Congressional Record, Vol. 166, No. 92, House, May 15, 2020 — H. Res. 965 and H.R. 6800
- Date
- 2020-05-15
Summary
The Congressional Record, Vol. 166, No. 92, for Friday, May 15, 2020, 116th Congress, Second Session. It notes that the Senate was not in session and records that the House met at 9 a.m., called to order by the Speaker pro tempore, Ms. DeGette. Mr. McGovern, by direction of the Committee on Rules, calls up House Resolution 967, and the record prints its text providing for consideration of H. Res. 965 on remote voting by proxy and remote committee proceedings, and of H.R. 6800, the HEROES Act. In debate on the rule, Mr. McGovern describes the bill as establishing a Heroes Fund totaling $200 billion for hazard pay and $75 billion for coronavirus testing, treatment and tracing, and yields time to Mr. Cole. The record closes with bill text on special partition assistance for multiemployer pension plans.
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Full text
Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, FRIDAY, MAY 15, 2020 No. 92
Senate
The Senate was not in session today. Its next meeting will be held on Monday, May 18, 2020, at 3 p.m.
House of Representatives
FRIDAY, MAY 15, 2020
The House met at 9 a.m. and was May everything done today be for That the Senate passed S. 2746.
called to order by the Speaker pro tem- Your greater honor and glory. That the Senate passed S. 3434.
That the Senate passed S. 3607.
pore (Ms. DEGETTE). Amen. That the Senate passed S. 3744.
f f With best wishes, I am,
Sincerely,
DESIGNATION OF THE SPEAKER THE JOURNAL ROBERT F. REEVES,
PRO TEMPORE The SPEAKER pro tempore. Pursu- Deputy Clerk.
The SPEAKER pro tempore laid be- ant to section 7(a) of House Resolution f
fore the House the following commu- 891, the Journal of the last day’s pro-
nication from the Speaker: PROVIDING FOR CONSIDERATION
ceedings is approved. OF H. RES. 965, AUTHORIZING RE-
HOUSE OF REPRESENTATIVES, f
Washington, DC, May 15, 2020.
MOTE VOTING BY PROXY AND
I hereby appoint the Honorable DIANA PLEDGE OF ALLEGIANCE PROVIDING FOR OFFICIAL RE-
DEGETTE to act as Speaker pro tempore on MOTE COMMITTEE PROCEEDINGS
The SPEAKER pro tempore. Will the
this day. DURING A PUBLIC HEALTH
NANCY PELOSI, gentleman from Texas (Mr. BURGESS) EMERGENCY DUE TO A NOVEL
Speaker of the House of Representatives. come forward and lead the House in the CORONAVIRUS; PROVIDING FOR
f Pledge of Allegiance. CONSIDERATION OF H.R. 6800,
Mr. BURGESS led the Pledge of Alle-
PRAYER HEALTH AND ECONOMIC RECOV-
giance as follows: ERY OMNIBUS EMERGENCY SO-
The Chaplain, the Reverend Patrick I pledge allegiance to the Flag of the LUTIONS ACT; PROVIDING FOR
J. Conroy, offered the following prayer: United States of America, and to the Repub-
PROCEEDINGS DURING THE PE-
Compassionate and merciful God, lic for which it stands, one nation under God,
indivisible, with liberty and justice for all. RIOD FROM MAY 19, 2020,
thank You for giving us another day.
Send down Your spirit upon this THROUGH JULY 21, 2020; AND FOR
f
Chamber. May Your protective energy OTHER PURPOSES
banish all malicious elements, and COMMUNICATION FROM THE Mr. MCGOVERN. Madam Speaker, by
Your healing presence inspire the CLERK OF THE HOUSE direction of the Committee on Rules, I
Members of this people’s House to rec- The SPEAKER pro tempore laid be- call up House Resolution 967 and ask
ognize and accept the awesome respon- fore the House the following commu- for its immediate consideration.
sibility that is theirs in this difficult nication from the Clerk of the House of The Clerk read the resolution, as fol-
time. Representatives: lows:
Continue to bless all those whose life OFFICE OF THE CLERK, H. RES. 967
work is in bringing Your healing to all HOUSE OF REPRESENTATIVES, Resolved, That upon adoption of this reso-
those stricken by the coronavirus. Washington, DC, May 15, 2020. lution it shall be in order without interven-
Finally, on this Peace Officers Me- Hon. NANCY PELOSI, tion of any point of order to consider in the
morial Day, we give You thanks for the Speaker, House of Representatives, House the resolution (H. Res. 965) author-
men and women in blue who stand Washington, DC. izing remote voting by proxy in the House of
DEAR MADAM SPEAKER: Pursuant to the Representatives and providing for official re-
watch every day throughout our Na-
permission granted in Clause 2(h) of Rule II mote committee proceedings during a public
tion and for us here, at the Capitol. of the Rules of the U.S. House of Representa- health emergency due to a novel
May all Americans be inspired to simi- tives, the Clerk received the following mes- coronavirus, and for other purposes. The res-
larly be of service to one another, that sage from the Secretary of the Senate on olution shall be considered as read. The pre-
our commonweal might be guaranteed. May 15, 2020, at 8:16 a.m.: vious question shall be considered as ordered
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.
H2007
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H2008 CONGRESSIONAL RECORD — HOUSE May 15, 2020
on the resolution to adoption without inter- same day it is presented to the House is that has infected more than 1.4 million
vening motion or demand for division of the waived with respect to any resolution re- people in this country and has taken
question except one hour of debate equally ported through the legislative day of July 21, the lives of close to 90,000 Americans
divided and controlled by the chair and rank- 2020.
already; more than 20 million jobs lost
ing minority member of the Committee on The SPEAKER pro tempore. The gen-
Rules. in the last month; communities asked
tleman from Massachusetts is recog- to stay home; businesses closed; an un-
SEC. 2. Upon adoption of this resolution it
shall be in order to consider in the House nized for 1 hour. employment rate that stands at 14 per-
without intervention of any question of con- Mr. MCGOVERN. Madam Speaker, for cent and growing; lines for food banks
sideration the bill (H.R. 6800) making emer- the purpose of debate only, I yield the that stretch for miles; and first re-
gency supplemental appropriations for the customary 30 minutes to the gen- sponders working to the bone to save
fiscal year ending September 30, 2020, and for tleman from Oklahoma (Mr. COLE), lives.
other purposes. All points of order against pending which I yield myself such time
consideration of the bill are waived. The as I may consume. During consider- People are struggling, Madam Speak-
amendment printed in the report of the Com-
ation of this resolution, all time yield- er. We haven’t seen numbers like this
mittee on Rules accompanying this resolu- since the Great Depression. This situa-
tion shall be considered as adopted. The bill, ed is for the purpose of debate only.
tion demands a whole-of-government
as amended, shall be considered as read. All GENERAL LEAVE
response that matches the challenges
points of order against provisions in the bill, Mr. MCGOVERN. Madam Speaker, I that we face.
as amended, are waived. Clause 2(e) of rule ask unanimous consent that all Mem-
XXI shall not apply during consideration of bers be given 5 legislative days to re- I am proud that this Congress has
the bill. The previous question shall be con- vise and extend their remarks. come together on multiple bills that
sidered as ordered on the bill, as amended, provide trillions of dollars in emer-
The SPEAKER pro tempore. Is there
and on any further amendment thereto, to gency aid. We knew then that although
final passage without intervening motion ex- objection to the request of the gen-
tleman from Massachusetts? those bills were a large investment,
cept: (1) two hours of debate equally divided
and controlled by the chair and ranking mi- There was no objection. they were just the first step in our re-
nority member of the Committee on Appro- Mr. MCGOVERN. Madam Speaker, on sponse.
priations; and (2) one motion to recommit Thursday, yesterday, the Rules Com- This rule will allow for consideration
with or without instructions. mittee met and reported a rule, House of the HEROES Act, a comprehensive
SEC. 3. Until completion of proceedings en- Resolution 967, providing for consider- response to further help the American
abled by the first two sections of this resolu-
ation of H. Res. 965, authorizing remote people. This bill is named after the
tion—
(a) the Chair may decline to entertain any voting by proxy in the House of Rep- teachers, healthcare workers, and first
intervening motion (except as expressly pro- resentatives and providing for official responders who keep us all safe. It puts
vided herein), resolution, question, or notice; remote committee proceedings during these heroes front and center by pro-
and a public health emergency due to a viding more than $1 trillion for States
(b) the Chair may decline to entertain the novel coronavirus resolution; and H.R. and localities to give them the pay
question of consideration. 6800, the HEROES Act. that they have earned.
SEC. 4. On any legislative day during the Madam Speaker, the Rules Com-
period from May 19, 2020, through July 21, The bill also establishes a Heroes
2020—
mittee met for over 9 hours. While Fund totaling $200 billion so that the
(a) the Journal of the proceedings of the there are strong disagreements be- essential workers who have risked
previous day shall be considered as approved; tween Democrats and Republicans on their lives during this pandemic get
and these matters, I want to say that the the hazard pay that they deserve.
(b) the Chair may at any time declare the proceedings were civil, and I appreciate
House adjourned to meet at a date and time, that very much. There is another $75 billion for
within the limits of clause 4, section 5, arti- I want to thank the ranking member, coronavirus testing, treatment, and
cle I of the Constitution, to be announced by tracing.
Mr. COLE, for the tone that he set, not
the Chair in declaring the adjournment.
SEC. 5. The Speaker may appoint Members only yesterday, but in all of our hear- There is support here for workers,
to perform the duties of the Chair for the du- ings on issues where we have common renters, homeowners, and small busi-
ration of the period addressed by section 4 of ground and on issues where we dis- nesses.
this resolution as though under clause 8(a) of agree. This legislation also protects our de-
rule I. The rule provides for consideration of
SEC. 6. Each day during the period ad- mocracy by providing resources to en-
H. Res. 965 under a closed rule. It pro- sure safe Federal elections, an accurate
dressed by section 4 of this resolution shall
vides 1 hour of debate equally divided Census count, and a Postal Service
not constitute a calendar day for purposes of
section 7 of the War Powers Resolution (50
and controlled by the chair and rank- that can continue its vital work.
U.S.C. 1546). ing minority member of the Committee
on Rules and provides that upon adop- I am especially proud to see provi-
SEC. 7. Each day during the period ad-
dressed by section 4 of this resolution shall tion of the rule it shall be in order sions here to fight the growing hunger
not constitute a legislative day for purposes without intervention of any point of crisis in America. That includes many
of clause 7 of rule XIII. order to consider the resolution. of the ideas behind the bipartisan, bi-
SEC. 8. Each day during the period ad- The rule further provides for consid- cameral FEED Act, and a separate 15
dressed by section 4 of this resolution shall percent increase in the maximum ben-
eration of H.R. 6800 under a closed rule,
not constitute a calendar or legislative day efit under SNAP, our Nation’s premier
for purposes of clause 7(c)(1) of rule XXII. self-executes a manager’s amendment
from Chairwoman LOWEY, provides 2 antihunger program. More than 40 mil-
SEC. 9. Each day during the period ad-
dressed by section 4 of this resolution shall hours of debate equally divided and lion people relied on this program even
not constitute a legislative day for purposes controlled by the chair and ranking before this pandemic hit. So when peo-
of clause 7 of rule XV. minority member of the Committee on ple say they want to get back to nor-
SEC. 10. It shall be in order without inter- Appropriations, and one motion to re- mal, I want to get back to better than
vention of any point of order to consider con-
commit with or without instructions. normal because having 40 million peo-
current resolutions providing for adjourn- ple in this country hungry even before
ment during the month of July, 2020. The rule also provides that upon adop-
tion of the rule, it shall be in order to this pandemic is unconscionable. We
SEC. 11. It shall be in order at any time
through the calendar day of July 19, 2020, for consider the bill in the House without need to do better.
the Speaker to entertain motions that the intervention of any question of consid- Today, we see lines for food banks
House suspend the rules as though under eration. across the country that go for miles
clause 1 of rule XV. The Speaker or her des- Finally, the rule provides suspension and miles. Parking lots are so full at
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ignee shall consult with the Minority Leader authority through July 19, 2020, and some of these places that they look
or his designee on the designation of any
same-day authority and recess instruc- like some kind of gathering for a major
matter for consideration pursuant to this
section. tions both through July 21, 2020. sporting event. Instead, it is people
SEC. 12. The requirement of clause 6(a) of Madam Speaker, let me begin with a just trying to secure their next meal.
rule XIII for a two-thirds vote to consider a snapshot of what we are seeing in This is happening in the richest coun-
report from the Committee on Rules on the America today: a novel coronavirus try on the face of the Earth, a country
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2009
whose President, by the way, was try- believe these changes will fundamen- $3 trillion in spending;
ing to weaken SNAP and slash its ben- tally alter the nature of the institu- Nearly $10,000 for every American;
efits before COVID–19 hit. If he suc- tion, and not for the better. We must A controversial bailout of multiem-
ceeded, that would have thrown mil- never forget that the House is part of a ployer pension plans;
lions and millions of poor people off Congress—literally, a physical meeting Forgiving $10,000 of student loan debt
the program. between delegates. per person;
People are suffering, Madam Speak- When we move to acting remotely, Federalizing the national election
er. But just this week, Senate Majority we lose that fundamental aspect of our system;
character. We lose the opportunity to Changing credit scoring models and
Leader MITCH MCCONNELL called this
meet together, discuss ideas, discuss banning debt collection;
bill a messaging exercise. I don’t give a Requiring nationwide vote by mail
damn about sending a message, Madam legislation, and move forward together
on bills that shape our Nation. And we and same-day registration.
Speaker. I want to send help to those I could go on and on and on, but I
in desperate need. do so in a way that does not, in my
think everyone gets the picture. So
As we act on this bill today, we are view, pass constitutional muster.
much of what is in this bill simply has
also moving forward as part of this rule Madam Speaker, I urge my col-
nothing at all to do with the current
with temporary changes to ensure that leagues to reject these rules changes
crisis. It is more like a liberal Christ-
Congress can continue legislating today and return to the drawing board
mas card wish list.
throughout the COVID–19 pandemic. so that we can act together in a bipar- Madam Speaker, it would make more
That includes enabling virtual com- tisan manner to ensure that Congress sense, in my view, to just send it
mittee proceedings and remote voting can continue to operate during this cri- straight to Santa Clause than to send
on the House floor during this emer- sis. it to the United States Senate. It
gency. Not to be outdone with attempting to
would have a better chance of becom-
I don’t suggest these changes lightly. change the fundamental nature of the ing law that way.
I still believe that we do our best work House of Representatives, in today’s Madam Speaker, this doesn’t make
rule, the majority is proposing an enor- sense. If the majority actually wants
in person and side by side. But we must
mous bill that will fundamentally to help Americans, there are plenty of
temporarily embrace technology dur-
change the nature of our country. bipartisan ways to do so. We could be
ing this unprecedented time, the same H.R. 6800, which we saw for the first
way local governments and countries focusing our efforts on legislation to
time on Tuesday afternoon, is 1800 combat the pandemic, to get people
around the world have, so we can con- pages long. While we do not yet have a
tinue legislating as safely as possible. back to work, and to restore the econ-
CBO score, the majority is purporting omy, but instead we have been handed
b 0915 that the bill includes spending in ex- 1800 pages and over $3 trillion in Demo-
Madam Speaker, the status quo has cess of $3 trillion. And to make matters cratic priorities that they would be
become dangerous and unacceptable. worse, the bill was assembled with only pursuing regardless of the pandemic.
We must act. Let’s meet this moment. Democratic input. It is not a stretch to We can do better than that; and, frank-
Let’s honor our heroes, and let’s make say that this bill is nothing more than ly, Madam Speaker, recently, we have
sure that we can act throughout this Democratic policy agenda done better than that.
pandemic. masquerading as a response to the I remind my friends that we actually
Madam Speaker, I encourage all my coronavirus crisis. considered and passed, on a bipartisan
Madam Speaker, it goes without say- basis, four relief bills with almost no
colleagues to support this rule and the
ing that this bill is going nowhere, and partisan dissent. Those bills were nego-
underlying measure, and I reserve the
it is going nowhere fast. The Senate tiated before they ever arrived on the
balance of my time.
will not consider this bill. The Presi- floor of this body. We should return to
Mr. COLE. Madam Speaker, I thank
dent will not sign it into law. that method and that system. It yield-
the gentleman from Massachusetts Why we are wasting what precious
(Mr. MCGOVERN), my good friend, for ed real results for the American people.
little time that the Speaker is allowing What we have got today will not.
yielding me the customary 30 minutes, us to be assembled here at the Capitol
and I yield myself such time as I may Madam Speaker, I urge opposition to
on partisan policy priorities of one the rule, and I reserve the balance of
consume. party instead of working together in a
Madam Speaker, we are here today to my time.
bipartisan manner is beyond my under- Mr. MCGOVERN. Madam Speaker, H.
consider a rule that provides for con- standing.
sideration of two items. Res. 965 was mentioned, and some ques-
What is even more surprising is how tions were raised about constitutional
Today’s rule establishes a process for quickly the majority wants to move on issues.
consideration of H.R. 6800, what the a bill of this magnitude. Just 6 weeks Madam Speaker, we have consulted
majority is calling the HEROES Act, ago, Congress passed, and the President with several constitutional scholars:
but what is better described as an 1800- signed into law, the CARES Act, a bill Erwin Chemerinsky, the renowned con-
page, $3 trillion Democratic list of pol- that provided over $2.3 billion for stitutional expert and dean of the
icy priorities. coronavirus relief efforts. And just 2 Berkeley School of Law; Deborah
The rule proposes the most con- weeks ago, we passed another bipar- Pearlstein, constitutional law pro-
sequential change in the rules of the tisan bill that provided an additional fessor from Cardozo School of Law and
House of Representatives during my $500 billion in relief. Some of the former clerk to Supreme Court Justice
time in Congress. The change to the money from these two bills hasn’t even John Paul Stevens; Sai Prakkash, a
House rules covers two key areas: been spent yet. But now, Democrats constitutional law professor from the
First, it would impose, for the first are falling all over themselves to spend University of Virginia and former clerk
time in our history as an institution, a another $3 trillion on their own prior- to the late Supreme Court Justice
system of proxy voting on the floor of ities. It is simply astonishing. Antonin Scalia—all of whom have
the House of Representatives. That Let me be clear of one thing, Madam found that the House has the constitu-
change also allows for the adoption of Speaker: Republicans in the House, in tional authority to institute remote
totally remote voting upon the certifi- the Senate, and in the White House voting by proxy.
cation of a single Member of Congress, stand ready to work with Democrats to Madam Speaker, I yield 2 minutes to
Chairman LOFGREN, of a technology for pass another bipartisan coronavirus re- the distinguished gentlewoman from
that use. lief bill at the appropriate time and California (Ms. MATSUI), and also a
Second, it would also allow commit- after the normal give-and-take of seri- member of the Rules Committee.
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tees to operate remotely and approve ous negotiation. That bill, when it Ms. MATSUI. Madam Speaker, I rise
legislation remotely. comes, will be very different in scope today in support of the rule.
Madam Speaker, I said quite a bit and detail from what we are consid- The public health challenge this
about these rules changes at our com- ering here today. country faces is unprecedented in mod-
mittee meeting yesterday, and I con- Consider just a few of the provisions ern American life, and we have an obli-
tinue to stand by those comments. I in H.R. 6800: gation to respond in kind.
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H2010 CONGRESSIONAL RECORD — HOUSE May 15, 2020
The administration’s response to this of the Members of either House of Congress States might be governed by a Juncto,’’ he
pandemic and the implementation of must be present for it to conduct business: said.
bipartisan legislation providing tril- Each House shall be the Judge of the Elec- The delegates considered and overwhelm-
tions, Returns and Qualifications of its own ingly rejected King’s motion that the Con-
lions of dollars in support require stitution set a minimum of 33 Representa-
meaningful oversight. As our public Members, and a Majority of each shall con-
stitute a Quorum to do Business; but a tives and 14 Senators while the number to be
health experts continue to recommend smaller Number may adjourn from day to increased by law. Only the Massachusetts
social distancing, this rule will allow day, and may be authorized to compel the and Delaware delegations favored King’s
the House to execute its constitutional Attendance of absent Members, in such Man- plan.
obligations in a way that respects their ner, and under such Penalties as each House James Madison and Edmund Randolph,
advice and limits the spread of COVID– may provide. both of Virginia, moved to amend the draft
by inserting a provision allowing for each
19. WHAT DID THE DELEGATES TO THE CONSTITU-
House to summon and penalize absent Mem-
I also am here to support the HE- TIONAL CONVENTION SAY ABOUT THE QUORUM?
bers. All the state delegations except for
ROES Act. The additional funding in- The current form of the quorum clause was Pennsylvania supported this amendment. In
cluded in this bill is needed imme- the subject of debate at the Constitutional fact, the Pennsylvania delegation was di-
diately. Convention of 1787. vided on the question. Then the delegations
The HEROES Act builds upon the The Committee of Detail was a group of unanimously approved the majority quorum
delegates entrusted with devising a draft provision, as amended, and it is this version
progress of our previous bills by pro-
constitution that reflected the delegates’ that made its way into the U.S. Constitu-
viding nearly $1 trillion for State and agreements. On August 6, 1787, it reported a
local governments to pay healthcare tion.
draft that said ‘‘a majority of members’’
workers, police, fire, teachers, transit WOULD PROXY VOTES SATISFY THE
would ‘‘constitute a quorum to do business,’’
CONSTITUTIONAL REQUIREMENT FOR A QUORUM?
workers, and other essential personnel. though ‘‘a smaller number may adjourn from
It also increases flexibility in the day to day.’’ Unlike the Constitution that It is clear that the delegates considered
PPP to help small businesses use was ratified, the Committee of Detail did not the possibility of quorums of consisting of a
include a provision allowing for the ‘‘smaller minority of the Members and rejected this
money in a way that makes sense for
Number’’ to ‘‘compel the Attendance of ab- option in favor of a majority quorum. That
them. I have heard from restaurants is beyond dispute. What is disputed is wheth-
sent Members’’ or penalize those who were
and small businesses across Sac- missing. er proxy votes counting towards a quorum
ramento that these changes are needed, On August 10, the delegates debated the would pass constitutional muster. Even
and I am glad that this bill responds di- Committee of Detail’s quorum requirement. though the Constitution allows each House
rectly to their concerns. Two important concerns emerged. If the to determine its rules of procedure (Article I,
And to contain the virus, the HE- quorum were too high, it could prevent the section 5), proxy votes counting towards
ROES Act provides additional re- majority from being able to transact busi- quorum seem to run contrary to the intent
ness. If it were too low—or could be manipu- of the delegates at the Constitutional Con-
sources for testing, tracing, and isola-
lated to be lowered—it would allow a small vention.
tion, and ensures every American has Proxy voting was certainly possible in the
group of people to impose their will upon
access to free coronavirus treatment, others. time of the Constitutional Convention. For
covers the cost of COBRA premiums for According to James Madison’s Notes of De- instance, absentee or proxy voting was not
9 months, and opens up special enroll- bates in the Federal Convention of 1787, some unknown in the colonies. Yet, apparently,
ment periods for ACA exchanges and delegates advocated granting the Legislature the suggestion was not raised at the Conven-
Medicare. complete or partial discretion in setting a tion. One should be careful not to infer too
As we come to fully appreciate the quorum: much from silence, but one possibility is
John Francis Mercer of Maryland proposed that the delegates did not consider that the
scale and severity of this pandemic, it
following the example of Great Britain, Congress would ever ‘‘meet’’ by proxy. In
is clear that additional support is nec- fact, proxy voting would have settled some
where Parliament could determine its own
essary to prevent more deaths and job quorum. There, he said, ‘‘the requisite num- of the problems delegates on both sides of
losses. ber is small & no inconveniency has been ex- the issues raised. If proxy voting were per-
Madam Speaker, I look forward to perienced.’’ missible, then the distant states could have
supporting this bill and I urge my col- Gouverneur Morris of New York proposed more easily defended themselves by sta-
leagues to do the same. setting the quorum at 33 Representatives tioning a member at the capital, armed with
Mr. COLE. Madam Speaker, I include and 14 Senators. This would initially be a proxies of their absent colleagues. By the
in the RECORD two articles from distin- majority for each Chamber, though it would same token, those who feared that a small
be less than a majority as Members were number could obstruct business by collecting
guished constitutional scholars at the
added. Congress, he thought, should have a proxy votes from others who shared their
Congressional Institute that do raise relatively low quorum since it would prevent concerns. No one, apparently, raised proxy
questions about the constitutionality a small group of people from withholding a voting as a solution for issues with the
of the proposed rules changes. quorum, which would be a particular risk quorum; rather, both sides seemingly oper-
[From congressionalinstitute.org, May 13, when ‘‘a particular part of the Continent ated under the assumption that a physical
2020] may be in need of immediate aid.’’ presence was necessary for participation in
THE QUORUM, THE CONSTITUTIONAL CONVEN- Rufus King of Massachusetts proposed ini- Congress.
TION, AND THE CORONAVIRUS: SOME QUES- tially setting the quorum at 33 Representa- If proxy votes were to count towards a
TIONS tives and 14 Senators, but allowing Congress quorum, the Randolph-Madison amendment
to increase the numbers as it saw fit. As the would be a redundancy. Since the amend-
The coronavirus pandemic has led some to
number of Members increased, a majority ment allows each House to ‘‘compel the At-
call on Congress to continue its operations
quorum would be ‘‘cumbersome.’’ tendance of absent Members,’’ it is predi-
while Members are dispersed throughout the
Other delegates feared that a low quorum cated on the notion that a physical presence
country. H. Res. 965 authorizes the Speaker
would allow small groups to make laws for is necessary for Congress to conduct its busi-
to allow Members to vote by proxy when the
the rest of the country: ness. If a physical presence were not nec-
Sergeant-at-Arms notifies her that there is a
Elbridge Gerry, also of Massachusetts, pro- essary, it would be unnecessary to ‘‘compel
public health emergency due to the
posed that for the House the quorum should the Attendance of absent Members.’’ Nor
coronavirus. Conceivably, this means that a
be no less than 33 and no more than 50, with would there be any reason to penalize them
only minority of the Members will be present
the Legislature free to select a number with- for failing to show. However, the states near-
in the Chamber when conducting business.
in these bounds. A quorum of 33 in the ly unanimously voted to include this provi-
On the face of it, that would violate Article
House, Gerry said, would allow as few as two sion in the Constitution, highlighting the
I, Section 5, of the Constitution, which re-
states to make laws for the rest. importance of a physical presence at the
quires a majority of Members to do business. George Mason of Virginia said the major- Constitutional Convention.
To get insulate the votes against constitu- ity quorum provision was a ‘‘valuable & nec- The Framers’ concern over the dangers of
tional challenges, H. Res. 965 stipulates that essary part of the plan.’’ In fact, he was con- small numbers of Members of Congress
proxy votes would count towards a quorum. cerned that a mere majority would allow transacting business in the absence of the
This, however, would still seem to violate
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people to object to the plan as a whole. He majority of their colleagues is as valid today
the intent of the Framers of the U.S. Con- reasoned that with a lower quorum, states as it was in 1787. It is true that the
stitution. closer to the seat of government could make coronavirus pandemic presents great dif-
WHAT DOES THE CONSTITUTION SAY ABOUT laws favorable to themselves in the absence ficulties to Congress, and both Chambers
QUORUMS IN CONGRESS? of more distant states. ‘‘If the Legislature have shown that they can still conduct busi-
Article I, Section 5, of the U.S. Constitu- should be able to reduce the number at all, it ness without violating constitutional safe-
tion sets forth a requirement that a majority might reduce it as low as it pleased & the U. guards. As much as Congress needs to look to
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2011
the here-and-now, it also must look to the It might be possible for the House to that passes—and it will, because this
future. In the long-run, the inperson pres- change the rules to allow proxy voting, but House is ruled by the majority—we will
ence of Members of Congress is absolutely only after attaining a physical quorum. The then take up a $3 trillion assistance
vital to the strength of the Legislature, and one thing it cannot do under the Constitu-
bill.
no amount of proxy votes may substitute for tion and under the House’s own precedents is
It is not the first time this week that
it. to allow those proxies to count toward a
physical quorum. So it might be possible the majority Democrats have trampled
VOTING PRESENT BY PROXY IS AN that, consistent with the Constitution, some on the rights of the Republican minor-
UNCONSTITUTIONAL OXYMORON proxy voting might be allowed if there is a ity. Allowing multiple Members to
The Constitution leaves a great deal of lee- physical majority present for a vote. vote by proxy does not seem like rep-
way to the House and Senate for establishing House Rules Committee Chairman McGov- resentative government. I, for one, will
their own rules of procedure. But one provi- ern has stated his view that Members who not give away the vote of the people of
sion is absolutely clear: in both chambers, a vote by proxy must give specific instructions the 26th District to someone they did
quorum is required to do business. And a on how their votes would be recorded, and
not elect. Governing is difficult, but we
quorum is defined as a majoritiy of its mem- those instructions should be printed in the
Congressional Record. If done this way, sought the jobs and we need to get
bers.
Article 1, section 5, of the U.S. Constitu- where most Members were present, and only back to work.
tion states: a few were unable to make it to Washington, Far too many American lives have
a Majority of each shall constitute a it would be similar to a traditional courtesy been lost to the pandemic. This novel
Quorum to do Business; but a smaller Num- of ‘‘pairing votes.’’ In the not-so-distant coronavirus continues to wreak havoc
ber may adjourn from day to day, and may past, ‘‘vote pairing’’ would occur when a on our healthcare, as well as our econ-
be authorized to compel the Attendance of Member who was voting opposite of the ab- omy. There are plenty of things we
absent Members, in such Manner, and under sent Member withheld their vote and an- could have done in the House on the
such Penalties as each House may provide. nounced a pair with the absent member, thus Committee on Energy and Commerce
If a physical presence were not necessary, offsetting each other’s vote. In today’s high-
ly polarized Congress, such courtesies are
during the last several months which
it would be unnecessary to ‘‘compel the At- were undone.
tendance of absent Members.’’ Although rare, which might indicate the need for an
updated system. We passed a bill called the Pandemic
proxy voting was possible at the time of the All-Hazards Preparedness Act. This
The one thing that Congress cannot allow
Constitutional Convention, the participants
spent long days waiting for their colleagues
is the idea of conducting controversial busi- was a good bill, and it was signed into
to arrive to conduct business in person.
ness with only a small number of Members law in June of 2019, 6 months before the
present. It is understandable why the House pandemic started.
Being physically present does make for an
Democratic leadership wants to put this rule We could have had a realtime over-
inefficient system, but that’s what the
in place since we are in the midst of a pan- sight of this bill that we had just
Founders intended—they did not intend to
demic. At the same time, political leaders passed in the month of February ask
make it easy to reach consensus and govern.
cannot simply ignore constitutional require-
The constitutional provision for the quorum the questions: Is it doing what we
ments or proper parliamentary forms to re-
was designed to protect the public. thought? Are we achieving what we at-
Quorums are not self-enforcing. So a solve the issues. Congress is, by definition,
the gathering of people together to solve tempted to achieve with that bill?
quorum is assumed unless it questioned by a Here is a realtime test, a stress test,
Member. That is why the House carries on issues. This cannot—and should not—be done
non-controversial business even when it is remotely. but we chose not to do it. We had hear-
evident that only a few Members are on the Observers of Congress agree that one of the ings on flavored tobacco and horse rac-
Floor. To conduct business such as voting, primary causes of divisive partisan polariza- ing instead.
however, a quorum can be demanded by any tion is that Members no longer form rela- In an effort to show what we should
Member through a point of order. Once de- tionships and friendships. Back when Mem- be working on, I wrote a series of hear-
bers met five days a week instead of three,
manded, the House cannot conduct any busi- ing request letters this week to the
ness—even a request to withdraw the call to they moved their families to Washington DC.
Their kids went to school together, and their Committee on Energy and Commerce
quorum—until a quorum is attained. This Health Subcommittee chair, including
protects the minority party. Once a party spouses formed friendships with other
spouses. It’s human nature to be much more work on the Strategic National Stock-
tries to take action beyond what has been
civil to someone whose spouse is friends with pile, mental health, racial disparities,
agreed to by consensus, the other side can
quickly shut that down by raising an objec- yours or whose kid is on your kid’s soccer provider relief, and testing. We should
tion to the lack of quorum. If a quorum can- team. be working through authorizing com-
Most importantly, legislators need to leg- mittees to improve our Nation’s public
not be achieved, under the Constitution, the
islate. There is a give and take created by health response to this pandemic.
only business allowed is a motion to adjourn.
amendments and debates that require direct
This raises a question of whether the State testing capacity has gotten
House can change its rules of procedures to human interaction. Too little of that goes on
now—how much worse will it be if members substantially better, but we must re-
allow proxy votes to count towards a flect on what went wrong so we make
quorum. Besides the oxymoronic notion that are just ‘‘emailing it in?’’ Today, leaders
from the House and Senate negotiate with sure that it does not happen again in
a member could vote ‘‘present by proxy,’’ the
the President, and the other 533 legislators the future.
House’s precedents argue against it.
Proxy voting has never been allowed or vote on their agreement. That’s not legis- I, frankly, do not understand what
even considered on the House Floor. But lating. happened at the Centers for Disease
proxy voting has, from time to time, been al- Proxy voting might be more efficient than Control and Prevention in the month
lowed in Committees. Even though it has waiting for everyone to physically get to of February of this year. We have never
Washington DC. But efficiency was not a
been banned since 1995, the House has estab- really asked the question at the com-
lished precedents for how proxy voting was goal of the founding fathers. They wanted
the people’s representatives to get together mittee level. We should have.
treated in prior Congresses. If we don’t understand what went
While Members who were absent could give and work out compromise and consensus.
Isolated Members voting from remote loca- wrong, how do we prevent it from hap-
their proxy to another Member on the Com-
mittee, allowing their votes to be counted, tions will further harm civility and under- pening again if the virus makes a re-
Deschler’s Precedents shows that the ‘‘no mine Congress’ already weakening place in surgence, if some other virus makes an
measure is to be reported from any com- the Constitution’s balance of power. appearance?
mittee unless a majority of the committee Mr. COLE. Madam Speaker, I yield 3 Congress, recognizing the importance
was actually present when the measure was minutes to the distinguished gen- of widespread diagnostic testing, did
ordered reported.’’ This echoes Cannon’s tleman from Texas (Mr. BURGESS), my take action to encourage the develop-
Precedents, a previous compilation of the good friend, a member of both the ment of testing strategies, and billions
precedents, which states: of dollars have been directed towards
Rules Committee and the Committee
Recognition of voting proxies by standing on Energy and Commerce. testing in our four previous response
committees is a matter to be respectively bills. But now we are poised to push $3
Mr. BURGESS. Madam Speaker, I
determined by each committee for itself, but
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proxies may not be counted to make a thank the gentleman for yielding me trillion of taxpayer money out the
quorum. the time. door, and we should evaluate, we
In other words, when allowed, Committees Madam Speaker, today’s rule con- should have the evaluation of what is
could count proxy votes, but they first had tains a resolution that will really fun- the current state of our response and
to have a majority of actual people attend- damentally change the proceedings of our recovery, including our testing
ing or none of the votes would count. this House of Representatives. Once strategy.
