior awards to existing Provided further, That such formula shall allo-
existing technical assistance providers to pro- technical assistance providers, without competi- cate such amounts for the benefit of unsheltered
vide an immediate increase in capacity building tion, to provide an immediate increase in capac- homeless, sheltered homeless, and those at risk
and technical assistance available to grantees ity building and technical assistance to support of homelessness, to geographical areas with the
under this heading and under the same heading the use of amounts made available under this greatest need based on factors to be determined
heading in this Act and under the same heading by the Secretary, such as risk of transmission of
in prior Acts: Provided further, That such
in prior Acts to prevent, prepare for, and re- coronavirus, high numbers or rates of sheltered
amount is designated by the Congress as being
spond to coronavirus: Provided further, That, and unsheltered homeless, and economic and
for an emergency requirement pursuant to sec-
notwithstanding sections 104(a)(2), (a)(3), and housing market conditions as determined by the
tion 251(b)(2)(A)(i) of the Balanced Budget and
(c) of the Housing and Community Development Secretary: Provided further, That individuals
Emergency Deficit Control Act of 1985.
Act of 1974 (42 U.S.C. 5304(a)(2), (a)(3), and (c)) and families whose income does not exceed the
COMMUNITY DEVELOPMENT FUND and section 105 of the Cranston-Gonzalez Na- Very Low-Income Limit of the area, as deter-
For an additional amount for ‘‘Community tional Affordable Housing Act (42 U.S.C. 12705), mined by the Secretary, shall be considered ‘‘at
Development Fund’’, $5,000,000,000, to remain a grantee may adopt and utilize expedited pro- risk of homelessness’’ and shall be eligible for
available until September 30, 2022, to prevent, cedures to prepare, propose, modify, or amend homelessness prevention if they meet the criteria
prepare for, and respond to coronavirus: Pro- its statement of activities for grants from in section 401(1)(B) and (C) of such Act (42
vided, That up to $2,000,000,000 of the amount amounts made available under this heading in U.S.C. 11360(1)(B) and (C)): Provided further,
made available under this heading in this Act this Act and under the same heading in Public That amounts provided under this heading in
shall be distributed pursuant to section 106 of Law 116–94 and Public Law 116–6: Provided fur- this Act may be used to cover or reimburse al-
the Housing and Community Development Act ther, That under such expedited procedures, the lowable costs to prevent, prepare for, and re-
of 1974 (42 U.S.C. 5306) to grantees that received grantee need not hold in-person public hearings, spond to coronavirus that are incurred by a
allocations pursuant to that same formula in but shall provide citizens with notice and a rea- State or locality, including for costs incurred
fiscal year 2020, and that such allocations shall sonable opportunity to comment of no less than prior to the date of enactment of this Act: Pro-
be made within 30 days of enactment of this Act: 5 days: Provided further, That, for as long as vided further, That recipients may deviate from
Provided further, That, in addition to amounts national or local health authorities recommend applicable procurement standards when pro-
allocated pursuant to the preceding proviso, an social distancing and limiting public gatherings curing goods and services to prevent, prepare
additional $1,000,000,000 shall be allocated di- for public health reasons, a grantee may create for, and respond to coronavirus: Provided fur-
rectly to States and insular areas, as defined by virtual public hearings to fulfill applicable pub- ther, That a recipient may use up to 10 percent
42 U.S.C. 5302(a), to prevent, prepare for, and lic hearing requirements for all grants from of its allocation for administrative purposes:
respond to coronavirus within the State or insu- funds made available under this heading in this Provided further, That the use of amounts pro-
lar area, including activities within entitlement Act and under the same heading in Public Law vided under this heading in this Act shall not be
and nonentitlement communities, based on pub- 116–94 and Public Law 116–6: Provided further, subject to the consultation, citizen participa-
lic health needs, risk of transmission of That any such virtual hearings shall provide tion, or match requirements that otherwise
coronavirus, number of coronavirus cases com- reasonable notification and access for citizens in apply to the Emergency Solutions Grants pro-
pared to the national average, and economic accordance with the grantee’s certifications, gram, except that a recipient must publish how
and housing market disruptions, and other fac- timely responses from local officials to all citizen it has and will utilize its allocation, at a min-
tors, as determined by the Secretary, using best questions and issues, and public access to all imum, on the Internet at the appropriate Gov-
available data and that such allocations shall questions and responses: Provided further, ernment web site or through other electronic
be made within 45 days of enactment of this Act: That, notwithstanding section 105(a)(8) of the media: Provided further, That the spending cap
Provided further, That remaining amounts shall Housing and Community Development Act of established pursuant to section 415(b) of such
be distributed directly to the State or unit of 1974 (42 U.S.C. 5305(a)(8)), there shall be no per Act (42 U.S.C. 11374) shall not apply to amounts
general local government, at the discretion of centum limitation for the use of funds for public provided under this heading in this Act: Pro-
the Secretary, according to a formula based on services activities to prevent, prepare for, and vided further, That amounts provided under
factors to be determined by the Secretary, respond to coronavirus: Provided further, That this heading in this Act may be used to provide
prioritizing risk of transmission of coronavirus, the previous proviso shall apply to all such ac- temporary emergency shelters (through leasing
number of coronavirus cases compared to the tivities for grants of funds made available under of existing property, temporary structures, or
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national average, and economic and housing this heading in this Act and under the same other means) to prevent, prepare for, and re-
market disruptions resulting from coronavirus: heading in Public Law 116–94 and Public Law spond to coronavirus, and that such temporary
Provided further, That such allocations may be 116–6: Provided further, That the Secretary emergency shelters shall not be subject to the
made on a rolling basis based on the best avail- shall ensure there are adequate procedures in minimum periods of use required by section
able data at the time of allocation: Provided fur- place to prevent any duplication of benefits as 416(c)(1) of such Act (42 U.S.C. 11375(c)(1)): Pro-
ther, That amounts made available in the pre- required by section 312 of the Robert T. Stafford vided further, That Federal habitability and en-
ceding provisos may be used to cover or reim- Disaster Relief and Emergency Assistance Act vironmental review standards and requirements
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1817
shall not apply to the use of such amounts for ing the period that the program is impacted by sponsors of properties receiving project-based
those temporary emergency shelters that have coronavirus, for assistance to owners or spon- assistance pursuant to section 811 of the Cran-
been determined by State or local health offi- sors of properties receiving project-based assist- ston-Gonzalez National Affordable Housing Act
cials to be necessary to prevent, prepare for, and ance pursuant to section 8 of the United States (42 U.S.C. 8013), as amended: Provided, That
respond to coronavirus: Provided further, That Housing Act of 1937 (42 U.S.C. 1437f et seq.): the Secretary may waive, or specify alternative
amounts provided under this heading in this Act Provided, That the Secretary may waive, or requirements for, any provision of any statute
may be used for training on infectious disease specify alternative requirements for, any provi- or regulation that the Secretary administers in
prevention and mitigation and to provide haz- sion of any statute or regulation that the Sec- connection with the use of amounts made avail-
ard pay, including for time worked prior to the retary administers in connection with the use of able under this heading in this Act (except for
date of enactment of this Act, for staff working amounts made available under this heading in requirements related to fair housing, non-
directly to prevent, prepare for, and respond to this Act (except for requirements related to fair discrimination, labor standards, and the envi-
coronavirus among persons who are homeless or housing, nondiscrimination, labor standards, ronment), upon a finding by the Secretary that
at risk of homelessness, and that such activities and the environment), upon a finding by the any such waivers or alternative requirements
shall not be considered administrative costs for Secretary that any such waivers or alternative are necessary to expedite or facilitate the use of
purposes of the 10 percent cap: Provided fur- requirements are necessary to expedite or facili- such amounts to prevent, prepare for, and re-
ther, That in administering the amounts made tate the use of such amounts to prevent, prepare spond to coronavirus, and such waiver or alter-
available under this heading in this Act, the for, and respond to coronavirus, and such waiv- native requirement is consistent with the pur-
Secretary may waive, or specify alternative re- er or alternative requirement is consistent with poses described under this heading in this Act:
quirements for, any provision of any statute or the purposes described under this heading in Provided further, That the Secretary shall no-
regulation that the Secretary administers in this Act: Provided further, That the Secretary tify the public through the Federal Register or
connection with the obligation by the Secretary shall notify the public through the Federal Reg- other appropriate means of any such waiver or
or the use by the recipient of these amounts (ex- ister or other appropriate means of any such alternative requirement in order for such waiver
cept for requirements related to fair housing, waiver or alternative requirement in order for or alternative requirement to take effect, and
nondiscrimination, labor standards, and the en- such waiver or alternative requirement to take that such public notice may be provided, at a
vironment unless otherwise provided under this effect, and that such public notice may be pro- minimum, on the Internet at the appropriate
paragraph), if the Secretary finds that good vided, at a minimum, on the Internet at the ap- Government web site or through other electronic
cause exists for the waiver or alternative re- propriate Government web site or through other media, as determined by the Secretary: Provided
quirement and such waiver or alternative re- electronic media, as determined by the Sec- further, That such amount is designated by the
quirement is necessary to prevent, prepare for, retary: Provided further, That such amount is Congress as being for an emergency requirement
and respond to coronavirus: Provided further, designated by the Congress as being for an pursuant to section 251(b)(2)(A)(i) of the Bal-
That any such waivers shall be deemed to be ef- emergency requirement pursuant to section anced Budget and Emergency Deficit Control
fective as of the date a State or unit of local 251(b)(2)(A)(i) of the Balanced Budget and Act of 1985.
government began preparing for coronavirus Emergency Deficit Control Act of 1985. FAIR HOUSING AND EQUAL OPPORTUNITY
and shall apply to the use of amounts provided HOUSING FOR THE ELDERLY FAIR HOUSING ACTIVITIES
under this heading in this Act and amounts pro- For an additional amount for ‘‘Housing for For an additional amount for ‘‘Fair Housing
vided under the same heading for the Emer- the Elderly’’, $50,000,000, to remain available Activities’’, $2,500,000, to remain available until
gency Solutions Grant program in prior Acts until September 30, 2023, to prevent, prepare for, September 30, 2021, for contracts, grants, and
used by recipients to prevent, prepare for, and and respond to coronavirus, including to pro- other assistance, as authorized by title VIII of
respond to coronavirus: Provided further, That vide additional funds to maintain normal oper- the Civil Rights Act of 1968, as amended by the
the Secretary shall notify the public through the ations and take other necessary actions during Fair Housing Amendments Act of 1988, and sec-
Federal Register or other appropriate means of the period that the program is impacted by tion 561 of the Housing and Community Devel-
any such waiver or alternative requirement, and coronavirus, for assistance to owners or spon- opment Act of 1987, to prevent, prepare for, and
that such public notice may be provided, at a sors of properties receiving project-based assist- respond to coronavirus, of which $1,500,000 shall
minimum, on the Internet at the appropriate ance pursuant to section 202 of the Housing Act be for the Fair Housing Assistance Program
Government web site or through other electronic of 1959 (12 U.S.C. 1701q), as amended: Provided, Partnership for Special Enforcement grants to
media, as determined by the Secretary: Provided That of the amount provided under this heading address fair housing issues relating to
further, That any additional activities or au- in this Act, up to $10,000,000 shall be for service coronavirus, and $1,000,000 shall be for the Fair
thorities authorized pursuant to this Act, in- coordinators and the continuation of existing Housing Initiatives Program for education and
cluding any waivers and alternative require- congregate service grants for residents of as- outreach activities under such section 561 to
ments established by the Secretary pursuant to sisted housing projects: Provided further, That educate the public about fair housing issues re-
this Act, may also apply at the discretion and the Secretary may waive, or specify alternative lated to coronavirus: Provided, That such
upon notice of the Secretary with respect to all requirements for, any provision of any statute amount is designated by the Congress as being
amounts made available for the Emergency So- or regulation that the Secretary administers in for an emergency requirement pursuant to sec-
lutions Grants program under the heading connection with the use of amounts made avail- tion 251(b)(2)(A)(i) of the Balanced Budget and
‘‘Homeless Assistance Grants’’ in any prior Act able under this heading in this Act (except for Emergency Deficit Control Act of 1985.
and used by recipients to prevent, prepare for, requirements related to fair housing, non- OFFICE OF INSPECTOR GENERAL
and respond to coronavirus: Provided further, discrimination, labor standards, and the envi- For an additional amount for ‘‘Office of In-
That up to 1 percent of amounts made available ronment), upon a finding by the Secretary that spector General’’, $5,000,000, to remain available
under this heading in this Act may be used to any such waivers or alternative requirements until expended, to prevent, prepare for, and re-
make new awards or increase prior awards made are necessary to expedite or facilitate the use of spond to coronavirus: Provided, That the fund-
to existing technical assistance providers with such amounts to prevent, prepare for, and re- ing made available under this heading in this
experience in providing health care services to spond to coronavirus, and such waiver or alter- Act shall be used for conducting audits and in-
homeless populations, without competition, to native requirement is consistent with the pur- vestigations of projects and activities carried out
provide an immediate increase in capacity build- poses described under this heading in this Act: with funds made available in this Act to the De-
ing and technical assistance available to recipi- Provided further, That the Secretary shall no- partment of Housing and Urban Development to
ents of amounts for the Emergency Solutions tify the public through the Federal Register or prevent, prepare for, and respond to
Grants program under this heading in this Act other appropriate means of any such waiver or coronavirus: Provided further, That such
and under the same heading in prior Acts: Pro- alternative requirement in order for such waiver amount is designated by the Congress as being
vided further, That none of the funds provided or alternative requirement to take effect, and for an emergency requirement pursuant to sec-
under this heading in this Act may be used to that such public notice may be provided, at a tion 251(b)(2)(A)(i) of the Balanced Budget and
require people experiencing homelessness to re- minimum, on the Internet at the appropriate Emergency Deficit Control Act of 1985.
ceive treatment or perform any other pre- Government web site or through other electronic GENERAL PROVISIONS—THIS TITLE
requisite activities as a condition for receiving media, as determined by the Secretary: Provided SEC. 22001. Of the amounts made available
shelter, housing, or other services: Provided fur- further, That such amount is designated by the from the Airport and Airway Trust Fund for
ther, That such amount is designated by the Congress as being for an emergency requirement ‘‘Federal Aviation Administration—Operations’’
Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- in title XI of division B of the Bipartisan Budg-
pursuant to section 251(b)(2)(A)(i) of the Bal- anced Budget and Emergency Deficit Control et Act of 2018 (Public Law 115–123), up to
anced Budget and Emergency Deficit Control Act of 1985. $25,000,000 may be used to prevent, prepare for,
Act of 1985. HOUSING FOR PERSONS WITH DISABILITIES and respond to coronavirus: Provided, That
HOUSING PROGRAMS For an additional amount for ‘‘Housing for amounts repurposed in this section that were
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PROJECT-BASED RENTAL ASSISTANCE Persons with Disabilities’’, $15,000,000, to remain previously designated by the Congress as an
For an additional amount for ‘‘Project-Based available until September 30, 2023, to prevent, emergency requirement pursuant to the Bal-
Rental Assistance’’, $1,000,000,000, to remain prepare for, and respond to coronavirus, includ- anced Budget and Emergency Deficit Control
available until expended, to prevent, prepare ing to provide additional funds to maintain nor- Act of 1985 are designated by the Congress as an
for, and respond to coronavirus, including to mal operations and take other necessary actions emergency requirement pursuant to section
provide additional funds to maintain normal op- during the period that the program is impacted 251(b)(2)(A)(i) of the Balanced Budget and
erations and take other necessary actions dur- by coronavirus, for assistance to owners or Emergency Deficit Control Act of 1985.