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H2012 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Madam Speaker, we have to get this the text, in Article I, Section 3, providing: While the Senate may be here in D.C.
right for the American people. ‘‘The Senate shall have the sole power to try whistling past the graveyard as they
Mr. MCGOVERN. Madam Speaker, let all impeachments . . . . [N]o person shall be confirm judicial nominees, we are
convicted without the concurrence of two
me just say, it is absolutely ridiculous thirds of the members present.’’ The failure
working to get the American people
for anybody to suggest that, under the to include such a requirement in in the the help they desperately need. I urge
process that we are advocating, some- Quorum Clause, or indeed to modify or define all of my colleagues to support these
how you are ‘‘giving away’’ your vote. the Quorum Clause majority requirement in bills.
There is no discretion at all involved in any way, suggests the framers did not intend Mr. COLE. Madam Speaker, I yield 3
the process that we are putting for- to include presence as such as part of the minutes to the gentlewoman from Ari-
ward. My colleague sat through hours quorum determination. zona (Mrs. LESKO), my good friend and
Particularly when coupled with the Clause
of hearings yesterday. I would maybe member of both the Rules Committee
immediately following the Quorum Clause—
suggest that he reread the bill. according each House broad discretion to and the Judiciary Committee.
Madam Speaker, I also include in the ‘‘determine the rules of its proceedings’’—it Mrs. LESKO. Madam Speaker, both
RECORD a letter from law professor makes no sense to imagine the framers bills under this rule are absolutely ter-
Debra Pearlstein in response to Mr. meant here to tie the hands of future con- rible and should be rejected.
Mark Strand’s article, which my rank- gresses from using what reasonable, First of all, you have the proxy vot-
ing member just submitted for the verifiable means might be available to adjust ing and remote voting. This has never
RECORD. its procedures to accommodate a crisis. On been done in the history of the United
CARDOZOLAW, the contrary, as both judicial opinion and States—not during the Civil War, not
the historical record referenced in my earlier
May 15, 2020. during previous pandemics, and we
DEAR CHAIRMAN MCGOVERN: I read with in- letter make clear, the House’s discretion to
adopt rules reasonably adapted to suit shouldn’t do it now. When you have
terest an article by Mssrs. Mark Strand and nurses going to work, when you have
Tim Lang introduced into the record during changing circumstances is precisely as broad
as the Constitution’s text suggests. grocery store workers going to work,
yesterday’s hearing of the House Rules Com-
mittee on H. Res. 965—Authorizing remote
As ever, I thank you for your efforts, and when you have everybody else going
for the opportunity to share my views. back to work, we are setting a terrible
voting by proxy in the House of Representa-
Sincerely, example by saying: ‘‘You don’t have to
tives. Having written elsewhere in detail
DEBORAH N. PEARLSTEIN, show up to work. Just give your voting
about my conviction that the rules change
Professor of Law.
under consideration readily passes constitu- card over to somebody else.’’ It is ter-
tional muster, I am grateful for the oppor- Mr. MCGOVERN. Madam Speaker, I rible.
tunity to explain why the Strand and Lang will go into this later in much more de- And then when I offered an amend-
position fails to persuade. tail when we take up the resolution, ment in the Rules Committee yester-
Mssrs. Strand and Lang offer no objection but I would urge my colleagues to read
to the proxy voting process as such, but
day saying, ‘‘Okay, if you don’t show
the response. up to work, you don’t get the travel al-
rather argue that the Constitution would Madam Speaker, I yield 2 minutes to
permit votes by designated proxy only if a lowance in your MRA,’’ that was re-
the gentlewoman from Florida (Ms. jected by every single Democrat Mem-
quorum of Members is already physically
present in the House chamber as provided for
SHALALA). ber on the Rules Committee.
under existing House rules. Their objection b 0930 And then Speaker PELOSI’s bill, I call
is to the rule change proposed as part of H. it the Keep People Unemployed Act,
Res. 965 that would allow Members voting by
Ms. SHALALA. Madam Speaker, I
rise today in support of the rule and because that is what it is. It will
proxy to count toward the establishment of
the underlying bills. incentivize people to stay unemployed.
a quorum ‘‘to do business’’ required by Arti-
cle I, Section 5 of the Constitution. The au- Madam Speaker, my office in Miami It extends the $600-per-week unemploy-
thors cite no case law to support their view is not getting calls; we are getting ment payment through January 31 of
that the Constitution’s Quorum Clause re- cries for help. My neighbors are scared next year. It mandates all businesses
quires Members’ physical presence, relying of both a virus that could kill them or continue the Family Medical Paid
instead on two lines of argument: (1) the their loved ones and worried about how Leave Act for another year, and it says
bare text of the Quorum Clause, and (2) the they will make their next rent or mort- that when you apply for SNAP, food
interpretive claim that, because other provi- stamps, that the $600 per week that you
sions of the Constitution refer to Members’
gage payment or buy groceries or when
their children will go back to school. are getting doesn’t count towards in-
‘‘presence’’ or ‘‘absence,’’ it must be that the
Quorum Clause itself must be read to man- Today we vote on two bills. The first come. So now you are going to have
date physical presence. Neither argument is will allow Members of Congress to do people that are sitting at home getting
persuasive. our jobs, as described by our chair, Mr. paid more than they did when they
In defining the scope of the quorum re- MCGOVERN. The second will provide worked and getting food stamps.
quirement, the Quorum Clause itself says desperately needed relief. I already have businesses in my dis-
solely: ‘‘a Majority of each shall constitute a We have already passed four pieces of trict that say we need to hire back
Quorum to do Business.’’ The Clause does not legislation to respond to the pandemic these people because Arizona is back
provide any method or test for determining open. They can’t hire the people be-
which has killed more than 83,000
the existence of a majority. Neither does it
define what measure each House must use to Americans. My friends and neighbors cause the people are getting paid more
establish the existence of a majority. The in south Florida are suffering. The HE- to sit at home.
Clause itself thus provides no basis for deter- ROES Act gives money to my State, In addition, it gives $1,200 to people
mining whether the ‘‘majority’’ must be, for cities, and county that are shouldering that are here illegally. Why are we not
example, ‘‘a majority of Members present,’’ both the economic and health burdens prioritizing U.S. citizens? It lets crimi-
or ‘‘a majority of Members elected,’’ or ‘‘a of COVID–19. nals who are convicted of murder and
majority of Members able to vote,’’ or some Unless we do this, my county and cit- rape, just because they are 50 years old
other metric altogether. ies and school board will not be able to or older, out of prison. And it federal-
The authors must instead rely heavily on
pay teachers or firefighters or police izes elections, mandating that there is
their interpretive claim that, because other
provisions of the Constitution refer to Mem- officers or transit workers or even hire same-day voter registration and that
bers’ ‘‘presence’’ or ‘‘absence,’’ the Quorum contact tracers to help get this virus everyone is mailed a ballot.
Clause itself must be read to include an im- under control. This bill provides that This is a ridiculous bill in this com-
plied requirement of physical presence, as if and includes more money for SNAP bined rule, and I ask my Members to
the Clause had been written to mandate ‘‘a and additional economic impact pay- vote ‘‘no.’’
Majority of members present shall con- ments of up to $6,000 per family. Mr. MCGOVERN. Madam Speaker,
stitute a Quorum.’’ That is, of course, not The HEROES Act also provides need- there is a lot that I could say, but let
dlhill on DSK120RN23PROD with HOUSE
what the Constitution says. On the contrary, ed funds for the Postal Service. The me just say this: In the time of this in-
the absence of the word ‘‘presence’’ in the
Postal Service was founded in 1792. It is credible tragic health pandemic and
Quorum Clause cuts as much against the au-
thors’ argument as in its favor. The framers more critical than ever in helping peo- economic crisis, I don’t think now is
of the Constitution knew exactly how to re- ple safely access medications and food the time to kick poor people, to beat
quire ‘‘presence’’ when they wanted to; they and cleaning supplies and vote-by-mail up on people who are hungry in this
do so, for example, just a few lines earlier in ballots and more. country.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2013
We ought to step forward, as the tions, both on the specifics of the proc- For example, a point of order regarding the
United States of America, the richest esses authorized in the rules changes germaneness of an amendment must be made
country in the history of the world, and the technology to support it. when the amendment is offered. After read-
ing the amendment is dispensed with, the op-
and make sure that nobody in our I know that this morning, at 6 a.m.,
portunity to object is lost.
country goes hungry. It is shameful the we were provided a copy of the regula- The Majority already has demonstrated a
way my colleagues on the other side of tions that the Rules Committee plans great capacity to ignore points of order, par-
the aisle demagogue this issue. It is on issuing. Is that the same type of liamentary inquiries, and privileged mo-
shameful. consultation that we can expect for the tions. Since they will be controlling the
Madam Speaker, I yield 30 seconds to remote hearing changes that are left to technology, how will Minority members ever
the gentleman from California (Mr. one Member of the majority to decide? get a chance to even raise these procedural
CORREA). The House is on the receiving end of points?
It is unclear if current technologies have
Mr. CORREA. Madam Speaker, I rise 1.6 billion unauthorized scans on our the capability to have a clearly visible timer
in support of the underlying rule and network per month. After broadcasting which will create challenges enforcing time
the HEROES Act to provide stimulus to the world that Members are going to limits in a clear and transparent way.
checks to all taxpayers. now be able to cast their vote or oper- Issues will arise without parliamentarians
In April, I introduced H.R. 6438, the ate in this institution remotely, I don’t and counsels in the room to advise on
Leave No Taxpayer Behind Act, so that know about you, Madam Speaker, but I amendments, motions, objections, and points
hardworking, taxpaying immigrants, of order.
expect those to increase.
VIRTUAL COMMITTEE PROCEEDINGS INCREASE
immigrants who work in our fields to What further reduces my confidence
THE RISK OF THE POLITICIZATION OF OFFICIAL
feed us on an everyday basis, also re- in these sweeping changes that will not COMMITTEE BUSINESS
ceive stimulus checks. have their stated effect is the feedback Traditionally, there is a clear separation
Thank you for including this meas- from virtual committee roundtables between official business and campaign
ure in the HEROES Act, and I urge pas- that have already been attempted by work. This is particularly the case imme-
sage of the HEROES Act. every committee. There have been in- diately before the general election, when the
Mr. COLE. Madam Speaker, I yield 4 stances of the majority staff kicking House generally takes about a month off to
minutes to the gentleman from Illinois participants off video conferences be- go campaign. This creates an important
(Mr. RODNEY DAVIS), my good friend cause they had not RSVP’d. break between official hearings and legisla-
and the distinguished ranking member Madam Speaker, I include in the tive activity. With remote proceedings,
of the House Administration Com- there’s less reasons the majority couldn’t re-
RECORD a list of the concerns that our spond to some less than positive polling re-
mittee. ranking members have provided me on sults by marking up newly introduced legis-
Mr. RODNEY DAVIS of Illinois. the House Administration Committee. lation that could make an impact in key dis-
Madam Speaker, I rise today to speak [From Committee on House Administration tricts leading up to an election.
in opposition to the underlying legisla- Ranking Member Rodney Davis] VIRTUAL COMMITTEE PROCEEDINGS JEOPARDIZE
tion, H. Res. 965. REPUBLICAN RANKING MEMBERS EXPRESS SIG- THE INTEGRITY OF PROCEEDINGS AND RAISE
The process that led to this debate is NIFICANT CONCERNS WITH DEMOCRATS PRO- MAJOR CYBERSECURITY CONCERNS
unacceptable. After a previous failed POSAL TO ALLOW FOR VIRTUAL COMMITTEE Requiring Members to be present to vote
attempt to bring a similar rules-change PROCEEDINGS ensure Members are fully and transparently
package to the floor last month, I was VIRTUAL COMMITTEE PROCEEDINGS INHIBIT THE voting on their own volition. There is no
hopeful that the work of the bipartisan ABILITY OF MEMBERS TO FULLY PARTICIPATE question of technological/cybersecurity prob-
task force to reopen the House would Remote platforms give the majority, typi- lems interfering with Members votes and
there is no question as to whether the vote
result in a genuine willingness toward cally in the hands of a junior technical staff-
er not even co-located with the Chairman, was cast by the Member or by a third party.
bipartisan solutions. I was optimistic Remote proceedings do not guarantee the
that our Democratic majority would the ability to control who can speak or even
be heard by other participants. same level of transparency and account-
partner with us to help this body adapt ability.
Other potential inhibitors could include a
to the coronavirus pandemic. member’s lack of familiarity with the plat- EXPERIENCES OF COMMITTEES WITH UNOFFICIAL
We Republicans on that task force of- form, lack of training, inadequate resources VIRTUAL COMMITTEE MEETINGS SO FAR LEND
fered a realistic framework to make re- (i.e., hardware, software, reception and CREDENCE TO THESE CONCERNS.
sponsible, measured, and thorough re- connectivity especially in rural areas), and Over 80 percent of Committees who re-
forms to get the whole House working user errors like inadvertently pressing the sponded to a survey responded that their
again. That plan was dismissed out of mute button. committee had held unofficial committee
hand by the Democratic majority, with Virtual proceedings create an inability of meetings virtually over the past couple of
Members to be able to effectively interact months. Those meetings experienced numer-
no alternative.
and have conversations in person with each ous issues including:
It was not until Wednesday morning, other and with staff. Members won’t have People getting dropped or unable to
just two days ago, with the release of the same opportunity to interact with each unmute themselves in a timely manner.
H. Res. 965, that we saw any semblance other in real-time that they do with in per- Majority staff kicking people off if their
of a plan, and in no way was it a prod- son hearings. This puts the minority at a dis- numbers were not RSVP’d. This could be a
uct of bipartisanship or greater Mem- tinct disadvantage because the majority con- concern in the future if Members or staff call
ber input. trols the content and the schedule. Minority in from an unrecognizable or un-RSVP’d
strategy is always a last-minute engagement phone number.
The majority’s unwillingness to work Members personal information almost re-
in a collaborative way was reinforced and often is still forming as the hearing be-
gins. leased publicly due to platforms displaying
yesterday at the Rules Committee the phone numbers of people on the call.
Remote proceedings depend on the reli-
hearing when not one commonsense ability various technology elements. If any- A Member who couldn’t participate be-
amendment offered by the minority one fails, members can’t fully participate. cause of inadequate internet connection.
was accepted. Pre and post hearing engagement with wit- Unauthorized individuals accessing a meet-
Commonsense amendments like: Re- nesses, other members, staff, and press will ing.
One committee attempted to hold a round-
quiring the technology used by the be lost. A lot of work is done immediately
table and experienced such significant tech-
House to be certified by the CAO; re- before or after hearings in terms of con-
nical glitches that called into question
jected. necting with people. All of that time, con-
whether the bipartisan roundtable could
Requiring technical support during nection, relationship building will be gone.
even occur. It took some participants up to
Every Ranking Member who responded to a
virtual committee activity; rejected. recent survey expressed some level of con-
30 minutes to join the Cisco Webex video
Allowing the entire House of Rep- chat while others could join with only with
cern over their members ability to fully par-
resentatives to weigh in on the type of audio or never participate at all. Once con-
ticipate.
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remote voting this body follows; re- nected, many participants could not tell who
VIRTUAL COMMITTEE PROCEEDINGS RAISE MANY was speaking or even controlling the video
jected. PARLIAMENTARY ISSUES or microphone settings. A third-party mod-
Not only is this resolution com- Many rules aren’t self-executing, and erator was unaware until the end of the call
pletely partisan, it is being rushed to members may have limited time to raise ob- that typed questions were being submitted
the floor while there is still an unac- jections. Once the time has passed, the op- by users throughout the conference for
ceptable amount of unanswered ques- portunity is lost. speakers to answer.
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H2014 CONGRESSIONAL RECORD — HOUSE May 15, 2020
For another committee, the technical Mr. MCGOVERN. Madam Speaker, I to establish a quorum and do the busi-
issues have been so bad that Member partici- yield myself such time as I may con- ness of the American people. The Su-
pation in recent calls has steadily declined sume. preme Court has been very clear on
with less than 30 percent of the Committee’s I am disappointed with the gentle-
members participating in the most recent
this. In the Ballin decision, the Court
virtual meeting.
man’s statement. He referred to a said Members have to be present by
SAFEGUARDS MUST BE ADOPTED TO ENSURE MI-
failed attempt three weeks ago to deal stating: ‘‘All that the Constitution re-
NORITY RIGHTS AND SECURITY OF ANY OFFI-
with the issue of remote voting. There quires is the presence of a majority,
CIAL COMMITTEE PROCEEDING HELD VIR- was no failed amendment. We pulled and when that majority are present the
TUALLY the bill to have discussions with Re- power of the House arises.’’
There needs to be a backup method of com- publicans about how we can move for- You have got to be there. Actually,
munication, independent of the primary ward. That is why we did that. you have got to be here. You have got
platform, so that members can contact the And then the gentleman refers to all to be here to do the business of the peo-
Chair directly in the event the platform of these amendments that were ple. You can’t phone it in. You can’t
fails. brought up in the Rules Committee,
There must be clear rules and conditions mail it in. This bill would allow one
commonsense amendments. Yeah, Member to have 10 proxies in their
developed in a bi-partisan way on control of
amendments on everything, including back pocket. Think about that. 22
audio/visual with respect to rights of minor-
ity. An independent IT operator should be abortion, immigration, airline travel. Members with 10 proxies in their back
mandatory for any remote proceedings. But the gentleman knows full well that pocket could do the business of 330 mil-
Video feeds should be equally accessible by many of the suggestions that the Re- lion people in this great country.
both parties to ensure that no one can censor publicans offered during our negotia- We all take an oath to the Constitu-
or edit official proceedings after the fact. tions we took into account and are tion. Article I, Section 4 of the Con-
Members should not be forced to partici- part of this proposal.
pate in committee activity over a tech- stitution mandates that Congress must
So I don’t know what the gentleman ‘‘assemble at least once in every year.’’
nology platform when they are capable and is talking about, but I will tell you
willing to attend in person. Committees That is when we start the session.
this: That kind of attitude, that com-
should always allow Members to participate Article I, Section 5 requires Congress
by simply showing up to a hearing room in mentary, doesn’t bode well for future
to physically congregate and vote to
one of the House Office buildings. negotiations.
Madam Speaker, I yield 1 minute to change where it is going to sit; frankly,
All other House Rules should remain in ef-
the gentleman from California (Mr. what is happening today.
fect. If committees are unable to guarantee
procedural safeguards in the rules, they SHERMAN). Section 5 also requires a recorded
should not be permitted to use technology to Mr. SHERMAN. Madam Speaker, in vote on any question at the desire of
deny Members procedural protections. all of our bills, virtually all the money one-fifth present.
Technology should permit staff work. Com-
goes to bandage the economic wounds. Article I, Section 6 mandates and
mittee staff engage in a lot of real-time protects Members from arrest during
work during hearings and markups. The We need a greater focus on beating the
disease. Workers need paid sick days so travel to and from their attendance at
technology should facilitate some ability for a session of their respective House.
committee staff to continue to assist Mem- they will stay home if they are sick,
bers in ‘‘real-time.’’ even if they work for an employer with You would think if you could mail in
There needs to be additional information under 50 or over 500 employees. your vote, the Constitution wouldn’t
on the security of the platform to be used The Defense Production Act needs to protect you on traveling to the vote.
and assurances that each Member has the be amended so it can provide for the li- All of these provisions envision Mem-
connectivity needed to support the meetings. bers physically traveling and being
censing of new technology, and inven-
Mr. RODNEY DAVIS of Illinois. tors need to be well compensated if present at the seat of the Federal Gov-
Madam Speaker, Members’ personal in- they invent something useful to attack ernment.
formation on these roundtables has al- the COVID virus. As Mrs. LESKO said earlier, farmers
ready been viewed publicly; Members We have provided money for testing, are planting crops, truckers are mov-
being dropped from platforms because but only one-quarter of 1 percent of the ing goods, grocers are stocking shelves,
of poor connections; Members being un- money we provide in this bill or prior frontline healthcare workers haven’t
able to participate in web-based events bills has gone for therapeutics, prophy- missed a day. They can’t phone it in.
due to poor internet connections in laxes, and vaccines. They can’t mail it in. They can’t proxy
rural areas. And the list goes on. The clinical medical researchers of their work in. They have to be there
I mention these examples not to say this country are sitting at home, be- and do it, and we should do the same.
that all virtual proceedings cannot or cause virtually all non-COVID medical The example this sends, the prece-
should not be authorized, but I share research has been suspended. Let’s put dent this sets, is so darn wrong. And I
these issues as further proof that the them to work. Let’s learn more of the encourage a ‘‘no’’ vote on H. Res. 965.
‘‘crawl, walk, run’’ approach is nec- basic facts of COVID, and let’s test Mr. MCGOVERN. Madam Speaker, I
essary to make sure that virtual pro- every reasonable combination of ge- yield 1 minute to the gentleman from
ceedings are done successfully. neric compounds at every stage of the New Hampshire (Mr. PAPPAS).
In closing, I would like to reiterate disease. b 0945
what I shared at the Rules Committee Yes, for a while, we can bind our eco-
hearing yesterday. I want to encourage nomic wounds, but ultimately, we need Mr. PAPPAS. Madam Speaker, I rise
all of us to take a step back. I want to to beat the disease. in support of the HEROES Act today
make sure that we don’t have a prece- Mr. COLE. Madam Speaker, I yield 3 because our frontline workers, first re-
dent set that will create a brand-new minutes to the gentleman from Ohio sponders, and community members are
process. (Mr. JORDAN), my good friend and rank- rising to the occasion, and so must
We are not here simply debating an ing member of the Judiciary Com- Congress.
outdated rule, Madam Speaker. We are mittee. We know we are living through an
here debating what kind of institution Mr. JORDAN. Madam Speaker, three unprecedented crisis. If we fail to re-
we want the people’s House to be and weeks ago, the Attorney General of the double our efforts, the public health
the example that we want to set for the United States said this: ‘‘The Constitu- threat will grow, more jobs will be per-
American people and the rest of the tion is not suspended during a crisis.’’ manently lost, additional small busi-
world. Amen to that. nesses will throw in the towel, and cit-
If we vote to adopt H. Res. 965, we are And guess who agreed with him, or at ies and towns will go bust.
setting a new precedent that will for- least used to agree with him? Last The conversations I have every day
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ever change the processes that are used month, April 9, the Speaker of the with mayors, hospital officials, small
in the House of Representatives. It House said: ‘‘There is a constitutional business owners, and essential workers
opens a Pandora’s box, and it provides requirement that we vote in person.’’ underscore why bold action is imme-
constitutional risks. And in times of But, oh, how that has changed. diately needed. I fought for a number
crisis, Americans should trust their Today we are, in fact, suspending the of provisions in this bill that are im-
leaders. Vote ‘‘no’’ on H. Res. 965. Constitution. We are allowing proxies portant to my constituents, including
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2015
aid to local government to sustain es- have met every criterion. I am about to Members of Congress should not be
sential services; free coronavirus test- lose everything. Please help me.’’ on the sidelines. We can and should get
ing, treatment, and vaccines for low-in- They write: ‘‘I am homeless. I was back to official business, especially
come individuals; expanded tax credits just laid off because the schools are committee work. Hearings and mark-
for small businesses to keep workers on closing. I have my granddaughter with ups are a critical function of the peo-
the job; and giving our veterans a re- me. I need help.’’ ple’s House.
prieve from VA debt collection. And they write: ‘‘I am literally on Without passing ill-conceived legisla-
No bill is perfect, but with bipartisan my last $100 for food and have already tion that jeopardizes our democratic
cooperation in the coming days, we can maxed out my credit cards. Please institution, the House proved 2 weeks
deliver meaningful results. We can help. Please help. Please help.’’ ago, and again today, that we can con-
meet this moment responsibly, ensure Americans are afraid not just of how duct business while following health
our communities are equipped to over- they are going to make ends meet but guidelines. There is no reason congres-
come this virus, and allow our econ- whether they are going to make it sional committees can’t do the same.
omy to safely get back on its feet. through this pandemic at all. Sadly, the Democrats are using this
Mr. COLE. Madam Speaker, I yield Yet, this White House remains ut- pandemic to justify gutting the Con-
myself such time as I may consume. terly disconnected from reality, mov- stitution and our practices, and it is
Madam Speaker, if we defeat the pre- ing at every opportunity to reject disgraceful.
vious question, I will offer an amend- science, sideline medical experts, and Mr. MCGOVERN. Madam Speaker, I
ment to the rule to change to two- pat themselves on the back for a job yield 3 minutes to the gentleman from
thirds the threshold required to pass H. well done, even as the COVID–19 pan- Colorado (Mr. PERLMUTTER), a distin-
Res. 965, the resolution changing the demic tears our communities apart. guished member of the Rules Com-
rules of the House to adopt a proxy This week, President Trump said mittee.
voting procedure on the floor and to that ‘‘we have prevailed,’’ that ‘‘we are Mr. PERLMUTTER. Madam Speaker,
allow remote proceedings. going to have one of the best years we it is good to see a Coloradan in the
Madam Speaker, changing the rule have ever had,’’ that we are beginning chair. I rise today in support of the
does require a two-thirds vote, and to ‘‘transition to greatness.’’ The rule, the HEROES Act, and H. Res. 965.
that is what we are doing in this rule. President of the United States refers to Madam Speaker, I want to start by
Madam Speaker, the rules change thanking Chairman MCGOVERN for his
over 80,000 dead Americans as a ‘‘tran-
that H. Res. 965 contemplates has sim- leadership and his vision through this
sition to greatness’’? I wish I could say
ply never been utilized in the House of Congress and especially these last dif-
that I was shocked, but I am not.
Representatives. We are quite literally What we continue to witness is a ca- ficult months.
setting a new precedent that will guide tastrophe. Calling it anything less does COVID–19 has affected every corner
us into the future. Any change of this a great disservice to the millions of of our country and the world. The im-
magnitude should only pass the House Americans who are affected by this ill- pact of the virus and the blow to our
with bipartisan consensus, and a two- ness. economy is massive, and Congress
thirds threshold is appropriate to dem- If there is to be any silver lining in must act with force and speed.
onstrate whether or not such a drastic these trying days, at this exact mo- While some of my colleagues may
change and new precedent actually ment, these public servants are work- argue that we are spending too much
meets this test. ing around the clock to protect us. money, these packages are a fraction of
Madam Speaker, I ask unanimous the losses we have suffered in this
Madam Speaker, I say to my con-
consent to insert the text of my country and around the world. I am
stituents: We see you.
amendment in the RECORD, along with Mr. COLE. Madam Speaker, I yield proud the HEROES Act includes a pro-
the extraneous material, immediately myself such time as I may consume. vision I introduced with Representa-
prior to the vote on the previous ques- Just briefly, I want to thank my good tive JOE MORELLE to provide $500 bil-
tion. friend, the distinguished gentleman lion for States to help them to respond
The SPEAKER pro tempore. Is there
from Florida, for being here. We all to the crisis and to avoid harmful cuts
objection to the request of the gen-
know he is fighting bravely a very to law enforcement, firefighters, teach-
tleman from Oklahoma?
There was no objection. deadly disease, and it says a lot about ers, healthcare, and others at a time
Mr. COLE. Madam Speaker, I urge a his personal courage and his commit- when we can least afford it.
‘‘no’’ vote on the previous question, ment to service that he is here today. The HEROES Act also includes a $375
and I reserve the balance of my time. Madam Speaker, it is good to have him billion provision from fellow Coloradan
Mr. MCGOVERN. Madam Speaker, let on the floor of the House. JOE NEGUSE for local, county, and mu-
me clarify for the Record that it only Madam Speaker, I yield such time as nicipal governments so they can main-
takes a majority to change the rules. she may consume to the gentlewoman tain critical services.
Democrats have changed the rules with from North Carolina (Ms. FOXX), the Another provision that I worked on is
a majority. The Republicans have ranking member of the Education and the inclusion of the bipartisan SAFE
changed the rules with a simple major- Labor Committee. Banking Act to provide legitimate can-
ity, not two-thirds. Ms. FOXX of North Carolina. Madam nabis businesses that are legal under
Madam Speaker, I yield 2 minutes to Speaker, I thank my colleague from State laws access to the banking sys-
the distinguished gentleman from Flor- Oklahoma for yielding. tem. The bill passed this body last fall
ida (Mr. HASTINGS), an effective and Today is a dark day in the history of with 321 votes, including 91 Repub-
distinguished Member of this House our country, and for that, I rise in op- licans. Cannabis businesses across the
and the Rules Committee. position to H. Res. 965, partisan legisla- country have been deemed as essential
Mr. HASTINGS. Madam Speaker, we tion that would upend more than 200 during this pandemic, and these busi-
convene today to pass a desperately years of precedent and jeopardize the nesses and their estimated 243,000 em-
needed relief package that will provide deliberative process of the House of ployees deserve equity with other legal
nearly $3 trillion in economic relief to Representatives. businesses.
frontline workers and families. I am States have started reopening busi- The SAFE Banking Act would also
proud to speak in favor of the rule and nesses, schools, and local economies. address the increased health risk of
in strong support of the underlying leg- Congress should be following suit. Yet, spreading COVID–19 on banknotes and
islation, the HEROES Act. this is the first time the House has coins, as well as the increased public
Like many of you, I continue to re- come to semiregular order in over 2 safety risk associated with this cash-
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ceive emails, letters, and phone calls weeks. only industry. At a critical time, SAFE
from constituents bearing the brunt of Speaker PELOSI and House Democrats Banking will help protect jobs and en-
this administration’s disorganized re- are holding the people’s House hostage. courage lending in our communities.
sponse to the COVID–19 pandemic. They would rather erect and prolong a Madam Speaker, I urge all of my col-
My constituents write: ‘‘I have been partisan blockade instead of doing the leagues to support the HEROES Act,
denied unemployment even though I people’s business in the open. and I also encourage them to vote for
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H2016 CONGRESSIONAL RECORD — HOUSE May 15, 2020
H. Res. 965. We had a spirited debate on I listened to my chairman, for whom There are times and places to have
this yesterday in the Rules Committee, I have great respect. Candidly, with the partisan debates, Madam Speaker.
and the fact is that we cannot let Con- small nature of the Rules Committee, Today is not one of them, and I reject
gress come to a grinding halt, which is we are able to develop relationships the path that we are on.
what I think some of my Republican that the entire institution is not able The SPEAKER pro tempore. The
colleagues would like to have us do. I to develop. I wish everybody on the time of the gentleman has expired.
believe it is legislative malpractice if House floor knew the gentleman from b 1000
we don’t allow for remote voting dur- Massachusetts as I believe I know the
Mr. COLE. Madam Speaker, I yield
ing this pandemic. gentleman from Massachusetts. When
Mr. MCGOVERN has acknowledged the gentleman an additional 1 minute.
he talks about fighting hunger, when Mr. WOODALL. Madam Speaker, we
this is a first step, and I hope we con- he talks about us doing better, he is have an opportunity, and not an oppor-
tinue discussions and eventually work absolutely right and absolutely sin- tunity that is an untread path as the
on a permanent change to the House cere. When he talks about people suf- path we are on today. We have a well-
rules to ensure Congress operates with fering, when he talks about people in tread path.
speed through future emergencies. desperate need, he is absolutely right I will remind my colleagues, as we
Mr. COLE. Madam Speaker, I yield 5 and absolutely sincere. fight amongst ourselves on this legisla-
minutes to the distinguished gen- When my friend from Florida, Ms. tion, we have been to this floor already
tleman from Georgia (Mr. WOODALL), a SHALALA, said that she doesn’t get on COVID-related measures in a bipar-
member of the Rules Committee. calls in her office but that she gets tisan, partnership-negotiated way. Not
Mr. WOODALL. Madam Speaker, I cries from desperate people for help, I once, not twice, three times we have
thank the gentleman from Oklahoma know that feeling because my office gone down that path.
(Mr. COLE) for yielding. gets the same ones. For folks who are watching the de-
These are strange times. I saw my But that is not everything that is in bate today, Madam Speaker, I hope
friend ALCEE HASTINGS on the floor. I this bill. This bill isn’t all testing. This they don’t take away that we are di-
wanted to sit down beside him and bill isn’t all hunger. vided when it comes to supporting our
whisper in his ear like we would have I offered an amendment yesterday in constituency. I hope they don’t take
done when we gathered last year. I the Rules Committee that said: You away that we are divided when it
wanted to grab his hand and tell him I know what? We are going to perpetuate comes to standing united on behalf of
have been praying for him. Now, he is the myth that we disagree on every- those families that cannot stand for
gone, back off the House floor and back thing in this institution. In a partisan themselves in this tough time. And I
into social distancing. way, let’s divide this 1,800-page bill up. hope, for my colleagues who feel like
No one denies that these are unusual Let’s divide it up into sections, and they need to push a messaging bill
times, even dire times, that require a let’s support those things that we can through no matter what, that they re-
substantial response. In many ways, support and oppose those things that member those times just a few short
what we are doing here today isn’t un- we oppose. Let’s support hunger pre- weeks ago where we came together,
usual. We have a majority in the U.S. vention and remediation. Let’s support where we stood together, largest
House of Representatives that will, in food for children. Let’s support testing change in American history, largest
fact, jam through, on an almost party- for first responders. Let’s do those bill, not one Republican amendment.
line vote, its agenda. That is not un- things. Mr. MCGOVERN. Madam Speaker, I
usual. Madam Speaker, this bill also repeals yield 1 minute to the gentleman from
We have a majority in the House that the SALT tax. It reinstitutes the SALT Vermont (Mr. WELCH).
is going to implement its ideas for tax deduction. This is not an idea that Mr. WELCH. Madam Speaker, on
rules changes in the House, even with- has come about in an emergency. This March 1, Vermont had the lowest un-
out a minority amendment. That is not is something we have been arguing employment rate in its history. Today,
altogether unusual. But I have listened about since 2017. This is something the it has the highest unemployment rate
to colleague after colleague come to Ways and Means Committee acted on in its history. About one-third of
the House floor and talk about the un- in an almost purely partisan way in Vermonters who would like a job can’t
usual times that, I would argue, re- December. This is something the House find a job.
quire an unusual response. acted on in a purely partisan way in The Federal Government is the only
I feel a little empty today in what I December, long before we were talking entity that has the fiscal flexibility
usually enjoy as a Rules Committee de- about COVID. and the fiscal capacity to meet that
bate. I know how the Rules Committee This is a provision where 80 percent need. We have to act. This legislation
goes, Madam Speaker. There are nine of Americans, the bottom 80 percent of would provide Vermont with over $2
members of the majority and four all income-earning households, receive billion for State and local budgets. Ab-
members of the minority. The majority 4 cents out of every dollar of this provi- sent that, the pain is going to be
wins every vote, and not by a little, by sion, 4 cents to the bottom 80 percent pressed, pressed, pressed down into our
a lot. of Americans. The top 5 percent of firefighters, our teachers, and our kids.
Your job, as a minority member on Americans, the top 5 percent of income It has reforms to the Paycheck Pro-
the Rules Committee, is to lose. You go earners, receive 80 cents out of every tection Program so our restaurants
up there, and you lose every day. That dollar. and our small businesses have a chance
is often the way the House is when we It is not an emergency. It is not to make use of that, something both
are trying to put together a House po- COVID-related. It is not going to the sides want to happen.
sition that is going to go into negotia- neediest of these. It is not a million- It has $75 billion for testing, which is
tion. dollar provision. It is not a billion-dol- the path to getting on top of this virus.
But I have heard the sense of urgency lar provision. It is not a $10 billion pro- It provides funds to try to stabilize
that I know each of my colleagues on vision. It is a $200 billion provision our institutions of higher education
both sides of the aisle believes, and our tucked into this borrow-and-spend bill. that we must have on the other side of
sense of urgency today doesn’t allow us Madam Speaker, we don’t disagree on this virus.
time to push a messaging bill across serving those who need to be served. There are differences, and we don’t
the floor. We don’t disagree on medical research. have the luxury of time for the full de-
Madam Speaker, this is the single We don’t disagree on education. But we bate all of us would prefer, but we must
largest borrow-and-spend bill the coun- do have disagreements. act, and we must act now. If we make
try has ever seen, and it included not An 1,800-page bill, and I offered an a mistake in how we proceed—and mis-
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one Republican amendment—not one. amendment to say let’s divide it up takes will be made—it should be on the
The single largest rules change the into sections so we can support what side of erring to do too much, not too
House of Representatives has seen in we can support in a bipartisan way and little.
any of our lifetimes, and the under- push through in a partisan way the Mr. COLE. Madam Speaker, may I in-
lying rules change includes not one Re- things that we can’t support. It was de- quire as to how much time is remain-
publican amendment—not one. nied. ing.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2017
The SPEAKER pro tempore. The gen- The U.S. Government, under our Con- the change in House rules that is being
tleman from Oklahoma has 3 minutes stitution, should be coordinating the proposed today, and I oppose the mas-
remaining. The gentleman from Massa- national effort, not pilfering supplies sive and unwarranted 1,800-page, $3
chusetts has 9 minutes remaining. from the States, much less pitting the trillion Democratic wish list that the
Mr. COLE. Madam Speaker, I reserve States against each other in a brutal majority is proposing as well.
the balance of my time. competition. The rules changes that this resolu-
Mr. MCGOVERN. Madam Speaker, I The HEROES Act takes us in the tion proposes will fundamentally
yield 30 seconds to the gentlewoman right direction by putting billions of change the nature of the institution. I
from Illinois (Ms. UNDERWOOD). dollars into the testing the population know that is not the intent of my
Ms. UNDERWOOD. Madam Speaker, I needs. A majority of the cases of infec- friends, but I think that is the impact
thank the gentleman for yielding. tious transmission comes now from of the rule.
I rise in support of the HEROES Act, people who are asymptomatic or pre- I am deeply concerned with how
which meets urgent needs we are facing symptomatic. these changes will actually work in
in northern Illinois. This legislation in- The only way to deal with the disease place, and I am concerned that we are
vests in the testing, tracing, and treat- and to put the coronavirus on the run doing so without regard to the fact
ment we need to safely reopen our com- is to do mass testing, diligent contact that a change like this is likely to lead
munities. It supports the essential tracing; and we have got lots of people to litigation and may place in jeopardy
workers whose sacrifices and dedica- who can do it, because more than 35 legislation that we pass in a bipartisan
tion are keeping us safe and provides million Americans have been thrown manner.
direct funding that will make a critical out of work in this process. After reaching a bipartisan agree-
difference for smaller communities. I Let’s put millions of people to work ment on $2.5 trillion in spending over
am so proud it also includes my bill to being contact tracers. Let’s unify as a the last 6 weeks, the majority is now
eliminate out-of-pocket costs for vet- country. Let’s show that America has seeking to spend $3 trillion more, re-
erans and to help survivors of domestic the capacity and the strength to oper- gardless of the actual needs of the Na-
violence. ate under our system of federalism to tion and, frankly, without any input
This bill is not perfect. We have more put money into the States and the from the Republican side of the aisle.
work to do, such as ensuring affordable counties and the cities to work to- My friends talk about the urgency of
healthcare coverage for the tens of mil- gether to stop the disease and to win the moment. I agree. This is an urgent
lions of Americans who find it too ex- this major public health battle. moment. But I also agree that we are
pensive. But the HEROES Act will pro- The HEROES Act is the way to go. going to have to work in a bipartisan
vide relief to all of our communities, Mr. COLE. Madam Speaker, I reserve fashion to actually pass something. So
and we must pass it today. the balance of my time. if this makes my friends feel better,
Mr. COLE. Madam Speaker, I reserve Mr. MCGOVERN. Madam Speaker, I that is fine; and if the intent is to set
the balance of my time. yield 1 minute to the gentlewoman out a negotiating position, I guess that
Mr. MCGOVERN. Madam Speaker, I from Ohio (Mrs. BEATTY). is legitimate; but if you think this is
yield 3 minutes to the gentleman from Mrs. BEATTY. Madam Speaker, I going to end up as law, you are sadly
Maryland (Mr. RASKIN), a distinguished thank the gentleman for yielding. mistaken. The Senate has already said
member of the Rules Committee. I rise for this big and bold For the it will not take up the bill. The Presi-
Mr. RASKIN. Madam Speaker, I People legislation. dent has already said that, if it reaches
thank the gentleman for yielding. We have been called back again into his desk, he would veto it.
I want to start by saluting Chairman this great Chamber because we can’t So let’s do what we have done four
MCGOVERN, who has done such a sensa- quit living, because the world placed us times in a row: Sit down; work to-
tional job under adverse circumstances here in unprecedented times, not in gether; craft a bipartisan bill. We have
bringing us a new rule so that we can control of this virus and events hap- proven we can do it, and we can do it
maintain the continuity of the U.S. pening to us, but to bring bold and big again.
Congress. legislation for the people to speak to I am just mystified why my friends
We are bringing a rule forward today the human conditions by creating a he- have felt the need to inject a clearly
to allow for a very narrow exception to roes fund to give frontline workers the partisan bill and think this is going to
allow for proxy voting in the hazard pay they deserve, to make sig- move us down the road in the right di-
coronavirus emergency, when Members nificant investments in State and local rection. It is not. They are going to ce-
cannot get back to Washington, so we governments, direct payments to fami- ment a lot of Members in on both sides
can continue the absolutely vital and lies, fair elections, housing, testing, of the aisle to positions that will make
central work of Congress. contact tracing, and other priorities I it more difficult to reach a common
That work continues today with the proudly support. agreement when that is the appro-
HEROES Act, which will put trillions The bill also includes language that I priate thing to do.
of dollars into the heroes of America: have championed to put a moratorium This really is an exercise in legisla-
the firefighters and the cops, the teach- on consumer debt collection, to open tive futility. H.R. 6800 will never be-
ers, the frontline health workers, the up forgivable loans to more nonprofits, come law. Democrats know that, and
emergency responders, the people who ban the box for small business loans, they are not going to be able to jam it
actually make America run. That is and to make sure that the smallest through.
what the HEROES Act is all about. businesses can get a PPP loan, only to So they can come down here and talk
We hear a lot in Congress about how name a few. about it as much as they want, and
much people love the States and the I challenge my colleagues to join us there are certainly some parts of it I
cities and the towns. Now is the chance and vote for this big and bold bill. could support, but as a package, it is
to show it. Let’s put our money where Americans deserve every penny of it. going nowhere, and it is not moving us
our mouth is and support Americans Mr. MCGOVERN. Madam Speaker, I toward a solution.
who are struggling with this crisis am waiting for one other speaker, but I implore my colleagues to return to
brought by the coronavirus and the I don’t think he has arrived, so I am what they have done in the previous
mismanagement of the disease from prepared to close. four bills where we worked together,
the very beginning, the mismanage- Mr. COLE. Madam Speaker, I yield brought a product that was bipartisan
ment of our efforts to fight it. myself the balance of my time. to the floor, and passed it overwhelm-
America, as Dr. Bright said yester- I thank my good friend from Massa- ingly with almost no dissent. That was
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day, does not have a plan. We need chusetts for a spirited debate. We cer- the formula for success. The formula
massive testing. We need vigilant con- tainly had one yesterday, and we had they are pursuing now will not succeed.
tact tracing. We need coordination of one again today, and I know we will They know it will not succeed.
logistics rather than pitting the States have one in a few minutes. I have never been convinced as to
against each other in a ruthless com- In closing, Madam Speaker, I urge why deliberately launching out some-
petition for PPEs and for ventilators. opposition to the rule. I oppose both thing you know won’t pass is useful.
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H2018 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
Both sides do it, by the way, from time two-thirds of the Members present and vot- Underwood Visclosky Welch
ing, a quorum being present, shall be re- Vargas Wasserman Wexton
to time. We have certainly done it, so Veasey Schultz Wild
I don’t want to suggest this is strictly quired on adoption of House Resolution 965.
Vela Waters Yarmuth
a partisan exercise. b 1015 Velázquez Watson Coleman
This bill will not succeed. I urge re- NAYS—182
jection of the rule. Mr. MCGOVERN. Madam Speaker, I
yield back the balance of my time, and Abraham Gohmert Olson
Madam Speaker, I yield back the bal- Aderholt Gonzalez (OH) Palazzo
ance of my time. I move the previous question on the Allen Gooden Palmer
Mr. MCGOVERN. Madam Speaker, I resolution. Amash Gosar Pence
The SPEAKER pro tempore. The Amodei Graves (GA) Perry
yield myself the balance of my time. Armstrong Graves (LA)
question is on ordering the previous Posey
Madam Speaker, let me begin by Arrington Graves (MO) Reed
again thanking my colleague from question. Babin Green (TN) Reschenthaler
Oklahoma (Mr. COLE) for the tone he The question was taken; and the Bacon Griffith Rice (SC)
Speaker pro tempore announced that Baird Grothman Riggleman
set in the Rules Committee debate yes- Balderson Guest
the ayes appeared to have it. Roby
terday and for his friendship and for al- Banks Guthrie Rodgers (WA)
ways trying to be constructive. Mr. COLE. Madam Speaker, on that I Barr Hagedorn Roe, David P.
Madam Speaker, I began this debate demand the yeas and nays. Bergman Harris Rogers (AL)
Biggs Hartzler
by speaking about the challenge we The yeas and nays were ordered. Bilirakis Hern, Kevin
Rogers (KY)
Rose, John W.
face today. And make no mistake, the The vote was taken by electronic de- Bishop (NC) Herrera Beutler Rouzer
list is long, but I have no doubt the vice, and there were—yeas 219, nays Bishop (UT) Hice (GA) Roy
American people can rise to these chal- 182, not voting 29, as follows: Bost Higgins (LA) Rutherford
Brady Hill (AR)
lenges. They are resilient and have [Roll No. 105] Scalise
Brooks (AL) Holding
Schweikert
shown again and again a perseverance YEAS—219 Brooks (IN) Hudson
Scott, Austin
that is no match for even a global pan- Buchanan Huizenga
Adams Foster Moulton Sensenbrenner
Buck Hurd (TX)
demic. Aguilar Frankel Mucarsel-Powell Bucshon Johnson (LA)
Simpson
The question, quite frankly, is Allred Fudge Murphy (FL) Budd Johnson (OH)
Smith (MO)
Axne Gabbard Nadler Smith (NE)
whether our elected officials are up to Burchett Johnson (SD)
Smith (NJ)
Barragán Gallego Neal Burgess Jordan
these challenges; whether we are will- Bass Garamendi Neguse Smucker
Byrne Joyce (OH)
ing to rise above knee-jerk partisan- Beatty Garcı́a (IL) Norcross Calvert Joyce (PA)
Spano
ship of the moment and put what is Bera Garcia (TX) O’Halleran Carter (GA) Katko Stefanik
Beyer Golden Ocasio-Cortez Steil
best for our country and this institu- Bishop (GA) Gomez Omar
Chabot Keller
Steube
tion first ahead of the next great sound Cheney Kelly (MS)
Blumenauer Gottheimer Pallone Cline Kelly (PA) Stewart
bite and before the next election. Blunt Rochester Green, Al (TX) Panetta Cloud King (IA) Stivers
In all my time here, I have seen us do Bonamici Grijalva Pappas Cole King (NY) Taylor
Boyle, Brendan Haaland Pascrell Thompson (PA)
that again and again, whether we face F. Harder (CA) Payne
Collins (GA) Kinzinger
Thornberry
Comer Kustoff (TN)
war or terrorism or natural disaster. I Brindisi Hastings Pelosi Conaway LaHood Timmons
was proud of the way we came together Brown (MD) Hayes Perlmutter Cook LaMalfa Tipton
on prior coronavirus bills, too. Brownley (CA) Heck Peters Crawford Lamborn Turner
Bustos Higgins (NY) Peterson Upton
But I worry that something is chang- Butterfield Himes Phillips
Crenshaw Latta
Van Drew
Curtis Lesko
ing on the other side. It is deeply con- Carbajal Horn, Kendra S. Pingree Davidson (OH) Long Wagner
cerning to see the President throw up Cárdenas Horsford Pocan Davis, Rodney Loudermilk Walberg
his hands and essentially say, Carson (IN) Houlahan Porter Diaz-Balart Luetkemeyer Walden
Cartwright Hoyer Pressley Duncan Massie Walker
‘‘Enough.’’ He has declared victory on Case Jackson Lee Price (NC) Waltz
Dunn Mast
testing, despite it being out of reach Casten (IL) Jayapal Quigley Emmer McCarthy Watkins
for most Americans. Castor (FL) Jeffries Raskin Estes McCaul Weber (TX)
The Senate majority leader has es- Castro (TX) Johnson (GA) Rice (NY) Ferguson McClintock Webster (FL)
Chu, Judy Kaptur Richmond Fitzpatrick McKinley Wenstrup
sentially said he is hitting pause on Cicilline Keating Rose (NY) Westerman
Fleischmann Meuser
doing anything else related to this pan- Cisneros Kelly (IL) Rouda Flores Miller Williams
demic for the time being. Clark (MA) Kennedy Ruiz Fortenberry Moolenaar Wilson (SC)
Clarke (NY) Khanna Ruppersberger
And there are some on the other side Clay Kildee Rush
Foxx (NC) Mooney (WV) Wittman
Fulcher Mullin Womack
of this Chamber who want to conduct Cleaver Kilmer Ryan Woodall
Gaetz Murphy (NC)
business as usual around here as if Clyburn Kim Sánchez Gallagher Newhouse Yoho
nothing has changed. We hear it today Cohen Kind Sarbanes Gianforte Norman Young
Connolly Krishnamoorthi Scanlon Gibbs Nunes Zeldin
on the floor. Some Members get up and Cooper Kuster (NH) Schakowsky
downplay this pandemic like it is no Correa Lamb Schiff NOT VOTING—29
big deal. It is like we are living in ‘‘The Costa Langevin Schneider Carter (TX) Lieu, Ted Ratcliffe
Courtney Larsen (WA) Schrader
Twilight Zone.’’ Cox (CA) Larson (CT) Schrier
DeSaulnier Lipinski Rooney (FL)
We are at the start of this pandemic, DesJarlais Lofgren Roybal-Allard
Craig Lawrence Scott (VA) Gonzalez (TX) Lowey
Madam Speaker, not the end, and if we Serrano
Crist Lawson (FL) Scott, David Granger Lucas
Crow Lee (CA) Sewell (AL) Shimkus
run into our respective partisan cor- Hollingsworth Marchant Stauber
Cuellar Lee (NV) Shalala
ners now, what example are we setting? Cunningham Levin (CA) Sherman
Huffman Marshall Walorski
Things could get worse in the fall, and Johnson (TX) McHenry Wilson (FL)
Davids (KS) Levin (MI) Sherrill Kirkpatrick Mitchell
what then? Davis (CA) Loebsack Sires Wright
Lewis Napolitano
Madam Speaker, we need to act, and Davis, Danny K. Lowenthal Slotkin
we need to act boldly and immediately, Dean Luján Smith (WA) b 1121
DeFazio Luria Soto
and that includes passing this rule. It DeGette Lynch Spanberger Mr. FULCHER changed his vote from
means passing the HEROES Act, and it DeLauro Malinowski Speier ‘‘yea’’ to ‘‘nay.’’
means making these temporary DelBene Maloney, Stanton Mses. BASS, PORTER, and OCASIO-
Delgado Carolyn B. Stevens
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
changes to allow for virtual committee Demings Maloney, Sean Suozzi
CORTEZ changed their vote from
proceedings and remote floor voting Deutch Matsui Swalwell (CA) ‘‘nay’’ to ‘‘yea.’’
during this pandemic. This is what the Dingell McAdams Takano So the previous question was ordered.
moment requires. Doggett McBath Thompson (CA) The result of the vote was announced
Doyle, Michael McCollum Thompson (MS)
The material previously referred to F. McEachin Titus
as above recorded.
by Mr. COLE is as follows: Engel McGovern Tlaib Stated for:
AMENDMENT TO HOUSE RESOLUTION 967 Escobar McNerney Tonko Mrs. NAPOLITANO. Madam Speaker, I was
At the end of the resolution, add the fol-
Eshoo Meeks Torres (CA) absent during roll call vote No. 105. Had I
Espaillat Meng Torres Small been present, I would have voted ‘‘yea’’ on
lowing: Evans Mfume (NM)
Sec. 13. Notwithstanding any other section Finkenauer Moore Trahan Ordering the Previous Question on H. Res.
of this resolution, an affirmative vote of Fletcher Morelle Trone 965.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE CORRECTION H2019
The SPEAKER pro tempore. The Burchett Hollingsworth Rice (SC) b 1246
Burgess Hudson Riggleman
question is on the resolution. Byrne Huizenga Roby AFTER RECESS
The question was taken; and the Calvert Hurd (TX) Rodgers (WA)
Speaker pro tempore announced that Carter (GA) Jayapal Roe, David P. The recess having expired, the House
the ayes appeared to have it. Chabot Johnson (LA) Rogers (AL) was called to order by the Speaker pro
Cheney Johnson (OH) Rogers (KY) tempore (Mr. CUELLAR) at 12 o’clock
Mr. WOODALL. Madam Speaker, on Cline Johnson (SD) Rose, John W.
that I demand the yeas and nays. Cloud Jordan and 46 minutes p.m.
Rouzer
The yeas and nays were ordered. Cole Joyce (OH) Roy f
Collins (GA) Joyce (PA)
The vote was taken by electronic de- Rutherford
Comer Katko
Scalise
AUTHORIZING REMOTE VOTING BY
vice, and there were—yeas 207, nays Conaway Keller
Schweikert PROXY AND PROVIDING FOR OF-
199, not voting 24, as follows: Cook Kelly (MS)
Crawford Kelly (PA)
Scott, Austin FICIAL REMOTE COMMITTEE
[Roll No. 106] Crenshaw Khanna Sensenbrenner PROCEEDINGS DURING A PUBLIC
Simpson
YEAS—207 Curtis King (IA)
Smith (MO)
HEALTH EMERGENCY DUE TO A
Davidson (OH) King (NY) NOVEL CORONAVIRUS
Adams Gabbard Norcross Smith (NE)
Davis, Rodney Kinzinger
Aguilar Gallego O’Halleran Smith (NJ)
Allred Garamendi Pallone
Diaz-Balart Kustoff (TN) Mr. MCGOVERN. Mr. Speaker, pursu-
Duncan LaHood Smucker
Barragán Garcia (TX) Panetta Spanberger
ant to House Resolution 967, I call up
Dunn LaMalfa
Bass Golden Pappas Emmer Lamb Spano the resolution (H. Res. 965) authorizing
Beatty Gomez Pascrell
Bera Gottheimer
Estes Lamborn Stauber remote voting by proxy in the House of
Payne Ferguson Latta Stefanik
Beyer Green, Al (TX) Pelosi Representatives and providing for offi-
Finkenauer Lesko Steil
Bishop (GA) Grijalva Perlmutter Fitzpatrick Long Steube
cial remote committee proceedings
Blumenauer Haaland Peters during a public health emergency due
Fleischmann Loudermilk Stevens
Blunt Rochester Harder (CA) Peterson
Bonamici Hastings
Flores Luetkemeyer Stewart to a novel coronavirus, and for other
Phillips Fortenberry Massie
Boyle, Brendan Hayes Stivers purposes, and ask for its immediate
Pingree Foxx (NC) Mast Taylor
F. Heck Price (NC) Fulcher McCarthy consideration.
Brindisi Higgins (NY) Thompson (PA)
Brown (MD) Himes
Quigley Gaetz McCaul Thornberry The Clerk read the title of the resolu-
Raskin Gallagher McClintock
Brownley (CA) Horn, Kendra S. Rice (NY)
Timmons tion.
Garcı́a (IL) McHenry
Bustos Horsford Richmond Gianforte McKinley
Tipton The SPEAKER pro tempore. Pursu-
Butterfield Houlahan Tlaib
Rose (NY) Gibbs Meuser ant to House Resolution 967, the resolu-
Carbajal Hoyer Turner
Rouda Gohmert Miller tion is considered read.
Cárdenas Huffman Ruiz Upton
Gonzalez (OH) Moolenaar The text of the resolution is as fol-
Carson (IN) Jackson Lee Ruppersberger Van Drew
Gooden Mooney (WV)
Cartwright Jeffries Rush Gosar Mullin
Wagner lows:
Case Johnson (GA) Ryan Walberg
Graves (GA) Murphy (NC) H. RES. 965
Casten (IL) Kaptur Sánchez Walden
Graves (LA) Newhouse
Castor (FL) Keating Sarbanes Graves (MO) Norman Walker Resolved,
Castro (TX) Kelly (IL) Scanlon Waltz SECTION 1. AUTHORIZATION OF REMOTE VOTING
Green (TN) Nunes
Chu, Judy Kennedy Watkins BY PROXY DURING PUBLIC HEALTH
Schakowsky Griffith Ocasio-Cortez
Cicilline Kildee Weber (TX) EMERGENCY DUE TO NOVEL
Schiff Grothman Olson
Cisneros Kilmer Webster (FL) CORONAVIRUS.
Schneider Guest Omar
Clark (MA) Kim Wenstrup
Schrader Guthrie Palazzo (a) AUTHORIZATION.—Notwithstanding rule
Clarke (NY) Kind Westerman
Schrier Hagedorn Palmer III, at any time after the Speaker or the
Clay Krishnamoorthi Williams
Scott (VA) Harris Pence Speaker’s designee is notified by the Ser-
Cleaver Kuster (NH) Wilson (SC)
Scott, David Hartzler Perry
Clyburn Langevin
Hern, Kevin Pocan Wittman geant-at-Arms, in consultation with the At-
Sewell (AL)
Cohen Larsen (WA) Womack tending Physician, that a public health
Shalala Herrera Beutler Porter
Connolly Larson (CT) Woodall emergency due to a novel coronavirus is in
Sherman Hice (GA) Posey
Cooper Lawrence
Sherrill Higgins (LA) Pressley Yoho effect, the Speaker or the Speaker’s des-
Correa Lawson (FL) Young
Sires Hill (AR) Reed ignee, in consultation with the Minority
Costa Lee (CA)
Slotkin Holding Reschenthaler Zeldin Leader or the Minority Leader’s designee,
Courtney Lee (NV)
Cox (CA) Levin (CA) Smith (WA) NOT VOTING—24 may designate a period (hereafter in this res-
Craig Levin (MI) Soto olution referred to as a ‘‘covered period’’)
Speier Carter (TX) Lieu, Ted Ratcliffe
Crist Loebsack during which a Member who is designated by
Stanton DeSaulnier Lipinski Rooney (FL)
Crow Lowenthal another Member as a proxy in accordance
Suozzi DesJarlais Lofgren Roybal-Allard
Cuellar Lowey
Swalwell (CA) Gonzalez (TX) Lucas Serrano with section 2 may cast the vote of such
Cunningham Luján
Takano Granger Marchant Shimkus other Member or record the presence of such
Davids (KS) Luria
Thompson (CA) Johnson (TX) Marshall Walorski other Member in the House.
Davis (CA) Lynch
Thompson (MS) Kirkpatrick Mitchell Wilson (FL) (b) LENGTH OF COVERED PERIOD.—
Davis, Danny K. Malinowski
Titus Lewis Napolitano Wright
Dean Maloney, (1) IN GENERAL.—Except as provided in
Tonko
DeFazio Carolyn B.
Torres (CA)
b 1228 paragraphs (2) and (3), a covered period shall
DeGette Maloney, Sean terminate 45 days after the Speaker or the
DeLauro Matsui Torres Small Mr. GUEST changed his vote from
(NM) Speaker’s designee designates such period.
DelBene McAdams ‘‘yea’’ to ‘‘nay.’’ (2) EXTENSION.—If, during a covered period,
Delgado McBath Trahan
Trone
Mrs. DINGELL changed her vote the Speaker or the Speaker’s designee re-
Demings McCollum
Deutch McEachin Underwood from ‘‘nay’’ to ‘‘yea.’’ ceives further notification from the Ser-
Dingell McGovern Vargas So the resolution was agreed to. geant-at-Arms, in consultation with the At-
Doggett McNerney Veasey The result of the vote was announced tending Physician, that the public health
Doyle, Michael Meeks Vela as above recorded. emergency due to a novel coronavirus re-
F. Meng Velázquez
Visclosky
A motion to reconsider was laid on mains in effect, the Speaker or the Speaker’s
Engel Mfume
Escobar Moore Wasserman the table. designee, in consultation with the Minority
Eshoo Morelle Schultz Stated for: Leader or the Minority Leader’s designee,
Espaillat Moulton Waters Mrs. NAPOLITANO. Madam Speaker, I was may extend the covered period for an addi-
Evans Mucarsel-Powell Watson Coleman absent during roll call vote No. 106. Had I tional 45 days.
Fletcher Murphy (FL) Welch (3) EARLY TERMINATION.—If, during a cov-
Foster Nadler Wexton
been present, I would have voted ‘‘yea’’ on
ered period, the Speaker or the Speaker’s
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
Frankel Neal Wild Agreeing to the Resolution H. Res. 965.
designee receives further notification by the
Fudge Neguse Yarmuth f Sergeant-at-Arms, in consultation with the
NAYS—199 RECESS Attending Physician, that the public health
Abraham Bacon Bishop (UT) emergency due to a novel coronavirus is no
Aderholt Baird Bost
The SPEAKER pro tempore. Pursu- longer in effect, the Speaker or the Speak-
Allen Balderson Brady ant to clause 12(a) of rule I, the Chair er’s designee shall terminate the covered pe-
Amash Banks Brooks (AL) declares the House in recess for a pe- riod.
Amodei Barr Brooks (IN) riod of less than 15 minutes. SEC. 2. PROCESS FOR DESIGNATION OF PROXIES.
Armstrong Bergman Buchanan
Arrington Biggs Buck
Accordingly (at 12 o’clock and 31 (a) IN GENERAL.—
Axne Bilirakis Bucshon minutes p.m.), the House stood in re- (1) DESIGNATION BY SIGNED LETTER.—In
Babin Bishop (NC) Budd cess. order for a Member to designate another
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H2020 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Member as a proxy for purposes of section 1, SEC. 4. AUTHORIZING REMOTE PROCEEDINGS IN (e) TRANSPARENCY FOR MEETINGS AND
the Member shall submit to the Clerk a COMMITTEES. HEARINGS.—Any committee meeting or hear-
signed letter (which may be in electronic (a) AUTHORIZATION.—During any covered ing that is conducted remotely in accordance
form) specifying by name the Member who is period, and notwithstanding any rule of the with the regulations referred to in sub-
designated for such purposes. House or its committees— section (h)—
(2) ALTERATION OR REVOCATION OF DESIGNA- (1) any committee may conduct pro- (1) shall be considered open to the public;
TION.— ceedings remotely in accordance with this (2) shall be deemed to have satisfied the re-
(A) IN GENERAL.—At any time after submit- section, and any such proceedings conducted quirement for non-participatory attendance
ting a letter to designate a proxy under para- remotely shall be considered as official pro- under clause 2(g)(2)(C) of rule XI; and
graph (1), a Member may submit to the Clerk ceedings for all purposes in the House; (3) shall be deemed to satisfy all require-
a signed letter (which may be in electronic (2) committee members may participate ments for broadcasting and audio and visual
form) altering or revoking the designation. remotely during in-person committee pro- coverage under rule V, clause 4 of rule XI,
(B) AUTOMATIC REVOCATION UPON CASTING ceedings, and committees shall, to the great- and accompanying committee rules.
OF VOTE OR RECORDING OF PRESENCE.—If dur- est extent practicable, ensure the ability of (f) SUBPOENAS.—
ing a covered period, a Member who has des- members to participate remotely; (1) AUTHORITY.—Any committee or chair
ignated another Member as a proxy under (3) committee members may cast a vote or thereof empowered to authorize and issue
this section casts the Member’s own vote or record their presence while participating re- subpoenas may authorize and issue sub-
records the Member’s own presence in the motely; poenas for return at a hearing or deposition
House, the Member shall be considered to (4) committee members participating re- to be conducted remotely under this section.
have revoked the designation of any proxy motely pursuant to this section shall be (2) USE OF ELECTRONIC SIGNATURE AND
under this subsection with respect to such counted for the purpose of establishing a SEAL.—During any covered period, author-
covered period. quorum under the rules of the House and the ized and issued subpoenas may be signed in
(3) NOTIFICATION.—Upon receipt of a letter committee; electronic form; and the Clerk may attest
submitted by a Member pursuant to para- (5) witnesses at committee proceedings and affix the seal of the House to such sub-
graphs (1) or (2), the Clerk shall notify the may appear remotely; poenas in electronic form.
Speaker, the majority leader, the Minority (6) committee proceedings conducted re- (g) EXECUTIVE SESSIONS.—
Leader, and the other Member or Members motely are deemed to satisfy the require- (1) PROHIBITION.—A committee may not
involved of the designation, alteration, or ment of a ‘‘place’’ for purposes of clauses conduct closed or executive session pro-
revocation. 2(g)(3) and 2(m)(1) of rule XI; and ceedings remotely, and members may not
(4) LIMITATION.—A Member may not be des- (7) reports of committees (including those participate remotely in closed or executive
ignated as a proxy under this section for filed as privileged) may be delivered to the session proceedings.
more than 10 Members concurrently. Clerk in electronic form, and written and (2) MOTION TO CLOSE PROCEEDINGS.—Upon
(b) MAINTENANCE AND AVAILABILITY OF LIST signed views under clause 2(l) of rule XI may adoption of a motion to close proceedings or
OF DESIGNATIONS.—The Clerk shall maintain be filed in electronic form with the clerk of to move into executive session with respect
an updated list of the designations, alter- the committee. to a proceeding conducted remotely under
ations, and revocations submitted or in ef- (b) LIMITATION ON BUSINESS MEETINGS.—A this section, the chair shall declare the com-
fect under subsection (a), and shall make committee shall not conduct a meeting re- mittee in recess subject to the call of the
such list publicly available in electronic motely or permit remote participation at a chair with respect to such matter until it
form and available during any vote con- meeting under this section until a member of can reconvene in person.
ducted pursuant to section 3. the committee submits for printing in the (3) EXCEPTION.—Paragraphs (1) and (2) do
Congressional Record a letter from a major- not apply to proceedings of the Committee
SEC. 3. PROCESS FOR VOTING DURING COVERED
ity of the members of the committee noti- on Ethics.
PERIODS.
fying the Speaker that the requirements for (h) REGULATIONS.—This section shall be
(a) RECORDED VOTES ORDERED.— conducting a meeting in the regulations re- carried out in accordance with regulations
(1) IN GENERAL.—Notwithstanding clause 6 ferred to in subsection (h) have been met and submitted for printing in the Congressional
of rule I, during a covered period, the yeas that the committee is prepared to conduct a Record by the chair of the Committee on
and nays shall be considered as ordered on remote meeting and permit remote partici- Rules.
any vote on which a recorded vote or the pation. (i) APPLICATION TO SUBCOMMITTEES AND SE-
yeas and nays are requested, or which is ob- (c) REMOTE PROCEEDINGS.—Notwith- LECT COMMITTEES.—For purposes of this sec-
jected to under clause 6 of rule XX. standing any rule of the House or its com- tion, the term ‘‘committee’’ or ‘‘commit-
(2) INDICATIONS OF PROXY STATUS.—In the mittees, during proceedings conducted re- tees’’ also includes a subcommittee and a se-
case of a vote by electronic device, a Member motely pursuant to this section— lect committee.
who casts a vote or records a presence as a (1) remote participation shall not be con- SEC. 5. STUDY AND CERTIFICATION OF FEASI-
designated proxy for another Member under sidered absence for purposes of clause 5(c) of BILITY OF REMOTE VOTING IN
this resolution shall do so by ballot card, in- rule X or clause 2(d) of rule XI; HOUSE.
dicating on the ballot card ‘‘by proxy’’. (2) the chair may declare a recess subject (a) STUDY AND CERTIFICATION.—The chair of
(b) DETERMINATION OF QUORUM.—Any Mem- to the call of the chair at any time to ad- the Committee on House Administration, in
ber whose vote is cast or whose presence is dress technical difficulties with respect to consultation with the ranking minority
recorded by a designated proxy under this such proceedings; member, shall study the feasibility of using
resolution shall be counted for the purpose of (3) copies of motions, amendments, meas- technology to conduct remote voting in the
establishing a quorum under the rules of the ures, or other documents submitted to the House, and shall provide certification to the
House. committee in electronic form as prescribed House upon a determination that operable
(c) INSTRUCTIONS FROM MEMBER AUTHOR- by the regulations referred to in subsection and secure technology exists to conduct re-
IZING PROXY.— (h) shall satisfy any requirement for the sub- mote voting in the House.