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H1818 CONGRESSIONAL RECORD — HOUSE March 27, 2020
SEC. 22002. For amounts made available by (1) each determination made by the Secretary breach within a category for fiscal year 2020
this Act under the headings ‘‘Northeast Corridor under subsection (a); and pursuant to section 251(a)(6) or section 254(g) of
Grants to the National Railroad Passenger Cor- (2) each waiver or postponement of a require- the Balanced Budget and Emergency Deficit
poration’’ and ‘‘National Network Grants to the ment under that subsection. Control Act of 1985, and notwithstanding any
National Railroad Passenger Corporation’’, the (c) EMERGENCY REQUIREMENT.—The amount other provision of this division, the budgetary
Secretary of Transportation may not waive the provided by this section is designated by the effects from this division shall be counted as
requirements under section 24312 of title 49, Congress as being for an emergency requirement amounts designated as being for an emergency
United States Code, and section 24305(f) of title pursuant to section 251(b)(2)(A)(i) of the Bal- requirement pursuant to section 251(b)(2)(A) of
49, United States Code: Provided, That for anced Budget and Emergency Deficit Control such Act.
amounts made available by this Act under such Act of 1985. This division may be cited as the ‘‘Emergency
headings the Secretary shall require the Na- TITLE XIII Appropriations for Coronavirus Health Re-
tional Railroad Passenger Corporation to com- GENERAL PROVISIONS—THIS ACT sponse and Agency Operations’’.
ply with the Railway Retirement Act of 1974 (45 MOTION TO CONCUR
U.S.C. 231 et seq.), the Railway Labor Act (45 SEC. 23001. Each amount appropriated or
made available by this Act is in addition to Mr. HOYER. Mr. Speaker, I have a
U.S.C. 151 et seq.), and the Railroad Unemploy- motion at the desk.
ment Insurance Act (45 U.S.C. 351 et seq.): Pro- amounts otherwise appropriated for the fiscal
year involved. The SPEAKER pro tempore. The
vided further, That not later than 7 days after
the date of enactment of this Act and each sub-
SEC. 23002. No part of any appropriation con- Clerk will designate the motion.
sequent 7 days thereafter, the Secretary shall
tained in this Act shall remain available for ob- The text of the motion is as follows:
ligation beyond the current fiscal year unless Mr. Hoyer moves that the House concur in
notify the House and Senate Committees on Ap-
expressly so provided herein. the Senate amendment to H.R. 748.
propriations, the Committee on Transportation
SEC. 23003. Unless otherwise provided for by
and Infrastructure of the House of Representa- The SPEAKER pro tempore. Pursu-
this Act, the additional amounts appropriated
tives, and the Committee on Commerce, Science, ant to House Resolution 911, the mo-
by this Act to appropriations accounts shall be
and Transportation of the Senate of any Na- tion is debatable for 3 hours, equally
available under the authorities and conditions
tional Railroad Passenger Corporation employee divided and controlled by the majority
applicable to such appropriations accounts for
furloughs as a result of efforts to prevent, pre- leader and the minority leader or their
fiscal year 2020.
pare for, and respond to coronavirus: Provided
further, That in the event of any National Rail-
SEC. 23004. (a) Subject to subsection (b), and respective designees. The gentleman
notwithstanding any other provision of law, from Maryland (Mr. HOYER) and the
road Passenger Corporation employee furloughs
funds made available in this Act, or transferred gentleman from Texas (Mr. BRADY)
as a result of efforts to prevent, prepare for, and
pursuant to authorization granted in this Act,
respond to coronavirus, the Secretary shall re- each will control 90 minutes.
may only be used to prevent, prepare for, and
quire the National Railroad Passenger Corpora- The Chair recognizes the gentleman
respond to coronavirus.
tion to provide such employees the opportunity (b) Subsection (a) shall not apply to sections from Maryland.
to be recalled to their previously held positions 11002, 13002, and 18114 of this Act, reimburse- GENERAL LEAVE
as intercity passenger rail service is restored to ments made pursuant to authority in this Act, Mr. HOYER. Mr. Speaker, I ask
March 1, 2020 levels and not later than the date or to funds made available in this Act for the unanimous consent that all Members
on which intercity passenger rail service has Emergency Reserve Fund, established pursuant
been fully restored to March 1, 2020 levels. have 5 legislative days to revise and ex-
to section 7058(c)(1) of division J of Public Law tend their remarks and insert extra-
SEC. 22003. For the duration of fiscal year
115–31, or to funds made available in this Act for
2020, section 127(i)(1)(A) of title 23, United neous material on the matter under
the Infectious Diseases Rapid Response Reserve
States Code, shall read as if and apply to situa- consideration.
Fund, established pursuant to section 231 of di-
tions in which: the President has declared an The SPEAKER pro tempore. Is there
vision B of Public Law 115–245.
emergency or a major disaster under the Robert objection to the request of the gen-
(c) This section shall not apply to title VI of
T. Stafford Disaster Relief and Emergency As- tleman from Maryland?
this Act.
sistance Act (42 U.S.C. 5121 et seq.). There was no objection.
SEC. 23005. In this Act, the term
SEC. 22004. No later than September 30, 2020,
the remaining unobligated balances of funds ‘‘coronavirus’’ means SARS–CoV–2 or another Mr. HOYER. Mr. Speaker, I yield my-
made available for the youth homelessness dem- coronavirus with pandemic potential. self 1 minute.
SEC. 23006. Each amount designated in this Mr. Speaker, we meet at a chal-
onstration under the heading ‘‘Department of
Act by the Congress as being for an emergency lenging time in our country and in the
Housing and Urban Development—Community
requirement pursuant to section 251(b)(2)(A)(i) global community. This session will be
Planning and Development—Homeless Assist-
of the Balanced Budget and Emergency Deficit
ance Grants’’ in the Consolidated Appropria-
Control Act of 1985 shall be available (or re-
different than most, where we come to-
tions Act, 2018 (Public Law 115–141) are hereby gether and reach out our hands. We hug
scinded or transferred, if applicable) only if the
permanently rescinded, and an amount of addi- one another in affection and thanks for
President subsequently so designates all such
tional new budget authority equivalent to the the collegial work with us on the peo-
amounts and transmits such designations to the
amount rescinded is hereby appropriated, to re-
main available until September 30, 2021, in addi-
Congress. ple’s business.
tion to other funds as may be available for such
SEC. 23007. Any amount appropriated by this People who can see the Chamber now
Act, designated by the Congress as an emer- will see that we are keeping distance
purposes, and shall be available, without addi-
gency requirement pursuant to section from one another, not out of hostility,
tional competition, for completing the funding
251(b)(2)(A)(i) of the Balanced Budget and
of awards made pursuant to the fiscal year 2018 but out of love for one another, that we
Emergency Deficit Control Act of 1985 and sub-
youth homelessness demonstration.
sequently so designated by the President, and may keep one another healthy and
HIGHWAY SAFETY GRANTS EMERGENCY AUTHORITY
transferred pursuant to transfer authorities pro- safe. It will, therefore, be an unusual
SEC. 22005. (a) IN GENERAL.—The Secretary of session, but a critical session.
vided by this Act shall retain such designation.
Transportation (referred to in this section as the Mr. Speaker, this legislation rep-
BUDGETARY EFFECTS
‘‘Secretary’’) may waive or postpone any re- resents a bipartisan resolve to meet
quirement under section 402, 404, 405, or 412 of SEC. 23008. (a) STATUTORY PAYGO SCORE-
title 23, United States Code, section 4001 of the CARDS.—The budgetary effects of this division the coronavirus challenge head-on. It
FAST Act (Public Law 114–94; 129 Stat. 1497), or shall not be entered on either PAYGO scorecard represents a focus on families and
part 1300 of title 23, Code of Federal Regulations maintained pursuant to section 4(d) of the Stat- workers, with the objective of making
(or successor regulations), if the Secretary deter- utory Pay As-You-Go Act of 2010. them safer and economically sup-
(b) SENATE PAYGO SCORECARDS.—The budg-
mines that— ported. It will protect workers and
(1) the Coronavirus Disease 2019 (COVID–19) etary effects of this division shall not be entered
on any PAYGO scorecard maintained for pur- their families in our economy as we all
is having a substantial impact on— do our part to flatten the curve.
(A) the ability of States to implement or carry poses of section 4106 of H. Con. Res. 71 (115th
out any grant, campaign, or program under Congress). Public health officials have made it
those provisions; or (c) CLASSIFICATION OF BUDGETARY EFFECTS.— clear that the only chance we have to
(B) the ability of the Secretary to carry out Notwithstanding Rule 3 of the Budget prevent our healthcare system from
any responsibility of the Secretary with respect Scorekeeping Guidelines set forth in the joint being overwhelmed by this pandemic,
to a grant, campaign, or program under those explanatory statement of the committee of con- as it is threatened to be, is for as many
provisions; or ference accompanying Conference Report 105– Americans to stay home as possible.
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(2) the requirements of those provisions are 217 and section 250(c)(7) and (c)(8) of the Bal- It is, however, necessary for us to be
having a substantial impact on the ability of anced Budget and Emergency Deficit Control
Act of 1985, the budgetary effects of this division
here to pass legislation to respond on
States or the Secretary to address the
Coronavirus Disease 2019 (COVID–19). shall be estimated for purposes of section 251 of behalf of the American people to this
(b) REPORT.—The Secretary shall periodically such Act. daunting challenge.
submit to the relevant committees of Congress a (d) ENSURING NO WITHIN-SESSION SEQUESTRA- The closure means that large parts of
report describing— TION.—Solely for the purpose of calculating a our economy must be temporarily shut
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1819
down, causing severe disruption for the Members have been working temporarily increasing the size of un-
businesses and workers. We saw the im- around the clock, literally, Mr. Speak- employment checks and lengthening
pact of this yesterday, when new unem- er, around the clock to determine them if more time is needed to get on
ployment insurance claims increased needs and priorities and meet them. your feet.
by more than 3 million people, 3 mil- The House continues to stand ready We take unprecedented action to
lion individuals, 3 million who are in to take additional steps when and as save America’s local businesses and
families who rely on them for support they are needed to win this battle for their workers. Main Street businesses
and contributions to the support of the safety and health of our people and face a crushing cash-flow problem.
their families and their children. our Nation. Their customers have disappeared.
Today, the House is taking action on Together, Democrats and Repub- They now face a cascading sequence of
phase three of our response to this un- licans, together, we Americans, we layoffs and closures.
precedented challenge. Americans will work together to do our Through temporary tax relief and
We initially responded, Mr. Speaker, part in fighting against the lending, this bill injects cash directly
to the immediate need of our Nation coronavirus. into our local businesses, small and
with $8.3 billion in appropriations to Mr. Speaker, all of us stand in awe large, to stop this cash-flow crisis. We
meet the immediate health needs of and deep gratitude to the millions of focus on preserving business to pre-
our people. Americans who have shown courage serve jobs, to get them through these
A little over 2 weeks ago, we acted to and commitment at this dangerous and next few weeks.
meet the continuing health and eco- challenging time: our doctors, our Businesses can keep their payroll
nomic needs of our people. That was nurses, our medical personnel, our po- taxes in their bank accounts this year,
phase two. lice, our firefighters, and our emer- and quickly turn their mounting losses
This bill, Mr. Speaker, which is phase gency medical response teams; those into tax relief so they have more cash
three of our effort, will increase unem- keeping our pharmacies, grocery on hand to keep workers and to sur-
ployment insurance benefits to those stores, gas stations, and other critical vive. These two actions alone keep $500
furloughed or laid off while expanding facilities open; and so many in the pri- billion in our local economy.
eligibility to include the self-employed vate and public sectors who are daily For small businesses, we offer fully
and contract workers, and send checks showing up to serve the needs of their guaranteed loans through your local
to most Americans to help them get neighbors and fellow citizens. banker, with the promise that if you
through this difficult period. Mr. Speaker, they reflect the best of keep your workers on the payroll, that
Mr. Speaker, I am personally dis- the ‘‘home of the brave.’’ It is in times portion of the loan will be forgiven.
appointed that Senate Republicans in- like these that we remind the world For larger and the most distressed
sisted on shortchanging the 700,000 peo- and ourselves that we are truly one Na- businesses, we provide loans, too,
ple of the District of Columbia by $700 tion, under God, indivisible, working knowing your survival is crucial to
million, treating the District as a ter- together to overcome the greatest millions of American workers.
ritory and not as a State for the pur- challenge with the greatest resolve. These loans aren’t bailouts. They are
poses of allocating stabilization funds, Mr. Speaker, I reserve the balance of given with oversight and repayment to
as is so often the case. This jeopardizes my time. companies that did nothing wrong but
the entire national capital region as we Mr. BRADY. Mr. Speaker, I yield my- suffered collateral damage as a result
work together to prevent further self such time as I may consume. of this virus.
spread of coronavirus. Mr. Speaker, we gather this morning Finally, the new worker retention
I will be working with Delegate in an America battling the coronavirus credit, championed by Ways and Means
Holmes Norton and our colleagues to on two fronts: medically and economi- Republicans and Leader KEVIN MCCAR-
enact legislation correcting this injus- cally. THY, is to help our local businesses
tice, and I look forward to working Today’s vote is about saving lives keep workers on the job. For busi-
with my colleagues on both sides of the and livelihoods, providing the urgent nesses closed or partially closed due to
aisle to accomplish that objective. relief needed to keep workers on the a government order that have seen
As the number of coronavirus cases job, helping those who have lost theirs, their incomes drop by 50 percent or
in our country rises above 85,000 of our and preserving Main Street businesses more, if they pay half of their workers’
fellow citizens and continues to in- so they can ride out this crisis and re- salaries, we will pay the other half, up
crease exponentially, we must take bound strongly. to $10,000, through this crisis.