(1) RECEIVING INSTRUCTIONS.—Prior to cast- mission of printed or written documents (b) REGULATIONS.—
ing the vote or recording the presence of an- under the rules of the House or its commit- (1) INITIAL REGULATIONS.—On any legisla-
other Member as a designated proxy under tees; tive day that follows the date on which the
this resolution, the Member shall obtain an (4) the requirement that results of recorded chair of the Committee on House Adminis-
exact instruction from the other Member votes be made available by the committee in tration provides the certification described
with respect to such vote or quorum call, in its offices pursuant to clause 2(e)(1)(B)(i) of in subsection (a), the chair of the Committee
accordance with the regulations referred to rule XI shall not apply; on Rules, in consultation with the ranking
in section 6. (5) a committee may manage the consider- minority member, shall submit regulations
(2) ANNOUNCING INSTRUCTIONS.—Imme- ation of amendments pursuant to the regula- for printing in the Congressional Record that
diately prior to casting the vote or recording tions referred to in subsection (h); provide for the implementation of remote
the presence of another Member as a des- (6) counsel shall be permitted to accom- voting in the House.
ignated proxy under this resolution, the pany witnesses at a remote proceeding in ac- (2) SUPPLEMENTAL REGULATIONS.—At any
Member shall seek recognition from the cordance with the regulations referred to in time after submitting the initial regulations
Chair to announce the intended vote or re- subsection (h); and under paragraph (1), the chair of the Com-
corded presence pursuant to the exact in- (7) an oath may be administered to a wit- mittee on Rules, in consultation with the
struction received from the other Member ness remotely for purposes of clause 2(m)(2) ranking minority member, may submit regu-
under paragraph (1). of rule XI. lations to supplement the initial regulations
dlhill on DSK120RN23PROD with HOUSE
(3) FOLLOWING INSTRUCTIONS.—A Member (d) REMOTE PARTICIPANTS DURING IN-PER- submitted under such paragraph for printing
casting the vote or recording the presence of SON PROCEEDINGS.—All relevant provisions of in the Congressional Record.
another Member as a designated proxy under this section and the regulations referred to (c) IMPLEMENTATION.—Notwithstanding
this resolution shall cast such vote or record in subsection (h) shall apply to committee any rule of the House, upon notification of
such presence pursuant to the exact instruc- members participating remotely during in- the House by the Speaker after the submis-
tion received from the other Member under person committee proceedings held during sion of regulations by the chair of the Com-
paragraph (1). any covered period. mittee on Rules under subsection (b)—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2021
(1) Members may cast their votes or record tant—not just about protecting Mem- stitutional experts, and conversations
their presence in the House remotely during bers of Congress. This is about pro- among a bipartisan task force. This
a covered period; tecting all of those who come in con- resolution has been strengthened by
(2) any Member whose vote is cast or whose
tact with us. this deliberative process, and it con-
presence is recorded remotely under this sec-
tion shall be counted for the purpose of es- Now, any of us could have the virus tains many provisions suggested by my
tablishing a quorum under the rules of the and not even know it. We could be Republican friends. It is now time to
House; and asymptomatic but be carriers nonethe- act.
(3) the casting of votes and the recording of less. Convening Congress must not turn Now, some communities have turned
presence remotely under this section shall be into a superspreader event. the corner with this virus, and I hope
subject to the applicable regulations sub- Technology has changed considerably that continues. Medical experts tell us,
mitted by the chair of the Committee on over the last 231 years. There are now however, that a second wave this fall
Rules under subsection (b). tools available that make temporary could be even more damaging than
SEC. 6. REGULATIONS.
committee proceedings and remote what we are seeing now. So as we hope
To the greatest extent practicable, sec-
tions 1, 2, and 3 of this resolution shall be voting on the House floor possible—not for the best, we must prepare for the
carried out in accordance with regulations forever, just temporarily during this worst. Anything less would be a dere-
submitted for printing in the Congressional emergency. liction of our responsibility.
Record by the chair of the Committee on Now, some on the other side seem to Mr. Speaker, I urge all of my col-
Rules. think that temporarily embracing leagues to join with us in supporting
The SPEAKER pro tempore. The res- technology during this pandemic is a this resolution. Let’s adapt the way
olution shall be debatable for 1 hour, radical idea. this institution has always done. And
equally divided and controlled by the Well, let me say this loud and clear let’s make sure that we can continue
chair and ranking minority member of to my colleagues, Mr. Speaker: If any- legislating during this pandemic, no
the Committee on Rules. one tells you you would be giving away matter what the future may bring.
The gentleman from Massachusetts your vote with remote voting by proxy, Mr. Speaker, I reserve the balance of
(Mr. MCGOVERN) and the gentleman this is just a lie. Plain and simple, it is my time.
from Oklahoma (Mr. COLE) each will just not true. Mr. COLE. Mr. Speaker, I yield my-
control 30 minutes. What would be radical is if this self such time as I may consume.
The Chair recognizes the gentleman House did nothing, if we made Members Mr. Speaker, we have worked long
from Massachusetts. decide between spreading a deadly and hard together and tried to do so co-
GENERAL LEAVE virus or legislating for the American operatively. As my friend said, there
Mr. MCGOVERN. Mr. Speaker, I ask people. That is a false choice. We can are a number of things in here we have
unanimous consent that all Members and we should do both. worked on together but, in the end, we
be given 5 legislative days to revise and At least 16 States, 10 countries, and were unable to reach an agreement.
extend their remarks. the European Parliament have all im- Mr. Speaker, we are back here to
The SPEAKER pro tempore. Is there plemented some form of remote proce- consider the resolution representing
objection to the request of the gen- dures to safely conduct official pro- the most consequential change to the
tleman from Massachusetts? ceedings during this pandemic. With rules of the House of Representatives
There was no objection. this resolution, this House can finally in my time in Congress, and possibly
Mr. MCGOVERN. Mr. Speaker, we are join them. the most consequential rules change
in the midst of a pandemic, the likes of Now, let me repeat: We are not sug- since the establishment of the modern
which the world hasn’t seen in more gesting permanent changes. No one be- committee system in the Legislative
than 100 years. lieves we do our best work in person Reorganization Act of 1946.
The question before us today is a
and side by side more than me, Mr. Today, Mr. Speaker, the majority is
simple one: Will this institution, which
Speaker. Remote legislating will only proposing, for the first time in our his-
has adapted to challenges and tech-
be utilized so long as this pandemic tory, a system of proxy voting on the
nology time and time again throughout
continues. floor of the House of Representatives.
its history, adapt so that we can con-
Mr. Speaker, this is the type of That change also allows for the adop-
tinue legislating during this public
adapting that this House has always tion of a totally remote voting proce-
health emergency.
Medical experts have told us that done. Our Founders did not vote by dure upon the certification of a single
COVID–19 is up to three times more electronic device, but we do. Constitu- Member of Congress. Second, it would
contagious than the flu. That means, ents, decades ago, couldn’t watch floor allow for committees to perform re-
in a normal cycle of this virus, just one proceedings live on C–SPAN or listen mote proceedings, including markups.
person with coronavirus could kick off to them on the radio, but ours can. Above all else, Mr. Speaker, Repub-
a snowball effect that leads to up to Changes were made to our quorum re- licans believe that any change to cen-
59,000 new infections. quirement time and time again, includ- turies-old rules of the House should
Now think about that. ing most recently after the September only be done in a bipartisan way that
And then think about the way we 11 attacks. And I could go on and on achieves consensus. Unfortunately,
normally operate here. Members travel and on and on. these proposed rules changes do not
frequently from their home States, Believe it or not, adapting is action meet that goal.
some of which are coronavirus hot in this institution’s DNA. There are al- While I have no doubt of the chair-
spots, to convene together here in the ways those quick to proclaim that any man’s good intentions, I believe these
Capitol complex. Then we travel back change means ending the House as we changes will fundamentally alter the
home at the end of the week. And we know it. But you know what, Mr. nature of the institution, and not for
repeat this process month after month Speaker? The sky did not fall, and the the better. As such, I simply cannot
after month. House continues its work. support them.
Along the way, we come in contact So I don’t say this to make light of Mr. Speaker, though this resolution
with fellow travelers, colleagues, the what we are doing here today. What we is intended only to deal with the
general public, press, and the hundreds are doing is serious. It is a big deal. My present public health emergency, we
and hundreds of people who help make State of Massachusetts has one of the must never forget that the temporary
this House operate. There is no telling oldest legislatures in the country, but changes that we make today become
who among them could have com- even they changed their rules to allow the precedent that we follow tomorrow.
promised immune systems, preexisting for remote voting. I am deeply concerned that shifting to
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conditions, or other heightened risks You can respect tradition without remote activity, both in the form of
for illness. But we know just how easy blinding yourself of the need to make proxy voting and the form of remote
this virus spreads among those with temporary changes when necessary, committee work, will fundamentally
strong immune systems. and today is one of those times. This change the way the House operates and
That is why the choices that each resolution comes after careful study, will remove the collegial environment
one of us makes are especially impor- months of talks, feedback from con- we enjoy when we meet in person, get
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H2022 CONGRESSIONAL RECORD — HOUSE May 15, 2020
to know one another, and use our cordance with the specific and exact instruc- what others have ordered of them.
knowledge of each legislator as a per- tion from the Member. Some argue—and we have heard this
The Constitution bestows on each House of
son to move toward bipartisan con- just recently—that because we are ask-
Congress broad discretion to determine the
sensus. I fear that that would be lost in rules for its own proceedings. Article I, sec- ing our frontline heroes to show up at
remote activity. tion 5 of the Constitution says: ‘‘Each House work, we lawmakers should be required
I am also deeply concerned that these may determine the Rules of its proceedings.’’ to convene here in D.C. But that argu-
changes will not pass constitutional This authority is expansive and would in- ment misses the point and dishonors
muster. Why we would risk exposing clude the ability to adopt a rule to permit our frontline workers, particularly
important legislation to obvious con- proxy voting. Nothing in the Constitution those healthcare workers who are beg-
specifies otherwise.
stitutional flaws does not make sense Moreover, if this were challenged in court,
ging people to stay home, to avoid non-
to me. it is very likely that the case would be dis- essential travel in order to slow the
Most of all, I am concerned that we missed as a political question. The Supreme spread of this deadly disease. They ask
are moving forward with these changes Court has ruled that challenges to the inter- others to stay home so that some day
on a partisan basis. Any change that is nal operation of Congress are not justiciable they can go home.
this consequential should only be done in the federal courts. See Field v. Clark, 143 We in Congress are not first respond-
after we reach bipartisan agreement— U.S. 649 (1892). Indeed, I have written, the ers or frontline healthcare workers, al-
Court often ‘‘has held that congressional
no matter how difficult it may be to though our frontline responders are
judgments pertaining to its internal govern-
achieve. ance should not be reviewed by the federal certainly counting on us to provide
Mr. Speaker, I think a bipartisan judiciary.’’ Erwin Chemerinsky, Constitu- them the resources they need. But we
agreement was possible on much of tional Law: Principles and Policies § 2.8.5 (6th can hold our meetings and conduct our
what my friends are trying to accom- ed. 2019). communications electronically. And
plish, but today’s resolution is simply Especially in the context of the current because of the space limitations cre-
public health emergency, it is highly un- ated by the need for physical
not it.
likely that any court would review and in-
I have a modest suggestion to my validate the procedures adopted by the
distancing, working remotely is prob-
friends: Let’s take appropriate cau- House of Representatives that would allow it ably the only way that all of our com-
tions and go back to work. That is to conduct its business without endangering mittees can function at the same time.
what the executive branch is doing. the health of its members and its staff. Like everyone else, I don’t want to
That is what the United States Senate Every branch of government is devising new give up the opportunity to work with
is doing. That is what millions of procedures to accomplish this. The Supreme my colleagues in person. Our inter-
Americans do each and every day. We Court, for example, will conduct oral argu- actions are too productive, and our re-
ments by telephone for the first time in its lationships are too valuable. But in the
should be no different. The House history. I am sure that the rules will ensure
should do the same. that the votes cast by proxy are accurate face of this once-in-a-lifetime global
Mr. Speaker, I urge my colleagues to and carefully recorded. pandemic, we need to overcome our de-
reject these rules changes today and I hope that this is helpful. Please do not fault position.
return to the drawing board so that we hesitate to let me know if I can be of further Remote voting is not cowardice. It is
can act together in a bipartisan man- assistance. leadership. Let’s live by the same rules
Sincerely, we impose on our fellow citizens. Let’s
ner to ensure that Congress can con-
ERWIN CHEMERINSKY. show by our actions that we ourselves
tinue to operate during this crisis.
Mr. Speaker, I urge opposition to the Mr. MCGOVERN. Mr. Speaker, in the take this threat seriously.
resolution, and I reserve the balance of letter, the dean states: ‘‘The Constitu- I want to thank the leadership of Mr.
my time. tion bestows on each House of Congress MCGOVERN and Ms. LOFGREN and all of
Mr. MCGOVERN. Mr. Speaker, I in- broad discretion to determine the rules the other folks who have worked on
for its own proceedings. . . . This au- this, including my friend, Mr. COLE,
clude in the RECORD a letter from
thority is expansive and would include and I urge support of this resolution.
Erwin Chemerinsky, the renowned con-
the ability to adopt a rule to permit Mr. COLE. Mr. Speaker, I yield 2
stitutional scholar and dean of Berke-
proxy voting. Nothing in the Constitu- minutes to the gentleman from Texas
ley School of Law, who actually wrote
tion specifies otherwise.’’ (Mr. THORNBERRY), my good friend and
the book on constitutional law, dis- I also just say to my friend that the
cussing his view that the remote vot- the distinguished ranking member of
White House isn’t operating as business the House Armed Services Committee.
ing process we are considering today as usual. My understanding is that the
would be constitutional. Mr. THORNBERRY. Mr. Speaker,
Vice President has been sequestered those of us on the Armed Services
BERKELEYLAW,
UNIVERSITY OF CALIFORNIA,
from the President. In addition to that, Committee are privileged to work
May 13, 2020. everybody in the White House is being around, with, and for the men and
Chairman MCGOVERN and Ranking Member tested multiple times before they can women who serve in the military.
COLE, even get near the President. A lot of Every one of them is a volunteer.
House of Representatives, Washington, DC. the work is being done by video con- Every one of them expects reasonable
DEAR CHAIRMAN MCGOVERN AND RANKING ference. So even they are doing things precautions with their health and safe-
MEMBER COLE: I have been asked for my view differently.
as to whether the House of Representatives ty and well-being. But every one of
Mr. Speaker, I yield 2 minutes to the
could constitutionally adopt a rule to permit them knows that in carrying out their
gentleman from California (Mr.
remote voting by proxy. As explained below, duties, there is some risk that goes
PETERS).
I believe that this would be constitutional with it, and they carry out their duties
and it is very unlikely that any court would b 1300 admirably.
invalidate such a rule, especially in light of Mr. PETERS. Mr. Speaker, I rise What a contrast to what we are see-
the current public health emergency. ing with this resolution. I think one of
My understanding is that the system of re-
today in support of H. Res. 965 to au-
thorize remote voting and to continue the proudest times I have had in this
mote voting by proxy that is being consid-
ered would have some key features: committee proceedings remotely dur- House over the last 25 years has been
Low-tech remote voting process through ing the public health emergency of on 9/11 and the days thereafter. That
proxy voting COVID–19. very evening, Members gathered on the
Some number of Members would be present Governors and mayors across the Na- steps of the Capitol, and in the days
on the Floor for debate and in-Chamber vot- tion have ordered Americans to stay thereafter we went right back to work
ing home, to work from home, and avoid and passed the legislation that was
Proxy would be used to establish a quorum travel. Until we have adequate testing needed to deal with the terrorist
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and to register the yeas/nays threat.
or a vaccine to protect ourselves and
The proxy holder would be another Mem-
prevent our healthcare system from We were not even intimidated when
ber of the House
The proxy holder would have NO discretion being overwhelmed, the best we can do many of our offices were attacked by
on the vote. Instead, the proxy holder would here is to follow that advice. anthrax in the days thereafter. It was
be required (through the rule and accom- We in Congress must do what we not just about showing resolution to
panying regulations) to cast the vote in ac- have asked of our constituents and the terrorists; it was about showing the
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2023
country that we can come together and pandemic so that we can represent our is dealing with stage 4 cancer, getting
get our work done. What a contrast to constituents and shape legislation dur- treatment the last year at the Mayo
what we are seeing with this resolu- ing this crisis and do so safely in line Clinic, why I would be the one passion-
tion. with CDC guidelines. ately wanting everyone to travel and
Through the Civil War, 1918 flu, This resolution includes remote com- work in this Chamber, work in our
World War II, 9/11, throughout our his- mittee participation and proxy voting, committees. And it is because it is a
tory, there has never been proxy voting which are essential reforms during this bad idea for this House. It is a bad idea
on this floor. Members accepted the pandemic and key to giving the Amer- that we don’t do our jobs in person. We
risk and carried out their duties to the ican public the accountability and are setting a terrible example.
best of their ability. It was not about transparency they deserve. I am hoping Personally, though, I can tell you
technology; it was about trust and in- remote floor debate and voting are this: This is the job that I signed up
tegrity. next, and this paves the way. The Su- for. This is the job that I asked the
Were our predecessors so much brav- preme Court is doing it, and so can we. people of southern Minnesota for. And
er than we are? Were they more igno- State legislators, including Okla- this is the job that I want to do. It is
rant about the risk or more careless homa, and in my State of New Jersey, an honor to serve them. I think we
with their own safety? Was their sense and legislators around the world are should do it in person, work in com-
of their responsibility to the American doing it. We are behind here, and it is mittee in person, and do our jobs. And
people greater than ours? None of this time we step up. There is nothing ex- we can do it safely and responsibly.
makes sense. treme about working this way and I recommend a ‘‘no’’ vote.
But what makes the least sense of adapting during an emergency, just Mr. MCGOVERN. Mr. Speaker, the
all, Mr. Speaker, is that any Member of like all Americans have. gentleman should be happy to know
either party would support a resolution I am very grateful to Chairman under the proposal we have, he can
that allows any of us to vacate, even MCGOVERN, my good friend, a true come here anytime he wants. He can be
temporarily, the trust placed in us by statesman and institutionalist, and in his committee. He can be on this
voters and undermine the very founda- Representative LOFGREN, who has done floor and debate. But this is for those
tion of this representative democracy. an incredible job, for working with us who are in circumstances where that is
Our history is better than that. The in the Problem Solvers Caucus, with impossible. It provides an opportunity
voters deserve better than that. To me, Democrats and Republicans, as we have for them to participate as well.
Mr. Speaker, it is sad, rather des- continued making strides towards a Mr. Speaker, I yield 2 minutes to the
picable, and one of the darkest days in truly remote system. gentlewoman from Michigan (Ms. STE-
This debate and work are key for my
this institution. VENS).
district in north Jersey, which is at the
Mr. MCGOVERN. Mr. Speaker, I yield Ms. STEVENS. Mr. Speaker, I rise
epicenter of this crisis. Today’s bill
myself such time as I may consume. today to discuss the activity of the
also includes full reinstatement of the
Let me just say to the gentleman House Science, Space, and Technology
SALT deduction, giving New Jersey a
who just spoke, I am not intimidated, Committee, as we work through ex-
long-needed tax cut, something I have
and I am not afraid; none of us are traordinary circumstances to deliver
been fighting for for years. It also helps
here. This isn’t about any of that. This for the American people.
small businesses make ends meet, for
is about doing what is sensible, what is The Science Committee, under the
workers who aren’t sure they will get
in the public health interest. This is leadership of Chairwoman JOHNSON and
another paycheck, and for every other
not about us. It is about the people you Ranking Member LUCAS, has been hold-
single county and community so they
all come in contact with. ing briefings on topics such as infra-
can support teachers, cops, EMS, and
Those who walk around and don’t structure, energy jobs, vaccine devel-
firefighters.
wear masks, somehow as a display of But it starts with making sure our opments, through the great tech-
how unafraid they may be, may be car- system is built so we can do it, and to- nologies available to us over the world-
riers who are asymptomatic spreading day’s proposal does just that. We wide web. Each has been bipartisan.
this disease. should all support this legislation to One important focus has been our do-
This is a public health crisis. This is defend this institution, to protect it, mestic manufacturing role, retooling
different than what happened on 9/11. and to ensure that accountability and production lines to make the medical
This is a public health crisis; that is, transparency in this institution lives supplies needed to respond to the ongo-
somebody who is carrying this disease on forever in the greatest country in ing health crisis. This has been of par-
can spread it in a very aggressive way. the world. ticular importance for the Sub-
So please spare me the self-righteous I know we will get through this to- committee on Research and Tech-
kind of indignation over this. We are gether if we put country ahead of nology, which I chair, along with
supposed to follow the medical advice. party. Ranking Member BAIRD.
We are supposed to practice social Mr. COLE. Mr. Speaker, I yield 1 How do we open platforms and utilize
distancing. minute to the gentleman from Min- digital technologies for industrial col-
And yet, the Rules Committee, which nesota (Mr. HAGEDORN), my good friend laboration to solve big problems and
is the smallest committee in the Con- and a distinguished Member of this streamline our supply chain to get the
gress, had to meet in the Ways and body. medical supplies to those who need
Means Committee room, and we took Mr. HAGEDORN. Mr. Speaker, I be- them now?
up the whole room. We have 21 stand- lieve this is a bad idea for this institu- The Science Committee will continue
ing committees; I don’t know how tion and a terrible example for the Na- to do the work it has always done to
many subcommittees. Where does the tion. I recommend a ‘‘no’’ vote. meet the needs of the American people,
Armed Services Committee meet? You know, it is ironic that as our Na- to propel American manufacturing in-
Where does the Transportation Com- tion opens up and people go back to novation forward.
mittee meet? Maybe we can meet on work safely and responsibly into their I urge my colleagues to support this
the House floor, maybe one committee jobs, the House is making a move to fabulous resolution that will enable us
at a time. shut down, for all intents and purposes. to continue to do our work under great
I mean, the bottom line is, if we are You know, tens of millions of Ameri- and trying circumstances.
going to follow the medical advice, we cans throughout this outbreak, this Mr. COLE. Mr. Speaker, I yield 2
should not paralyze this institution. pandemic, have been out delivering and minutes to the gentleman from Arkan-
Mr. Speaker, I yield 11⁄2 minutes to producing our energy, our food, helping sas (Mr. WOMACK), my very good friend,
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the gentleman from New Jersey (Mr. with people in hospitals, policing our and the distinguished Republican rank-
GOTTHEIMER), a distinguished member neighborhoods. They have been doing ing member of the Budget Committee,
of this Chamber and a co-chair of the their jobs, and we should be doing our and a fellow member of the Appropria-
Problem Solvers. jobs in person moving forward. tions Committee.
Mr. GOTTHEIMER. Mr. Speaker, I You know, some might question why Mr. WOMACK. Mr. Speaker, born
rise today as Congress adapts for this a Member of Congress like myself, who from the people, the work of Congress
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H2024 CONGRESSIONAL RECORD — HOUSE May 15, 2020
is an integral part of our Nation. Or is Washington to vote and participate in The Framers likely assumed that members
it? Judging from the legislation that is official business in person during this of the chambers would gather in a single
before us right now, I am not so sure. pandemic puts the health of our con- room in order to conduct business. Ref-
erences to ‘‘assemble’’ and ‘‘attendance’’ in
But tracing back to the Civil War, stituents and ourselves at greater risk. the Constitution suggest as much. Congress
the Great Depression, World War II, 9/ All this traveling by so many Mem- could easily satisfy this narrow reading of
11, and many others, the House’s busi- bers of Congress will worsen the crisis these terms if each chamber met in cav-
ness has never ceased, even in the we are working to mitigate. If you ernous spaces. For instance, the Senate
toughest times in our country, and it don’t agree with the rule changes, I could meet in the baseball stadium where
should not cease today. urge you to reconsider. If you care the Washington Nationals play, while the
But instead of working safely, bring- about the health of your constituents, House could gather on the football field
ing back Members to the House, Speak- if you care about the health of your- where the Washington Redskins play. Then
legislators could easily sit several feet apart
er PELOSI has decided to pursue proxy self, your colleagues, and your staff, as they work.
voting. and if you really want to mitigate this But the chambers need not be so con-
Senators are back at work. Our mili- crisis, then support the temporary rule strained. Laws can have meaning and serve
tary is on point right now defending and vote ‘‘yes’’ on H. Res. 965. purposes without being tied to the tech-
our country in all corners of the world. Mr. COLE. Mr. Speaker, I yield 1 nology of a particular era. For instance,
Doctors, nurses, grocery workers, minute to the gentleman from Cali- modem presidents have signed legislation by
truck drivers, delivery personnel, they fornia (Mr. MCCLINTOCK), my very good autopen, even though this technology is
are showing up every day. They are not somewhat new. The justification for this is
friend.
that so long as the president makes a deci-
shirking from their duty. Shouldn’t the b 1315 sion about whether to approve a bill, the me-
House lead by example? chanics of putting pen to parchment are ir-
New House procedures might very Mr. MCCLINTOCK. Mr. Speaker, the
relevant. The same holds true for the Su-
well be necessary, but any change to word ‘‘congress’’ literally means the preme Court. The justices have reached deci-
the centuries-old rules that could fun- act of coming together and meeting. sions by phone, sometimes hundreds of miles
damentally alter this institution The Constitution calls for representa- away from Washington. Six justices are nec-
should never be done without bipar- tives to attend, to assemble, and to essary to conduct business, and they have
tisan support. And we are not seeing meet. Congress is a deliberative body, concluded that voting by phone on impor-
and by its very nature, that requires tant matters satisfies that requirement.
that. Congress could do something similar. The
This proposal runs counter to the the people’s representatives to interact
Framers perhaps demanded no more than for
Constitution, and it marginalizes, in with each other, both through formal legislators to debate and collectively reach
my strong opinion, Mr. Speaker, the proceedings as well as through the decisions in real time. The internet permits
lawmaking process. countless informal conversations that that live discussion and passing laws, either
We need transparency, account- are the unique product of coming to- by voice vote or by roll call. With the advent
ability, not procedures that further gether and meeting. of technology, one chamber can ‘‘assemble’’
centralize the decision-making of our Fulfilling that duty, Congress has virtually on Zoom, while legislators can also
met throughout every war and pan- attend meetings in Google. A chamber can
country into the hands of a select few. sit to conduct business online.
We must get back to regular order, and demic that has come before us. We ex-
The more general point is that if legisla-
this is not the path back to regular pect grocery clerks to show up at 4:00 tors are monitoring proceedings in Congress
order. in the morning to restock the shelves, online and can vote remotely, they are in
Mr. MCGOVERN. Mr. Speaker, I yield but the House of Representatives is ‘‘attendance’’ and can be present for
myself such time as I may consume. going to phone it in? quorums. What is good for the president and
I am happy to provide the gentleman Each of us is the proxy for our con- the Supreme Court must be good for Con-
who just spoke with the history of the stituents. They expect us to speak and gress. There are positives and negatives of
vote for them, and answer to them, not remote voting, so here are two potential dis-
House of Representatives as to how advantages.
voting rules have changed repeatedly. hand off that trust to someone entirely First, Congress will no longer have the ex-
But this radical idea that we are unaccountable because we are too lazy cuse of being unable to conduct business
talking about here today, just look to or too scared to show up for work. when members go back to their constitu-
the United States Senate. I mean, they Good God, what are we doing to our encies. What was once a part time assembly
just held a hearing in their Committee country? may become a full time legislature, where
on Health, Education, Labor, and Pen- Mr. MCGOVERN. Mr. Speaker, I yield leaders call votes during such inconvenient
myself such time as I may consume. times for members. Many people do wish
sions where some people were present,
It is obvious that the gentleman who that Congress would return to its roots as a
and some were remote. The chair and part time institution. To quote Will Rogers,
ranking member were remote, and ad- just spoke didn’t read the bill. Nobody
‘‘This country has come to feel the same
ministration witnesses were brought in is asking anybody to hand off their when Congress is in session as when the baby
through video conferencing. ability to cast a vote here. There is no gets hold of a hammer.’’
I mean, the Senate can do it. Maybe discretion involved. If he reads the bill, Second, though legislators do not have to
my friends are afraid of technology. We he will figure that out. pay attention to floor debates even when
will get you the help. We will get you Mr. Speaker, I include in the RECORD they are physically present, one might sup-
a May 5 opinion piece published in The pose that they will get more distracted if
the help to make it comfortable for they have two browsers open, one trained on
you. But the bottom line is, if the Sen- Hill from Saikrishna Prakash, a con-
the proceedings in Congress and one centered
ate can do it, if it is okay for the stitutional law professor from the Uni- on Sunday Night Football. A debate on a mo-
United States Senate, why is it not versity of Virginia and former clerk to tion to recommit would suffer compared to a
okay for the House of Representatives? the late Supreme Court Justice drive down the field in the final minute of
Mr. Speaker, I yield 1 minute to the Antonin Scalia. the fourth quarter.
gentleman from California (Mr. [From the Hill, May 5, 2020] But there would be one positive that over-
whelms these drawbacks. Last week, six
MCNERNEY). ONE VIRTUE OF A VIRTUAL CONGRESS
members exercised the collective authority
Mr. MCNERNEY. Mr. Speaker, I rise (By Saikrishna Prakash) of the Senate and passed the $484 billion ap-
in support of H. Res. 965. Today, there The need for social distancing has led to propriation. Though the Constitution de-
are more than 1.45 million confirmed new demands for distant voting. With the clares that a majority of each chamber
COVID–19 cases and more than 86,000 coronavirus in the air, Congress is awash would be a quorum to do business, the Sen-
related deaths in the United States, with proposals to allow senators and rep- ate had nothing like a quorum for this vote.
and these numbers continue to in- resentatives to cast votes away from the Under current practices, however, both
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crease. chamber floors on Capitol Hill. It is true chambers assume a quorum, an assumption
that desperate times call for desperate meas- that can be overcome only if some legisla-
Our job in Congress is to provide help
ures, but however extreme this reform may tors will call for it.
and leadership in this crisis. It is crit- seem, remote voting would indeed be allowed That assumption is almost as mistaken as
ical that we continue serving our con- under the Constitution. This new practice supposing that lobbyists exist to further the
stituents. But requiring Members of could also lead to the reform of one regret- public good. The Constitution decrees that
Congress to travel back and forth to table habit of the legislative branch. the chambers can pass a bill only if there is
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2025
a quorum. Members cannot just avert their Mr. HILL of Arkansas. Mr. Speaker, I liberty, do hereby ordain and establish the
gaze from this violation of the Constitution. rise in opposition to this rule change. Constitution of the United States.
The minimum mandate for passing legisla- Rather than taking time to imple- The very next sentence vests all leg-
tion is not waivable. To pass legislation in a
ment a bipartisan plan to safely open islative power to us, in Article I, in the
chamber, the presence of at least a majority
of the voting members is required. this House and our work on the Hill, as Congress, and gives us the right to de-
With a move to virtual sessions, Congress suggested by the Republican leader, termine the rules of our own pro-
could cut the embarrassment of a handful of the House majority is taking the lazy ceedings.
legislators passing legislation. If bills are way out. That is what the Supreme Court calls
uncontroversial, the chambers can meet on- The U.S. Constitution and 200 years a political question. It cannot be sec-
line, and the majority in each can pass them. of precedent require a physical pres- ond-guessed by the Senate. It cannot
All in all, the move to remote voting could ence to establish a quorum to protect be second-guessed by the President. It
generate a salutary reform and also elimi-
all Members’ rights and the rights of cannot be second-guessed even by the
nate at least one excrescence of the Con-
stitution. the Americans who vote for these Supreme Court. It is up to us what our
Mr. MCGOVERN. In his piece, the Members. rules of proceeding are going to be.
professor says: The more general point If we pass this rule change today and Mr. Speaker, I have watched the de-
is that if legislators are monitoring make attendance optional, we are tak- bate, and one can only regard with
proceedings in Congress online and can ing away the fundamental nature of amazement the full outrage summed up
vote remotely, they are in ‘attendance’ our government of elected Members of by our colleagues who display great
and can be present for quorums. What the House representing our citizens. reservoirs of self-righteousness. And it
is good for the President and the Su- Since the first Congress, through it is amazing to me because the same
preme Court must be good for Con- all—bad roads, bad weather, invasion, Members have been operating for many
gress.’’ and the burning of this very Capitol, years, for term after term, under the
Mr. Speaker, I yield 1 minute to the Civil War, and depression—Members current rule, first adopted by a Repub-
gentleman from Tennessee (Mr. have assembled to do the people’s busi- lican-majority House, which allows two
COHEN). ness. Members to form a working quorum.
Mr. COHEN. Mr. Speaker, I have been Our Founders intended that legis- I repeat: The current rule, which this
listening to the debate, and I have been lating be hard but fair. Our Founders body has ratified repeatedly, was
really amazed at what I have heard compelled the people’s representatives adopted by a Republican majority, al-
from the other side. They said the mili- to assemble, to collaborate, to find a lowing two Members to constitute a
tary goes into battle, or is ready to go, way forward. This rule will only make working quorum.
and they don’t let these things bother it harder to find that consensus during So, how can anyone who has blithely
them. these times. accepted that state of affairs, when it
The military doesn’t have a great Mr. Speaker, I urge all of my col- would have been very easy to do some-
majority of their members who are 65 leagues to reject this unnecessary thing about it—there was no pandemic
years of age and older. And when they change to the House rules. and no plague let loose on the land,
do have members that are 65 years of Mr. MCGOVERN. Mr. Speaker, let me with 86,000 people dead and tens of mil-
age and older, and they have morbidity remind my colleagues what the minor- lions of unemployed. They did nothing
systems or past incidents that make ity leader did suggest, and that is that about it, but now they want to sud-
them more likely to get a disease, they all of us get preferential treatment, in denly turn on the proposal necessary to
don’t send them into battle. They take terms of testing, that we all be tested guarantee the continuity of the U.S.
care of them. They don’t put them out regularly when we come back here, like Government in which the numerical
there in harm’s way. they do in the White House; that even quorum majority rule is scrupulously
Some people talked about the Sen- though our constituents can’t get test- observed through the well-known and
ate. LAMAR ALEXANDER came up, and ed, even though our hospital workers well-accepted proxy system. This rule
he got exposed to coronavirus from a and those who work in homeless shel- preserves the vote and the voice of
staff member, so he had to go back to ters and in food pantries can’t get test- each and every Member of the House.
Maryville. RAND PAUL came up. He got ed, and our first responders can’t all Unlike the two-Member quorum rule,
exposed, took a test, still swam in the get tested, the minority leader sug- which was put into place by a Repub-
Senate pool, exposed everybody over gested that: You know, you are all so lican majority, our rule is based on ef-
there to COVID, and came back posi- special here that you should move to fectuating the will and the vote of
tive. the front of the line. every Member. The proxies must be
So, it is not about the Senate. This Well, I don’t know what people in cast in strict accordance with the will
makes good sense. your districts think, but my constitu- of the Member, with no discretion, and
One of our best epidemiologists said ents think that is tone-deaf, that, quite no room for judgment.
that the best place you could find to frankly, we don’t deserve preferential Mr. Speaker, I expect to be a proxy
get the coronavirus is indoors in an en- treatment. But that is what he sug- because I live about a half hour away
closed room with a lot of people and a gested. from here. I will cast the proxy vote
lot of talk. That is the definition of Mr. Speaker, I yield 3 minutes to the exactly as given to me. And if I were to
Congress. Washington is a hot spot; it gentleman from Maryland (Mr. decide I know better than the person I
is under a stay-at-home order; and you RASKIN), a distinguished member of the am voting for, that should be the sub-
are not supposed to meet in groups of Rules Committee. ject of ethical proceedings. I am noth-
more than 10 people. We are more than Mr. RASKIN. Mr. Speaker, I salute ing more than a letter carrier.