swift action to ensure that people can In 20 short days, our economy has The sooner we lock down the
stay home to slow the spread of this taken a hit like we have rarely seen in coronavirus, the sooner we unlock this
deadly virus, and that our economy can America’s history. Thankfully, due to economy. To quicken that, we give our
be supported so that it can rebound President Trump and Republicans in hospitals, doctors, nurses, nonprofits,
when the medical experts and sci- Congress, America had the strongest and rural healthcare providers on the
entists say it is safe to do so. economy in the world heading into this front lines over $140 billion in new re-
I thank the Speaker and the com- challenge. Still, Congress must act ag- sources.
mittee chairs who have worked tire- gressively and act together now to We give unprecedented flexibility to
lessly to bring this agreement to fru- stem the economic damage. telehealth. We increase by 20 percent
ition, including Chairwoman NITA Senate Democrats, aided by Speaker reimbursements for coronavirus treat-
LOWEY, Chairman FRANK PALLONE, PELOSI, unfortunately, delayed this bill ments. We accelerate Medicare fund-
Chairman RICHARD NEAL, Chairman for days and used this crisis to advance ing, and we give patients more flexi-
BOBBY SCOTT, Chairman PETER DEFA- a frivolous political agenda. It failed, bility to use their health savings ac-
ZIO, Chairwoman MAXINE WATERS, as but the Senate found unanimous, if not counts.
well as other chairs who have partici- perfect, common ground. Mr. Speaker, while no one will agree
pated in forging this legislation with a This bill arms families with eco- with every part of this rescue bill, we
bipartisan coalition in the United nomic support, tax rebates of $1,200 per face a challenge rarely seen in Amer-
States Senate. person and $500 per child, to help them ica’s history. We must act now, or the
I thank, as well, the extraordinary ride this out. We also make it easier toll on lives and livelihoods will be far
staff—the extraordinary staff—who for Americans to access their savings greater. I strongly urge its passage.
have worked around the clock in a very penalty-free and let seniors over 72 Mr. Speaker, I reserve the balance of
short period of time, knowing full well keep their savings intact. my time.
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the crisis that confronts us and that Workers get unprecedented help. Un- Mr. HOYER. Mr. Speaker, I yield 4
time is of the essence. employment is being expanded by $250 minutes to the gentleman from Massa-
Thank you, staff. billion to make sure the self-employed, chusetts (Mr. NEAL), one of the senior
The staff of each of our committees, the contractor, the freelancer, the fur- Members of the Congress and the chair-
our Members, and the leadership, the loughed, and the Uber driver all have a man of the Ways and Means Com-
staffs of all three of those entities, and lifeline to ride out this crisis. We are mittee.
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H1820 CONGRESSIONAL RECORD — HOUSE March 27, 2020
Mr. NEAL. Mr. Speaker, we have morning. I also thank my Ways and for the manufacturing, production, and
been whisked here this morning in one Means Committee staff who have been purchase of vaccines, therapeutics,
of the grave challenges of our life- working around the clock since this diagnostics, and other items to address
times. crisis began and have provided the the Nation’s medical or preparedness
Usually, in March, we talk about committee and the Congress with un- needs.
brackets. Well, the brackets this morn- paralleled technical expertise and The CARES Act opens up the fastest
ing are clear. Those brackets are about counsel. They deserve our appreciation. computers in the world at our national
the health of the American people and We are facing this grave enemy in laboratories for research and analysis
the economic security of the American COVID–19. It is dark and uncertain related to the COVID–19 virus. We help
family. times that we are witnessing today, EPA expedite the ability to get dis-
This is not about corruption. This is but that is why we are here. We are infectants to market more quickly to
not about military conflict. Certainly, here to fight for things that matter to protect the public from COVID–19 and
it is not about malfeasance. America, to prioritize their health and prevent its further spread. In a volatile
Our country is weathering an unprec- economic well-being. oil market, the CARES Act smartly
edented public health crisis that de- We have a responsibility to take this delays a mandatory 2020 sale of oil
mands an unprecedented response from bold action this morning so that our from the Strategic Petroleum Reserve
the United States Government. I am economy will keep going for workers through 2022.
really proud of the critical solutions and small business and to give families Included in the package are improve-
our Ways and Means Committee col- the peace of mind they can depend ments to expand access to care through
leagues and I contributed to this legis- upon so that their government can help telehealth, including $200 million for
lation. keep them whole in this crisis. the FCC for telehealth services and de-
This legislation could be called the That is what we did in this bill. vices and an expansion of telehealth
families’ health and economic security There will be a phase four, which will services in the Medicare program.
stabilization act because that is what be real stimulus as opposed, I think, to The package also extends vital Medi-
we are doing this morning, providing the stabilization effort we make today. care, Medicaid, and public health pro-
stability. We wish our colleagues and the grams, including community health
The healthcare workers on the front American people the best at this time. centers, among many others, until No-
lines of this crisis are being pushed to Take care of one another. vember 30 this year.
their limits, both financially and phys- But I fully support this legislation We mobilize the Nation’s health
ically. They need more masks, tests, being passed in a timely manner. That workforce by providing liability pro-
ventilators, and beds to combat this means this morning. tections to those who provide volun-
virus. This legislation will help them Mr. BRADY. Mr. Speaker, I yield 21⁄2 teer medical services during the public
secure these fundamental resources minutes to the gentleman from Oregon health crisis and by standing up the
with $100 billion in funding for hos- (Mr. WALDEN), who is the top Repub- Ready Reserve.
pitals and our healthcare system. lican on the Energy and Commerce We take steps to protect our medical
As we work to protect the health of Committee. supply chain, something that I hope
all Americans, we are also focused on Mr. WALDEN. Mr. Speaker, this the Congress will continue to work on
the health of our economy. Just yester- package is not the first response to the after we pass this legislation today.
day morning, we learned that this COVID–19 pandemic, nor will it be the Today’s phase three approach is the
week’s unemployment claims sky- last. most comprehensive and robust re-
rocketed by over 1,000 percent. The American people expect us to set sponse to COVID–19 yet. Together, we
As we face this record economic chal- partisanship aside in times of crisis are going to win this war.
lenge, families need benefits that will and do what is best for our country and Mr. HOYER. Mr. Speaker, I yield 4
allow them to cover essential expenses for our constituents, and that is what minutes to the gentlewoman from Con-
like food, rent, and medication. From we are doing today. necticut (Ms. DELAURO), who is one of
the beginning of this crisis, Ways and We are helping healthcare providers the leaders in this Congress on pro-
Means Democrats have understood that on the front lines back home get the tecting families and children.
expanding unemployed benefits must personal protective equipment they Ms. DELAURO. Mr. Speaker, I rise in
be a top priority. need and the medicines and medical de- support of this historic bill.
vices that will save the lives of their This is the biggest economic and
b 0920 patients. We are helping people who health crisis the country has ever
The additional $600 per week in un- have lost their jobs get a lifeline. We faced. Nurses and doctors are in inten-
employment benefits that we fought are helping our small businesses keep sive care units trying to save our hu-
for is the least we can do to help those their workforce together. We are mak- manity against this awful pandemic.
who, through no fault of their own, find ing record investments into finding This is the biggest governmental re-
themselves without a paycheck. Simi- treatments and a cure. We are helping sponse the country has ever seen to
larly, the direct infusion of $1,200 in our State and local governments, too. rescue people, the economy, and our
cash for American adults whom we We are all in this together. With healthcare system.
fought for will help families through President Trump’s leadership, we are It is necessary. The United States is
these challenging times. all in this to win as fast as medically now the epicenter of a global pan-
We also fought to include provisions possible. demic. Cases of the coronavirus are ris-
to shore up the financial health of In order to prevent our health system ing exponentially.
small business and other struggling from collapsing under the weight of To slow the spread of the contagion,
employers. We were adamant about the this virus, we are providing unprece- serious measures of social distancing
inclusion of the employee retention dented support for our Nation’s are underway. Schools are closing.
credit because we know that the Amer- healthcare providers, including $100 bil- Businesses are shuttering. Last week,
ican economy will bounce back from lion for hospitals, labs, doctors, and in- more than 3 million filed for unemploy-
this, and employers who take action to creased reimbursement for treating ment.
keep their employees on the payroll COVID–19 patients. So, the hour is dark. But today, Con-
should be rewarded. We will dramatically expand produc- gress is ready to help get families,
This legislation is the product of two tion and distribution of medical sup- workers, and the country to the dawn
very different sides coming together to plies by providing liability protections of recovery. For that, I commend
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protect the health and financial secu- through the PREP Act for respirator Speaker NANCY PELOSI, Appropriations
rity of all Americans in the face of this manufacturers, providing $16 billion for Chair NITA LOWEY, and all the Appro-
crisis. the Strategic National Stockpile to priations subcommittee chairs. Their
I thank the many Members on both procure medical countermeasures such leadership has been crucial in the
sides of the aisle, and the Capitol, who as personal protective equipment and progress that we were able to make for
have worked to get us to this bill this ventilators, and providing $11 billion the people.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1821
Had we passed our House bill, things Mr. CHABOT. Mr. Speaker, I thank Finally, the bill permits small busi-
would be different, but we managed to the gentleman for yielding. ness owners who have applied for an
shape this package in a fundamental Mr. Speaker, this is a critical time in SBA Economic Injury Disaster Loan to
way. We secured a large investment in our Nation’s history. People are wor- request in advance up to $10,000.
hospitals, health systems, and State ried about their health and that of I am grateful that we can help small
and local governments; a profound in- their loved ones. They are wondering businesses in this act.
crease in unemployment insurance how long this new way of life will last. Mr. HOYER. Mr. Speaker, I have
benefits; and a significant expansion in But people across our great Nation are thanked each and every one of the
support for small businesses. We made coming together. chairs. None have worked harder than
rent, mortgage, and utility costs eligi- I have seen the response in my own Mr. DEFAZIO from the State of Oregon.
ble for SBA loan forgiveness. district, where yesterday would have He is one of this country’s experts on
As chair of the Labor, Health and been opening day, and the Cincinnati transportation and the movement of
Human Services, Education, and Re- Reds remain undefeated. goods and services so critical to our
lated Agencies Subcommittee, I am From the bold leadership of Ohio’s economy and so critical to the health
proud of the investments we have made Governor Mike DeWine and Depart- of our people.
for working people, for public health, ment of Health Director Dr. Amy Mr. Speaker, I yield 4 minutes to the
and for our teachers and students. Acton to the brave healthcare workers gentleman from Oregon (Mr. DEFAZIO).
For health, we secured $140 billion for on the front lines of facilities like the Mr. DEFAZIO. Mr. Speaker, this is an
the Department of Health and Human University of Cincinnati Medical Cen- unprecedented challenge to the health
Services; $4.3 billion for the Centers for ter and the local companies that have and economic well-being of the United
Disease Control and Prevention to re- volunteered to produce much-needed States of America, and I am proud to
spond to the pandemic; $945 million for personal protective equipment, these be a Member of the House today here
the NIH to support research; $127 bil- men and women are heroes, risking to address this.
lion for our medical response effort; their lives and livelihoods so that their There are numerous provisions of
and important increases for seniors, fellow citizens may continue to live as this bill with which I disagree, and I
those living with disabilities, and those comfortably and as normally as pos- know there are numerous provisions
struggling with mental health. sible during this trying time. that my Republican colleagues dis-
For education, we secured $30 billion As the ranking member of the House agree with, but let’s put it a little bit
for the Department of Education, bil- Small Business Committee, I want to in perspective.
lions for elementary and secondary single out the contribution of this Na- After 9/11, we bailed out the airlines,
education, and billions to help colleges tion’s small businesses. To those that and they got a bunch of cash.
and universities confront the imme- have had to temporarily close and What did they do then? They de-
diate effects of the pandemic. those who have bravely stayed open to clared bankruptcy, and they preserved
While this funding is crucial, let me provide life-sustaining supplies, I want their assets—except not their most val-
be clear: It is a start. you to know that there is help in this uable assets. They screwed their em-
For working people and families, we bill. We have come together in this leg- ployees. They lost their pensions; they
secured $3.5 billion for the Child Care islation to help our entrepreneurs who lost their stock options; and they lost
and Development Block Grant and $360 so urgently need it. Small businesses their jobs.
million for programs at the Depart- and their employees often rise before I remember talking to a 55-year-old
ment of Labor. the Sun and retire under the stars to flight employee who had been flying 25
I am proud of the increases that ensure that their customers’ needs are years. She said: Now I have to fly 10
other Appropriations subcommittee met and often exceeded. more just to get the guaranteed pen-
chairs have secured: millions to ensure Along the way, the Small Business sion at 35 percent of what I would have
the Economic Injury Disaster Loans; Administration, or SBA, is charged gotten.
millions to assist firefighters and our with assisting the Nation’s smallest Mr. Speaker, that can’t happen
first responders to secure personal pro- firms. When disaster strikes, the SBA again.
tective equipment; $25 billion for pub- helps businesses get back on their feet. Then, in 2008, Hank Paulson came to
lic transit to protect passengers and As we face the unprecedented chal- us, and he said: Just give me the key to
operators as they access essential serv- lenge of COVID–19 we must ensure that the Treasury, and I will take care of
ices; $5 billion for the Community De- small businesses have the resources this.
velopment Block Grant program, to needed to weather that storm. They Well, for 1 day in the House of Rep-
help communities respond to economic are being forced to make tough choices resentatives, we stood strong, and we
and housing impacts; emergency fund- to protect themselves, their employees, defeated that. Two days later, we came
ing for child nutrition programs; $4 bil- and their customers. They are laying back with something a little bit better
lion for homeless grants; and $45 billion off staff who are like family to them, but nowhere near adequate.
for FEMA disaster relief, providing as- cutting hours when workers need them We need to learn from those mis-
sistance to every single State that has most and closing their doors after takes. That was supposed to save peo-
declared an emergency. And we have years or even decades of successful op- ple’s homes and their jobs. Millions
provided relief to our Tribal organiza- eration. lost their homes, their jobs, and their
tions and to our territories. To alleviate these enormous pres- pensions. But Wall Street, hey, they
So, I embrace this historic bill. I sures, the CARES Act, this legislation, prospered.
know the Speaker, Appropriations creates a new program specifically de- Never again.
Chairwoman LOWEY, and the com- signed to respond to the current crisis. We started a week ago with Sec-
mittee chairs fought to include paid That program, the Paycheck Protec- retary Mnuchin proposing the same
sick days, paid leave for all, increased tion Program, provides $350 billion for thing that Hank Paulson proposed—
food assistance, and a strengthened and 100 percent federally guaranteed loans they all come from Wall Street—a cou-
fully refundable child tax credit and a for up to 8 weeks of assistance. These ple of decades ago.
young child tax credit. Soon, duty will loans can be forgiven when used for The Democrats fought back. We said:
call on us to take the next major bold payroll, interest on mortgage, rent, No, it is going to be workers and fami-
steps in this crisis. and utilities. lies first.
I call on the House of Representa- The CARES Act also creates a This is a different kind of recovery
tives to support the relief that Ameri- deferment payment on current 7(a) package. It is an ultimate bipartisan
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cans need. loans. The SBA will pay all principal, product. It passed the Senate unani-
Mr. BRADY. Mr. Speaker, I yield 21⁄2 interest, and fees for those small busi- mously, and it emphasizes payrolls—
minutes to the gentleman from Ohio nesses for up to 6 months. These pay- maintaining payrolls and maintaining
(Mr. CHABOT), who is the Republican ment obligations will be completely benefits. It is going to get help to small
leader of the Small Business Com- forgiven and removed from a bor- businesses, from individual owners to
mittee. rower’s books. larger businesses. It is going to target
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H1822 CONGRESSIONAL RECORD — HOUSE March 27, 2020
people with extended and enhanced un- own party, and I said one thing. I said: are the heart of America’s Main
employment benefits. Some who work If there is one job that we as Congress Streets. Unfortunately, many entre-
in the gig economy wouldn’t be eligible should do and do well, it is to help preneurs are now facing impossible de-
for anything. They are totally out. Americans recover from a disaster that cisions about their future.
So, these are really good things in they didn’t ask for. b 0940
this bill. We are in the midst of the worst eco-
The aviation section should be a nomic disaster that we have seen in my This bill is about assisting these
model for any industry that gets lifetime. Mr. Speaker, 31⁄2 weeks ago, Main Street small businesses and their
money from the funds that Mnuchin we were in an economy with economic workers, not Wall Street banks or big
distributes. growth and historic low sustained un- corporations.
There are two packages. One is a pay- employment that we all promised the We have taken a Republican-written
roll passthrough to keep the people American people we would deliver to- bill that was unfairly weighted toward
working, keep their benefits, and keep gether. In less than 31⁄2 weeks, this eco- big companies and reshaped it to
their pay. The other part is heavily nomic disaster has hit many indus- prioritize small businesses, their work-
conditioned loans: no stock buybacks, tries. ers, and their families. This emergency
no dividends, no executive bonuses, and I can say, as I flew out this morning package channels relief to small enter-
no bankruptcy for a year after you from St. Louis to Ronald Reagan Wash- prises now. It provides more than $377
take these loans. Keep the industry in- ington National Airport, there were billion in relief for struggling small
tact. It is vital. two Members of Congress on the plane firms to help them pay workers and
And $3 billion goes to the contract out of the total of four passengers. If keep their doors open.
workers and the service workers, who First, this bill allocates $350 billion
you don’t think that industry is on the
are the most abused people in the in- for forgivable, low-cost loans for busi-
brink of collapse, I urge you to use it
dustry. They are the ones whom you nesses to continue paying their em-
right now, and you will see.
never see who keep the plane clean, But it is our Main Street businesses ployees. Let me be clear: These loans
who load the food, and who move your and our Main Street companies that are fully forgivable if firms keep their
bags and do everything else. They push workforce on the payroll during this
line the streets of every rural commu-
the wheelchairs. They get rotten pay. crisis. Since the crisis began, I have
nity that I represent and line the
They get assistance in this bill. been advocating for debt-free ways to
So, this will keep the framework of streets of this great country that are
hurting the most. It is their economic get capital to small firms. This provi-
this industry alive. sion accomplishes that goal.
COVID–19 is what we are battling disaster. They are being told that they
are not able to operate. The new Paycheck Protection Pro-
now, but we have been battling some- gram is designed to help businesses and
thing else in our economy for a long We need to do better. We need to pass
this bill and give them the revenue, the workers weather the public health cri-
time: corporate greed. Wall Street de-
opportunity, and the cash flow to get sis, remain open, and, when we finally
mands to put profits over people. $2
through this so we can get through this defeat this awful virus, resume growth
trillion in tax cuts went to the people
as Americans. quickly.
at the top. For too long, the working
Students: You get a chance to defer Beyond these fully forgivable loans,
people of this country have been ig-
your loan payments. What is great is, Democrats fought for emergency
nored. Not this time.
We need a system that always puts when these businesses recover, they grants. I am proud to say, working
workers and families first, not just now have the opportunity to tax-free with my counterparts in the Senate,
during a national emergency and not help you pay your student debt. we have secured $10 billion for SBA to
just when it is politically convenient. I This is what happens when we work provide grants to small businesses for
am ready at any time to roll up my together, and these are the things that the first time in its history.
sleeves for that fight. will happen when we pass this bill. It is Additionally, we must assist current
Mr. BRADY. Mr. Speaker, I yield 2 not about social media today. It is SBA borrowers that have loan pay-
minutes to the gentleman from Illinois about helping the American people. ments due soon. That is why we are
(Mr. RODNEY DAVIS), who is the Repub- Let’s do it. providing every current 7(a) and 504
lican leader of the House Administra- Mr. HOYER. Mr. Speaker, I agree loan and Microloan borrower with pay-
tion Committee. with the gentleman from Illinois. This ment relief for 6 months. This
Mr. RODNEY DAVIS of Illinois. Mr. is about all of us as Americans, not as deferment will also be open to new bor-
Speaker, as the ranking member of the Republicans and Democrats, helping rowers to help them stay afloat. This
House Administration Committee, I those who are challenged, as all of our bill provides SBA with $675 million in
want all of my colleagues to make sure country is. funding to not only hire new staff and
that before we leave this floor today, Our next speaker is my dear friend equipment, but also to ensure SBA
after, hopefully, passing this piece of from New York City—one of the services are being delivered in lan-
legislation, that we thank every staff epicenters of this challenge—who has guages other than English.
member who works for the House, who led the Small Business Committee with Last but not least, entrepreneurial
makes sure that this House is clean, extraordinary ability and passion and development programs will get $265
and who makes sure that this House making sure that the small business- million for counseling and training re-
operates. They are here sitting there in men and -women of America are helped lated to COVID–19.
the well, and they are here in our hall- and addressed in this bill. I should note, this bill is not perfect.
ways. They are doing the jobs that Mr. Speaker, I yield 4 minutes to the It is the result of painstaking com-
allow us to do our job. gentlewoman from New York (Ms. promise. As with any compromise, no
On behalf of everyone here, I thank VELÁZQUEZ). one side got everything they wanted.
them for what they do every single Ms. VELÁZQUEZ. Mr. Speaker, I For now, however, small firms need to
day. It is important. thank the majority leader for yielding. stop the bleeding, and this bill provides
The first vote that I took on this Mr. Speaker, our Nation faces an un- an economic tourniquet.
House floor—one of the first—was for precedented crisis. With one in three Mr. Speaker, I am proud of the work
Superstorm Sandy relief. My good Americans being told to stay home to we accomplished in this package. I
friend, Mr. VAN DREW, sitting next to flatten the curve, the American econ- thank Senators CARDIN, SHAHEEN,
me here, I am sure had more of a front- omy has essentially been shut off. Res- COONS, and RUBIO and all the members
line view as a State senator in New taurants, hotels, bars, retail stores, of the House Committee on Small Busi-
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Jersey at the time as to what kind of barbershops, dance and yoga studios, ness that worked so hard on this bill,
impact that disaster assistance had on and gyms—practically every segment as well as the ranking member, STEVE
the ground to those Americans who of the small business sector is suffering CHABOT, and the amazing staff that
were hurting. immeasurably. worked long hours to get us here.
I went back and took criticism from Whether it is Brooklyn, New York, or Mr. Speaker, I ask for everyone to
many in the media and some in my Brooklyn, Wisconsin, small businesses support this bill.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1823
Mr. BRADY. Mr. Speaker, I yield 2 doing this work that usually takes The next package must include safe-
minutes to the gentleman from Ala- months. It has just been in days that ty protections for frontline healthcare
bama (Mr. ROGERS), the leading Repub- they have been able to put this bill to- workers and emergency responders who
lican on the Committee on Homeland gether. are risking their lives every day.
Security. Mr. Speaker, I rise with my col- The next package must expand emer-
Mr. ROGERS of Alabama. Mr. Speak- leagues on both sides of the aisle to gency paid sick leave and paid family
er, I rise today in support of our efforts support the CARES Act. As a result of and medical leave without exceptions
to defeat this deadly virus. This bill the significant changes made over the so workers can take care of themselves
will help people who are hurting be- past few days, this legislation now and their loved ones without having to
cause of this outbreak. takes important steps to give students, sacrifice their paychecks.
For those from rural districts, like workers, and families the support they The next package has to ensure that
mine, our hospitals cannot handle the need during this public health emer- Americans who are fighting the disease
onslaught of patients. Hospitals in my gency. are not hit with costly medical bills
district face a situation as dire as it Many of the provisions of the bill fall afterwards.
has ever been in my 18 years in Con- within the jurisdiction of the Com- In the second response package, we
gress. The capacity just isn’t there. Be- mittee on Education and Labor. For established universal, no-cost COVID–
fore the COVID–19 outbreak, most hos- example, one of our most important 19 testing. The next package that we
challenges is to help workers maintain have should expand the coverage to
pitals in Alabama’s Third Congres-
their income because losing a paycheck COVID–19 treatment as well.
sional District were operating with less Mr. Speaker, it is critical for all of us
than a one-third profit margin. exposes workers and families to so
many other problems. to understand that the CARES Act is
This bill helps those rural hospitals not a stimulus package; it is a disaster
by enabling them to buy central sup- Yesterday, the new unemployment
claims soared to over 3 million, and relief effort which must continue for as
plies, build needed infrastructure for long as it takes to ensure that stu-
broadband and telehealth, and keep that is four times more than the pre-
vious record. The CARES Act responds dents, workers, and families can sur-
cash flowing so they can remain able to vive this crisis.
help patients. That is the good news. to our challenge by dramatically in-
creasing unemployment insurance by Mr. Speaker, I call on all of my col-
As ranking member of the Com- leagues to support the legislation.
mittee on Homeland Security, I want an additional $600 a week for up to 4
Mr. BRADY. Mr. Speaker, I yield 1
to acknowledge the hardworking per- months.
The emergency unemployment insur- minute to the gentleman from Ken-
sonnel of the Department of Homeland tucky (Mr. COMER).
Security. These men and women inter- ance program also extends to self-em-
Mr. COMER. Mr. Speaker, my mes-
act with the public daily, whether it is ployed workers, so-called gig employ- sage to the American people affected
Transportation Security Administra- ees, many of whom are not currently by the crisis is simple: Help is on the
tion, CBP, ICE, or others. They are eligible for unemployment compensa- way.
putting themselves in harm’s way with tion because they are often This is not a perfect bill, and I am
misclassified as independent contrac- concerned about the $2 trillion price
this deadly contagion. I say thank you
tors rather than employees. tag. But the American people need
for their dedication to ensuring the
And to my colleagues who have ex- help, and this response to the present
safety of our Homeland Security. pressed concern that these benefits are
This bill provides DHS with a number crisis will put money into the pockets
more generous than paychecks earned of struggling workers and families.
of its requests to combat this deadly
by many low-income workers, I would This response provides help for small
virus, and I am thankful for that. But
say that the problem is not with the business owners who are the lifeblood
for some reason, we couldn’t see fit to bill; the problem is with the Federal
provide the full amount requested by of our economy, and we are responding
minimum wage, which has not been in- to rising healthcare needs with more
Customs and Border Protection and creased for more than a decade.
Immigration and Customs Enforcement supplies and financial aid for our strug-
The CARES Act also maintains ac- gling hospitals.
to deal with this virus. There isn’t any cess to healthcare. The bill specifically
dedicated money to purchase personnel I will cast a ‘‘yes’’ vote for this pack-
makes a $200 billion investment in hos- age in support of the medical personnel
equipment for CBP, for example, or pitals, health systems, and health re-
ICE. These professionals work face-to- on the front lines of this current crisis.
search. It also includes a requirement That includes heroes like the more
face with migrants and they deserve that all insurance policies cover the than 200 medical personnel from the
better. full costs of future vaccines within 15 Fort Campbell Military Base in my dis-
This won’t be the last time Congress days of the vaccines being officially ap- trict who are in New York to provide
has to act to mitigate the impact of proved. It also helps people maintain medical support.
this virus on America. I thank Presi- their insurance, if they are laid off. Mr. Speaker, I support this bill to
dent Trump for his leadership, and the Finally, the bill maintains students’ help repair the damage caused by the
willingness of Republicans and Demo- access to education. The CARES Act coronavirus to our workers and small
crats to come together to put Amer- now has more than $30 billion in relief businesses, but any additional relief
ica’s needs first. for students, educators, schools, and measures must focus on assisting Main
There will be the need for more help; institutions of higher learning. Street businesses and working Ameri-
there will be the need for more legisla- For institutions of higher learning, it cans.
tion; but, for the time being, this piece will provide financial relief to colleges Mr. HOYER. Mr. Speaker, I yield 1
of legislation must pass, and I urge my and universities and also support minute to the gentleman from Cali-
colleagues to vote ‘‘yes.’’ grants to displaced students. For K–12, fornia (Mr. SCHIFF), the distinguished
Mr. HOYER. Mr. Speaker, I yield 4 it will provide help to educators to chair of the Intelligence Committee
minutes to the gentleman from Vir- adapt to long-term closures, fund pur- and a member of the Committee on Ap-
ginia (Mr. SCOTT), my friend and neigh- chases of education technology for on- propriations as well.
bor from across the river, who is the line learning, and provide equitable ac- Mr. SCHIFF. ‘‘My fellow citizens, let
chairman of the Committee on Edu- cess to education for students with dis- no one doubt that this is a difficult and
cation and Labor and who has done a abilities. dangerous effort on which we have set
yeoman’s service on working to create The CARES Act moves us in the out. No one can foresee precisely what
this legislation and to improve this right direction, but it is important to course it will take or what costs or cas-
legislation and to make it friendly for recognize that the legislation is only a ualties will be incurred. Many months
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our workers and for our families. down payment on the relief that our of sacrifice and self-discipline lie
Mr. SCOTT of Virginia. Mr. Speaker, communities will need in the weeks ahead—months in which both our pa-
I say to the majority leader that the and months ahead. We must imme- tience and our will will be tested,
hard work that we have done is, to a diately start work on a fourth package months in which many threats and de-
large extent, due to the hardworking that reflects the unprecedented scale of nunciations will keep us aware of our
staff who have been up late at night this crisis. danger.’’