10. And if they expand it, we will be up the chairman for his determination to This is what the Congress needs to
to the level of 50, which is maybe the keep the American Government going do. The American people expect noth-
next level. through this period, and that is what ing less from us. Let’s keep the Gov-
We are just protecting our Members this resolution is about, the continuity ernment of the United States in busi-
and protecting their loved ones and of Congress and the continuity of gov- ness.
protecting their constituents. ernment. We are here to keep the great Mr. COLE. Mr. Speaker, I yield 1
This is a good law. It gives people a American experiment in democratic minute to the gentleman from Texas
chance to vote. We have Members who self-government alive through the pan- (Mr. GOHMERT), my great friend and
are going through chemotherapy now. demic, through the crisis. distinguished Member.
The great JOHN LEWIS is going through The first sentence of the Constitu- Mr. GOHMERT. Mr. Speaker, let me
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chemotherapy. That means he cannot tion, the Preamble, says: just read from the Constitution.
come up here and vote. That should not Article I, Section 5: ‘‘Each House
We the people, in order to form a more per-
be the facts. fect union, establish justice, ensure domestic shall be the judge of the elections, re-
Mr. COLE. Mr. Speaker, I yield 1 tranquility, provide for the common defense, turns and qualifications of its own
minute to the gentleman from Arkan- promote the general welfare, and preserve to Members, and a majority of each shall
sas (Mr. HILL). ourselves and our posterity the blessings of constitute a quorum.’’
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H2026 CONGRESSIONAL RECORD — HOUSE May 15, 2020
You can’t pass a bill on this floor refer to Congress as ‘‘meeting’’ (Art. I, Sec. President could ‘‘convene Congress at such
with proxies and have it upheld unless 4) or ‘‘assembling’’ (Art. I, Sec. 3), and one other place as he may judge proper.’’ If Con-
you change the Constitution, and this even provides a mechanism by which mem- gress can delegate to the President the
bers can compel ‘‘the Attendance of absent power to move congressional operations en-
doesn’t do it. Members,’’ (Art. I, Sec. 5) meaning presum- tirely, surely it can reserve for itself the
Now, some here say: But if it saves ably those members not otherwise present lesser power to make whatever far more
one life, it is worth it. How about the where Congress is meeting. Of course, none modest amendment to process is required to
million Americans who laid down their of the clauses in which those terms appear ensure Congress is able to vote in the same,
lives not for a wishy-washy, ‘‘Oh, address how Congress casts or counts its extraordinary circumstances.
maybe we should be afraid. We might votes. Indeed, neither the document itself Finally, the temporary remote voting pro-
nor any Supreme Court decision defines what cedures as you have sketched them thus far
get something and die.’’ They didn’t do appear to bear an entirely ‘‘reasonable rela-
counts as ‘‘attendance’’ or ‘‘assembling,’’
that in the Spanish flu days. They tion’’ to the goal you aim to achieve, name-
much less how such ‘‘attendance’’ may be
didn’t do it in the Civil War. But now taken, or such ‘‘assemblage’’ may be accom- ly, ensuring that Congress preserves the abil-
we are going to do it. Come on. plished. The Constitution equally contains ity to vote in a way that maintains the insti-
There were people that died, saying no specific requirement of physical presence tution’s representative character, protects
things like: ‘‘Live free or die.’’ And for Members to vote. What the Constitution the transparency of its operations, and fairly
does instead—as the courts have repeatedly and accurately reflects the will of the Amer-
now, we are going to amend the Con-
recognized—is leave it up to each House of ican people. By keeping remote voting proce-
stitution with a House rule. That is ri- dures tied as closely as possible to the exist-
diculous. Congress to ‘‘determine the Rules of its Pro-
ceedings.’’ (Art. I, Sec. 5) As the Supreme ing system, the proposed approach protects
If you are going to destroy 40 million Court explained in United States v. Ballin, 144 Members’ ability to participate in votes re-
lives and livelihoods, at least have the U.S. 1 (1892), so long as there is a ‘‘reasonable gardless of geographic location, technical
courage to come here and do it in per- relation between the mode or method of pro- knowledge or means; minimizes the risk of
son. ceeding established by the rule and the re- foreign or other unlawful interference in the
vote; and maximizes Congress’s ability to
You didn’t let the Member from sult which is sought to be attained,’’ the
content of those rules are ‘‘beyond the chal- fairly reflect the will of the majority of the
Georgia do it years ago. You denied people even during the present crisis. The
that, and I felt like you were right. We lenge of any other body or tribunal.’’
Indeed, it is just such constitutional flexi- proposed approach contains essential safe-
have to preserve the Constitution, not bility that has enabled Congress to embrace guards to ensure that Members’ preferences
abuse it with a House rule. the various informal solutions it has adopted are fully and accurately recorded; as you em-
The SPEAKER pro tempore. Mem- over the years to ‘‘do business,’’ including phasized in your recent statement, Members
bers are reminded to address their re- relying on members to give ‘‘unanimous con- designated to submit voting cards on behalf
sent’’ to a vote even if something less than of other elected Representatives may only
marks to the Chair. act pursuant to the direct, express instruc-
Mr. MCGOVERN. Mr. Speaker, I yield an actual majority of members is physically
present on the House floor. But while such tion of the elected Representative, retaining
myself such time as I may consume. no discretion in carrying out the ministerial
well settled procedures are surely constitu-
I include in the RECORD a letter from function they play in the modified voting
tional, they may not always function to ad-
Deborah Pearlstein, a constitutional process. As ever, Members remain subject to
vance the system of majority rule the Con-
law professor from Cardozo School of all the disciplinary powers the House pos-
stitution so plainly contemplates. As we re-
Law. sesses to ensure the appropriate exercise of
cently saw when Congress enacted a substan-
CARDOZO LAW, their duties.
tial stimulus bill just last month, it is pos- In short, with limited reforms that maxi-
April 16, 2020. sible for one House member, acting alone, to mize Members’ ability to represent the wish-
DEAR CHAIRMAN MCGOVERN: Thank you for single-handedly defeat the manifest pref- es of their constituents, while minimizing
your statement today recommending the im- erence of the bipartisan majority by insist- disruption and confusion in House oper-
plementation of temporary remote voting ing upon an actual demonstration that a ma- ations, Congress can succeed in preserving
procedures in Congress during this tragic jority of members were ‘‘present’’ (a term the essential constitutional function of the
pandemic. As a professor of constitutional contained in House Rules, not in the Con- legislative branch even amidst an unprece-
law, and a scholar who has written exten- stitution itself). This forced House leaders to dented pandemic. It is a critically important
sively on separation of powers issues in U.S. make a choice the Constitution cannot be initiative in these extraordinary times.
Government, I believe adopting procedures understood to compel—between surrendering As ever, I thank you for your efforts, and
to allow for remote voting under these ex- the will of the majority to the demands of a for the opportunity to share my views.
traordinary circumstances is not only law- single man, or insisting, as they did, that Sincerely,
ful, but essential to the maintenance of our Members jeopardize their safety (and thus DEBORAH N. PEARLSTEIN,
constitutional democracy. Recognizing that their ability to effectively represent their Professor of Law.
specific procedures for remote voting may constituents going forward) by defying law- Mr. MCGOVERN. In her letter, which
still be in development, the analysis offered ful public health restrictions to travel and I strongly recommend all of my col-
here focuses foremost on the broad scope of meet in Washington, D.C. leagues should read in full, she says: ‘‘I
Congress’ constitutional authority to regu- It is precisely in order to avoid such absurd
results that Congress has embraced a variety
believe adopting procedures to allow
late its voting procedures.
As with much else in the Constitution, the of measures throughout its history to adjust for remote voting under these extraor-
description the text provides of how Con- to developing technologies and changing de- dinary circumstances is not only law-
gress is to fulfill its legislative ‘‘duties’’ once mands. Thus, for example, current House ful, but essential to the maintenance of
members have been elected is relatively Rules provide that in the event the existing our constitutional democracy.’’
brief. Article I, Section 5 provides that there electronic voting system is ‘‘inoperable,’’ the The Constitution contains no specific
must be ‘‘a Quorum to do business,’’ which Speaker may direct the vote to be conducted requirements of physical presence for
the Constitution defines as constituting sim- through alternative methods, including Members to vote. What the Constitu-
ply ‘‘a Majority’’ of each House. The same through the use of ‘‘tellers’’ designated by tion does instead, as the courts have
Section likewise specifies that each House the Speaker to ‘‘record the names of the repeatedly recognized, is leave it up to
must keep a ‘‘Journal of its Proceedings,’’ Members voting on each side of the ques-
each House of Congress to ‘‘determine
which must be published ‘‘from time to tion.’’ The teller system was an innovation
time,’’ and which may, if a sufficient number put in place before the current electronic the rules of its proceedings.’’
of members desire, reflect how every member system was available, one among key re- The gentleman refers to the Spanish
voted ‘‘on any question.’’ The Constitution forms designed to strengthen Congress’ abil- flu. Let me just say that that is not an
adds that neither House can adjourn for ity to maintain a public record of Members’ example of something we want to as-
more than three days, or move the session to votes. The particular challenge of ensuring pire to. The Congress was basically
some other place, without the consent of the that Congress could continue to operate dur- paralyzed. They couldn’t even get to-
other House—a provision designed to prevent ing the outbreak of infectious disease was in- gether to pass a bill to provide more
a single House from thwarting all congres- deed the subject of one of Congress’s first ef- doctors to rural areas where people
sional action by simply absenting them- forts to provide for alternative rules of oper- were dying. They couldn’t even do
selves indefinitely. ation. Following Congress’ return after the that. And as a result of Congress’ inac-
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There can be little question that the Fram- yellow fever epidemic that devastated the
ers imagined the legislature would do its then-capital of Philadelphia in the summer
tion, more people died in that pan-
work while assembled in some physical loca- of 1793, Congress adopted a law providing demic. So, please, I mean, let’s get real
tion. In 1787 when the Constitution was that in circumstances when ‘‘the prevalence here.
drafted, they could scarcely have imagined of contagious sickness’’ made it ‘‘be haz- Mr. Speaker, I yield 1 minute to the
any other functional way of proceeding. Var- ardous to the lives or health of the members gentleman from Rhode Island (Mr.
ious other constitutional provisions thus to meet at the seat of Government,’’ the LANGEVIN).
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2027
Mr. LANGEVIN. Mr. Speaker, I tive THOMPSON, and Representative Today we face a health crisis unknown in
thank the gentleman for yielding. PETERS. our lifetimes—a virus that spreads easily
I rise in strong support of this resolu- HOUSE OF REPRESENTATIVES, among us, that can hide itself as asymp-
COMMITTEE ON ENERGY AND COMMERCE, tomatic for a time can suddenly turn deadly.
tion and commend Chairman MCGOV- We have no vaccine to create herd immunity,
ERN for overseeing this deliberative Washington, DC, May 14, 2020.
Re H. Res. 965. nor a treatment nor cure, nor even enough
and well thought-out process. tests to tell us who’s got it and who doesn’t.
The proposed changes to the House Hon. JAMES P. MCGOVERN,
So all we can do to protect ourselves now
Chairman, Committee on Rules,
rules are absolutely necessary to en- and for the foreseeable future, and to keep
House of Representatives, Washington, DC.
sure that Members of Congress can DEAR CHAIRMAN MCGOVERN: I write to you our health care system from being over-
continue our vital legislative and over- in support of H. Resolution 965, which would whelmed, is to separate ourselves. That’s
sight functions while protecting public authorize voting by proxy in the House of how we lower the chance that the virus
Representatives and provide for official re- spreads. That’s why governors and mayors
health. across the country have ordered us to stay at
Now, I strongly believe that we need mote committee proceedings. By tempo-
rarily enabling committees to convene offi- home, to work from home, and to avoid trav-
a more comprehensive, full e-Congress el if we can.
cial proceedings remotely, this measure en-
capability to be developed for con- sures that the Committee on Energy and
That’s exactly what Congress did when we
ducting congressional business in the Commerce can continue to conduct its im- passed the CARES Act on March 27th. Our
future only in times of emergency if we portant legislative, oversight, and fact-find- leadership from both parties worked to pass
are unable to meet in Washington, D.C. ing work during these extraordinary times. the bill on unanimous consent, and when one
I greatly appreciate the work of the House member objected, we achieved a quorum
However, I also believe that there are
Rules Committee under your leadership in with members who could travel safely, often
very real cybersecurity concerns that by driving alone in their cars. We encouraged
drafting and putting forward this very im-
must be addressed before such a system other members to stay away from planes and
portant measure. Our Committee will work
will go live. diligently to ensure that each of our Mem- airports and each other. By the way, that
In the meantime, this resolution ap- bers can participate remotely, to the great- conveyed to the public that we in Congress
propriately allows for in-person proxy est extent practicable, from different loca- understood the health challenge—we were
voting during the duration of this pub- tions, at our noticed committee and sub- aware that every time Members of Congress
lic health emergency, and it holds open committee hearings, markups, depositions travel from across the country to Wash-
and other business meetings—some or all of ington, DC, we put each other, our staff, Cap-
the possibility of remote voting if a se-
which may be virtual in nature. itol Police and other workers, our families
cure system can be developed and Thank you in advance for any further sup- and ultimately our constituents at risk of
verified for full House floor pro- port you can provide us in the way of Com- infection.
ceedings. mittee-specific regulations or in addressing Since then, conditions in Washington DC
In the meantime, this step, of course, any questions that surface as we implement have become more dangerous—it’s one of our
cannot be the end of our conversations and put these temporary rules and regula- nation’s COVID hot spots. It’s high time for
on continuity of Congress. We do need tions into practice. us to do what we’ve asked—and others have
a permanent framework that will ac- Respectfully submitted, ordered—our constituents to do. Figure out
FRANK PALLONE, Jr., how to work from home.
count for remote congressional oper- I’ve heard the argument from Senate Lead-
Chairman.
ations in the event or possibility of er McConnell and from some Democrats that
death or incapacitation of a significant HOUSE OF REPRESENTATIVES, because we ask people on the front lines to
number of representatives. Washington, DC, May 13, 2020. go to work, that we lawmakers have to show
This is the 21st century. We should be Hon. JIM MCGOVERN, up in DC to work. But that argument misses
able to do this in the future. I look for- Chairman, House Committee on Rules, the point. Some people—essential workers—
ward to continuing to work with Chair- Washington, DC. can’t stay home. If you are a doctor or a
DEAR CHAIRMAN MCGOVERN: I write to ex- nurse, or someone who cleans hospital
man MCGOVERN to address this issue rooms, you have to go to the hospital to do
press my strong support for proxy voting and
going forward. allowing for flexibility, during these unprec- your job. If you are a grocery clerk or check-
Mr. COLE. Mr. Speaker, I yield 1 edented times. er, you have to go to the grocery store to do
minute to the gentleman from Ten- The COVID–19 pandemic has created never your job. If you are a fire fighter, or a police
nessee (Mr. JOHN W. ROSE). before seen challenges to the operation of officer or an EMT, you have to go where peo-
Mr. JOHN W. ROSE of Tennessee. Mr. government and the ability of the House to ple are in harm’s way to do your job.
Speaker, today, I am standing up for conduct business. Not only are Member’s But if you’re an accountant, or a lawyer,
health and safety at risk but the security or a billing clerk or any other office work-
those who have stood up for this Na-
and integrity of the House of Representa- er—your job is still very important—but
tion throughout the current crisis: tives, is as well. I commend you and your we’ve ordered you to stay home, because the
nurses, doctors, farmers, truck drivers, committee for diligently addressing these technology available today makes it possible
food service workers, distribution and challenges with integrity and the dedicated for you to do your job from your home. It’s
supply chain workers, the millions of intent to ensure the House can conduct the not great, but it’s a way Americans have
Americans who can’t stay home and People’s business in a safe and secure man- stepped up to make it work, and not to be-
expect our country to survive. ner. come vectors for the spread of this disease.
This pandemic has drastically changed how We in Congress are not first responders.
Haven’t we learned our lesson about
our communities operate. Many local gov- Fundamentally, we have office jobs—very
outsourcing? Apparently not. Now, ernments and small business have adjusted important office jobs that a lot of people de-
some of the Members of this House their operations and the House of Represent- pend on—but office jobs, consisting of phone
want to outsource their votes as well. atives must do the same. Again, I commend calls, meetings, and more meetings. Like the
I will be voting ‘‘no’’ on this resolu- you and your Committee for your work and rest of America, we can have our meetings
tion, and I would encourage those I wholeheartedly support proxy voting and electronically. We should live by the same
ready to hand over their votes to some- allowing for flexibility, during these extreme rules we impose on other American office
one else to just go ahead and hand over times. workers.
Sincerely, We are public servants, a concept reflected
their seats to someone else. in the joint statement by Speaker Pelosi and
MIKE THOMPSON,
With unemployment the way it is, I Member of Congress. Leader McConnell to reject the President’s
would bet that there are more than a offer to supply Congress with test kits. Of
few people back home in your district HOUSE OF REPRESENTATIVES, course, Congress should not take test kits
who would gladly accept your $174,000- Washington, DC, May 13, 2020. from hospital workers, first responders or
a-year job and find a way to get to Hon. JAMES P. MCGOVERN, grocery workers. Nor should we continue to
Washington and push a button. Chairman, House Rules Committee, travel and meet in a way that heightens the
I will vote ‘‘no.’’ Washington, DC. risk for those same people. We should follow
Hon. TOM COLE, the lead of American businesses, nonprofits,
b 1330
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Ranking Member, House Rules Committee, religious institutions and families who have
Mr. MCGOVERN. Mr. Speaker, I yield Washington, DC. found ways to communicate effectively and
CHAIRMAN MCGOVERN, RANKING MEMBER to make decisions over the phone, or in a va-
myself such time as I may consume. COLE, AND MEMBERS OF THE RULES COM- riety of computer forums.
I insert in the RECORD letters and MITTEE: Thank you for this opportunity to Tradition can be honorable, as it is in Con-
statements of support for H. Res. 965 comment on the very important proposals gress. But tradition can be a dinosaur and
from Chairman PALLONE, Representa- for remote voting. can hurt and slow progress. Some traditions
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H2028 CONGRESSIONAL RECORD — HOUSE May 15, 2020
should never be abandoned. I would never astating. Nearly 1.5 million Americans responders do their job, why aren’t we
give up the opportunity in the ordinary have contracted COVID–19 and, trag- doing ours? I would posit that the Con-
course of our business to see you all face to ically, more than 85,000 people have stitution contemplates our physically
face, to work with you in committees, to see
died. being here looking each other in the
you twice a day on the House floor, and even
to grab dinner after work. But in the face of We have asked small business owners eye to do our job.
this once in a lifetime global pandemic, we and workers in our districts to close up If we want to have debates about
need to overcome the default position—that shop and stay home for months to do committee work being remote or vir-
the way we’ve always done it is the only way their part to slow the spread of this tual, okay, but the actual act of vot-
it can be done. Congress has adapted to jet virus. ing, our solemn duty to represent hun-
travel, to electronic voting and to making Across the country, workplaces are dreds of thousands of people who put
our work public on CSPAN. We can adapt to innovating and figuring out how to op- their trust in us to do our job, we are
remote work. supposed to be here. We are supposed to
It will be difficult, but not as difficult as erate while keeping pace with com-
we might imagine. Just look at how the re- monsense public health guidelines. work with each other.
mote skeptics propose we conduct our busi- Like them, Congress has an obliga- I have got a bipartisan bill right now
ness. We would fly from across the country, tion to do the same. This moment re- that would help solve the problems, the
making connections and taking transpor- quires us to lead by example, to show PPP Flexibility Act, with my friend
tation from Dulles Airport or Baltimore that in the face of a highly infectious DEAN PHILLIPS from Minnesota. Let’s
Washington International. Then we would debate and vote on it. Let’s offer
disease we can change how we do busi-
isolate ourselves in our DC residences. Then, amendments. Let’s actually have a de-
if we live too far to walk or don’t have a car ness and still get our constituents the
much-needed relief they desperately bate in this body.
in DC, we would take transit or be driven to It is supposed to be the people’s
our offices, and we would isolate there. And need, while also conducting proper
to participate in our committees, we would oversight. House—the people’s House. It is our
make a phone call from our office in Ray- I support this rule change to tempo- job, Mr. Speaker. This is not constitu-
burn or Longworth or Cannon to the com- rarily allow committees to conduct tional.
mittee room. Yet all of us have phones in our Mr. MCGOVERN. Mr. Speaker, I yield
meetings remotely and to provide my
homes in our districts, and any of us could myself such time as I may consume.
call the committees from there.
colleagues with the opportunity to The gentleman will be happy to know
We’ve also heard that in person committee make their constituents’ voices heard. he will have 2 hours of debate on how
meetings will take up a tremendous amount This is the 21st century. We have an to help our constituents. I have a feel-
of physical space. For our larger committees, opportunity to show that we can use ing he is going to vote ‘‘no.’’ He is
like Transportation and Infrastructure or the tools at our disposal to continue
Armed Services, only the House chamber is going to vote ‘‘no’’ to help our teach-
congressional operations at full capac- ers, our first responders. He is going to
big enough. If all of our committees were to ity while also practicing what we
meet in person, it would be impossible for vote ‘‘no’’ to help States, cities, and
them to meet at the same times. Remote
preach. towns. That is unfortunate, but we are
participation is probably the only practical This is common sense, and I would going to move it forward.
way to allow all committees to function at urge my colleagues to support this Mr. Speaker, I insert in the RECORD
the same time, and thereby for all members change as well. letters and statements of support for
to participate in the legislative process on Mr. COLE. Mr. Speaker, I yield 1 H. Res. 965 from Representative KIL-
behalf or their millions of constituents. minute to the gentleman from Texas
Remote voting is not cowardice. It’s lead- DEE, Representative JEFFRIES, and Rep-
(Mr. ROY), my very good friend. resentative POCAN.
ership. In the face of this pandemic, getting
Congress to work remotely is an example for
Mr. ROY. Mr. Speaker, I thank my CONGRESS OF THE UNITED STATES,
the rest of the country that meets this mo- friend from Oklahoma for yielding. HOUSE OF REPRESENTATIVES,
ment. Let us live by the same rules we im- I just ask my colleagues here: What Washington, DC, May 13, 2020.
pose on our fellow citizens. Let’s find a way are we doing? We have 40 million Amer- Hon. JIM MCGOVERN,
that allows all of our constituents to have a icans out of work. We have serious Chairman, Committee on Rules,
voice. Let’s show by our action that we our- problems we have got to address, and Washington, DC.
selves take this threat seriously. Hon. TOM COLE,
we are going to pass a bill tonight that
I thank you for your leadership in this dif- Ranking Member, Committee on Rules,
ficult moment.
is a clear political bill filled with polit- Washington, DC.
Sincerely, ical promises from my colleagues on DEAR CHAIRMAN MCGOVERN AND RANKING
SCOTT H. PETERS, the other side of the aisle that has no MEMBER COLE: We write today in strong sup-
Member of Congress. chance of being passed in its current port of the H. Res. 965, which temporarily
form. And why aren’t we debating and implements remote voting in the full U.S.
Mr. MCGOVERN. Mr. Speaker, I am
doing the job of this body? We have no House of Representatives and remote com-
glad that the gentleman who pre- mittee proceedings during this public health
viously spoke says he wants to extend debate.
emergency due to the coronavirus.
it for nurses, doctors, and teachers. He My friend from Maryland, Chairman Members of Congress must continue to
has a chance to do that in the next bill RASKIN, we served together working to faithfully and safely execute the duties of
we are going talk about because there try to protect the Constitution, and he our office while acting in accordance with
is money in there to provide them says that we have this rule in here for the social distancing guidelines outlined by
more assistance in terms of testing and a quorum can be two people. I agree, medical experts. The suggested temporary
that is a problem. rules would allow for Members to proxy vote
treatment and tracing and more money on behalf of those Members who cannot safe-
there for PPE. But my guess is the gen- I don’t care who is in charge of this
ly travel to Washington, D.C. This proposed
tleman is going to vote ‘‘no’’ on that. body. We shouldn’t operate that way. proxy voting system strictly governs the
The same people who are out here The American people want us to do our rules where a remote Member would send a
talking about being brave and standing job and debate and work. letter to the Clerk designating a proxy.
up with our first responders are the The Constitution is pretty clear Members may serve as a designated proxy for
same people whose leader has said that about what constitutes a quorum. You up to ten Members and must receive exact
his proposal is to prioritize Members of can trot out various words from some written instruction on each vote. While
professors around the country that say there is no precedent on the House Floor for
Congress ahead of all of our constitu- proxy voting, there is precedent in House
ents in terms of testing so we can oper- otherwise, but a quorum means pres- Committees, where it was in place until the
ate here. I don’t want to have anything ence. We should be here debating. It 104th Congress.
to do with that. My constituents who matters. It matters that we look each The implementation of H. Res. 965 would
are on the front lines, the doctors, the other in the eye. It matters that we are allow committees to hold virtual hearings,
nurses, the first responders deserve to here talking to each other when there markups, and depositions enabling Members
dlhill on DSK120RN23PROD with HOUSE
are 40 million Americans without jobs to perform vital oversight, conduct fact find-
be tested before anybody in this House. ing and bring legislation to the Floor. Espe-
Mr. Speaker, I yield 1 minute to the while we sit here in Congress and don’t
cially during this national emergency, Con-
gentlewoman from Massachusetts (Mrs. do ours? gress must continue to do the work of Amer-
TRAHAN). We are not doing our job. While ican people, especially overseeing the tril-
Mrs. TRAHAN. Mr. Speaker, this truckers carry food products, while lions of dollars allocated by the federal gov-
public health crisis has been dev- people go to grocery stores, while first ernment so far to combat the pandemic.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2029
Members also have the responsibility to sive Caucus issued a Whip Question to its cle from the Houston Chronicle enti-
model compliance with the guidelines rec- Members several weeks ago to measure sup- tled ‘‘Universal testing for coronavirus
ommended by the leading science and health port for instituting virtual voting in the is a national security issue.
experts without dereliction of our duties. House of Representatives. Responses from
Proxy voting allows for Members to be en- the Caucus were overwhelmingly in support. [From houstonchronicle.com, May 13, 2020]
gaged in work at the Capitol while ensuring I support remote voting efforts in Congress CITY STARING DOWN $169M BUDGET GAP
their safety and those in their communities. in whatever form they may take, and plan to (By Jasper Scherer and Dylan McGuinness)
As the Congress continues to find innovate vote in favor of implementing legislation Houston Mayor Sylvester Turner, facing
ways to remain in service of the American when it is presented to the full U.S. House of an economy hammered by the coronavirus
people, I am supportive of the provision in H. Representatives. I thank you for your friend- pandemic and collapsing oil prices, on Tues-
Res. 965 that will direct the Committee on ship and look forward to continuing to work day proposed to close an upcoming budget
House Administration to study the use of together on this and other matters. gap by furloughing about 3,000 municipal
technology to allow Members to vote re- Sincerely, workers, deferring all police cadet classes
motely in the House. After certification has MARK POCAN, and exhausting the city’s entire $20 million
been completed determining secure and oper- Member of Congress, ‘‘rainy day’’ fund.
able technology for remote voting, the Rules Co-Chair, Progressive Caucus. The proposals are in response to an esti-
Committee would issue guidance and regula- Mr. MCGOVERN. Mr. Speaker, I yield mated $169 million revenue shortfall for the
tions for implementation that can be author-
2 minutes to the gentlewoman from fiscal year that begins July 1.
ized by the Speaker to allow Members to Emptying the rainy day fund ‘‘leaves the
cast their votes remotely during the time pe- Texas (Ms. JACKSON LEE).
Ms. JACKSON LEE. Mr. Speaker, I city in a precarious state for the upcoming
riod covered by the resolution. hurricane season,’’ the mayor acknowledged
We appreciate your hard work on this and thank the gentleman for yielding.
We cannot do and cannot do—and in a message to city council members that
the solicitation of advice and ideas from
accompanied his budget plan. The account
Members for many weeks, including mem- how many times can I say it?—we can- hold money in reserve for emergency situa-
bers of both parties. It is our hope that these not stand here and do nothing. tions, such as cash flow shortages and major
rules are only necessary for a short period of The Constitution has no provision disasters.
time and the House of Representatives can that prohibits this body from doing The city had just recently replenished the
return to their normal functions in a safe
something to avoid a catastrophe of fund after using all $20 million in the wake
manner to help families and workers im-
pacted by this terrible health crisis. not being able to govern this Nation. of Hurricane Harvey. It will not have that
Additional Cosigners: Rep. Ed Perlmutter, My friends who were here during the option if a storm hits Houston this year.
Rep. Andy Levin, Rep. Alan Lowenthal, Rep. heinous tragedy of 9/11 remember that ‘‘The dollars from the economic stabiliza-
Brenda Lawrence. we had a continuity committee and put tion fund are gone,’’ Turner said. ‘‘There is
Sincerely, no rainy day fund.’’
in a provision of the rules under Repub- Under Turner’s plan, the city also would
DANIEL T. KILDEE, lican leadership of what would con-
Member of Congress. draw $83 million from its cash reserves to
stitute a quorum. balance the budget.
But let me say this, my friends. No The city’s tax- and fee-supported general
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES, one is telling you not to be present, but fund, which covers most basic city oper-
Washington, DC, May 13, 2020. what it does say is that we are pre- ations, would spend $2.53 billion under Turn-
Hon. JAMES P. MCGOVERN, pared, we will not panic. We are pre- er’s plan, a decrease of about 1 percent from
Chairman, Committee on Rules, pared in case a catastrophic resurgence the current budget. Despite the narrow
spending cut, the city would be left with a
Washington, DC. of COVID–19 comes in the fall as the
DEAR CHAIRMAN MCGOVERN: Thank you for general fund balance that dips below the
scientists have said. amount required by city ordinance.
your ongoing leadership during this time of And, no, no proxy is going to domi-
crisis. Please see my statement below in sup- Turner said the rule makes an exception
nate this floor. A proxy is directed by ‘‘in the event of economic instability beyond
port of remote voting by proxy:
As the House continues its work during the Member, and they must specifi- the city’s control.’’
this trying time, we must have a safe, secure cally, on each vote, tell you what to Houston is expected to lose nearly $100 mil-
and reliable way of conducting our most es- do. Those directions are specific. lion in sales tax revenue during current fis-
sential duty—passing legislation on behalf of At the same time, no Member is pro- cal year and the one beginning in July, due
the American people. Remote voting by hibited, as I said, from coming to this in part to a precipitous drop in oil prices,
proxy offers a temporary, commonsense solu- along with the closure of bars, restaurants
floor. Eleanor Roosevelt said: ‘‘One
tion that will allow the House to operate and other businesses during the pandemic.
thing I believe profoundly: We make The overall city budget, including services
safely and effectively during this crisis. The
our own history.’’ That is what we are that are funded by dedicated fees and utility
proposal crafted by Chairman McGovern al-
lows committees to continue their important doing. We are making our history so charges, is $5.1 billion, a slight increase from
work remotely, while also providing Mem- that we can serve the American public. the current budget.
bers with the ability to vote on legislation Do you think truck drivers and first The proposed spending plan, which is sub-
without the threat of hacking or undue in- responders want us to collapse and not ject to approval by city council, only says
fluence from bad actors. I stand in strong pass a bill that provides for them so that the city would furlough ‘‘thousands of
support of the proposal and believe it is the they will not be furloughed and fired? municipal employees.’’ At a news conference
best path forward as we continue to confront Tuesday, Turner said the number would be
They want us to do our job.
this pandemic. around 3,000 of the city’s nearly 21,000 em-
Thomas Paine said, ‘‘times that try ployees. The workers would forego 10 days of
Best,
men’s souls.’’ This is a constitutional paying the city roughly $7 million.
CONGRESSMAN HAKEEM JEFFRIES,
Chairman, House Democratic Caucus. process. It allows for us to proceed and Turner did not specify which departments
govern this Nation without an inter- would be required to send workers home
HOUSE OF REPRESENTATIVES, ruption. without pay, though he said the city would
Washington, DC, May 14, 2020. We have seen Members who are not place anyone on furlough from the po-
Hon. JIM MCGOVERN, COVID–19 positive. It can happen to a lice, fire and solid waste management de-
Chairman, House Rules Committee, predominant number of Members. How, partments.