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H1824 CONGRESSIONAL RECORD — HOUSE March 27, 2020
Mr. Speaker, these were the words of emergency and the number of veterans Mr. Speaker, I urge my colleagues
John F. Kennedy during the Cuban sickened by this deadly virus are support this package.
Missile Crisis. They are equally true underreported. It will only become b 1000
today. We cannot see what course this more severe in the weeks to come.
virus will take, not precisely. Many Providing nearly $20 billion to VA to Mr. BRADY. Mr. Speaker, I am proud
months of sacrifice and self-discipline combat this virus is vital. This funding to yield 1 minute to the gentleman
will lie ahead for the American people. will save veterans’ lives, protect VA’s from Michigan (Mr. MITCHELL).
We will be tested, and we will prevail. healthcare providers and first respond- Mr. MITCHELL. Mr. Speaker, our
America will rise to meet this chal- ers, and give VA the resources it needs country faces a public health and eco-
lenge or any other. Our healthcare to serve as the Nation’s backup nomic challenge unlike any we have
workers already are. In this bill, we healthcare system in communities experienced in 100 years. We must pro-
give them the tools to do the job and where local hospitals are overwhelmed tect the health of the American people
we give families the financial support with coronavirus patients. while also ensuring our economy is
they need to get by until this time of Mr. Speaker, this relief package pro- able to bounce back as the coronavirus
trial and tribulation is over. vides nearly $16 billion in funding for subsides.
Let us support this bill and help put VA to provide healthcare to veterans, I urge at every opportunity that Con-
our people and our country on the road including the purchase of essential gress assist Americans with income
to recovery. medical supplies like ventilators. VA support while also providing a critical
Mr. BRADY. Mr. Speaker, I yield 1 will have the funds to purchase more lifeline to businesses, especially small
minute to the gentleman from Arkan- COVID–19 testing kits, N95 masks, businesses. The CARES Act achieves
sas (Mr. HILL). gowns, face shields, and gloves—per- those objectives through direct checks
Mr. HILL of Arkansas. Mr. Speaker, I sonal protective equipment to keep to American households, improved un-
thank the ranking member for yielding healthcare providers and staff at the employment compensation, and feder-
me time. VA hospitals safe. ally backed loans to businesses.
Mr. Speaker, I rise in support of H.R. Healthcare providers and workers This bill is certainly not perfect.
748, the Coronavirus Aid, Relief, and caring for veterans in their homes at Rarely do we see perfect in this Cham-
Economic Security Act. This bill will VA-run nursing homes, community liv- ber, and certainly not in these cir-
provide much-needed relief and help ing centers, and State-veteran homes cumstances. However, we cannot delay;
Arkansas’ families, hospitals, and busi- will also receive personal protective we cannot waiver. We must ensure this
nesses in this unprecedented time. equipment. aid is delivered to the American people
I have spent much of the last 2 weeks Mr. Speaker, $100 million is allocated as soon as possible.
in constant communication with Ar- for emergency management so VA first The American people are looking to
kansas Governor Asa Hutchinson and responders have the resources they us to lead at this moment, and we must
his team as well as representatives and need to help veterans and communities do so now, so I rise to support the
workers from almost every industry in during this public health emergency. CARES Act. I urge my colleagues to do
our State. I thank them for their com- $590 million is set aside for veterans the same and move this to the Presi-
passionate and hard work. I thank most vulnerable to COVID–19: homeless dent’s desk.
them for their perseverance. veterans and elderly veterans in com- Mr. HOYER. I thank the gentleman
Mr. Speaker, honorary American munity living centers and assisted liv- for his comments.
Winston Churchill said, ‘‘You can al- ing facilities. Mayors deal with this problem every
ways count on the Americans to do the Over $2 billion is provided to support day on the street face-to-face. They
right thing after they have tried every- VA’s IT systems and strengthen VA’s know how critical this problem is.
thing else,’’ so I am thankful that we telework capabilities. Greater telework Mr. Speaker, I am pleased to yield 1
rejected irrelevant ideas and that both capacity reduces the risk of minute to the gentleman from Rhode
sides finally set aside their differences coronavirus transmission in VA’s Island (Mr. CICILLINE), the former
and came to agreement that will help workforce and keeps the Department mayor of Providence and the chairman
our families in these trying times. running. of our policy committee.
May God bless the State of Arkansas, Over $600 million is set aside for VA Mr. CICILLINE. Mr. Speaker, this is
and God bless the United States of to retrofit its hospitals and clinics to a public health crisis unlike any other
America. increase the number of beds and treat- in modern history.
Mr. HOYER. Mr. Speaker, I yield 4 ment rooms to care for veterans with Since day one of this pandemic,
minutes to the gentleman from Cali- COVID–19 and deploy mobile treatment House Democrats have been focused on
fornia (Mr. TAKANO), the chairman of units. two things: saving lives and supporting
the Committee on Veterans Affairs. Over $2 billion is appropriated for families, workers, and small busi-
Mr. TAKANO. Mr. Speaker, I thank veterans who need urgent or emer- nesses. That is why we moved swiftly
Majority Leader HOYER. gency care in the community for in recent weeks to pass two bipartisan
Mr. Speaker, I rise in support of the COVID–19. relief packages that provided billions
Senate amendment to H.R. 748, the Finally, this funding ensures the VA of dollars for medicine, protective gear,
CARES Act. healthcare providers putting their lives and lab tests; low interest loans for
571 veterans in the VA’s healthcare on the line to treat veterans are paid small business; emergency paid leave;
system have tested positive for for their overtime work hours that and free coronavirus testing.
coronavirus. We have already lost nine they work. Yet we understood more needed to be
veterans to this virus. Mr. Speaker, 120 Now, this relief package also makes done for working families. MITCH
veterans have been admitted to VA veteran-owned small business owners MCCONNELL still tried to use this third
hospitals; 185 VA employees, including eligible for loans to pay their employ- package to put huge corporations first,
doctors and nurses providing lifesaving ees and keep their businesses afloat but Democrats fought to make this bill
healthcare to veterans with and prevents veterans from losing their about the folks who really need help.
coronavirus, have also been infected. homes due to foreclosure. It ensures Thanks to the leadership of Speaker
Because of the lack of widespread veterans who receive stimulus checks PELOSI and our extraordinary com-
testing due to supply chain challenges remain eligible for pension and means- mittee chairs, that is what this bill
like low levels of reagents, shortages of based VA benefits. does for healthcare workers on the
swabs and testing kits, a dwindling This package is far from perfect, but front lines of this fight and the work-
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supply of masks to protect healthcare there is so much in this legislation ing folks and small business owners
workers, understaffed VA hospitals that is critical to helping veterans and struggling to get by.
without providers to administer the ordinary Americans survive this pan- That is why this bill provides $130
tests, and a 2- to 7-day lag time for vet- demic. I expect that there will be more billion for hospitals to treat patients
erans to receive results, we know that legislation to ensure that no veterans and to protect workers, $360 billion in
the magnitude of this public health or Americans are left behind. relief for small businesses, $250 billion
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1825
in direct cash payments to workers and Mr. MARSHALL. Mr. Speaker, last include millions of dollars for non-
families, and an average of 4 months of Sunday, the Senate announced a bipar- essential, nonemergency-related fund-
full pay for workers who are laid off be- tisan framework to help individuals ing such as the Kennedy Center, NPR,
cause of this crisis. and small businesses through the Chi- the Smithsonian, the Institute of Mu-
Let’s pass this bill now. nese coronavirus crisis, then politics seum and Library Services, the Na-
Mr. BRADY. Mr. Speaker, I am proud entered the fray. In the 5 days that tional Endowment of Arts and Human-
to yield 1 minute to the gentleman have followed, coronavirus has cost ities.
from Wisconsin (Mr. STEIL). hundreds of Americans their lives, over Could we have done this without
Mr. STEIL. Mr. Speaker, Americans’ 40,000 infections have occurred, and strengthening the hands of unions in
health and American jobs are being at- millions of jobs have been lost. the private sector? Sure. But we give
tacked by an invisible virus, and this But, thank goodness, cooler, more $88 million to the Peace Corps, which
House is called upon to respond today. pragmatic heads have now prevailed. fired over 7,000 volunteers just 10 days
Americans need our help. I want to thank our President for his ago, hundreds of millions more to the
I have heard countless stories of peo- leadership, for halting travel from IRS, refugee assistance, election secu-
ple struggling. I spoke to a young China, and I want to thank the Presi- rity, and the Department of Education.
woman from Kenosha worried about dent for reaching out early to private These may be worthy or not, but they
losing her job and caring for her young enterprise to solve the testing chal- certainly have no place in an economic
children. I listened to a doctor from lenges. These are the decisions that ac- relief package, and it is a shame that
Janesville who desperately needs pro- tually saved lives. they are in here.
tective masks. And, finally, I want to thank the The President is rightly concerned
America is fighting a war on two President for his constant message of about whether the cure here, the eco-
fronts: a public health crisis and an hope and determination, for believing nomic cure, may be worse than the
economic crisis. in us, that we will develop cures and sickness.
While far from perfect, the CARES vaccines, that we can and will rebuild We incentivize small employees to
Act provides needed relief: free testing, this great economy. keep their——
supplies for hospitals, protection of As a physician, I want to remind The SPEAKER pro tempore. The
workers’ paychecks, and assistance to Americans to follow the President’s 15- time of the gentleman has expired.
those who have lost their jobs. day guidelines. Let’s flatten the curve. Mr. HOYER. Mr. Speaker, I yield 1
At times, this bill does leave much to Let’s not let up. Let’s ignore petty po- minute to the gentleman from Nevada
be desired. There is unnecessary spend- litical games and beat this virus. As (Mr. HORSFORD).
ing, including $25 million for a Wash- one Nation under God, this exceptional Mr. HORSFORD. Mr. Speaker, Mr.
ington, D.C., theater. Nation will prevail. Majority Leader, my chairman, Chair-
However, the Senate did its job. Mr. HOYER. Mr. Speaker, at this man NEAL, today this body is here to
President Trump continues to do his time, I yield 1 minute to the gentle- send a united message to the American
job. Now the House must do ours. We woman from Pennsylvania (Ms. WILD). people: Help is on the way.
cannot let the perfect be the enemy of Ms. WILD. Mr. Speaker, as the rep- Yesterday, the Department of Labor
the good. resentative of Pennsylvania’s Seventh released devastating numbers revealing
Mr. HOYER. Mr. Speaker, I yield 1 district, just 11⁄2 hours from New York that 3.28 million people in America
minute to the gentleman from Colo- City, I have a unique perspective on filed unemployed claims in the past
rado (Mr. NEGUSE), my friend and the this crisis. week. My home State of Nevada alone
president of the freshman class. The two world-class hospital net- saw a 182 percent increase in claims.
Mr. NEGUSE. Mr. Speaker, one of works in my community, the Lehigh That is unprecedented job loss. Amer-
the many leaders of the talented fresh- Valley Health Network and St. Luke’s ican families need unprecedented relief
man class. University Health Network, are also to address it.
Thank you to Majority Leader HOYER the biggest employers in my district. An important provision in the Fami-
for his leadership. Thank you to Speak- They anxiously await the spread of this lies First Coronavirus package laid the
er PELOSI for her leadership and our disease to our front lines. groundwork for expanding unemploy-
very distinguished committee chairs Across my community, our nurses, ment benefits. Now, with the CARES
for their work on this incredible, im- lab techs, PAs, physicians, custodial, Act, we are going above and beyond for
portant bill. and cafeteria staff have worked tire- our country’s workers, providing an ad-
As many have said, this bill is far lessly to care for every patient. Despite ditional $600 per week for the next 4
from perfect, but let us be clear about their concern for their own well-being months.
one thing: The American people need and despite often lacking adequate No person in this country should
relief now, not tomorrow, not next gear to protect themselves, they put worry about putting food on the table
week, not next month—now. the most vulnerable ahead of them- or paying their bills while trying to
And so the question before this selves. They are the pride of my com- keep themselves, their families, or
Chamber is very simple: Will we step munity. The actions of healthcare their neighbors safe.
up for the American people? Will we workers around the country say to us: I know the pain and uncertainty that
step up for the healthcare workers sac- We are all in this together. losing a job or facing a furlough causes.
rificing their own health to save the Our response cannot be: Fend for Mr. BRADY. Mr. Speaker, I am proud
lives of others? For the millions of un- yourself. Now we have to do our part to yield 1 minute to the gentleman
employed across our country in each of and provide them with enough personal from Utah (Mr. CURTIS), the former
our States struggling to make ends protective equipment and enough ven- mayor of Provo.
meet to pay their rent, to be able to tilators for their patients. Mr. CURTIS. Mr. Speaker, I rise in
feed their families? For the small busi- Mr. BRADY. Mr. Speaker, I am proud support of the CARES Act, the largest
nesses in Boulder and Fort Collins and to yield 1 minute to the gentleman economic disaster recovery package in
Broomfield and across our country on from Arizona (Mr. BIGGS). our Nation’s history. Given the size
the brink of collapse? For the sci- Mr. BIGGS. Mr. Speaker, the vote we and the scope of this pandemic, it is a
entists at CSU and at NIH and every- take today may be the most monu- hefty price tag that must be paid.
where in between working to develop a mental vote during our tenure in Con- But I challenge my colleagues to join
vaccine to the COVID–19 pandemic? gress, and the amount of money we are me in dealing with the consequences of
I pray and I hope that we will step up committing is, in itself, epic. spending money we don’t have. It is
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for them by passing this bill today. I have heard folks from both sides, time to get our financial house in order
Let’s get it done. Let’s meet this mo- and particularly the other side, talk before it becomes our next crisis.
ment. about this is all for the families and I represent a State that has a bal-
Mr. BRADY. Mr. Speaker, I am proud the working people, and yet I find my- anced budget and a rainy day fund. We
to yield 1 minute to the gentleman self saying, if that is the case, we do it on a State level, and we can do it
from Kansas (Mr. MARSHALL). might have produced a bill that didn’t on a Federal level.