Washington, DC. The city will implement any cuts until the
then, will we respond? We need to re-
DEAR CHAIRMAN MCGOVERN: I write in sup- new fiscal year begins July 1, Turner said.
port of efforts to ensure Members of Con-
spond with the exact idea that has been The bulk of the city’s operating budget is
gress are able to vote on essential legislation promoted and put forward in this reso- devoted to paying roughly 5,200 police offi-
while not physically present in Washington, lution. cers and nearly 3,800 firefighters. Public safe-
D.C. during the coronavirus pandemic. Nu- Let me also acknowledge the fact ty would account for 59 percent of the gen-
merous states, including the Wisconsin Leg- that 36 million have filed for unem- eral fund under the proposal, and usually
islature, and other nations, including the ployment; 85,000 have died. It is pro- about 90 percent of the police and fire de-
British Parliament, have already instituted jected 134,000 will die. That is why we partments’ costs are devoted to personnel.
dlhill on DSK120RN23PROD with HOUSE
successful virtual legislative meeting proce- have done prison dollars. That is why Both departments would see modest in-
dures. creases of about 2 percent in spending under
While I intend to be physically present and
we put the heroes money in so that we Turner’s plan, with police climbing to $930.6
voting this week, I know several of our col- don’t have people seeking to eat. million and the fire department to $516.9 mil-
leagues will be unable to vote in person due Mr. Speaker, I include in the RECORD lion.
to health or travel difficulties. Foreseeing an article entitled ‘‘City Staring Down The departments seeing the biggest cuts in
this eventuality, the Congressional Progres- $169 Million Budget Gap’’ and an arti- their operation budgets include Public
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H2030 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Works ($4.5 million, or 14.3 percent of its So early the next month, on Feb. 10, I held COVID–19 15-minute test recently approved
budget); Parks and Recreation ($10.4 million, a press conference to raise public awareness by the FDA for use in high risk areas like
13 percent); and Solid Waste ($4.5 million, 4.8 on the emerging threat posed. Two weeks urban, rural, and Native American commu-
percent). later, on Feb. 24, I called another press con- nities and environment such as food proc-
Turner’s budget plan could undergo signifi- ference to urge that testing be given the essing, warehouses, production lines or fac-
cant changes, the mayor said Tuesday, if highest priority in battling the spread of the tories;
Congress allows local governments to spend new coronavirus and the sickness it causes 2. Target COVID–19 pandemic aid to com-
COVID–19 stimulus funds to make up for lost called COVID–19. And I continue to cham- munities based upon mortality not just
tax revenue. Houston received $404 million pion testing as the tool that federal, state, known infections;
from the roughly $2 trillion coronavirus tribal and territorial governments must em- 3. Equip health care professionals with
stimulus package and for now is barred from brace to support our COVID–19 economic re- enough PPE to provide home health visits to
spending it on previously budgeted expenses, covery. the elderly who will need more engagement
though city officials may identify some pub- We are at the beginning of May and testing than telemedicine can provide to ensure
lic safety expenses related to the pandemic is still urgently needed. There cannot be fur- their health and welfare;
that can be covered with federal aid, Turner ther delay in acting. If we cannot see 4. Provide 100 percent paid medical leave
said. COVID–19 there is no way to stop it. If we do for persons who themselves or someone in
‘‘More than likely you will see additional not dramatically increase testing, we will re- their household have one or more of the
dollars flowing into this budget in the next main prisoners of COVID–19 until we have a known risk factors that make COVID–19 a
couple of weeks,’’ Turner said. vaccine widely available, which is not ex- deadly threat;
The mayor already is proposing to use fed- pected to occur until early 2021. 5. Implement robust contact tracing efforts
eral COVID–19 funds to cover the city’s As the nation does battle with COVID–19 it to ensure that every infection is tracked and
roughly $10 million annual contract with the is not the role of public policy makers to de- those who may have been infected are identi-
Houston Zoo, which is paid out of the gen- termine acceptable losses of civilian lives. fied; and
eral fund. Turner said he also has directed Although in military battles commanders 6. Prepare contingencies to address public
the fire and police chiefs to determine which must calculate acceptable losses as part of emergencies such as hurricanes, tornadoes
of their recent operations were devoted to battle plans, none of these calculations are and wildfires in conjunction with COVID–19
COVID–19—spending that could be eligible based on the intentional sacrifice of lives. for known seasonal high-risk disaster areas
for federal aid. Any commander thought to have unneces- of the nation, such as along the Gulf Coast,
Democratic lawmakers in Washington, sarily cost the lives of soldiers or civilians the Mid-Atlantic, Tornado Alley and fire-
D.C., also have sought more money for state through their actions or decisions would face prone California and the Caribbean.
and local governments in Congress’ next severe consequences. If the decisions are not A greater commitment to universal testing
stimulus package, though such plans have driven by public health, but by economic in- will save the lives of hundreds of thousands
met skepticism in GPO ranks. terest, this is the wrong calculation. The of people and cost far less than the economic
Even if Congress gives Houston officials economic injury caused by COVID–19 is be- stimulus that is very necessary as the econ-
more flexibility to spend the funds, Turner cause there has been and continues to be in- omy stagnates under the weight of COVID–19
said the $404 million will not cover all the sufficient testing to check its spread. stay at home orders and quarantines. A
city’s COVID–19 expenses and lost revenue. Decisions to open state economies seem to misstep at this point can have dire con-
The city already is projected to spend about want to place responsibility upon small busi- sequences for the lives of families, their chil-
$200 million on testing, contact tracing and ness owners who decide to reopen without dren and the elderly; and result in an even
other health expenses, Turner said, while making clear what the consequences may be deeper impact on the local, state and na-
putting additional funds toward rental as- to them if even one case of COVID–19 occurs tional economy.
sistance and programs to help homeless among their employees or customers. Ms. JACKSON LEE. Mr. Speaker, we
Houstonians. For this reason, I have partnered with need rural, city, local, and State fund-
‘‘The $404 (million), though it seems like a Houston hospitals, local public health agen- ing and $15 million in rental assistance.
big number, it’s not big at all considering cies, local businesses and international cor- We need to do this resolution and pass
the needs that exist,’’ Turner said. ‘‘Just be- porations to promote the provision of com- the HEROES legislation now.
cause we may be able to pull dollars from munity-based COVID–19 testing sites to as- Mr. Speaker, as a senior member of the
what we have received, it doesn’t mean that sist in this critical first step in stopping
COVID–19’s unchecked spread in local com-
Committees on the Judiciary, and on Home-
there will be sufficient dollars to do it.’’
If the federal government does provide munities. land Security, and the Budget, I rise in strong
more money, Turner said his first priority The economic and health security of the support of H. Res. 965, which authorizes the
would be to reinstate the police cadet class- nation hinges on getting testing in every Speaker, in consultation with the Minority
es, which would cost $14 million. Next on the community so that we can shine a light on Leader, to temporarily implement remote com-
list would be eliminating furloughs and re- where COVID–19 is and where it is not mittee proceedings and remote voting in the
filling the city’s reserves. present. The lack of testing early on and the House when she has been notified by the Ser-
Cities across the country already have continued lack of testing is costing trillions
in lost economic output and it will continue
geant-at-Arms, in consultation with the Attend-
slashed large chunks of their payrolls, plac- ing Physician, of a public health emergency
ing workers on furlough, laying off employ- to cost much more as we struggle to save
ees and implementing hiring freezes. As lives through social distancing and providing due to the coronavirus.
many as 1 million municipal workers may be adequate universal access to COVID–19 med- When exercised, that authority lasts for 45
laid off or placed on furlough, according to ical treatment, equipment and PPE to pro- days but can be extended if the public health
the National League of Cities. tect medical personnel as well as essential emergency persists or there is a resurgence.
workers. Mr. Speaker, in the 231 years since the first
[From the Houston Chronical, May 6, 2020] The United States needs to meet or exceed Congress met in New York City on March 4,
the recovery rate of other nations around
UNIVERSAL TESTING FOR CORONAVIRUS IS A 1789, our nation has undergone and over-
NATIONAL SECURITY ISSUE the globe so that our national economy can
benefit as the global economy recovers. This come many crises and challenges, from the
(By Rep. Sheila Jackson Lee) presence of British troops in the capital city
will happen once we demonstrate that our
Most Americans are not fully aware how nation can do the hard work of imple- during the War of 1812, to the Civil War,
up to now the United States has been so ef- menting successful testing, contact tracing World Wars I and II, the Spanish Flu of 1918,
fective at preventing, combating, and miti- and social distance programs. Other nations the Great Depression, and the Great Reces-
gating outbreaks of infectious disease. We including our own will not tolerate reinfec-
have been able to do this because of the ex-
sion of 2008.
tions once they are under control because a Through it all, Americans have persevered
pertise and responsiveness of superb institu- COVID–19 infection anywhere is a threat to
tions, independent agencies and offices and America has flourished because Ameri-
people living everywhere.
throughout the federal government that ef- The virus that causes COVID–19 is less cans do not give up hope or give in to despair.
fectively dealt with Ebola, H1N1, Zika, SARS than five months old and it has rocked the Instead of cursing the darkness, we light
and MERS. world with its arrival. If this new candles.
I was alarmed by news reports in late De- coronavirus is under active transmission in Our national history is one of pride in our
cember 2019 of a new or novel coronavirus. communities, it could continue to evolve. democracy, in a government of, for, and by
By January, the machinery of government This is the reason we must do the hard job of the people, and our willingness to sacrifice to
with its unparalleled ability to project power stopping this virus and do it sooner than keep it and our ability to adapt to changing
dlhill on DSK120RN23PROD with HOUSE
globally, galvanize our allies, and coordinate later.
peer competitors in the field of science and times to sustain it.
There are six actions that can be taken be-
technology should have activated to provide Mr. Speaker, we are now in the midst of
fore the end of the summer to make it pos-
all needed resources and assistance to China sible for children to return to school in the one of those ‘times that try men’s souls,’ as
to contain the disease. This was not a China fall: Thomas Paine put it two centuries ago.
problem; it was a global threat requiring a 1. The president should use the Defense As of yesterday, there were at minimum
global response. Production Act to produce enough of the 4,405,688 cases of COVID–19 across the
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2031
globe and 1,400,500 in the United States, re- Additionally, no Member can serve as a tual session, the first time state lawmakers
sulting in more than 300,000 deaths worldwide designated proxy for more than ten Members. have gathered since the pandemic began in
and more than 84,985 in the United States. Finally, the resolution provides for remote the United States.
The session took place in the Assembly
With just 4 percent of the world’s population, voting through technology during the pan- chamber as usual, but due to concerns about
the United States has one-third of the total demic, after a system is developed and cer- spreading the virus nearly two-thirds of the
COVID–19 cases and nearly 30 percent of tified. body’s 99 members attended via video-
deaths from COVID–19 globally. The resolution directs the chair of the House conference. The Senate was to hold a similar
Mr. Speaker, the necessary measures taken Administration Committee to study the feasi- session on Wednesday to send the bill on to
to slow the pandemic and ’flatten the curve’ so bility of using technology to vote remotely in Democratic Gov. Tony Evers.
as not to overwhelm the nation’s health care the House, and to provide certification upon a It marked the first time in Wisconsin’s 172–
system has also delivered a severe shock to year history that lawmakers convened a ses-
determination that there is operable and se-
sion with members participating remotely.
economic activity in the United States. cure technology for remote voting. Legislative rules require lawmakers to be
Yesterday, the Department of Labor re- After the certification, the chair of the Rules present to debate and vote on bills but a 2009
ported that the number of first-time unemploy- Committee is directed to issue regulations on law allows for virtual sessions during disas-
ment insurance claims exceeded 2.85 million, the implementation of remote voting and the ters.
bring the total number of unemployed to 36 Speaker is then authorized to notify the House One section of the Assembly gallery was
million, shattering by orders of magnitude all that Members may cast their votes remotely open to the public, with only 14 seats avail-
previous marks. during the public health emergency period able and each spread out 6 feet apart. Public
So, Mr Speaker, it is essential that this Con- seating, also 6 feet apart, was available in
covered by the resolution. the Capitol rotunda with speakers and TVs
gress act and act now to put in place measure Mr. Speaker, in this moment of national cri- tuned to WisEye, the Legislature’s version of
that will address the public health crisis, stem sis Americans are looking to their government C-SPAN. Two large TV screens, tuned to
the economic onslaught, and ameliorate the to be there for them and enact policies and Skype, were set up on the Assembly chamber
suffering and deprivation of individuals and take action that will see us through this pan- floor. About 35 members sat in the chamber,
communities. demic as safely and as quickly as possible. all spaced several seats apart. Many rows
But requires that we first ensure that the To ensure that the House, the first branch of were empty. Several pages wore face masks,
Congress discharge the duties delegated it the co-equal but preeminent body vested by as did Assembly Minority Leader GORDON
under the Constitution in a way that does not HINTZ. He was the only Democrat on the
Article I with the power to investigate, legis-
needlessly endanger Members, their staff, or floor.
late, and appropriate in further of the general The session got off to a slow start as Chief
any of the thousands of Capitol Hill personnel. welfare and national defense, remains able to Clerk Pat Fuller tried to call the roll. Law-
That is the purpose and intent of H. Res. discharge its constitutional duty, I urge all makers joined from their kitchens, Capitol
965; to allow Members from across the coun- Members to join me in voting to pass H. Res. offices and home offices and struggled to
try to continue legislating on behalf of the 965. unmute themselves and register their at-
American people while adhering to the advice Mr. COLE. Mr. Speaker, I yield 1 tendance before Fuller moved on to the next
of medical experts and protecting public minute to the gentleman from Wash- legislator. Some seemed amused at the
health. setup, smiling and waving to the camera.
ington (Mr. NEWHOUSE), my good friend
First, the resolution authorizes remote com- Others initially appeared befuddled, appar-
and former Rules Committee member. ently unable to hear or to figure out how to
mittee proceedings during the pandemic. Mr. NEWHOUSE. Mr. Speaker, I
During the public health emergency period, be heard. Roll call votes took minutes as
thank the gentleman for yielding. Fuller asked each lawmaker individually for
committees are authorized to hold virtual hear- Article I, section 5 of the United his or her vote. In a normal world voting is
ings, markups, and depositions so Members States Constitution states that only a almost instantaneous as lawmakers signal
can perform oversight, conduct fact-finding, majority can constitute a quorum in their votes from their seats with the touch
and prepare legislation for the House floor. order to do the business of the people’s of a button.
Committee chairs can choose to hold en- House. As a former member of the
Moments before adjourning for a 10–minute
tirely virtual proceedings, with Members par- receess, Speaker Pro Tempore Tyler August
House Rules Committee, I have a deep warned lawmakers not to touch their laptops
ticipating from any location, or they can hold appreciation and a commitment to the
proceedings in the hearing room with some during the break because if they discon-
precedence and procedures of this hal- nected themselves they wouldn’t be able to
Members participating remotely. lowed body. log back in. Assembly Speaker Robin Vos,
Members participating remotely will count one of the few legislators on the floor, said
But under this democratic proxy vot-
towards a quorum and be able to vote. setting up the virtual session was ‘‘ex-
ing scheme before us today, only 22
Committees are required to use software tremely challenging’’ and he hoped the As-
House Democrats would need to be
platforms approved by the Chief Administrative sembly would never have to meet that way
present in this Chamber to pass any
Officer (CAO) for remote participation. again.
Second, H. Res. 965 authorizes and imple- and every single bill moving forward. The process smoothed out as the session
ments procedures for remote voting on the This is a forced consolidation of power progressed. The chamber ended up approving
House floor during the pandemic. to a select few insiders, and it simply the bill 97–2.
does not reflect the values of our con- The legislation largely ensures that Wis-
Specifically, the resolution allows for remote
stitution, our history, and our Nation. consin can capture the $2.3 billion coming to
voting by proxy on the House Floor during the the state under the federal stimulus bill, in-
public health emergency period. The constituents of my Washington’s
cluding higher Medicaid payments and un-
All Members voting remotely will be counted Fourth Congressional District did not
employment benefits. The Legislature’s
toward a quorum. vote for their Representative to simply budget committee would be allowed to allo-
After sending a letter to the Clerk desig- defer to a proxy and shirk the duties of cate up to $75 million in funding during the
nating a proxy, Members are permitted to vote serving as a U.S. Representative. public health emergency and up to 90 days
remotely on any vote. Mr. Speaker, the American people de- after it ends.
Members voting remotely will be given 24- serve more, and I urge a ‘‘no’’ vote on The measure also would waive the state’s
hours’ notice before any final passage vote to this terribly ill-advised and unconsti- one-week waiting period to receive unem-
tutional resolution. ployment for anyone who applies between
ensure they can secure a proxy if they have March and Feb. 7, 2021; ban certain insurers
not yet designated one. Mr. MCGOVERN. Mr. Speaker, I yield
from prohibiting coverage based on a
Mr. Speaker, it is important to emphasize myself such time as I may consume. COVID–19 diagnosis; ease licensing and
that this is not a general proxy, rather proxies I insert in the RECORD an April 14 AP credentialing for health care workers; reduce
must receive exact written instruction from the news article entitled, ‘‘Wisconsin As- nurse training hour requirements; and
Member voting by proxy on each vote and are sembly OKs Virus Bill in First Virtual render health providers immune from civil
required to follow that instruction precisely. Session.’’ liability for services provided during the
To ensure transparency, a list of designated [From the Associated Press, April 14, 2020] pandemic. Local municipalities also could
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proxies will be posted on the Clerk’s website choose to defer their residents’ property tax
WISCONSIN ASSEMBLY OKS VIRUS BILL IN
payments.
and a list of Members voting remotely will be FIRST VIRTUAL SESSION
Evers’ administration has been working
printed in the CONGRESSIONAL RECORD fol- (By Todd Richmond) closely with Vos and Senate Majority Leader
lowing each vote. MADISON, WIS. (AP).—The Wisconsin As- Scott Fitzgerald on the bill. The governor
In addition, Members’ votes will be read sembly overwhelmingly approved a sweeping did not say Monday whether he supported
aloud during the vote. coronavirus relief bill Tuesday during a vir- the bill, saying he had not reviewed it, but
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H2032 CONGRESSIONAL RECORD — HOUSE May 15, 2020
he hoped it wouldn’t be the last action taken The set of emergency rules was approved ing huge chunks of money it would otherwise
by the Legislature to offer aid during the Monday, but only after a heated, partisan collect now into next fiscal year.
pandemic. dispute that started when House minority That appeared to already be happening.
Nineteen states had allocated more than $3 leader Bradley H. Jones blocked the rules Massachusetts tax revenues plummeted last
billion to respond to the pandemic as of Fri- package, arguing that it effectively limited month, dropping more than 50 percent below
day, according to the National Conference of how often most representatives would be al- what the state collected at this time a year
State Legislatures and the Wisconsin Policy lowed to speak. ago. The $1.98 billion in taxes the state col-
Forum. He had accused DeLeo of using the crisis to lected in April—typically the biggest tax
As of Tuesday, COVID–19 had killed 170 ‘‘achieve more power,’’ while the Winthrop month—was more than $2 billion below state
people in Wisconsin and infected more than Democrat lashed out at what he called the projections.
3,500. Among those who contracted the virus Republicans’ ‘‘recklessness and fiscal irre- ‘‘A staggering number to say the least,’’
and recovered is Democratic state Rep. sponsibility.’’ (The House couldn’t pass the Michlewitz said.
David Bowen, of Milwaukee. borrowing bill unless the House held a for- So, after Garlick and Representative Todd
Vos and Hintz were the only lawmakers mal vote.) Smola, a Warren Republican, spoke in sup-
who spoke about the bill prior to the vote. Jones and DeLeo ultimately agreed to a re- port of the bill, DeLeo teed up a roll call.
Hintz said the Legislature should be pre- vision this week that allows some Repub- Minutes later, he documented the 157–0 tally
pared to return to work on further legisla- licans, including Jones, more chances to to officially move the bill to the Senate,
tion that helps Evers deal with the pan- speak during legislative debates under the where leaders are weighing their own rules
demic. new rules, which could remain in effect until to hold a remote session.
‘‘We should make sure we are listening, en- as late as January. ‘‘Congratulations,’’ DeLeo said to rep-
abling and supporting and giving (the Evers Such back-and-forth was largely absent resentatives watching and listening in. And
administration) the flexibility to manage from Wednesday’s otherwise smooth session, he rapped the gavel to close the session.
this crisis,’’ he said. ‘‘I refuse to admit this though it included some awkward but harm-
is all we can do as a state.’’
Mr. MCGOVERN. Mr. Speaker, I in-
less hiccups as lawmakers adjusted to their sert in the RECORD an April 1 Courier
But Vos cautioned against giving Evers new remote reality.
‘‘blank checks’’ as the virus wreaks ‘‘eco- Shortly before DeLeo opened the session, a Journal article entitled, ‘‘Kentucky
nomic carnage’’ on the state’s finances. He voice fluttered through on the livestream. House Dramatically Limits In-Person
said he was disappointed the bill didn’t ‘‘Hello?’’ a lawmaker asked. Voting on Bills Due to Coronavirus
freeze state spending in fiscal year 2020–21 Another voice quickly cut in, informing Concerns.’’
and lamented that state workers will still him he had accidentally called a number [From the Louisville Courier Journal, Apr. 1,
get an automatic 2% raise. connected to a microphone within the cham-
‘‘We have to be just like a family were the 2020]
ber. ‘‘You’re actually dialed into the rostrum
credit card use is limited,’’ Vos said. ‘‘Think KENTUCKY HOUSE DRAMATICALLY LIMITS IN-
line,’’ he was told.
before we spend. Make investments that are PERSON VOTING ON BILLS DUE TO
Later, when Representative Denise Garlick
wise but not wanting.’’ CORONAVIRUS CONCERNS
called in to speak on the borrowing bill, a de-
Mr. MCGOVERN. Mr. Speaker, I in- layed feedback from the session was audible (By Joe Sonka)
sert in the RECORD a May 6 Boston over the livestream—trailing the chamber by FRANKFORT, KY.—For the first time in the
Globe article entitled, ‘‘For the First several moments and causing Garlick to history of the Kentucky General Assembly, a
Time in 400 Years, Mass. Lawmakers pause for several moments after DeLeo rec- large majority of House members voted on
ognized her. bills remotely by texting photos of their
Vote Remotely.’’ When she wrapped her testimony, a long paper ballot via phone.
[From the Boston Globe, May 6, 2020] pause again settled over the line, and the The move is part of rule changes adopted
FOR THE FIRST TIME IN 400 YEARS, MASS. phrase ‘‘[Audio difficulties]’’ popped up on Wednesday out of concern about the
LAWMAKERS VOTE REMOTELY the livestream feed. coronavirus pandemic.
(By Matt Stout) ‘‘Is the representative finished with her re- The change was agreed on by leadership of
With lawmakers dialing in from across the marks?’’ DeLeo eventually asked. the Republican majority and Democratic mi-
state, the Massachusetts House of Represent- ‘‘Yes,’’ Garlick said. nority of the House in order to keep mem-
atives on Wednesday voted remotely for the Representative Harold P. Naughton was bers from being in close proximity on the
first time in the body’s near 400-year history, the only lawmaker not to cast a vote, but floor of the chamber, as the number of con-
and officially relaunched formal lawmaking the Clinton Democrat had a good excuse: A firmed cases of COVID–19 in Kentucky con-
amid the novel coronavirus pandemic. lieutenant colonel in the Massachusetts tinued to increase.
The historic session, which lasted roughly Army National Guard, he was activated On Monday, lawmakers learned that a leg-
an hour, included one substantive vote: a roughly a month ago and is reporting to islative staffer had tested positive for the
157–0 roll call approving a bill that would Hanscom Air Force Base through May 31, he coronavirus, though no legislators had an-
allow the state to borrow billions of dollars said Wednesday. nounced testing positive as of Wednesday.
over the next eight weeks to help pay its ‘‘I’ve been pushing back information that I In a press release announcing the rules
bills. feel my colleagues need from the vantage change shortly before the House gaveled in
It came amid a surreal scene. As a smat- point of the National Guard,’’ he said in a on Wednesday, House Speaker David
tering of people, including House Speaker phone call, adding he did listen to the ses- Osborne, R–Prospect, said the pandemic is a
Robert A. DeLeo, held court in a mostly sion. ‘‘It was pretty historic.’’ historic challenge to the state, and his
empty chamber, dozens of representatives The Legislature owes its roots to Colonial chamber ‘‘is willing to take equally historic
called in to a network of conference call times, when the ‘‘General Court’’ gathered steps to meet our Constitutional obligations
lines, where other lawmakers gathered and for the first time in 1629 in London and later to the people of Kentucky.’’
recorded their votes. became the government of the Massachu- ‘‘I appreciate the support of our Caucus
A livestream offered a view inside, showing setts Bay Colony. Amid its various members, House Minority Leadership, and
a half-circle of stanchions surrounding the iterations, members have met in person to our staff in making it possible to use every
rostrum to separate DeLeo, House clerk cast votes, and House leaders initially ques- tool available to us in order to finish our
Steve T. James, a court officer, and others— tioned whether the state’s constitution even work’’ Osborne stated.
all of whom were wearing masks—from the allowed it to conduct remote voting. In order to adopt the rules change to allow
rows of seats where representatives would The House’s emergency rules try to limit remote voting, House leadership allowed
otherwise be stationed. who could be in the chamber to DeLeo and members to enter in groups of 25 to cast
Where they actually were ran the gamut. Jones; Aaron Michlewitz, DeLeo’s budget their vote as present and in favor of amend-
Representative William Driscoll Jr., a Mil- chairman; eight ‘‘monitors’’ who would tally ing the rules.
ton Democrat, tweeted a photo from his car votes from members on conference call lines; Under the rules change, members could
parked in the Blue Hills Reservation, the and a few other Republicans, Democrats, and text a photo of their paper ballot vote to des-
livestream playing from a phone propped up staff. ignated members of their party who re-
on his dashboard. Representative Tram T. The bill the chamber passed Wednesday al- mained on the House floor and cast their
Nguyen shared a picture of her logged in lows the state treasurer to borrow any ‘‘nec- votes.
from a kitchen countertop. Representative essary’’ amount this fiscal year and pay it Following the approval of the rules change,
Susannah Whipps showed off a plate of vege- back by June 2021. Donning a gray mask, members voted 89–1 to adopt Senate Bill
tables on her Twitter feed. Michlewitz said from the House floor that 249—freezing the pension contribution rate of
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House leaders discussed for weeks how to the amount could be ‘‘in the range of $3 bil- local government employers—in a nearly
relaunch formal legislative sessions amid the lion,’’ though it will depend on how the empty chamber.
spread of COVID–19, after spending the bet- state’s finances weather the pandemic. The three Democratic leadership members
ter part of two months moving bills through The legislation was first filed by Governor remained on the floor as vote designates,
informal gatherings with no debate and Charlie Baker amid fears the state could face while three Republicans remained as vote
where a single ‘‘no’’ vote could stall legisla- a budget gap after pushing its April 15 tax designates along with Osborne and two other
tion. filing deadline into July, potentially divert- GOP members of leadership.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2033
Two Democratic House members—Reps. [From the Washington Post, Apr. 22, 2020] Then his Zoom link went dead.
Terri Branham Clark and Nima Kulkarni— U.K.’S ZOOM PARLIAMENT LAUNCHES WITH A Raab said, ‘‘I got the gist,’’ and answered
were seen casting their votes on the bill from FEW GLITCHES BUT SHOWS VIRTUAL DEMOC- anyway.
their cars in the parking lot outside the Cap- RACY MAY WORK FOR A WHILE Legislatures around the world are sorting
itol Building. (By William Booth) out how to proceed during the pandemic.
Part of the reason Democratic leadership Some—such as the German Bundestag and
agreed to the change was a pledge they re- LONDON.—Britain’s extraordinary first
Irish Dail—are continuing to meet in person
ceived from Republicans that the House ‘‘Parliament via Zoom’’ proceeded Wednes-
but with social distancing measures. Can-
would take up only vital budget and revenue day in rather ordinary fashion, with the
ada’s Parliament is trying a mix of in-person
bills on the floor Wednesday, and not unre- usual barbed questions and artful evasion by
and virtual, while the U.S. House of Rep-
lated bills. politicians, plus the addition of awkward
resentatives is fighting over a proxy voting
After the passage of SB 249, Rep. Chris Har- views of oversize chins and bookshelves
proposal.
ris, D–Pikeville, entered the chamber and staged as backdrops.
The Brits showed that it was possible to
spoke in praise of Osborne’s move to change Everything was the same, and everything
carry on.
the voting rules—noting that two weeks ear- was a little odd.
Breaking 700 years of tradition, the British The Guardian newspaper’s Andrew Sparrow
lier he spoke on the floor denouncing House observed: ‘‘PMQs without 400-odd MPs in the
Parliament has agreed to serve as a cradle of
Republicans’ decision to remain in session chamber makes everything quieter, calmer,
virtual democracy—to allow members to
and vote on bills that were not related to a more intelligible and more grown-up. . . .
continue to debate, vote and legislate, but
state budget or responding to the Without the jeering and the aggro, it lacked
via video conferencing app, from the safety
coronavirus crisis. gladiatorial edge, and frankly it was prob-
‘‘I thank you for taking these historic and of their own homes, for the duration of Brit-
ain’s coronavirus lockdown. ably a bit more boring than the old PMQs.
unprecedented measures to protect not only But boring is a much underrated virtue in
On Wednesday, there were a few minor
our members, but our families and commu- governance.’’
technical hiccups. Some lawmakers’ heads
nities,’’ Harris said. ‘‘I was critical when I Raab was questioned pointedly about the
were cropped at the eyebrows by the bad
felt you weren’t getting it right, so I want to government’s performance during the out-
framing. Their mics were sometimes too
be just as vocal in complimenting you break.
close or too far away, or the Internet connec-
today.’’ Labour lawmaker Barry Gardiner stated
tion bad, and so voices sounded tinny or muf-
The House later used the same voting that the government’s scientific advisory
fled or like Darth Vader.
method to approve a one-year state budget group on emergencies recommended a
But all in all, for no rehearsals? Not a bad
for the executive branch and other appro- lockdown at the end of February. ‘‘The gov-
opening matinee.
priations and revenue bills that passed the For centuries, it has been essential for ernment claims it has followed scientific ad-
Senate earlier in the day. members of Parliament to be present in the vice,’’ he said. ‘‘But it hasn’t, has it?’’
Mr. MCGOVERN. Mr. Speaker, I re- Houses of Commons or Lords to vote. That’s Starmer asked Raab how it will be possible
serve the balance of my time. why special ‘‘division bells’’ ring out in to go from the current 18,000 coronavirus
Mr. COLE. Mr. Speaker, I yield 1 Westminster’s offices and committee tests a day to the 100,000 promised by the
minute to the gentleman from Wis- rooms—and many bars—alerting lawmakers government by the end of the month.
consin (Mr. GROTHMAN), my very good they have eight minutes to enter their lob- Raab sought to correct Starmer, pointing
bies, before doors are bolted shut. out that the ‘‘capacity’’ stands at 40,000.
friend.
Now, instead, they will get a ping on their Starmer wasn’t having it. ‘‘I didn’t need
Mr. GROTHMAN. Mr. Speaker, I will correcting because I gave the figure for ac-
mobile phones.
bring up three things that are very Britain is trying out ‘‘hybrid proceedings,’’ tual tests being carried out, which is 18,000,’’
wrong with proxy voting that I don’t where up to 50 lawmakers can be in the he said.
think have been brought up today. House of Commons—spaced six feet apart on At the end of the session, Raab was asked
First of all, one of the problems we the green leather benches—while another 150 by a Labour lawmaker if Britain would be
have in this building is, even though of the 650 members can join by Zoom. ‘‘drawn into the U.S. president’s disgraceful
we all represent 700,000 people, there Wednesday’s premiere featured the weekly vendetta against the World Health Organiza-
are some Congressmen who are a great thrust-and-parry session known as ‘‘Prime tion.’’
Minister’s Questions,’’ or PMQs. President Trump has cut off funding to the
deal more powerful than others, and WHO because he says the international body
Foreign Secretary Dominic Raab stood at
this bill will greatly increase the power the despatch box in place of Prime Minister sides too closely with China, where the virus
of leadership. Boris Johnson, who is recovering from the first exploded onto the scene.
Right now, people run into each bout of covid–19 that put him in the hospital Raab said Britain supported international
other in the halls, talk to each other in for a week. efforts and was a ‘‘leading player, whether
the Cloakroom, question parts of the In the sparsely populated House of Com- it’s on vaccines or supporting vulnerable
bill, and sometimes question leader- mons, Raab was quizzed by the new leader of countries, in helping to get through what is
ship’s narrative. This bill says every- the opposition Labour Party, Keir Starmer, a global crisis.’’
who was prosecutorial in his questioning, in- He said the WHO has ‘‘has a role to play.
body is going to be back at home,
sisting the government was slow to order a It’s not perfect, no international institution
which greatly strengthens the power of lockdown, slow to do widespread testing for is—we do need to work to reform it. But we
leadership because people aren’t the virus and slow to get vital protective made clear we consider it an important part
around to question the bill. gowns, masks and visors into the hands of of the international response.’’
Secondly, it lessens bipartisanship. front-line medical workers. Mr. MCGOVERN. Mr. Speaker, break-
When we are gone, we do have con- Speaker Lindsay Hoyle called on law- ing 700 years of tradition, I also insert
ference calls with other Republicans, makers by swiveling his head toward what in the RECORD a March 26 Politico arti-
but I find I talk to Democrats much appeared to be a TV monitor and shouting a
version of: ‘‘We are now going over to Ste-
cle entitled, ‘‘Corona-era European
more when we are in this building; and Parliament: Empty Chamber and E-
phen Kinnock. STEPHEN KINNOCK!’’
by taking people out of this building, Shouting at a television being a time-hon- Voting.’’
you will decrease bipartisanship as you ored tradition everywhere. [From the Politico, Mar. 27, 2020]
make proxy voting the norm. And then Kinnock, a Labour lawmaker CORONA-ERA EUROPEAN PARLIAMENT: EMPTY
Finally, you are penalizing the press. from Wales, popped on the screen for those CHAMBER AND E-VOTING
We should all be available to the press watching on Parliament TV—including
Washington Post reporters—from their (By Maı̈a De La Baume)
after these votes so they get a variety
homes. The chamber was almost empty, even for a
of perspectives. We are going to work presidential address. One lawmaker wore a
At one point, Hoyle shouted for David
our way down to the point where it is Mundell, a Scottish Conservative, who didn’t face mask. And deputies voted remotely for
the Speaker and a few other Democrats answer. the first time in the assembly’s 62-year his-
around, and the press are not going to ‘‘Unable to connect,’’ the speaker said, per- tory.
be able to talk to us all. It is an insult haps creating a new meme, like the famous Welcome to the European Parliament in
to the press. ‘‘orrrrrder, orrrrder!’’ from past days. So the age of social distancing.
Mr. MCGOVERN. Mr. Speaker, I yield they moved on. The Parliament’s special one-day plenary
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In another exchange, Peter Bone, a Con- session on Thursday, held to pass a series of
myself such time as I may consume.
servative from Wellingborough, was com- corona virus emergency measures, was a
I insert in the RECORD an April 22
plaining about his constituents having to mixture of the strange, the surreal and the
Washington Post article entitled, live off their overdraft accounts. ‘‘What on historic.
‘‘U.K.’s Zoom Parliament Launches earth is going on?’’ Bone demanded. ‘‘When Only a handful of the Parliament’s 705
With a Few Glitches But Shows Virtual are the banks going to work in the nation in- members sat in the hemicycle chamber in
Democracy May Work for a While.’’ terest and . . .’’ Brussels. The rest were scattered across the
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H2034 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Continent, following via video-link and vot- Parliament President David Sassoli, back members in an empty room,’’ Charanzova
ing by email from their home countries. in the building following a fortnight working said. ‘‘It’s ridiculous to see the Commission
When European Commission President Ur- from home after a visit to his home country there, and some MEPs. We should have gone
sula von der Leyen delivered a speech chas- of Italy, called the session ‘‘special and completely digital for this plenary and for
tising EU member countries for thinking atypical.’’‘‘It is the first time that a demo- all future plenaries until the crisis is over.
only of themselves at the start of the crisis, cratic parliament uses remote participation, Mr. MCGOVERN. Mr. Speaker, I re-
she stood meters apart from any aides and this has never happened before,’’ Sassoli told serve the balance of my time.
MEPs. MEPs after a first round of emailed votes. Mr. COLE. Mr. Speaker, I yield 2
Parliament President David Sassoli, back ‘‘The European Parliament is called on to
minutes to the gentleman from Oregon
in the building following a fortnight working experiment with things in this way at a mo-
from home after a visit to his home country ment for great danger for our citizens.’’ (Mr. WALDEN), my good friend and the
of Italy, called the session ‘‘special and As experiments go, this one was quite rad- distinguished ranking member and
atypical.’’ ical. former chairman of the Energy and
‘‘It is the first time that a democratic par- The Parliament’s regular plenary venue of Commerce Committee.
liament uses remote participation, this has Strasbourg has been abandoned for the next Mr. WALDEN. Mr. Speaker, I thank
never happened before,’’ Sassoli told MEPs few months, at least. As much as the Par- my friend from Oklahoma, the current
after a first round of emailed votes. ‘‘The Eu- liament has a physical home at all right
now, it’s Brussels.
Republican leader of the Rules Com-
ropean Parliament is called on to experi- mittee, for yielding.
ment with things in this way at a moment Plenary sessions are normally four days
long. But on Thursday everything was We are in unprecedented times, and
for great danger for our citizens.’’
As experiments go, this one was quite rad- crammed into a one-day marathon to push unprecedented times do call for unprec-
ical. through three coronavirus-related measures, edented actions. But using these times
The Parliament’s regular plenary venue of including freeing up 37 billion in EU funding to smash a wrecking ball into the foun-
Strasbourg has been abandoned for the next for member governments and temporarily al- dation of democratic lawmaking by
few months, at least. As much as the Par- lowing airlines not to use their slots at air-
making government more remote,
liament has a physical home at all right ports.
Some of the Parliament’s usual quirks more isolated from the people by dra-
now, it’s Brussels.
were suspended—such as the ‘‘catch the eye’’ matically centralizing even more
Plenary sessions are normally four days
long. But on Thursday everything was procedure whereby MEPs signal to the presi- power with those few at the top in the
crammed into a one-day marathon to push dent that they wish to speak, and the blue majority while giving the range of the
through three coronavirus-related measures, cards raised to indicate a wish to question a House to fewer than 25 Members who
including freeing up 37 billion in EU funding fellow member. show up with votes, with proxies,
Fewer ushers than usual roamed the cham-
for member governments and temporarily al- seems like a return to boss politics.
ber and they kept their distance from one
lowing airlines not to use their slots at air- This is not to say there is never room
another. Interpreters sat alone in their
ports. for improvement in the way the House
Some of the Parliament’s usual quirks booths, rather than being crammed in with
colleagues. Journalists were advised to stay conducts its business.
were suspended—such as the ‘‘catch the eye’’
procedure whereby MEPs signal to the presi- away and watched via video stream. Mr. Speaker, 10 years ago, I led the
Among the few MEPs who attended in per- transition effort for House Repub-
dent that they wish to speak, and the blue
son, Fulvio Martusciello of Italy wore a licans, and we looked at ways that we
cards raised to indicate a wish to question a
large white face mask. A Spanish MEP sport- could modernize Congress and improve
fellow member.
ed a new beard, perhaps a result of personal
Fewer ushers than usual roamed the cham-
confinement.
its operations.
ber and they kept their distance from one But I knew these were matters not to
In the Parliament, MEPs usually vote by
another. Interpreters sat alone in their be taken lightly and we needed an in-
raising their hands or by pushing a button on
booths, rather than being crammed in with clusive, bipartisan approach, and I
their desks to give their verdict on dozens or
colleagues. Journalists were advised to stay
away and watched via video stream.
more amendments before adopting a final took great care to solicit input from
legislative proposal. Democrats and Republicans alike. We
Among the few MEPs who attended in per- But on Thursday they considered only a
son, Fulvio Martusciello of Italy wore a even put up a suggestion box.
few amendments as legislation was rushed
large white face mask. A Spanish MEP sport- What we did was good work. The
through under an emergency procedure. And
ed a new beard, perhaps a result of personal they voted from all across Europe by print- changes were relatively small, but the
confinement. ing out a form, then signing, scanning and process was robust. Unfortunately, the
In the Parliament, MEPs usually vote by reverse is true of this proposal.
emailing it to the Parliament.
raising their hands or by pushing a button on For some, such technological advances ‘‘Regular order,’’ ‘‘accountability,’’
their desks to give their verdict on dozens or were long overdue. ‘‘transparency’’—for the most part—
more amendments before adopting a final ‘‘Corona drags the European Parliament
legislative proposal. ‘‘bipartisanship,’’ these are words that
into the 21st century,’’ tweeted Dutch cen-
But on Thursday they considered only a govern the Energy and Commerce Com-
ter-left MEP Lara Wolters, above a picture
few amendments as legislation was rushed of her smiling as she signed a ballot paper. mittee, the Republicans and Demo-
through under an emergency procedure. And Bulgarian center-right MEP Eva Maydell crats. As the Republican leader of the
they voted from all across Europe by print- also endorsed the innovation. But, she added, Energy and Commerce Committee, I
ing out a form, then signing, scanning and ‘‘this way of voting is only feasible for single am concerned what this proposal
emailing it to the Parliament. votes. We need another solution for longer means for the committees.
For some, such technological advances votes.’’ How do we preserve the rights of all
were long overdue. Some MEPs apparently doubted their col-
The chamber was almost empty, even for a leagues were up to the challenge of the new
Members on both sides of the dais from
presidential address. One lawmaker wore a system. German Green MEP Rasmus top to bottom as we Zoom through
face mask. And deputies voted remotely for Andresen asked his fellow lawmakers on hearings and markups?
the first time in the assembly’s 62-year his- Twitter not to ‘‘send your votes to all col- How do we preserve the integrity of
tory. leagues (dont push the ‘‘reply all’’ Button). the proceedings?
Welcome to the European Parliament in It’s good to be transparent, but i dont want What if there is a technology failure?
the age of social distancing. to receive about 2000 emails with your votes What if somebody makes a mistake
The Parliament’s special one-day plenary in my inbox today.’’ (No older MEPs shot using the technology, like accidentally
session on Thursday, held to pass a series of back by criticizing his lack of apostrophes or
coronavirus emergency measures, was a mix-
muting another Member or them-
use of upper and lower case letters.)
ture of the strange, the surreal and the his- Other MEPs complained about formatting
selves? Haven’t we all, by now, experi-
toric. issues with the first ballots that were sent to enced the inadequacies of video confer-
Only a handful of the Parliament’s 705 them, including trouble converting the docu- encing?
members sat in the hemicycle chamber in ments into a PDF if they were using Apple No serious legislator can believe that
Brussels. The rest were scattered across the devices. remote hearings, remote meetings, and
Continent, following via video-link and vot- Dita Charanzova from the centrist Renew remote markups are improved by these
dlhill on DSK120RN23PROD with HOUSE
ing by email from their home countries. Europe group told POLITICO the Parliament changes.
When European Commission President Ur- should have gone entirely digital and regret- Moreover, this rules change further
sula von der Leyen delivered a speech chas- ted that staff such as ushers had to attend,
tising EU member countries for thinking given that people are meant to be staying at
dehumanizes our processes. We all
only of themselves at the start of the crisis, home for health reasons. know social media has become a cancer
she stood meters apart from any aides and ‘‘We are now a digital Parliament, no one on civility. Further distancing Mem-
MEPs. should have to take a risk just for a few bers will not improve our relationships.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2035
Think of what gets worked out between shares that view, Ms. PELOSI shares and say ‘aye’ or ‘nay.’ ’’ And when C–
Members here on the floor or in the that view, Mr. MCCONNELL shares that SPAN was introduced: Oh, my. How
committees. view. radically that would change the House.
We need more bipartisan dialogue in But when that is not possible because I reject, I say again, that this is any
this country, not less, so I urge my it poses a mortal danger—86,000 plus of kind of radical change. What it is is the
Democratic colleagues to withdraw our fellow citizens have died because use of technology to accommodate the
this proposal and work with us to pre- they contracted COVID–19. It poses a crisis we confront.
serve the great democratic traditions mortal danger to the health of Mem- We had many productive discussions
of the U.S. House that will work in this bers, staff, press, and the public, and through our bipartisan task force, and,
challenging time. therefore, we must provide an alter- Mr. Speaker, I thank Mr. COLE, I thank
native way to do the people’s business. Mr. DAVIS, I thank Minority Leader
b 1345 MCCARTHY. I congratulate JIM MCGOV-
Now, let me say that we had a bipar-
Mr. MCGOVERN. Mr. Speaker, I yield tisan task force. At the first task force ERN, the chairman of the Rules Com-
myself such time as I may consume. meeting, RODNEY DAVIS, Republican mittee, for his fairness and for his at-
Mr. Speaker, I have been inserting from Illinois, said, ‘‘We want the Con- tentiveness to everybody’s position.
various articles into the RECORD show- gress to be able to work.’’ We didn’t reach agreement. I am
ing other States and other parliaments My colleague said that, cynically, we sorry that we didn’t reach agreement.
and congresses across the world oper- could observe that perhaps for those But we took a lot of the ideas that our
ating remotely to prove a point that it who may not be able to garner a major- friends on the Republican side of the
can be done. ity for what we pass, perhaps they aisle suggested. They were good sug-
I don’t know whether my Republican don’t want us to work. gestions, and we incorporated them in
friends are just intimidated by tech- I hope that is not the case. what we are doing.
nology. I mean, listening to some of I know the administration does not We are including in this resolution
them, I think they think bifocals are a want us to do oversight, but that is our the requirement that any software
radical idea. But the bottom line is: We responsibility. platforms are to be approved by the
can do this. This resolution will enable the House chief administrative officer, so some
The United States Senate had a re- to conduct its work in full without technology that is not accepted or
mote hearing, and it worked out just risking the health and safety of Ameri- proved to work would not be used, and
fine. cans and communities across the coun- allowing committees to hold hybrid
The bottom line is that we are in the try from which Members come and to hearings, which I just referred to, with
middle of a health crisis, a pandemic, which they will return. both remote and in-person participa-
and we need to make sure that we can It allows committees to use remote tion simultaneously.
continue to do our work in a safe and However, Mr. Speaker, we were un-
technology to conduct hearings and
orderly way. able to reach a consensus on adopting
mark up legislation, technology al-
I mean, if I were cynical, I would 21st century tools that would allow the
ready in use safely and effectively by
think the reason my Republican House to meet its constitutional re-
millions of Americans, including the
friends are against this is to make sure sponsibilities during this emergency,
Supreme Court, nine people who have
we don’t do anything. And I get it. which is why Democrats are bringing
decided they ought to be separated and
They may not like the fact that we are this resolution to the floor today.
are therefore doing what has never I hope, however, with this resolution
trying to address the needs and the been done in history. It is not a revolu- now on the floor, that Republicans will
concerns of the American people, but tion. They are using technology to do join us in voting for it, and I urge them
we are going to do this, and I hope we the same thing they could do in the to do so.
get a bipartisan vote on this. hearing chamber of the United States If, in fact, you want the Congress to
Mr. Speaker, I yield 1 minute to the Supreme Court, period. be able to act and exercise our respon-
gentleman from Maryland (Mr. HOYER), The United States Senate, as so sibilities, you will vote for this rule,
our distinguished majority leader. many of my colleagues have observed, because it simply enables us to do what
Mr. HOYER. Mr. Speaker, I thank held a virtual hearing. The chairman we have historically done: held hear-
the gentleman for yielding. was not there. He was quarantined. The ings, voted on bills, brought them to
Mr. Speaker, I want to remind us witnesses were not there. They were the floor, had amendments, and passed
today of President Lincoln’s words to quarantined. them, the only difference being that
Congress. He said this: ‘‘The dogmas of Now, there were, as Mr. MCCARTHY there will be some people, maybe many
the quiet past are inadequate to the has suggested, Members in the hearing people, who will be doing so, as tech-
stormy present. The occasion is piled room. So it is what Mr. MCCARTHY re- nology enables us to do, virtually.
high with difficulty, and we must rise fers to as a hybrid hearing. This rule We know that remote technologies
with the occasion. As our case is new, provides for that. work, because the committees have al-
so we must think anew and act anew.’’ It will also permit the use of proxy ready been using them to hold meet-
So said President Abraham Lincoln. voting on the House floor and takes ings, host forums, and engage in dis-
So it is today. steps toward adopting remote voting cussions about legislation.
This occasion is piled high with dif- once a platform has been deemed se- Many State legislatures, Mr. Speak-
ficulty, but we must rise to the occa- cure. er, and foreign parliaments have al-
sion. Our challenges are piled high, and I had hoped that Democrats and Re- ready adopted these technologies suc-
this House must rise to meet them. publicans could move forward with cessfully. By the way, one of them is
We find ourselves in new and unprec- such changes on a bipartisan basis. Kentucky, for what it is worth.
edented circumstances, so, Mr. Speak- I absolutely reject any theory that The Washington metro area is still
er, we must think anew and act anew. the character of the House is being experiencing a high rate of infections,
The House has a duty to the Amer- changed by this rule, absolutely reject which has not yet peaked.
ican people to do its job, even in a cri- it. My friend is shaking his head, ‘‘No, So our doctor, on whom we have re-
sis like this one that nobody on this it is.’’ lied for some of our health needs, says
floor has ever experienced. The House Nothing changes. The same people the best practice would be not to come
has a duty to the American people to vote, the same issues will be consid- together in one room, whether it be a
do its job, especially in a crisis like ered, the same witnesses will be heard, committee room or the floor of the
this. the same committee rules will be fol- House, but would be to have people
dlhill on DSK120RN23PROD with HOUSE
Let me say at the outset, Mr. Speak- lowed. The only thing that changes is have the opportunity to vote remotely.
er—I want my colleagues to hear me on the technology that is available to us. That is why the Capitol physician
this—that there is no substitute for By the way, when that board was lit has cautioned us against bringing
personal interaction of Members in a up, there were some who people Members to Washington.
committee room or on the House floor. thought that was a radical change: ‘‘I At the same time, more than half of
I share that view, Mr. MCCARTHY ought to be able to stand on the floor those employed here as staff or support
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H2036 CONGRESSIONAL RECORD — HOUSE May 15, 2020
workers commute to the Capitol com- a bipartisan piece of legislation ena- together. We have done a lot in the last
plex on public transit, and they are bling this body to work in an effective few weeks, and to suggest that we
concerned. We have an obligation to way, albeit virtually. would deliberately sabotage the oper-
protect them and their families as well. ation of the House simply because we
b 1400
This change is not permanent. This is disagree with you is wrong.
to meet a temporary catastrophe that Mr. Speaker, I want to thank Chair- Quite frankly, doing nothing is bring-
confronts our country which we have woman LOFGREN from the House Ad- ing a bill to this floor—which you are
not seen the likes of for over a century. ministration Committee and Chairman getting ready to do in H.R. 6800—that
It will not advantage or disadvantage MCGOVERN from the Rules Committee you know the Senate won’t pick up and
either party. There is no partisan ad- for their tireless efforts on this resolu- you know the President won’t sign.
vantage in this rule; none, zero, zip. tion, and I want to thank all of the That is doing nothing.
It does not fundamentally alter the Members who have been patient while We have proven that working to-
nature of the House or how it operates. we negotiated with Republicans gether we can do a lot. All we ask is,
Let me repeat that. It does not fun- through the bipartisan task force, hop- let’s return to that.
damentally alter the nature of the ing to produce a resolution that was bi- Mr. Speaker, I yield 2 minutes to the
House or how it operates. partisan in its authorship. gentleman from Alabama (Mr. ROG-
Having said that, there is a very fun- ERS), the distinguished ranking Repub-
There is no dangerous precedent
damental difference. I understand that. lican Member on the Homeland Secu-
here, only a commonsense solution to
Mr. COLE, at the hearing, offered a rity Committee.
an unprecedented crisis that demands Mr. ROGERS of Alabama. Mr. Speak-
our ingenuity and adaptability as an scholar’s opinion that it would be un-
constitutional to do this. Mr. MCGOV- er, I thank my good friend from Okla-
institution. homa for yielding.
Now, I said it hasn’t happened for ERN offered another scholar’s opinion
Mr. Speaker, I rise in strong opposi-
more than a century. 1918, during the that it was fully constitutional to do
tion to H. Res. 965. This blatant, par-
Spanish flu, they passed many, many this.
tisan move to fundamentally alter the
pieces of legislation with two or three If that is the fundamental difference,
way the House and committees operate
people on this floor. I understand. But it is not because it
completely undermines the rights of
Perhaps my colleagues on the other radically changes the way this House the minority and over 200 years of
side of the aisle think that is better works or radically changes the votes of precedent.
than the 432 others by technology say- the majority or the minority, or radi- As ranking member of the Homeland
ing, ‘‘I vote aye,’’ ‘‘I vote nay,’’ wheth- cally in any other way changes this Security Committee, I am particularly
er it is in committee or, frankly, on House of Representatives to a body concerned how this resolution over-
this floor. that is not represented. This resolution rides the rules of our committee. At
Indeed, to paraphrase Lincoln: This remains bipartisan in its ideas, and I the beginning of the Congress our com-
is how to think anew and act anew. hope it will be bipartisan in its adop- mittee negotiated with the majority a
That is all we are doing. tion. set of rules that protected minority
We need to have a system in place Once it has passed, I would ask my rights. Now those rules are being
not only to deal with the current cri- colleagues to familiarize themselves thrown out and replaced by regulations
sis, but future emergencies, including with its new proxy voting requirements written by the chairman of the Rules
the possibility that another surge of and to adhere strictly to them. That Committee, regulations that the mi-
COVID–19 is going to happen this fall. will allow the Clerk’s office to more ef- nority first saw only hours ago.
If we fail to act now, as we failed to fectively fulfill its role of recording I don’t understand why Speaker
act after 9/11, we may be in a lot of and counting Members’ votes with ut- PELOSI doesn’t trust her chairmen and
trouble come September, without the most accuracy. chairwomen to negotiate with their
capacity to join us all together in this Again, Mr. Speaker, I urge all of my ranking members on ways to accommo-
Chamber, but still with the capacity to colleagues to join me and many others date committee business during this
join us all together and participate in supporting this resolution and per- pandemic. But, apparently, she just
pursuant to the rules of this House, mitting the House to do its work safely doesn’t trust them.
even though we do so virtually. and in compliance with social and One of the things that concerns me
This resolution isn’t just about physical distancing practices urged by most about this resolution is that
adopting remote working tools for the all of our medical personnel. nothing guarantees that Republican
House. It is about ensuring that the Mr. COLE. Mr. Speaker, I yield my- Members are going to properly be noti-
House of Representatives, the people’s self such time as I may consume. fied and able to fully participate in vir-
House, conducts its constitutional du- Mr. Speaker, I have been extraor- tual committee hearings. That may
ties of policymaking and oversight ef- dinarily restrained in this debate be- sound petty to you, but, unfortunately,
fectively and safely. cause I have a lot of speakers that need on my committee, it is already the re-
I am not sure the executive depart- to have time on the floor to express ality. For the last 2 weeks, Homeland
ment is shedding any tears that we are their feelings. Sometimes when the Security Democrats have been holding
other side repeatedly says things that virtual hearings without notifying Re-
not here.
are either out of context or deserve a publican Members. To make matters
Hear me: It is about making sure
worse, they restricted participation to
that our system of checks and balances rebuttal, you have got to respond. To
only a handful of their Members. I fear
remains fully in place by keeping the my good friends on the other side who
this resolution will only further em-
House functioning to the full extent of have cited the Senate committee, they
power the misconduct on my com-
its abilities even, as I said, it does so know in negotiations we said we would
mittee and cause it to spread to others.
virtually. be happy to do exactly that. We just Worst of all, this is being done for
Frankly, when I say something to want markups to be in person. So the short-term benefit of the majority,
people on some of this technology, please don’t use the Senate committee and not the American people.
whether it is Zoom, FaceTime, Teams, as if we somehow were opposed to that. Mr. Speaker, I include in the RECORD
WebEx, or any other technology of that Second, my friend said we are intimi- a letter from all ranking members op-
type, very frankly, when I am looking dated by technology. We are not in- posing this resolution.
at TOM COLE on that, as we did a couple timidated by technology. Heavens. WASHINGTON, DC,
of times, I see him on the screen, I We respect tradition and we think May 14, 2020.
know it is TOM COLE, and when TOM there is a better way to do this. As my Hon. STENY H. HOYER,
dlhill on DSK120RN23PROD with HOUSE
COLE says something, I know that that friends know, we moved toward them Majority Leader of the House,
is what TOM COLE is saying. in the course of that discussion. Washington, DC.
DEAR MAJORITY LEADER HOYER: We write
There is no secrecy here. There are Finally, my very good friend, the in regards to H. Res. 965, which proposes par-
no smoke and mirrors. There is no ad- chairman, said this was a plot maybe tisan changes that facilitate remote and vir-
vantage to either party by this. That is to do nothing. We have passed four bi- tual committee operations while the House
why I do not understand why this isn’t partisan pieces of legislation working remains in recess.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2037
When the Majority first released proposed mittee on Science, Space and Tech- cially for older Americans and especially so
rule changes a few weeks ago, we couldn’t nology; Sam Graves, Ranking Member, when large numbers of people congregate
possibly imagine it could get any worse for House Committee on Transportation closely together physically, which is a char-
the House as an institution. Yet, somehow, and Infrastructure; Kevin Brady, Re- acteristic of Congress. As the congressional
the Majority managed to write an even more publican Leader, Committee on Ways & physician noted, meeting together in the tra-
egregious package of rules changes and Means; Garret Graves, Ranking Mem- ditional way is currently dangerous for law-
seems hellbent on pushing these changes ber, Select Committee on the Climate makers, their staffs, all those working in the
through without bipartisan consensus. Crisis; Tom Cole, Ranking Member, Capitol complex, and all those they come
Upending more than 200 years of precedent House Committee on Rules; Steve into contact with. Travel on common car-
through partisan fiat will jeopardize the de- Chabot, Ranking Member, House Com- riers like airlines or trains is also dangerous,
liberative process of the House of Represent- mittee on Small Business; Phil Roe, and it is possible that airlines will be shut
atives and our ability to represent our con- Ranking Member, House Committee on down or curtailed enough that lawmakers
stituents. The House will be in session this Veterans’ Affairs; Devin Nunes, Rank- back home would not be able to get back to
week with debate being held and votes being ing Member, Permanent Select Com- the Capitol if there were an urgent need to
cast. If the whole House can conduct busi- mittee on Intelligence; Tom Graves, meet to act for the benefit of the American
ness while adhering to health guidelines, Ranking Member, Select Committee on people.
then so too can our Committees. the Modernization of Congress. So the steps you have proposed, along with
The work of committees should be Majority Leader Hoyer and House Adminis-
prioritized to ensure that we are producing Mr. ROGERS of Alabama. Mr. Speak-
tration Chair Lofgren are thoughtful, bal-
thoughtful legislation to support the con- er, many of my constituents are show- anced and sensitive to the need to create a
tinuing response to COVID–19 and to foster a ing up to work every day; from grocery plan to meet and vote remotely, while also
robust economic recovery for the American store clerks, to nurses, doctors, police- understanding that this is a big step, given
people. Properly prioritizing this work will men, and first responders. If the House both the traditions of the House and the im-
ensure greater flexibility in scheduling and had the resolve and the courage to do peratives built into the Constitution. You
increase our ability to follow all applicable the same, we wouldn’t need this par- commendably recognize that this first set of
health guidelines. steps should be temporary, triggered only
Congress has already demonstrated that tisan resolution. This is disgraceful. I
urge all Members to vote ‘‘no.’’ when absolutely necessary, and can and
we can come together during this crisis to should be followed by additional action when
address the needs of the American people. Mr. MCGOVERN. Mr. Speaker, I yield we are confident that there are secure and
Unfortunately, many of the proposed myself such time as I may consume. usable technologies to allow remote voting,
changes in H. Res. 965 are only necessary if Mr. Speaker, I include in the RECORD remote debate and deliberation, remote
you seek to move partisan measures or legis- a May 13 letter from Norman Ornstein, markups in committees, and so on. And you
lation un-related to the COVID–19 response. a current resident scholar at the Amer- have pledged that you will write regulations
The proposed resolution gives unilateral that will balance the needs of majority and
authority to Chairman McGovern to deter- ican Enterprise Institute in support of
our plan here. minority, be transparent, and avoid the
mine how committees manage their busi- kinds of manipulation that can occur with
ness. Currently, committees are required to MAY 13, 2020.
DEAR CHAIRMAN MCGOVERN: I want to com- unlimited proxy voting.
vote to ratify proposed committee rules, but I hope the House, in a bipartisan fashion,
this new superpower will allow a single Mem- mend you for the careful and thoughtful re-
port you have issued and on which the House will endorse your plan and make sure we
ber of the House to determine the rules of have a functioning House throughout this
the road for all without amendments and will soon act to provide the first important
and meaningful steps to allow the House to terrible crisis, to do what the Framers ex-
without a vote. pected from the people’s house, and to pro-
The issuance of a subpoena and conducting operate during a dire emergency that may
leave large numbers of members unable to tect the interests and liberties of all of us.
a deposition are serious matters. To allow Sincerely,
remote depositions underscores how work and be present in the Capitol to meet,
vote and do other important business, in- NORMAN ORNSTEIN,
unserious H. Res. 965 truly is. A deposition is Resident Scholar,
an important tool for committees to use and cluding crafting and marking up legislation
and doing important oversight. The American Enterprise Institute.
it should not be subject to the uncontrolled
environment of an untested virtual setting. As you know, I have been focused since 9/ Mr. MCGOVERN. Mr. Speaker, in re-
The rights of the Minority in the House 11 on making sure we have a functioning sponse to the gentleman who just
must be protected. Without the ability to en- Congress at times of emergency; Congress is spoke, I don’t know what he is talking
sure the rights of our Members are secured, the first article in the Constitution, the first about, but there is nothing in this
we cannot support your efforts and will op- branch, for a reason, and it is essential for package that we are presenting that
pose any attempt to alter the rules. our freedom and our system of democracy
As Ranking Members of all standing and that it be working and acting at all times,
would undermine minority rights. I am
select committees, we oppose this partisan but especially during crises. The alternative happy to urge him to have his staff
assault on the rights of the House Minority is government by executive fiat, or no gov- contact ours, but what he is talking
and our ability to effectively represent the ernment at all. That spurred the creation of about has nothing to do with what we
American people. the Continuity of Government Commission, are discussing here today.
Sincerely, co-chaired by the late Lloyd Cutler and I reserve the balance of my time.
Michael Conaway, Ranking Member, former Senator Alan Simpson, and which I Mr. COLE. Mr. Speaker, I yield 1
House Committee on Agriculture; Mac have served as senior counselor. minute to the distinguished gentleman
Thornberry, Ranking Member, House My first interests, of course, stemmed from
from Illinois (Mr. BOST), my very good
Committee on Armed Services; Vir- the terrorist attacks in 2001, but they were
ginia Foxx, Ranking Member, House broadened by the anthrax scare that followed friend.
Committee on Education and Labor; shortly thereafter. If it had been more di- Mr. BOST. Mr. Speaker, I thank my
Kenny Marchant, Ranking Member, rected and concerted, it could have resulted friend from Oklahoma for yielding to
House Committee on Ethics; Michael in widespread deaths and incapacitations of me.
McCaul, Ranking Member, House Com- lawmakers in the House and Senate, mean- Mr. Speaker, the American people
mittee on Foreign Affairs; Rodney ing no quorum to meet the express Constitu- are sacrificing on the front lines. It has
Davis, Ranking Member, Committee on tional requirement and therefore no Con- already been discussed about the truck
House Administration; Kay Granger, gress for months or longer. That set of drivers, the nurses, and all of that.
Ranking Member, House Committee on events also meant that in our Continuity of I was going to go on to that, but then
Appropriations; Steve Womack, Rank- Government Commission, we had to consider
ing Member, House Committee on the the possibility of a crisis that could include
when I sat on this floor and listened to
Budget; Greg Walden, Ranking Mem- a bio-attack, a pandemic, or a natural dis- things that were being said—remem-
ber, House Committee on Energy and aster. One of the things we discussed and ber, I come from the State of Illinois
Commerce; Patrick McHenry, Ranking considered, especially reflecting the interest where over a long period of time, about
Member, House Committee on Finan- of your colleague Jim Langevin, was the 35 years, we have seen small moves
cial Services; Mike Rogers, Ranking need to have a capability for Congress to de- that sounded so good at the time, giv-
Member, House Committee on Home- bate and vote remotely if members were ing all of their power to the Speaker—
dlhill on DSK120RN23PROD with HOUSE
land Security. scattered across the country and could not all of their power given away, which is
Jim Jordan, Ranking Member, House meet together face to face in the Capitol or
Committee on Judiciary, House Com- another designated forum.
not what our Founding Fathers said.
mittee on Oversight and Reform; Rob Unfortunately, Congress, in the nearly 20 Mr. Speaker, the sponsor of this bill
Bishop, Ranking Member, House Com- years since 9/11, took no significant steps to has said on several occasions that he
mittee on Natural Resources; Frank deal with these issues. Now they are back in would like to insert this statement
Lucas, Ranking Member, House Com- a very serious way. COVID–19 is deadly, espe- into the RECORD and this article into
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H2038 CONGRESSIONAL RECORD — HOUSE May 15, 2020
the RECORD. Well, they do not change The Constitution here did not catch Mr. BYRNE. Mr. Speaker, I was lis-
the facts of Article I, Section 5 that are the virus. Why are we voting on a tening to the majority leader talk
so clear, that this is unconstitutional. measure here to basically suspend it? about a statement that Abraham Lin-
I hope for the sake of the people who These rules have been in place since ba- coln made. He made it in his annual re-
I represent or the people who each one sically 1789. port to the Congress on December 1,
of us represent that the Members will Mr. Speaker, our constituents elected 1862. In that message, he proposed one
stand against this proposed rule, a rule us to come to Congress and do our job of the dumbest ideas that has ever been
that gives more power to one person in- and be their voice in Washington, D.C. put forth in this Congress and that
stead of the individuals that we have This would only mute their voice. was: instead of freeing the enslaved
here the way it was originally set up. Just as ballot harvesting in my State people in this country, we would round
Mr. Speaker, as I direct my com- has led to some shady and even fraudu- them up and put them on boats and
ments toward you and the Chair, I lent outcomes, Members of Congress take them back to Africa. That is what
would like to say this: If you believe should not have to be here to be pos- was in his message.
that I, as a Member, am going to give sibly coerced by certain other Members He talks about the tired dogmas of
up by proxy the ability to represent my to how their votes should be shaped. the past. The Constitution is not
720,000 people, it will not happen. We need to be able to show up. It is not dogma. It is the fundamental law of
Mr. MCGOVERN. Mr. Speaker, the that hard, really, at the end of the day. this country.
good news is that the gentleman We have a higher calling to come b 1415
doesn’t have to give anything up. here and do our job and be present to
have these interactions, to have these Remember, on December 1, 1862, this
Mr. Speaker, how much time re- Congress was in this room. Fifty miles
mains? conversations, especially when we are
talking about possibly $3 trillion of away, 10 days later, a fierce and awful
The SPEAKER pro tempore. The gen- battle took place in Fredericksburg,
tleman from Massachusetts has 11⁄2 new spending that is going to be debt
for the grandkids that we are still try- with 18,000 casualties. If it hadn’t been
minutes remaining. The gentleman winter, the Confederate Army could
from Oklahoma has 81⁄2 minutes re- ing to be helpful to in our future gen-
erations. have come here and taken this build-
maining. ing. Yet, they continued to meet here,
Mr. MCGOVERN. Mr. Speaker, I re- I urge a ‘‘no’’ vote on this and we
need to stop and think of what we are through pandemics of yellow fever and
serve the balance of my time. malaria. This was the hottest spot in
Mr. COLE. Mr. Speaker, I yield 1 doing here.
Mr. MCGOVERN. Mr. Speaker, I re- the country for typhoid fever for over
minute to the distinguished gentleman 15 years, and the Congress still met in
serve the balance of my time.
from Ohio (Mr. LATTA), my very good Mr. COLE. Mr. Speaker, I yield 1 this room.
friend. minute to the distinguished gentleman Millions of Americans go to work
Mr. LATTA. Mr. Speaker, I thank my from Arkansas (Mr. WESTERMAN), my every day, doing their jobs, and they
friend for yielding. very good friend. expect us to do the same. Instead of
Mr. Speaker, I rise in opposition to Mr. WESTERMAN. Mr. Speaker, why adopting this very ill-considered rule,
H. Res. 965, which is a flagrant dis- is it not too big of a health concern to we should all get to Washington, do our
regard to the Constitution and House call us back from all across the coun- jobs, and take care of the American
traditions. try to vote on a useless messaging bill people.
Proxy voting has previously been de- Mr. MCGOVERN. Mr. Speaker, I re-
that will wither on the vine outside
liberated in this body. In 1970, an serve the balance of my time.
this Chamber, but it is too much to ask Mr. COLE. Mr. Speaker, I yield 1
amendment was offered to ban all us to come back and hold committee
forms of proxy voting in committees. It minute to the gentleman from the
hearings? great State of Pennsylvania (Mr.
argued committee members should be Proxy voting shouldn’t happen; not
present in person to listen to debate, PERRY).
now, not ever. If Members of Congress Mr. PERRY. Mr. Speaker, this isn’t
discuss, and vote. Proxy voting tends are unwilling to do their job, they
to add to the cloud of suspicion hang- about changing the rules to get things
should step down and let someone else done. This is about changing the rules
ing over Congress. do it. If politicizing a process weren’t
The use of proxy voting on important to hide what is done and who has done
enough, the Speaker is now weakening it.
bills gives up a Member’s voice and the core foundations of Congress. This rule would change what is going
adds to the appearance of secrecy. In Already, House Democrats have dem- to happen shortly here, which is a bill
1974, an amendment was offered to en- onstrated their expertise at crafting that provides another $1 trillion to
tirely ban proxy voting. It was adopted partisan bills behind closed doors. And State and local governments in addi-
by this House but later overturned by on the Natural Resources Committee, tion to the funds provided under the
the Democratic Caucus. A CRS report they have been holding partisan virtual CARES Act. Now, much of the $1 tril-
gave the opponents’ views to proxy vot- hearings disguised as roundtables with lion already sent to the States has yet
ing by stating that it contributes to no Republican input. to be spent.
the domination of committee chairs, I will concede to my colleagues Take my home State of Pennsyl-
contributes to absenteeism, and de- across the aisle that proxy voting will vania, Mr. Speaker, where the Gov-
tracts from the care necessary to for- keep the process moving: the wrong ernor there has withheld CARES Act
mulate sound legislation. process, the wrong direction, and for funding and extorted the counties to go
A history maxim states that he who all the wrong reasons. I am not only along with his indefinite shutdown, the
forgets the past is condemned to repeat concerned about how we will be voting; untimely deaths of hundreds and thou-
it. Learn from our past and vote ‘‘no.’’ I am also concerned about what we will sands in nursing homes, and the bank-
Mr. MCGOVERN. Mr. Speaker, I re- be voting on. ruptcy of many of our citizens.
serve the balance of my time. Is the plan now for a handful of Mem- This unnecessary and unconstitu-
Mr. COLE. Mr. Speaker, I yield 1 bers to come back to D.C. every other tional mandate has resulted in 1.8 mil-
minute to the distinguished Member week to vote on yet another messaging lion Pennsylvanians losing their jobs.
from California (Mr. LAMALFA), my bill from the Speaker? This is wrong We are fifth in population, number one
good friend. and none of us should stand for it. Re- in unemployment, and one or two in
Mr. LAMALFA. Mr. Speaker, I thank publicans are ready to get back to real untimely deaths in nursing homes.
my colleague from Oklahoma for yield- work. I ask Speaker PELOSI to please Despite all the CARES Act funds
ing. quit playing games with the rules and that we have already given, 41 days is
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Mr. Speaker, our Founders used to let us do our jobs. what it takes, on the average, for
ride days on horseback, on wagons, and Mr. MCGOVERN. Mr. Speaker, I re- somebody to receive unemployment
through unkind conditions to get to serve the balance of my time. benefits run by the State.