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H1826 CONGRESSIONAL RECORD — HOUSE March 27, 2020
I have heard stories of the dev- financial means to make it to the other ing this critical time in the United
astating effects of COVID–19. One of side of this crisis and ensures that job States of America, where our country
the most important, unique parts of creators are positioned to keep paying faces a battle with a pandemic, the big-
Utah’s culture is the pride we take in their workers and rehire those who gest battle we have faced as a nation
serving one another, especially in a have been laid off when we recover. together in generations. Amidst uncer-
time of crisis. This spirit, coupled with Kansans and Americans across the tainty, we work to keep Americans
the targeted stream of resources de- country—— alive by stopping the spread of COVID–
signed to keep money in the economy The SPEAKER pro tempore. The 19.
and people healthy, will be the key in- time of the gentleman has expired. In these times, heroes will be made
gredients to ensuring communities Mr. HOYER. Mr. Speaker, I yield 1 and not selected. We are in a global
across the State can fully heal from minute to the gentleman from Colo- pandemic. Many Americans may perish
this unprecedented crisis. We will rado (Mr. CROW), who has served his unexpectedly and suddenly in unfair
weather this storm together. country on the front lines of battle in circumstances.
Mr. HOYER. As a former uniformed the defense of freedom. These are not pleasant words to hear.
police officer on the streets of one of Mr. CROW. Mr. Speaker, our country Treatments and cures are needed. They
our largest cities in America, our next and the American people are in crisis, will take time. Economic security
speaker knows firsthand the challenges and it requires our action now. must be guaranteed.
of our first responders. To be clear, this is not a perfect bill, The outbreak of COVID–19 has spread
Mr. Speaker, I yield 1 minute to the but it is the bill that America needs throughout our land. Listen to the sci-
gentleman from Arizona (Mr. today. It will provide immediate relief: entists and the doctors who have spent
O’HALLERAN). direct cash payments to millions of a lifetime in this space. Listen to Dr.
Mr. O’HALLERAN. Mr. Speaker, I Americans to pay rent, to buy food, Fauci. This is not a moment to provide
rise today in support of the CARES and to pay their mortgages, and over the false comforts of times past.
Act. $370 billion to our small businesses in We are so proud of Americans who
Families and businesses across Amer- immediate grants and loans. are sacrificing so much right now. Our
ica and Arizona are struggling, and There is much more that needs to be students, gone from their beloved
healthcare workers and first respond- done, but we will work together to do classrooms and classmates. We beam
ers are being asked to perform their it and improve, moving forward. We for our manufacturers who have no——
important work without proper protec- will get through this challenging time The SPEAKER pro tempore. The
tive gear. as a country because that is what time of the gentlewoman has expired.
In my district, the Navajo Nation is America does. We are at our best when Ms. STEVENS. I request 30 more sec-
dealing with a disproportionately high we come together and meet our com- onds because I rise before you adorning
amount of COVID–19 cases. There were mon challenges, and that is exactly these latex gloves not for personal at-
71 confirmed cases in the community what we will do. tention, but to encourage you to take
as of last night. This bill allocates over Mr. BRADY. Mr. Speaker, I am proud the——
$1 billion to the Indian healthcare serv- to yield 1 minute to the gentleman Mr. HOYER. Mr. Speaker, I yield the
ice and to Tribal healthcare providers from Idaho (Mr. FULCHER). gentlewoman from Michigan an addi-
and over $400 million to Tribal govern- Mr. FULCHER. Mr. Speaker, the tional 30 seconds.
ments for equipment. United States of America is at war. Its Ms. STEVENS. Join me in the calls
I urge my fellow colleagues to vote invisible foe is called coronavirus. of servitude, sharing in the profession
for this legislative package that will Having a virus is not a new precedent with those who have now come before
provide relief to struggling American for America. It is happened twice in you. Similar times of trying medical
families and ensure the Tribal commu- the 20th century: the Spanish flu and need, wars and flus past, you will see
nities are not overlooked. polio. darkness, you will be pushed, and our
There is no excuse for our healthcare But in an attempt to slow this out- society needs you to stand together at
professionals to not be protected and break, we did set a new precedent. For this time. Our country loves you.
our first responders. the first time in history, we mandated To our doctors and our nurses, I wear
Mr. BRADY. Mr. Speaker, I am proud the economy shut down by law. these latex gloves to tell every Amer-
to yield 1 minute to the gentleman Now, we don’t yet know the benefits ican: Do not be afraid.
from Kansas (Mr. ESTES). of that, but we do know the cost. It is The SPEAKER pro tempore. The
Mr. ESTES. Mr. Speaker, in times about $2 trillion dollars. And one must time of the gentlewoman has again ex-
like this, I am inspired by the strength ask: What is the cost of not acting? pired.
and generosity of the people in Kansas It is agonizing to take on this debt, Ms. STEVENS. I tell my fellow
and across our Nation. However, we but here is a game-changer for me: Americans do not be afraid. Look and
know that the coronavirus outbreak When the government shut down the see the beauty and opportunity in na-
has impacted hardworking Kansans, economy, it assumed the responsibility ture and humanity all around you.
their families and their friends and rel- for bringing it back. This virus may The SPEAKER pro tempore. The gen-
atives across the country. threaten our health, but 98 percent or tlewoman from Michigan is no longer
Wichita is their capital of the world. more will survive that. We will not recognized.
In our area, we have already been hit allow the virus to take away our liveli-
hard by the grounding due to the 737 hoods. b 1020
Max issues, but now small businesses Mr. Speaker, I will be supporting the Mr. BRADY. Mr. Speaker, I am proud
are facing uncertainty, as Kansans bill. to restore bipartisan work, and I yield
have been asked to stay at home, not Mr. HOYER. Mr. Speaker, I misspoke 1 minute to the gentleman from South
knowing when they can resume oper- and elevated Mr. NEGUSE from Colo- Carolina (Mr. WILSON).
ations again. rado, who is on the leadership and the Mr. WILSON of South Carolina. Mr.
Today, I rise on behalf of the workers freshman representative to the leader- Speaker, I rise in support of the legis-
and families in Kansas who need Con- ship, but now I am really recognizing lation.
gress to get this right. Every minute the president of the freshman class, an This week, Star Parker provided in-
we spend trying to politicize this crisis extraordinary woman who has been in sight in ‘‘Staying Free and Faithful in
wastes critical time and hurts Ameri- the Federal Government to rescue our a Pandemic’’ in The Daily Signal:
cans. We should focus on what really automobile industry, and I thank her ‘‘The coronavirus presents challenges
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matters: offering stability to families for her service. to us as Nation and as individuals.
that need it and getting America back Mr. Speaker, I yield 1 minute to the There are principles we should keep in
open for business again. gentlewoman from Michigan (Ms. STE- mind. We have a Constitution that as-
The CARES Act assists small busi- VENS). signs limited, defined powers to the
nesses and distressed industries, giving Ms. STEVENS. Mr. Speaker, I rise Federal Government and leaves the
families and unemployed workers the before you today in this Chamber dur- rest to the States and individuals.’’
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1827
Trump acted with deliberation, shut- sionate sacrifice. The charity of Amer- It will support the agricultural in-
ting down flights from China. We know ican spirit expands and envelops all dustry to ensure hardworking farmers
this virus is most lethal to the elderly. others. We see those in need. We act. and ranchers can continue to provide
There are large variations among the We volunteer. We lead. We step into food security for our Nation. It will
States. The answer is we should maxi- the breach. provide stability for workers and small
mize local responsibility. Almost nothing perfect comes out of business owners who are the backbone
There are two other things to keep in government. Service, however, de- of our local economies.
mind. One is, life is unpredictable. mands that we put forth a perfect ef- Mr. Speaker, this is a 9/11 moment, a
That is why socialism and national fort to do the best we can. time to put partisan differences aside,
planning are so bogus and always re- Mr. HOYER. Mr. Speaker, I yield 2 policy goals aside, and work together
sult in failure, and that is why freedom minutes to the gentlewoman from Illi- as Americans for the people of our Na-
is so critically important. Only nois (Mrs. BUSTOS), one of the leaders tion.
through freedom is responsibility fo- of our party from the heartland of our Mr. HOYER. Mr. Speaker, I yield 1
cused on individuals. country. minute to the gentleman from Cali-
Two, faith is critical. It is faith that Mrs. BUSTOS. Mr. Speaker, I rise in fornia (Mr. CISNEROS).
keeps us human, faith that binds us to- support of the CARES Act. Mr. CISNEROS. Mr. Speaker, our
gether, unique individuals. Yesterday, the United States became country is in a crisis, and the Amer-
‘‘Faith will play a key role in helping the country with the most known ican people are looking to Congress for
our Nation through this crisis and COVID–19 cases in the world. We are all action and leadership. That is why I
emerge better for it.’’ concerned for our families, for our stand in support of the CARES Act,
Mr. HOYER. Mr. Speaker, I yield 1 friends, for our farmers, for our fu- which provides our workers, small
minute to the gentlewoman from tures. businesses, healthcare workers, and so
Queens, New York (Ms. OCASIO-COR- But today, we have the opportunity many more in California’s 39th District
TEZ), one of the epicenters of this chal- to take a step forward to come to- the relief they need.
lenge to our country. gether, even as we must stand apart, to Whether it is to provide PPE and
Ms. OCASIO-CORTEZ. Mr. Speaker, I help our fellow Americans, to strength- medical equipment to our healthcare
represent one of the hardest hit com- en our communities, and to face this workers, financial support for our
munities in the hardest hit city in this threat as one. workers without jobs, or resources for
country, Queens, New York—13 dead in Illinois workers are afraid they will our small businesses, Congress is tak-
a night in Elmhurst Hospital alone. lose their jobs, if they have not al- ing significant steps to help our com-
Our community’s reality is this coun- ready. Small businesses are making munities.
try’s future if we don’t do anything. hard decisions between keeping staff or At the same time, we are enforcing
Hospital workers do not have protec- closing their doors. And our farmers, strict oversight to prevent secret bail-
tive equipment. We don’t have the nec- who have already endured so much outs and ensure that those on the front
essary ventilators. But we have to go pain, are worried sick about what is lines of our global epidemic come first.
into this vote eyes wide open. ahead this year, not only because of While the CARES Act throws a life-
What did the Senate majority fight this worldwide pandemic, but also be- line to our workers and our economy,
for? One of the largest corporate bail- cause of the threats of more flooding. we will need to do more. There is not a
outs with as few strings as possible in That is why I join my colleagues on single community across the United
American history. Shameful. the floor today to cast my vote for the States that hasn’t been affected by the
The greed of that fight is wrong for most significant relief package in coronavirus in some way. That is why
crumbs for our families. And the option American history. This vital legisla- our next stimulus package must pro-
that we have is to either let them suf- tion will help struggling Americans vide direct funding for our cities and
fer with nothing or to allow this greed make ends meet. It will expand unem- towns with less than 500,000 residents.
and billions of dollars, which will be le- ployment insurance to help those who Although we have had to be phys-
veraged into trillions of dollars to con- lose their jobs through no fault of their ically apart, our community and our
tribute to the largest income inequal- own. country have come together with the
ity gap in our future. It will help small businesses secure American spirit and determination
There should be shame about what precious dollars to keep their employ- needed to help us get through this cri-
was fought for in this bill and the ees and communities afloat. It will sis.
choices that we have to make. help our farmers, who have always Mr. BRADY. Mr. Speaker, I yield 1
Mr. BRADY. Mr. Speaker, I yield 1 stood with us, to provide much-needed minute to the gentlewoman from Puer-
minute to the gentleman from Virginia resources to feed the world. to Rico (Miss GONZÁLEZ-COLÓN).
(Mr. RIGGLEMAN). This bill is not perfect. No bill ever Miss GONZÁLES-COLÓN of Puerto
Mr. RIGGLEMAN. Mr. Speaker, it is. But it is the strong medicine we Rico. Mr. Speaker, the CARES Act en-
wasn’t so long ago that our country ex- need to defeat this invisible enemy. sures that all citizens in Puerto Rico
perienced an event that would bring Let us come together today to pass are treated equally under the Federal
Americans together to fight a common this bill and declare that no virus will grants and benefits incorporated in
enemy and help those in need. ever tear apart this country. this bill, which I strongly support.
On September 11, 2001, America expe- Mr. BRADY. Mr. Speaker, I yield 1 Puerto Rico has been in lockdown
rienced the worst act of terrorism in minute to the gentleman from Wash- since March 15, and more than 48,000
its history. The resolve and patriotism ington (Mr. NEWHOUSE). people lost their jobs already. This bill
I felt that day, as a warfighter, is so Mr. NEWHOUSE. Mr. Speaker, I rise will help our small businesses, people,
very similar to the resolve and patriot- to support this unprecedented eco- and the nutrition assistance program,
ism I feel today. nomic relief package in response to as well as the health industry, to tack-
Government can do some things for these unprecedented times. le those issues.
the American people. The CARES Act It is clear this pandemic is having a Puerto Ricans are ready because we
is not perfect, but it provides much- profound impact on the American peo- have the infrastructure of a great phar-
needed funds for medical equipment, ple. It is our job to make sure that this maceutical and skilled workforce that
support for small businesses, and addi- impact is not a lasting one. stands ready to ramp up and deliver
tional tools to fight the crisis. This bill Especially clear is just how dev- medications and devices when backed
is a step forward, and when combined astating this crisis is hitting rural up by the Defense Production Act.
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with the same American spirit that communities like those in central We need to rebuild our American
brought us through 9/11 and crises past, Washington. This bill provides des- workforce in a domestic territory.
we can come out of this stronger. perately needed relief to rural hos- That is the reason I thank the Presi-
The true strength of our great Nation pitals, many of which are the only dent and the leadership of the Senate
is what people do for each other. Rug- healthcare provider for a great number and the House for putting together this
ged individualism turns into compas- of my constituents. economic health package to give our
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H1828 CONGRESSIONAL RECORD — HOUSE March 27, 2020
localities the resources to tackle this Our Nation is fighting a global pan- We need to pass this bill. This time is
crisis affecting our Nation so we can demic and the prospects of a looming very unprecedented. Let’s get it done.
focus on staying safe and healthy. I national disaster. While I have serious Mr. HOYER. Mr. Speaker, I yield 4
urge my colleagues to vote in favor of concerns with some bad policies, par- minutes to the gentlewoman from Illi-
it. tisan provisions, and the overall price nois (Ms. SCHAKOWSKY), one of the sen-
Mr. HOYER. Mr. Speaker, may I in- tag of this legislation, I am more con- ior Members of the Congress of the
quire as to the time left for both sides. cerned about inaction, delaying sup- United States, a member of the Energy
The SPEAKER pro tempore. The gen- port for millions of hurting Americans, and Commerce Committee.
tleman from Maryland has 521⁄2 min- and the threat of an even costlier re- Ms. SCHAKOWSKY. Mr. Speaker, I
utes. The gentleman from Texas has 63 cession for our country. am proud to be here as a member of the
minutes. This national emergency has Energy and Commerce Committee, and
Mr. HOYER. Mr. Speaker, I yield 2 wreaked havoc on our country and up- I rise, as we all know, during one of the
minutes to the gentleman from New ended every aspect of our lives. We most challenging moments in the his-
Mexico (Mr. LUJÁN), the former chair- must move quickly to provide tem- tory of our country and, I would say,
man of our campaign committee and porary relief for our working families, the world.
an extraordinary candidate for the small businesses, and frontline Americans are hurting, and families
United States Senate for New Mexico. healthcare professionals. are suffering. The calls that are coming
Mr. LUJÁN. Mr. Speaker, I rise Mr. Speaker, this is uncharted terri- to my office, and I am sure to yours,
today in strong support of the legisla- tory. This is an unprecedented crisis. too, are just heartbreaking.
tion before us. Extraordinary circumstances call for But today, we will pass a bill that
We are living in uncertain times. extraordinary measures. will provide critical relief to begin the
This virus has drastically reshaped I stand united with my colleagues healing in our communities. Despite, I
each one of our communities, and there and my countrymen in these difficult have to say, the failure of leadership
is likely more change to come. days. from our President, Congress has, in
Today, Americans need us. They need Mr. HOYER. Mr. Speaker, I yield 1 fact, stepped up.
the support and resources provided by minute to the distinguished gentleman Thanks to the unity of House and
this bipartisan legislation. They need from Virginia (Mr. CONNOLLY). Senate Democrats, we pushed the ini-
access to protective equipment, a per- Mr. CONNOLLY. Mr. Speaker, Amer- tial Republican proposal from cor-
sonal safety net, and economic assist- ica is bleeding. America is in deep suf- porate-first to families-and-workers-
ance. fering and even deeper anxiety, and it first.
Workers need assurances that their We fought for and won a $100 billion
counts on its Congress to respond with
economic security is paramount be- investment in hospitals and healthcare
alacrity, thoughtfulness, and action.
cause it is the American worker at the We have no time to dither. We have systems for our doctors and nurses on
cornerstone of our economy. no time to engage in ideological or the front line fighting the coronavirus,
In this bill, I fought so that trade
petty partisan fights. Our country often without the equipment that they
workers and engineers employed at
needs us as one. need.
New Mexico’s national labs can con- I am imploring the President to fully
Mr. Speaker, 3.28 million people filed
tinue protecting our national security invoke the Defense Production Act so
for unemployment last week. In my
mission. We cannot let them down. that our frontline workers will have
We must pass this bill for the teacher State, that translated into a 17-fold in-
crease in 1 week. The number of the protective gear that they need and
who is delivering meals to students to
coronavirus victims quadrupled in that right now are not getting.
make sure they don’t go hungry just
time period in my State, and those fig- The CARES Act will also provide
because they are not in the classroom.
We must pass this bill for nurses, ures are reflected throughout the coun- double the unemployment insurance
doctors, healthcare professionals, and try. benefits that Republicans initially pro-
first responders who haven’t slept as Now is the time to come together. posed. This will help countless res-
they provide for the sick. Now is the time to show our fellow taurant workers and small business
We must pass this bill for rural com- countrymen that we can rise to this oc- employees who call my office and say:
munities that need the lifeline to en- casion and re-instill in them the hope ‘‘We need help.’’
sure seniors are fed and individuals can and confidence that will come. Thanks to Democrats, the small busi-
access healthcare when the nearest Mr. BRADY. Mr. Speaker, I yield 1 ness owners in my district will now be
doctor is hundreds of miles away. minute to the gentleman from Ohio able to make payroll, with their mort-
We must pass this for everyone who (Mr. WENSTRUP). gages and utility costs eligible for
is fighting to keep one another safe, Mr. WENSTRUP. Mr. Speaker, Amer- Small Business Administration loan
healthy, and afloat. We cannot let icans are suffering. They are suffering forgiveness.
them down. in the face of an unseen enemy, a nat- Sadly, this bill isn’t all that it could
The reality we wake up to each day ural disaster that we can only defeat be. I am deeply disturbed that my Re-
may change, but what remains the together. publican colleagues are trying to ex-
same is that we face this crisis to- I have spent hours on the phone with clude local Planned Parenthood clinics
gether. Like every crisis we have faced Ohioans, national leaders, doctors, re- from this small business financing, es-
before, we will get through this to- searchers, elected officials, and busi- pecially since they are helping people
gether. ness and community leaders, listening every single day to be able to get the
Passage of this legislation is an im- to what they are doing to help us healthcare they need.
portant step, but I want every New through this crisis and asking what I am also really disappointed that
Mexican and every American to know they need. they took this opportunity to irrele-
that we understand this uncertain time This bill is not perfect, but it does vantly add to this the Hyde amend-
demands an extraordinary response. provide emergency relief legislation ment.
Together, we will not let each other that helps our healthcare workers, our I especially want to take the time to
down, and we will meet that challenge. hospitals, and our businesses with li- thank the people who are working
Mr. BRADY. Mr. Speaker, I am proud quidity, and it helps keep our workers today, and I am glad to be here among
to yield 1 minute to the gentleman on the payroll, as well as helping you doing just that. But we are seeing
from west Texas (Mr. ARRINGTON). Americans most in need. people who are outside here, the Cap-
Mr. ARRINGTON. Mr. Speaker, the We see businesses retooling their in- itol Police, the people who are helping
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Greek physician Hippocrates once said: dustry. We see groups donating sup- to clean our environment, the people
For extreme diseases, extreme methods plies and others seeking cures. We are who are now working at jobs like the
of cure are most suitable. learning many lessons, finding many people in my grocery store, the Jewel
While this medicine will have some flaws that we must fix so we have the Food Store in my neighborhood, the
short-term side effects, it is our best opportunity to come back even strong- people who are bagging my groceries,
hope for curing the crisis. er and more responsible than ever. who are loading my shelves, who are
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1829
taking my money in order to buy the Indeed, we must do everything we concerned they may have to shutter
food that all the people in my commu- can to help every State and every Gov- their businesses and lay off their work-
nity need. They are risking their lives, ernor in our great Union. The bill we ers. They are concerned they may not
too, and deserve the thanks. are voting on today is a crucial step. have a job tomorrow or see their next
I want to thank my Governor, Gov- On the Sunday after 9/11, my family paycheck.
ernor J. B. Pritzker, who has actually worshipped at Evergreen Chapel at We are addressing many of these con-
created a response fund that will put Camp David with the families of Cabi- cerns today in the CARES Act. It helps
money into community organizations net officials and servicemembers who families and workers so they can pay
and not-for-profits that can help people were assigned there, many of whom their bills and put food on the table,
who aren’t covered here, who need to would go on to serve overseas in the provides loans and grants to small
be covered in the next bill. I am talk- following years. businesses so they can keep their doors
ing about immigrants and undocu- The SPEAKER pro tempore. The open. It boosts funding to support
mented people. time of the gentlewoman has expired. those on the front lines, from hospitals
Mr. BRADY. Mr. Speaker, I yield the to healthcare providers to CDC and the
b 1040
gentlewoman from Wyoming an addi- VA clinics.
Mr. BRADY. Mr. Speaker, I yield 3 tional 30 seconds. Mr. Speaker, I encourage my col-
minutes to the gentlewoman from Wy- Ms. CHENEY. Mr. Speaker, that leagues to vote for the CARES Act and
oming (Ms. CHENEY), the chair of the morning, as our Nation faced another provide emergency relief to the Amer-
Republican Conference. time of testing, the chaplain urged us: ican people facing this crisis.
Ms. CHENEY. Mr. Speaker, 67 years Work as though everything depends on Mr. HOYER. Mr. Speaker, I yield 1
ago yesterday, Dr. Jonas Salk an- you, because it does. Pray as though every- minute to the gentlewoman from Vir-
nounced that the United States had thing depends on God, because it does. ginia (Mrs. LURIA), a retired Navy com-
successfully tested a vaccine to prevent We will defeat this virus. We will re- mander who has been on the front line
polio, a dreaded virus that afflicted store our economy. We will heal our herself and knows what the front line
tens of thousands of Americans. Mr. Nation. We are Americans. is all about.
Speaker, we have beaten terrible dis- Mr. HOYER. Mr. Speaker, I yield my- Mrs. LURIA. Mr. Speaker, I rise in
eases before, and we will again. self 10 seconds. support of the Coronavirus Aid, Relief,
When we were attacked on 9/11, our Mr. Speaker, I thank the gentle- and Economic Security Act. This is a
heroes were the firefighters and police woman from Wyoming for her remarks. necessary step in providing relief to
officers who ran towards the burning I am sure all of us on this floor can families and small businesses through-
buildings and the citizens who stormed subscribe to them and, hopefully, react out coastal Virginia and across Amer-
the cockpit of flight 93, who put their accordingly. I thank the gentlewoman ica. This bill provides critical funding
own lives at risk. for her remarks. in helping our communities thrive
Mr. Speaker, we have those same he- Mr. Speaker, I yield 1 minute to the again when this crisis passes.
roes today. Today they are the thou- gentlewoman from Nevada (Ms. TITUS), As we prepare to provide relief for
sands of nurses and doctors and count- another senior Member of the Congress the American people amid this na-
less other healthcare professionals and of the United States. tional emergency, I am reminded of the
their staff who work in our hospitals Ms. TITUS. Mr. Speaker, I thank the words that President Kennedy would
and clinics and provide the greatest leader for yielding. have spoken were it not for his un-
care anywhere in the world. Whenever our economy is hurting, timely loss on November 22, 1963.
Mr. Speaker, we owe them our deep- my congressional district in the heart ‘‘ . . . this a time for courage and a
est gratitude. We also owe them every of Las Vegas is always among the hard- time for challenge. Neither conformity
tool, every piece of equipment, and est hit. This time is no different. The nor complacency will do. Neither the
every resource they need to save lives. people who work at restaurants in fanatics nor the faint-hearted are need-
Mr. Speaker, we also have a duty to Chinatown, clean hotel rooms on the ed . . . So let us not be petty when our
our parents and our grandparents. In strip, and entertain visitors downtown cause is so great. Let us not quarrel
this greatest Nation on Earth, we pro- are struggling to pay rent and feed amongst ourselves when our Nation’s
tect the sick and the most vulnerable. their children. I want them to know future is at stake. Let us stand to-
We owe all we have to our mothers and that this recovery package was put to- gether with renewed confidence in our
our fathers, to the generations who gether with them in mind. cause—united in our heritage of the
came before, and we must do all we can The bill will provide direct payments past and our hopes for the future—and
now to protect them. to most Americans, expand unemploy- determined that this land we love shall
All of us, Mr. Speaker, are called into ment insurance, and give small busi- lead all mankind into new frontiers of
the service of this blessed Nation at nesses increased access to low-interest peace and abundance.’’
this time of challenge, not as Demo- loans. It will add more oversight to Mr. BRADY. Mr. Speaker, I yield 1
crats or Republicans, but as Ameri- corporate borrowing, while helping minute to the gentleman from Penn-
cans. This pathogen does not recognize make sure that southern Nevadans will sylvania (Mr. JOYCE).
party lines, and no partisan solution have a job to return to when this is Mr. JOYCE of Pennsylvania. Mr.
will defeat it—neither will the govern- over. Speaker, as a Member who has voted
ment acting alone. It will take all of The bill will also send more resources against a number of large spending
the ingenuity and innovation of the to hospitals to make sure that our he- bills in the past, I have to admit, this
American private sector working with roic healthcare workers on the front legislation has given me significant
our Federal, State, and local govern- lines of this epidemic have the re- pause. But we as a nation face the larg-
ments. sources they need. We have all been in- est threats that I have seen in my ca-
This is not a time for cynicism or in- spired by the example they have set in reer as a doctor and, certainly, during
vective or second guessing. This is a this difficult time. the short time that I have spent in
time to remember that we are citizens Mr. BRADY. Mr. Speaker, I am proud Congress.
of the greatest Nation on Earth, that to yield 1 minute to the gentleman The President has declared a na-
we have overcome every challenge we from Montana (Mr. GIANFORTE). tional emergency. Governors are insti-
have faced, and that we will overcome Mr. GIANFORTE. Mr. Speaker, last tuting shelter-in-place orders nation-
this one. night, we learned a Montanan died to wide, and consumers have been told not
We are one nation, Mr. Speaker. We COVID–19, the first in our State. Our to consume because businesses have
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should all be rooting for our President hearts are heavy back home. been told to shut their doors and not
to succeed, for New York Governor Mr. Speaker, Montanans are con- conduct business.
Cuomo to succeed, for California Gov- cerned. They are concerned about the If government is forcing them to
ernor Newsom to succeed, and for Wyo- health of their families and commu- shutter their doors, then our responsi-
ming’s Governor Mark Gordon to suc- nities. They are concerned about the bility is to help them out. The Amer-
ceed. fallout from this outbreak. They are ican Dream cannot be shut down by a
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H1830 CONGRESSIONAL RECORD — HOUSE March 27, 2020
virus, and that is why I will support H.R. 748, now referred to as the Mr. WOMACK. Mr. Speaker, we have
this legislation, Mr. Speaker. It is time Coronavirus Aid, Relief, and Economic a responsibility to the people we serve,
to put political gamesmanship aside Security Act, or CARES Act. and the moment is now to mitigate the
and pass legislation for the health and Congress must take action to provide damage to our people and our economy.
safety of our Nation. relief and assistance to the millions of For those who question the price tag,
Mr. HOYER. Mr. Speaker, I yield 1 people across the Nation who are strug- for those who question certain features
minute to the gentlewoman from the gling in the midst of this national pub- in the bill, think of the images we have
Virgin Islands (Ms. PLASKETT). lic health and economic emergency. all seen that are unprecedented in our
Ms. PLASKETT. Mr. Speaker, our With 3.3 million Americans filing for lifetimes: the senior citizen only able
Nation faces the worst pandemic in unemployment last week, 1 million to see family members through a win-
most of our lifetimes. We are, indeed, Californians filing for unemployment dow; worse yet, Americans dying alone;
in an unprecedented time. Like the in the last 2 weeks, and many families the frontline medical professionals
rest of the Nation and countries around struggling to make ends meet, it is our fighting an invisible disease, risking
the world, the Virgin Islands’ life has duty as elected officials to step up and their very lives to bring hope to a
significantly been altered. help them. frightened public; the businessman
Americans need the urgent action of Several weeks ago, as the chair of the fighting to stay solvent, to keep a
this body, the Congress, to address this Financial Services Committee, I led workforce, and to live to see another
threat to the lives and livelihood of the the Democratic members on the Finan- day; the scientists and engineers des-
American people. We do so with pas- cial Services Committee in devising a perately searching for an answer.
sage of this bill. comprehensive plan to address the fi- Who among us can question the crisis
It is not a perfect bill, but this short- nancial services aspects of the we are in and the needs of the people
term action will go a long way to save coronavirus crisis. I am pleased that we serve?
lives, help the economy, and pave a today’s bill includes some elements of By midday today, Mr. Speaker, let us
path to recovery. this plan. be remembered for taking the actions
Aside from support to healthcare and The legislation before us takes im-
necessary to put aside our politics and
the economy, one of the most impor- portant steps to protect and provide re-
deliver to the American people.
tant measures in this bill, in the lief for consumers, renters, home-
Mr. HOYER. Mr. Speaker, I yield 1
CARES Act, is the support and invest- owners, and people experiencing home-
minute to the gentlewoman from Vir-
ment we make in our children. The $30 lessness.
The bill will address the shortage of ginia (Ms. SPANBERGER), who also has
billion in educational funds, as well as seen challenge up front and personal.
key medical supplies and equipment by
the $14 billion allocated to higher edu- Ms. SPANBERGER. Mr. Speaker, I
providing a $1 billion appropriation to
cation, will do that. will be voting for this bill for the chil-
the Defense Production Act Fund.
The foresight and fortitude of the It will support small businesses and dren who are forgoing their school and
Speaker and Democratic leadership to local, territory, and State governments for the millions of children for whom
ensure that small businesses, local gov- and ensure that any Federal aid to cor- that means that they are losing the
ernment, and American workers and porations has conditions and inde- stability and the nutritional support
families—often forgotten—are included pendent oversight. that comes with it.
in this bill will go a long way. The bill provides $4 billion to help I will be voting for this bill for my
Mr. BRADY. Mr. Speaker, I am proud combat the outbreak of this disease family members and my friends and
to yield 1 minute to the gentleman among the homeless community. constituents who have lost their jobs
from Pennsylvania (Mr. MEUSER). Most importantly, building upon my in the past 2 weeks because of this pan-
Mr. MEUSER. Mr. Speaker, this is proposal, most individuals and families demic.
not a crisis caused by a specific indus- across the country will receive a check I will be voting for this bill so that
try or weak economy. This is a vol- or direct deposit for $1,200 for each we may deliver support to the small
untary shutdown of our economy in adult and $500 for each child to help business owners and restaurateurs
order to save lives. As a result, our our families who are struggling during throughout central Virginia who have
government needs to support the fami- this unprecedented crisis. closed their doors in order to stop this
lies and businesses that are directly While I am pleased that the legisla- pandemic and keep their neighbors
feeling the pain of this national emer- tion includes these provisions that safe.
gency. Democrats fought for, while I support I will be voting for this bill for the
The CARES Act will buy the needed the bill’s passage, I must make it clear healthcare workers in my district who
resources for our hospitals and that the legislation is far from com- are risking their lives to make our
healthcare providers to safely care for prehensive and that there are issues communities safer.
the sick, ensure that hardworking that it leaves unaddressed and areas I am grateful to the sanitation work-
Americans receive income and in- where it falls short. ers, the mail carriers, the UPS work-
creased unemployment benefits during H.R. 748 does not prohibit negative ers, the FedEx workers, the grocery
the crisis, extend emergency loans to credit reporting during the crisis, for- store workers, and those who work in
small businesses which are forgivable give student loan debt, or suspend all our nursing homes and facilities across
for retaining their employees during consumer credit payments, among our districts and across our country. I
this crisis, and establish a stabilization other concerns. However, despite these thank them for adding a bit of stability
fund for other stressed businesses and shortcomings, this bill is the most con- to our country during this extremely
to maintain liquidity in our economy. sequential piece of legislation that difficult time.
This bill is not perfect, but it is a many of us will ever vote on. Mr. BRADY. Mr. Speaker, may I in-
necessary response to an unprece- The American people need help, and quire as to the time remaining.
dented crisis. With these policies, cou- they need it now. This bill represents a The SPEAKER pro tempore. The gen-
pled with the efforts of the private sec- down payment on that relief. I look tleman from Texas has 531⁄2 minutes re-
tor and the American people, we will forward to working with the Speaker, maining. The gentleman from Mary-
defeat the virus and be ready for what my committee colleagues, the Senate, land has 39 minutes remaining.
will truly be a great American come- and others on the next phase of relief. Mr. BRADY. Mr. Speaker, I am proud
back. While it is clear that Congress must to yield 1 minute to the gentleman
Mr. HOYER. Mr. Speaker, I yield 4 pass a fourth package to address these from Texas (Mr. FLORES).
minutes to the gentlewoman from Cali- and other shortcomings, the passage of Mr. FLORES. Mr. Speaker, a few
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fornia (Ms. WATERS), the chair of the today’s bill is critical for all families days ago, White House and congres-
Financial Services Committee, a senior and communities. sional Republicans presented a bold, bi-
Member in the Congress of the United Mr. BRADY. Mr. Speaker, I am proud partisan plan of action to help hard-
States. to yield 1 minute to the gentleman working Americans deal with our cur-
Ms. WATERS. Mr. Speaker, I rise in from Arkansas (Mr. WOMACK), the top rent challenges. This plan puts much-
support of the Senate amendment to Republican on the Budget Committee. needed resources where they are most
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1831
needed: our families, our healthcare mittee on Energy and Commerce Sub- Mr. BRADY. Mr. Speaker, I yield 1
system, our small businesses, our other committee—J.P. Paluskiewicz, Kristen minute to the gentleman from Cali-
businesses affected by this crisis, and Shatynski, Kristin Seum, Caleb Graff; fornia (Mr. LAMALFA).
our State and local governments. and then on my staff, Elizabeth Allen, Mr. LAMALFA. Mr. Speaker, I thank
One of the things that we found out Casey Patchunka, Rachel Huggins, and the gentleman for yielding.
during this crisis is that our healthcare my chief of staff, James Decker—who Mr. Speaker, this bill is indeed his-
system supply chain relies far too are all over in the office right now toric, the largest disaster relief pack-
much on foreign sources like Com- making certain that this goes smooth- age in American history. I am dis-
munist China. We can never allow this ly. appointed, as many of my constituents
to happen again. Mr. BRADY. Mr. Speaker, I yield 1 are, that much of this bill is not di-
In order to fix that problem, I am minute to the gentleman from Mary- rectly targeted at emergency relief,
pleased the Senate and House nego- land (Mr. HARRIS). but that is the cost of doing business in
tiators included my request to help Mr. HARRIS. Mr. Speaker, we are a divided government in such divided
fund $3.5 billion to utilize three exist- here a week too late, not because we times.
ing centers in innovation for advanced didn’t know what our citizens and busi- Indeed, much that was on the last-
development manufacturing. nesses needed, but because too many in minute ideological wish list has been
One of these CIADMs is part of the the congressional swamp felt that you removed and focus returned to the
Texas A&M University System, which I never let a serious crisis go to waste: virus and its economic effect. A col-
represent. These public-private CIADM filling this important bill with pork league said earlier, this is much like a
partnerships are uniquely positioned to and earmarks, like $25 million to the 9/11 moment. It is up to us today.
accelerate research, development, and Kennedy Center, $57 million to NPR, Highlights include: help for our re-
manufacture of vaccines and thera- $75 million to the National Endowment vered veterans, nearly $20 billion for
peutics to mitigate pandemics, and for the Humanities instead of more their medical care, homeless vets, and
they do it right here in America. masks and ventilators. modernizing VA telehealth; expansion
But, Mr. Speaker, many Americans of telehealth into rural America, like
b 1100 do need our thanks: my own district, to bridge that gap in
Mr. BRADY. Mr. Speaker, I yield 1 Thank you to the frontline rural services technology; $350 billion
minute to the gentleman from Penn- healthcare workers who selflessly and in guaranteed SBA loans, cushioning
sylvania (Mr. PERRY), my good friend. compassionately care for victims of the the blow and providing much stability
Mr. PERRY. Mr. Speaker, the Wuhan virus. for small businesses so that their em-
coronavirus emanating from China is Thank you to President Trump for
ployees will have jobs waiting when the
here. We can’t stop that. We can’t go his leadership and for his transparency
all clear signal finally sounds.
back, but I am distressed by the Hob- with the American people in this time Mr. Speaker, it is my hope and pray-
son’s choice that we have. of crisis. er that this act hits the targets and
It is ravaging our communities. It is Thank you to my anesthesiologist
brings the certainty that I hope most
ravaging our healthcare system. It is colleagues who have stepped up to the
of us in this room desire and, impor-
ravaging our economy. And we should challenge. They are trained in inten-
tantly, meets the needs of the very
be solely focused on healing our com- sive care, and the ventilators on their
concerned American people.
munities and saving the small busi- anesthesia machines could prove crit-
Mr. Speaker, I thank President
nesses, the big businesses, and the ical if this fight escalates.
Finally, thank you to all those Trump and his team for leading our
economy that make America great.
So as we discuss this and also discuss Americans who followed the Presi- country back to stability.
a fourth—yet another—package, no Mr. HOYER. Mr. Speaker, I yield 1
dent’s recommendation on 15 Days to
more Hobson’s choice, no more billion- minute to the gentleman from New
Slow the Spread of the Wuhan virus.
dollar bailouts for things that are un- Mr. BRADY. Mr. Speaker, I yield 1 York (Mr. SUOZZI), former county exec-
minute to the gentleman from Ken- utive in Long Island.
related, no more policies that are long-
tucky (Mr. GUTHRIE). Mr. SUOZZI. Mr. Speaker, as you
standing for a short-standing issue
Mr. GUTHRIE. Mr. Speaker, as all of know, my father was born in Italy, and
that needs our critical attention.
Mr. Speaker, whatever we do, let’s do our colleagues came in yesterday and he would say, ‘‘What a country.’’ And
no harm. this morning and make an effort to get my grandfather, at family weddings,
Mr. BRADY. Mr. Speaker, I yield 1 back, it was important that we were all would give advice to the new couples
minute to the gentleman from Texas home last week. and say: ‘‘Non c’e sono rose senza
(Mr. BURGESS), my fellow Texan. I was home last week and got to talk spine,’’ ‘‘You cannot have a rose with-
Mr. BURGESS. Mr. Speaker, I thank to a barber, sole proprietor, has his out the thorns.’’
the gentleman for the recognition. own shop and had to close down be- Well, we mourn the thorns in our
Our country is in a war crisis unlike cause of the order. Now he is going to country right now. So many people are
anything that has been seen for over have an income. suffering because of their health, be-
100 years, but there are heroes. We I talked to a businessman, who said, cause of their sickness, because they
know our first responders. We know almost in tears: I am going to have to are worried about their family’s fi-
our doctors and nurses on the front lay people off for the first time in 40 nances, and because of the deaths that
lines, in our intensive care units. We years of business. After this bill passes, have taken place.
know what heroes they are. But, Mr. he will not have to do that. But, today, we have to also celebrate
Speaker, not all heroes wear capes. And the businesswoman who says: I the roses, those essential workers who
I have a furniture manufacturer in have a rent payment due at the end of are working for the common good
my district, Barbara Caldwell, who the month; after this bill passes, she every single day: the grocery workers,
called me last weekend and said she will be able to pay her rent. the postal workers, the healthcare
wanted to transition her furniture Mr. Speaker, I am humbled, and workers, the people who are out on the
manufacturing to manufacture per- today, I am going to vote for the larg- front lines every single day, looking
sonal protective equipment, and she is est bill in American history. I think it out for us every single day.
doing so. should make us all a little nervous, but I want to celebrate, today, the roses
I had an aircraft manufacturer that it is, after being home, listening to the of life: of Democrats and Republicans
said they wanted to manufacture ven- stories of those in our communities, coming together for the common good,
tilators, and they are changing their the right thing to do. putting aside ideological purity and
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clean room and hiring the engineers so Mr. Speaker, I encourage my col- working together to try and help peo-
that they can do that. leagues to support our communities ple who are facing these desperate
We do have heroes in this country. and support those making our country times.
They don’t always wear capes. better, and I am here to say I am going Mr. Speaker, God bless this country,
I also want to recognize the hard to support this bill, and I encourage and God bless all of our American peo-
work done by the staff on the Com- my colleagues to do so as well. ple.
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H1832 CONGRESSIONAL RECORD — HOUSE March 27, 2020
Mr. BRADY. Mr. Speaker, I yield 1 every unique challenge, help is on the in response to this crisis. He is taking
minute to the gentleman from Indiana way. decisive action to flatten the curve and
(Mr. PENCE). America has faced periods of pro- save lives in the Buckeye State.
Mr. PENCE. Mr. Speaker, yesterday, found adversity in the past. Each time, This bill provides critical resources
I got in my car and drove to Wash- we prevailed. Together, as Americans, for those who need it most: our heroic
ington, D.C., from Columbus, Indiana, we will do so again. healthcare workers, our small busi-
on behalf of the voters in Indiana’s But may we remember that, while nesses, the unemployed, and our local
Sixth District. our Nation is locked down, our creator, leaders who are fighting this virus on
Mr. Speaker, I am here to support God, is wide open to our prayers. Let’s the front lines.
President Trump and be a voice for use them as we put hands and feet, to- Mr. Speaker, I vote ‘‘yes.’’
Hoosiers who need relief from this gether, to our prayers. Mr. HOYER. Mr. Speaker, I yield 1
virus now. I have been fully engaged in Mr. HOYER. Mr. Speaker, I yield 1 minute to the gentleman from Staten
making sure that this package pre- minute to the gentlewoman from New Island, New York (Mr. ROSE), who, him-
serves the health and livelihood of Mexico (Ms. HAALAND), one of the first self, has been on the front lines fight-
Americans. two Native American women to serve ing for freedom and, now, fighting for
We need to protect the health of in the Congress of the United States. our people.
Americans and get them back to work. And this bill, of course, reaches out to Mr. ROSE of New York. Mr. Speaker,
Congress has come together to provide our Tribal communities to make sure I rise today in support of this bill be-
relief and support for hospitals, fami- that they are whole. cause each and every day new workers,
lies, workers, and small businesses. Ms. HAALAND. Mr. Speaker, this people in my own community, are
Mr. Speaker, I came here to fight for global crisis causes us to ask: How do dying.
Hoosiers’ prosperity and the American we value the workers who grow and I rise today in support of this bill be-
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- 5e995e23c07be72609296c7efe4f872a6e4c20ae3ea58dfd9a75e982ddd77e4f
- Our copy
- CREC-2020-03-27.pdf
- Original
- No public link identified.