D.C. to do their jobs for all of us at the Mr. COLE. Mr. Speaker, I yield 11⁄2 More money isn’t going to help any-
time. We only have to brave TSA lines minutes to the distinguished gen- thing here, Mr. Speaker, not one more
and occasionally delayed flights. tleman from Alabama (Mr. BYRNE). cent.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2039
Mr. MCGOVERN. Mr. Speaker, I re- A PLAN FOR THE PEOPLE’S HOUSE provisional occupancy levels—with an eye
serve the balance of my time. FOUR STRATEGIES TO REOPEN CONGRESS AND towards possible reconfigurations to accom-
Mr. COLE. Mr. Speaker, I yield 1 RESTORE AMERICA’S VOICE modate physical distance.
Additionally, measures should be explored
minute to the gentleman from the (By Kevin McCarthy) to engineer temporary controls or barriers in
great State of Michigan (Mr. Benjamin Franklin once said, ‘‘If you fail locations where physical distance is difficult
WALBERG). to plan, you are planning to fail.’’ to achieve, as is currently happening in gro-
Mr. WALBERG. Mr. Speaker, I had Recently, we called on Speaker Pelosi to cery stores and other places of public accom-
an experience just last week, in a vir- establish a clear, safe, and effective plan for modation across America. For example,
tual hearing, when it came my turn to reopening the House of Representatives. This plexiglass dividers could be installed in high
follows the White House and America’s gov- trafficked areas, like security checkpoints,
push the ‘‘mute off’’ button on the
ernors releasing their own detailed plans for or possibly in committee hearing rooms
microphone, it didn’t work. I was a phased reopening of society, and now, both along the dais to provide further separation
passed over. Then, when I texted in to the United States Senate and Democratic between members.
find out why, I was told, basically: Speaker of the California State Assembly STRATEGY 2: EMPLOY A PHASED RETURN WITH
That is too bad. We will catch you at calling their members back into session. COMMITTEES
the end. In the interim, a bipartisan taskforce has Just as our states are employing a phased
The only place for us to be in this been convened—on which we are all serving— reopening approach, Congress should do so as
Congress is where we are supposed to to further explore ways in which Congress well—beginning with committees and sub-
be, and that is here. We ought to be can operate during this challenging time. committees as the engines of regular order.
While differences remain, it has become Currently, the average total membership
doing our work together. clear through our initial meetings that all of a standing House Committee is approxi-
Let me read you a quote from Gen- members of our taskforce share several fun- mately 40 members, with average sub-
eral Omar Bradley, a famous general damental beliefs. committee membership in the teens.
who understood the cost of leadership. First, the business of the People’s House is Each committee should present an outline
He said, of the Athenians: ‘‘essential work’’ that must not be sidelined to the Majority Leader detailing their pro-
In the end, more than they wanted free- or ground to a halt. jected business meetings for the month
dom, they wanted security. They wanted a Second, there is intrinsic value in a Con- ahead, along with estimated attendance lev-
comfortable life, and they lost it all—secu- gress—a physical meeting of people and els.
rity, comfort, and freedom. When the free- ideas—that should be dutifully guarded. Working backwards, this information
dom they wanted most was freedom from re- And third, any changes to centuries-old could be used to generate a staggered busi-
sponsibility, then Athens ceased to be free. rules and precedents of the House should be ness calendar, with rotating use of larger
done in a deliberate and bipartisan way. committee hearing rooms where necessary.
Mr. Speaker, together, we work for As we enter this indeterminate period be- Precedence should be given to bipartisan
the freedom of this country. tween outright mitigation and a return to COVID–19 response measures and other high-
Mr. Speaker, I would submit to you normalcy, everyone recognizes that our typ- priority legislative items, such as the Na-
that if I am not willing to do what is ical ways of doing business will need to ad- tional Defense Authorization Act, Water Re-
necessary to be here, then it is time for just. Simply put, Congress will look and feel sources Development Act, and FY21 appro-
me to consider turning over to some- different. priations measures.
However, we believe there is a pathway for- By directing committees to focus on legis-
body else. I would suggest that that lation that has bipartisan and bicameral ap-
ward that enables the House to fully perform
ought to be for all of us who are privi- peal, we can make the most of each mem-
its key functions without compromising our
leged to represent people in this august shared values or sacrificing bedrock norms. ber’s time and effort, thereby making the
body, which is not like any other par- To that end, we offer four strategies that House more productive.
liamentary body in the world, not like should form the basis of any plan to reopen This system would also ensure greater
a State legislature. This is the U.S. Congress and restore America’s voice. These transparency and regular order for all mem-
bers—as opposed to centralized decision-
Congress. Let’s act like it. strategies are based on the advice of public
health professionals, as well as guidance making by a select group of leadership and
PARLIAMENTARY INQUIRY staff that reduces the role of representative
from parliamentary experts with decades of
Mr. MCGOVERN. Mr. Speaker, I have combined House experience. to merely voting ‘‘yea’’ or ‘‘nay’’ on pre-
a parliamentary inquiry. We believe embracing this approach would drafted proposals.
The SPEAKER pro tempore. The gen- At the start, we do not envision routine re-
achieve the necessary balance between
tleman from Massachusetts will state corded votes occurring in the House every
health and institutional concerns—and hope-
day or perhaps even every session week. In-
his parliamentary inquiry. fully build a more resilient and productive
stead, our voting schedule should be reimag-
Mr. MCGOVERN. Mr. Speaker, the legislative branch in the process.
ined in the near-term, with postponement
gentleman just said that we had an of- STRATEGY 1: MODIFY EXISTING PRACTICES AND authority providing a structure to queue up
ficial virtual hearing in this House. STRUCTURES bills at the end of a week or work period.
I want to know whether or not, under The Rules Committee majority staff report Lastly, regular morning hour time should
the rules that currently exist, is it al- on voting options during the pandemic be restored so all members have the oppor-
lowed for there to be official hearings states: ‘‘By far the best option is to use the tunity give one- and five-minute speeches
virtually or remotely? existing House rules and current practices’’ ( from the House Floor, an essential forum
emphasis original). that has not been available now for over a
The SPEAKER pro tempore. The month.
Already, Congress has demonstrated its
Chair doesn’t advise on committee pro- ability to adapt and to do so responsibly. STRATEGY 3: DEPLOY TECHNOLOGY IN A
ceedings. Earlier this month, the Rules Committee ‘‘CRAWL, WALK, RUN’’ PROGRESSION
Mr. MCGOVERN. Mr. Speaker, I will successfully convened an in-person business The rules change proposal introduced by
take it as there was not a hearing. meeting in accordance with health guide- Chairman McGovern would enable sweeping
Mr. WALBERG. Mr. Speaker, may I lines developed by the Attending Physician use of technology for every element of com-
respond. Education and Labor Com- and Sergeant at Arms. Likewise, over 50 mittee business.
mittee last week. members participated in a hearing on This is concerning for a variety of rea-
Mr. MCGOVERN. Not a hearing. COVID–19 response efforts hosted by the sons—many of which are catalogued in the
Committee on Small Business. And this Rules Committee majority staff report—in-
Mr. WALBERG. Witnesses.
week, the Labor-HHS Appropriations Sub- cluding untested assumptions that members
Mr. MCGOVERN. Mr. Speaker, I re- committee will hold an in-person hearing on have ‘‘reliable, connected technology, knowl-
serve the balance of my time. the coronavirus pandemic. edge of how to use that technology, access to
Mr. COLE. Mr. Speaker, we have Beyond committee business, nearly 400 round-the-clock technical support, . . . [and]
heard a lot today that the Republican members came to the House Floor on April secure connectivity with the capacity to
plan was simply to prioritize testing 23 in an orderly and physically distant fash- transmit potentially large amounts of data,’’
for Members of Congress. Actually, it ion to record their votes on two consecutive just to name a few.
is a great deal more than that, as my measures, a process that Speaker Pelosi From a security standpoint, the House
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friends know. It is much more expan- characterized as having been executed ‘‘fabu- averages 1.6 billion unauthorized scans,
lously.’’ probes, and malicious attempted network
sive and much more complete. Moving forward, we should expand these cyber-connections per month. Earlier this
Mr. Speaker, I include in the RECORD protocols to reduce density and congestion month, our colleagues experienced this kind
the Republican plan authored by the in every facet of our work. of incident firsthand with hackers inter-
distinguished Republican leader, Mr. House office buildings and individual office rupting a House Oversight Committee video
DAVIS of Illinois, and myself. floor plans should be assessed to provide new event multiple times.
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H2040 CONGRESSIONAL RECORD — HOUSE May 15, 2020
In our view, technology should only be de- As Chairman McGovern recently wrote, power and do their job for them when
ployed in a ‘‘crawl, walk, run’’ progression. ‘‘decisions we make today will influence the they could do it for themselves. It
Before we rush to discard over 200 years of choices made in this chamber 100 years from means that they will participate only
precedent, we should require that rigorous now.’’
testing standards be met, ample feedback be We agree—and firmly believe it is our job in legislative theater while shutting
provided, and bipartisan rules of the road be as leaders of our respective parties to ensure your voice out for the real lawmaking
agreed upon and made public to truly safe- the most reasoned voices prevail on this crit- process.
guard minority rights. ical matter, not simply the loudest ones. A virtual Congress would be a Con-
We believe ‘‘hybrid’’ hearings—an idea ini- This pandemic has claimed too many lives gress that is connected to the internet
tially proposed by Democrats on the and livelihoods already. We must not allow but disconnected from the American
taskforce—could serve as a useful proof-of- the institution we are tasked with safe-
people. That isn’t fair to our constitu-
concept to consider, similar to the model guarding to be the next.
currently being used in the United Kingdom Mr. COLE. Mr. Speaker, I yield 1 ents, our colleagues, or our country. It
to facilitate virtual question time in the minute to the distinguished gentleman undermines the very purpose of rep-
House of Commons. from California (Mr. MCCARTHY), who resentative democracy as our Founders
For the purposes of these hybrid hearings,
is the Republican leader of the House designed it.
in-person quorum requirements should re- Roger Sherman, the only Founder to
main in place (most committee rules require of Representatives.
Mr. MCCARTHY. Mr. Speaker, I sign all four great state documents,
only two members be present to hear testi- said, in 1789: ‘‘When the people have
mony), with allowances for committee and thank the gentleman for yielding, and
non-partisan support staff to guide the pro- I thank him for his work, and RODNEY chosen a representative, it is his duty
ceedings and troubleshoot any technical DAVIS’ as well. Unfortunately, it did to meet others from the different parts
problems. For the reasons outlined above, not come to the place where we could of the Union and consult and agree
virtual participation should not become the have a bipartisan agreement. with them to such acts as are for the
default—but should instead be reserved for Now, Mr. Speaker, today isn’t just a general benefit of the whole commu-
members in at-risk categories or who are nity.’’
otherwise unable to travel to D.C.
day for debate. It is also a day for re-
membrance. It is Peace Officers Memo- Sherman was right. Especially in a
Under this proposal, committees that regu-
larly handle sensitive and classified mate- rial Day and the second-to-last day of pandemic, our presence here, our Con-
rials, including Intelligence and Ethics, Police Week. So, before I begin, I want gress together, matters. It matters to
would still be required to meet in-person. to say thank you to everyone who our constituents; it matters to our in-
We cannot recommend using virtual plat- serves as a police officer or is a family stitution; and it matters to all those
forms for committee markups, given the who will come after us.
member of a police officer, including
mountain of unanswered questions regarding This pandemic has claimed too many
how more complex and involved procedural our wonderful Capitol Police and their
families who do an incredible job pro- lives and livelihoods already. We must
maneuvers would work in a remote setting.
tecting this campus, its employees, and not allow this great body that we are
STRATEGY 4: ACCELERATE ACTIVE RISK
its visitors. As the guardians of peace, charged with safeguarding to be the
MITIGATION PRACTICES
they are on the front lines every day. next casualty if you pass this bill.
Thanks to the efforts of the Attending
Despite the danger, they are In fact, aren’t we proving today that
Physician, in coordination with the House
Administration Committee, the fourth strat- undeterred from performing their duty. we don’t need a virtual Congress?
egy has already been set in motion. As the son of a firefighter, I know In the middle of this virus, the House
Personal Protective Equipment (PPE) that they do not do their job for rec- is conducting its business while fol-
kits—including gloves, facemasks, and alco- ognition or praise, but they truly de- lowing the health guidelines. We can do
hol-based hand sanitizers—have been pro- that at a committee level, too.
vided to each member office and committee,
serve our gratitude, especially now. So,
I thank them for everything they do, Our Republican colleagues, Mr. COLE
with additional supplies available on-de- and Mr. DAVIS, had submitted that
mand. from a very grateful Congress.
Hand sanitizing stations are now ubiq- Now, Mr. Speaker, the work of our ‘‘Plan for the People’s House’’ for the
uitous around the Capitol campus—including frontline heroes is the definition of committees to work in a safe manner.
on the House Floor—while enhanced cleaning ‘‘essential.’’ It cannot be done re- It is the only side that has produced a
procedures have become the new standard, motely or by proxy. plan, and it was a bipartisan plan to
with areas ripe for surface contamination Why should Congress be any dif- move forward. It is about more than re-
having been limited or removed. opening a campus. It is about restoring
Staffing has been kept to a minimum
ferent? We are supposed to represent
the people. We should strive to show a America’s voice.
through continued use of teleworking proce-
dures, while the Capitol remains open to level of determination in our impor- We don’t have to choose between the
only members, required staff, and tant work that is worthy of the police health of our Capitol community and
credentialed press. officers we honor today. The American the health of this institution. We can
Even so, these mitigation practices can be people expect us to do our part to de- continue to work in a safe and effective
accelerated in several key ways. feat this virus just like they are doing manner without overturning 230 years
Measured screening procedures should be of constitutional and legislative tradi-
considered, consisting of either selfreported on a daily basis.
Mr. Speaker, Speaker PELOSI said in tion. Remote voting should be the final
medical diagnostic assessments, at-home
temperature monitoring, touchless thermal this exact Chamber just a few weeks and last option, not the first and only.
temperature checks at office entry points, or ago: ‘‘We are captains of the ship. We Unfortunately, rather than allowing
any combination thereof. are the last to leave.’’ the most reasoned voices to prevail on
A uniform ‘‘return-to-work’’ policy—in ac- But proxy voting calls on Congress to this crucial matter, my friends across
cordance with existing CDC guidelines— abandon the ship and be the first to the aisle have surrendered to the loud-
should be adopted for any staffer experi- leave for months or possibly for the est voice.
encing signs of illness. Mr. Speaker, as I look at this reck-
Finally, our ongoing and iterative testing rest of the session. The Speaker is on
regime should be scaled as test availability the brink of launching the most signifi- less proposal, I am reminded of what
increases nationwide. This plan should cant power grab in the history of Con- the great American author James
progress to incorporate asymptomatic ran- gress. It runs counter to 230 years of Fenimore Cooper said in 1838. He said
domized testing, and eventually, FDA au- House rules and even the Constitution. that the most dangerous attacks on
thorized rapid antigen tests. Mr. Speaker, our Founders would be freedom are made by ‘‘the largest
CONCLUSION ashamed that we aren’t assembling. I trustees of authority, in their efforts
We fully appreciate the extraordinary na- want every American to understand to increase their power.’’
ture of the challenge before us. However, what it means for their Member of Con- Mr. Speaker, I believe that is worth
when it comes to fundamentally altering gress to whom they lend their voice in hearing again. It was said in 1838 that
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how the House operates—in this case, poten- the most dangerous attacks on freedom
Washington. It means that you can
tially abandoning the Capitol for the re-
mainder of the 116th Congress under the in- stay home for the rest of the year but are made by ‘‘the largest trustees of
troduced Democratic proposal—every avenue still get paid for the rest of the year. authority, in their efforts to increase
should first be explored that preserves endur- Many Americans will not be paid. their power.’’
ing institutional rules while prioritizing It means that they can let someone Cooper was correct, and that should
member health. else—Speaker PELOSI—consolidate concern each and every one of us
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2041
today. By changing the rules to in- Mr. MCGOVERN. Mr. Speaker, I yield about 1.4 million Americans have already con-
crease the power of a select few, Demo- myself the balance of my time. tracted this deadly virus. To put this in per-
crats will forever alter our institution The distinguished minority leader spective, that’s more than the entire popu-
for the worse. asked the question: Why should we be lation of my hometown, San Jose, California,
That will be the legacy that is left treated differently from anyone else in which is the tenth largest city in the country.
this Congress, a Congress that is a this country? That is actually a very In just three months, more Americans have
voice of people who have lent their good question, and that is why we re- died from the coronavirus than were killed in
voice throughout this Nation to 435 jected his proposal and his idea that all the wars we have fought in more than a
Members that will now shrink to 20. We Members of Congress get preferential half century combined—including in Vietnam,
were warned that the dangers of free- treatment, that we move to the front Iraq, and Afghanistan.
dom will come from those who are the of the line with regard to tests at a According to one model, which the White
trustees of authority. We were warned time when our doctors and our nurses House has relied on, by August of this year
so maybe today would never happen, and our teachers and volunteers in the toll could be as high as 147,000 deaths.
but now we are witnesses of it. In a few homeless shelters and in food banks That’s nearly twice as many as the same
minutes, we will be given the oppor- can’t get a test, but somehow we are so model forecast only two weeks ago.
tunity to make that choice. special that we should move to the At the same time, we face dire economic
Mr. Speaker, will your legacy be front of the line. conditions. In the past eight weeks, more than
what Cooper had warned the Nation We rejected that. And quite frankly, 36.5 million unemployment claims have been
about? I hope it will not. it is one of the reasons why people have filed, and the unemployment rate has quad-
Mr. Speaker, if you are okay with a bad feeling sometimes about Con- rupled, soaring to 14.7 percent. It has pre-
overturning 230 years of tradition and gress because of when they hear those viously been estimated that the nation’s high-
allowing 20 Members to control Con- kinds of suggestions. est ever unemployment rate was 24.9 percent,
gress, then vote for this resolution. Quite frankly, I am ashamed that during the Great Depression in 1933. Yester-
Mr. Speaker, if you enjoy being cut even that idea was brought forward in day, California’s Employment Development
out of the lawmaking process, then a serious way. I know they do this at Department released new data which show
vote for this resolution. the White House, but the idea that we that the unemployment rate in my state may
Mr. Speaker, if you ran to get a title would step ahead of everybody else already be 24.4 percent.
The coronavirus pandemic has affected
but are willing to give your vote in re- doesn’t make any sense.
Mr. Speaker, to hear some of my Re- nearly every aspect of our daily lives, upend-
turn, then vote for this resolution. But
ing businesses and grinding our economy to a
if you think our Congress still matters, publican friends, you would think this
halt. This crisis demands legislative action and
and if you think the people’s voice still House conducts its business today, in
oversight.
matters, then I urge all of my col- 2020, just as it did in 1798. But that is However, the health guidelines issued by
leagues to vote ‘‘no.’’ just not true. A lot has changed these the Centers for Disease Control and Preven-
Mr. Speaker, I know each and every last 230 years, from the way we vote to tion and the advice of the Attending Physician
one of you will honor the police for the way we count a quorum. Americans show that there are significant challenges to
doing their job. Each and every one of are watching and they are listening to the House operating as if nothing has
you will honor all those in the medical this debate live right now because of changed, including the need for social
community for doing their job. I know actions Congress took decades ago to distancing, use of masks or facial coverings,
Members will honor the delivery driv- adapt to new technology. cancelling any gatherings of more than 250 in-
er, will honor the cashier, and will The changes that we are talking dividuals or more than 10 individuals in a high-
honor those who are behind the check about here aren’t permanent ones like risk category, and others.
stands at Home Depot or in the grocery that. These are temporary, to be used Moreover, we are still learning about how
store because Members think what only during this pandemic. Once it is this highly contagious deadly virus is spread
they are doing is essential. over, we go back to working side by and what steps can be taken to mitigate its
I hope that Members look deep in side and in person. further spread. I represent Santa Clara Coun-
their hearts because when they asked State legislatures and governments ty, which experts now believe suffered the first
their constituents to vote for them be- around the world have already acted to death from the coronavirus in the United
cause they believed the job they were make remote voting possible. I really States. But experts did not know until mid-
running for was essential for the Na- don’t know why some people here be- April that a death which occurred on February
tion—because I think it is—I want lieve that this House is somehow dif- 6 was actually a result of the coronavirus.
them to look at their vote. ferent. We can’t afford to let this pan- I am mindful that many people are putting
Because, Mr. Speaker, if you believe demic stop our legislative work in its themselves at risk by working on the frontlines
20 should have the power, if you believe tracks. every day: from doctors and nurses, to police
you should have the title and not do And I would say to the minority lead- officers, firefighters, and paramedics, to transit
the job, and if you believe you should er: We want to do our work, and we workers and truck drivers, among others. As
be paid while you stay home, I think want to do the oversight to make sure the daughter of a truck driver and a cafeteria
we have a difference of opinion. that the administration appropriates cook, I deeply appreciate everything all of
I believe our work is essential, and I the money that we fought to get to the these people are doing to support their com-
believe we are proving we can do it. I American people the right way. munities and the country, even at risk to their
believed the Speaker when she said just Mr. Speaker, I urge my colleagues to own health.
a few weeks ago that we are captains of vote for this bill, and I yield back the However, we in Congress have an option
the ship and that we will be the last to balance of my time. that most of these vital frontline workers do
leave, not the first to abandon it like Ms. LOFGREN. Mr. Speaker, I rise today in not: we can do our work remotely in a safe,
you will today. support of H. Res. 965, a measure to ensure secure, online format. It is clear that we need
A vote for this resolution is a vote to that the House can continue to govern during rules that allow the House to conduct over-
abandon this House, to abandon the the coronavirus pandemic. The proposals be- sight of the coronavirus response, mark up
Constitution, to abandon 230 years of fore us offer new ways to conduct our legisla- legislation, and take votes on the House Floor
tradition. You will still have your tive business. In some respects, they present without needlessly putting Members, Capitol
title. You will have no power. And new tools for governing—but they are within Police, staff, press, and non-partisan institu-
worst of all, your constituents will our authority to implement and they are not in- tional staff at risk.
have no voice. tended to replace our regular order. To the The resolution before us would provide
contrary, they present a fallback option to en- mechanisms to do just that, both at the com-
b 1430
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sure that the House can continue to lead dur- mittee level and on the House floor.
The SPEAKER pro tempore. Mem- ing this crisis, and as the resolution makes A series of events this week prove that the
bers are reminded to address their re- clear, they are intended to be used only during highest levels of our government recognize
marks to the Chair. extraordinary circumstances. the need to adapt our work to the 21st cen-
Mr. COLE. Mr. Speaker, I yield back And there can be no doubt that these are tury—and that we can do so in a safe, secure,
the balance of my time. extraordinary times. We know that to date, and transparent way.
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H2042 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
The Supreme Court—which has long re- tem would use secure email for proxy votes: H. Res. 965 gives us the ability to do that
sisted modest attempts to increase trans- a solid, well known, resilient technology with as we fervently do what is necessary to en-
parency and public access to its pro- very low bandwidth requirements that we un- sure this health emergency passes.
ceedings—heard oral arguments by con- derstand very well from a cybersecurity stand- Mr. PALMER. Mr. Speaker, I rise in opposi-
ference call, as it has done during the pan- point. tion to this usurpation of the rights and re-
demic. Those important cases involve critical These new provisions build on steps we sponsibilities of the members of Congress.
congressional oversight prerogatives. have already taken to expand the use of tech- And I emphasize the responsibilities of every
The Senate held a hearing that included re- nology during the pandemic to promote social member of Congress to do the job they were
mote participation, as it has done during the distancing and other safeguards consistent elected to do. I agree with my colleague from
pandemic. This time, it included an entire with the advice of the Attending Physician and Arkansas Mr. Westerman. If you are not able
panel of witnesses testifying remotely, as well the CDC. to do the job you should consider stepping
as a Chairman and Ranking Member who led For example, last month the Speaker di- aside and letting someone else do the job. No
the hearing remotely, in addition to other Sen- rected the creation of an electronic hopper to one in this House is indispensable . . . no
ators. permit the virtual submission of all Floor docu- one.
For its part, the executive branch recog- ments—including bills, resolutions, co-spon- One of my Democrat colleagues referred to
nized the legitimacy and need for these virtual sors and extensions of remarks—via a dedi- this resolution as our rule, there is not one Re-
proceedings by participating in the pro- cated and secure email system. Since the pol- publican in support of this resolution . . . it is
ceedings of both the legislative and judicial icy took effect, 489 measures have been filed, your rule, not our rule.
branches—including by having high ranking and of those, 482 measures were filed elec- I have heard multiple citations of history.
members of the White House Task Force tes- tronically and just 7 were filed using the old Here is one I would like to cite. Caesar Rod-
tify remotely in a Senate hearing about the process. ney was one of the three delegates from Dela-
Administration’s response. And in my capacity as Chairperson of the ware to the Continental Congress. Despite
Expanding congressional activity online en- Joint Committee on Printing, I directed the suffering from facial cancer and asthma, Rod-
sures that we can continue to act, while re- GPO to accept for publication in the Congres- ney rode 80 miles through a severe storm to
serving precious testing equipment and sup- sional Record extensions of remarks sub- cast his vote for Independence. He did not ask
plies for frontline workers who don’t have jobs mitted with a Member’s electronic signature. one of his Delaware colleagues to be his
that can be performed remotely. Under this new, more convenient system proxy. Despite his condition, he rode all night
The House has not always been quick to Members have filed 356 extensions of re- to cast his vote.
adopt technology to its legislative procedures. I stand in the spirit of Rodney Caesar and
marks by email.
It is not unusual for any institution steeped in all others before us who valued upholding
I represent Silicon Valley, which has be-
history and precedent to resist technological their responsibilities above their own self-inter-
come synonymous around the world for tech-
change. That was the case for the House est and well-being, to call on all members of
nology and the spirit of innovation. We in Con-
when it came to advances like electronic vot- good faith who value this institution to vote
gress must adopt the entrepreneurial spirit and
‘No’ on this resolution.
ing and televising our proceedings—both of openness to new technology that made that The SPEAKER pro tempore. All time
which we take for granted today. The first bill community a global leader and apply it to the for debate has expired.
to permit a form of electrical and mechanical procedural and logistical challenges we face in Pursuant to House Resolution 967,
voting was introduced in 1886, but the House our legislative operations—as well as to a the previous question is ordered on the
did not take its first electronic vote until 1973, strategy to respond to and overcome the resolution.
nearly 90 years later. Similarly, it took more coronavirus. The question is on the adoption of
than 40 years from the time Members of the Ms. ADAMS. Mr. Speaker, the American the resolution.
House first appeared on live television to the people, our constituents, are keeping this The question was taken; and the
time that cameras were allowed to broadcast country afloat during this emergency. Speaker pro tempore announced that
live proceedings on the House floor. They are looking at the representatives to the ayes appeared to have it.
Resistance to technological change for gov- lead—not only through the legislation we de- Mr. COLE. Mr. Speaker, on that I de-
erning has not been unique to the House. The bate and pass, but through the example we mand the yeas and nays.
Senate took another seven years after the set. The yeas and nays were ordered.
House to permit television coverage of its pro- I support H. Res. 965 because it will allow The SPEAKER pro tempore. Pursu-
ceedings, and it still does not permit electronic the House to do the People’s business in a ant to clause 8 of rule XX, further pro-
voting. Even today, the Supreme Court does thoughtful and safe way. ceedings on this question will be post-
not televise its proceedings. We are in the midst of the unprecedented poned.
Yet, as we have seen this week, both of crisis—we cannot operate as if things are f
those institutions have recognized that we are business as usual when all the science tells HEALTH AND ECONOMIC RECOV-
living in extraordinary times, and that it is es- us that ‘‘business as usual’’ could mean hun- ERY OMNIBUS EMERGENCY SO-
sential to change the way they operate. dreds of Members, staff, and employees of the LUTIONS ACT
We can—and we must—act swiftly to en- Capitol get sick.
sure that Congress can continue its legislative We need to change how the People’s Mrs. LOWEY. Mr. Speaker, pursuant
and oversight work online during these unique House operates until we ensure that America’s to House Resolution 967, I call up the
and extraordinary times. Working with Leader frontline workers have access to adequate bill (H.R. 6800) making emergency sup-
Hoyer, Chairman McGovern, and the staffs of testing and PPE—and then can provide that plemental appropriations for the fiscal
the Rules and House Administration commit- same access to Members, staff, and Capitol year ending September 30, 2020, and for
tees, together we have prepared a proposal employees. other purposes, and ask for its imme-
that encompasses two distinct components: Because as we all know—that is the only diate consideration.
remote, directed voting on the House floor, way to dig our way out of this health crisis. The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr.
and remote committee hearings and markups H. Res. 965 would allow Members to des-
BROWN of Maryland). Pursuant to
to ensure that we can continue to develop ad- ignate a proxy to cast floor votes if it’s consid-
House Resolution 967, the amendment
ditional legislative solutions and carry out ered too dangerous to travel to Washington
printed in House Report 116–421 is
oversight of the Administration’s response. and would allow for our Committees to con-
For committee operations, the resolution adopted, and the bill, as amended, is
tinue their work in holding hearings and mark-
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
provides for the use of suitable, secure online considered read.
ing up legislation.
The text of the bill, as amended, is as
platforms for committee proceedings. The in- Over the past two months, Congress has
follows:
tent of the resolution is not to provide an ad- passed 4 bills to provide much-needed relief
H.R. 6800
vantage to either the majority or the minority, to the close to 40 million of newly unemployed
Be it enacted by the Senate and House of Rep-
but to permit committees’ proceedings to have Americans, and the 1.45 million Americans resentatives of the United States of America in
the same status and significance as if they that have tested positive for COVID–19. Congress assembled,
were held entirely in-person. Despite what my friends on the other side of SECTION 1. SHORT TITLE.
For voting on the floor, we will rely on a se- the aisle say, Congress is working and will This Act may be cited as ‘‘The Heroes Act’’.
cure email system, coupled with Member-driv- continue to work to meet the health and eco- SEC. 2. TABLE OF CONTENTS.
en, remotely-directed authorizations. This sys- nomic challenge in front of us. The table of contents for this Act is as follows:
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2043
DIVISION A—CORONAVIRUS RECOVERY DIVISION M—CONSUMER PROTECTION to coronavirus, domestically or internationally:
SUPPLEMENTAL APPROPRIATIONS ACT, AND TELECOMMUNICATIONS PROVISIONS Provided further, That such amount is des-
2020 Title I—COVID–19 Price Gouging Prevention ignated by the Congress as being for an emer-
DIVISION B—REVENUE PROVISIONS Title II—E–Rate Support for Wi-Fi Hotspots, gency requirement pursuant to section
Title I—Economic stimulus Other Equipment, and Connected 251(b)(2)(A)(i) of the Balanced Budget and
Title II—Additional relief for workers Devices Emergency Deficit Control Act of 1985.
Title III—Net operating losses Title III—Emergency Benefit for Broadband RURAL DEVELOPMENT PROGRAMS
DIVISION C—HEALTH PROVISIONS Service RURAL HOUSING SERVICE
Title IV—Continued Connectivity RENTAL ASSISTANCE PROGRAM
Title I—Medicaid Provisions Title V—Don’t Break Up the T–Band
Title II—Medicare Provisions For an additional amount for ‘‘Rental Assist-
Title VI—National Suicide Hotline Designation
Title III—Private Insurance Provisions ance Program’’, $309,000,000, to remain available
Title VII—COVID–19 Compassion and Martha
Title IV—Application to Other Health Programs until September 30, 2021, to prevent, prepare for,
Title V—Public Health Policies Wright Prison Phone Justice
and respond to coronavirus, for temporary ad-
Title VI—Public Health Assistance Title VIII—Healthcare Broadband Expansion
justment of wage income losses for residents of
During COVID–19
DIVISION D—RETIREMENT PROVISIONS housing financed or assisted under section 514,
DIVISION N—GIVING RETIREMENT 515, or 516 of the Housing Act of 1949, without
Title I—Relief for Multiemployer Pension Plans
OPTIONS TO WORKERS ACT regard to any existing eligibility requirements
Title II—Relief for Single Employer Pension
Plans DIVISION O—EDUCATION PROVISIONS AND based on income: Provided, That such amount is
Title III—Other Retirement Related Provisions OTHER PROGRAMS designated by the Congress as being for an
DIVISION E—CONTINUED ASSISTANCE TO Title I—Higher Education Provisions emergency requirement pursuant to section
UNEMPLOYED WORKERS Title II—Other Programs 251(b)(2)(A)(i) of the Balanced Budget and
DIVISION P—ACCESS ACT Emergency Deficit Control Act of 1985.
DIVISION F—ASSISTANCE TO AGRICUL-
TURAL PRODUCERS AND OTHER MAT- DOMESTIC FOOD PROGRAMS
DIVISION Q—COVID–19 HEROES FUND
TERS RELATING TO AGRICULTURE FOOD AND NUTRITION SERVICE
Title I—Provisions relating to State, Local,
Title I—Livestock CHILD NUTRITION PROGRAMS
Tribal, and Private Sector Work-
Title II—Dairy ers For an additional amount for ‘‘Child Nutri-
Title III—Specialty Crops and Other Commod- Title II—Provisions relating to Federal employ- tion Programs’’, $3,000,000,000 to remain avail-
ities ees and COVID–19 able until September 30, 2021, to prevent, pre-
Title IV—Commodity Credit Corporation Title III—Coordination of benefits with other pare for, and respond to coronavirus, domesti-
Title V—Conservation programs and laws cally or internationally: Provided, That the
Title VI—Nutrition amount provided under this heading is for the
DIVISION R—CHILD NUTRITION AND
DIVISION G—ACCOUNTABILITY AND purposes of carrying out section 180002 of the
RELATED PROGRAMS
GOVERNMENT OPERATIONS ‘‘Child Nutrition and Related Programs Recov-
DIVISION S—OTHER MATTERS ery Act’’: Provided further, That such amount is
Title I—Accountability
Title II—Census Matters Title I—Health Care Access for Urban Native designated by the Congress as being for an
Title III—Federal Workforce Veterans Act emergency requirement pursuant to section
Title IV—Federal Contracting Provisions Title II—Tribal School Federal Insurance Parity 251(b)(2)(A)(i) of the Balanced Budget and
Title V—District of Columbia Title III—PRC for Native Veterans Act Emergency Deficit Control Act of 1985.
Title VI—Other Matters Title IV—Wildlife-Borne Disease Prevention SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
DIVISION H—VETERANS AND Title V—Pandemic Relief for Aviation Workers WOMEN, INFANTS, AND CHILDREN (WIC)
SERVICEMEMBERS PROVISIONS and Passengers For an additional amount for the ‘‘Special
Title VI—Amtrak and Rail Workers Supplemental Nutrition Program for Women, In-
DIVISION I—SMALL BUSINESS PROVISIONS
Title VII—Energy and Environment Provisions fants, and Children’’, $1,100,000,000, to remain
DIVISION J—SUPPORT FOR ESSENTIAL Title VIII—Death and disability benefits for
WORKERS, AT-RISK INDIVIDUALS, FAMI- available until September 30, 2022: Provided,
public safety officers impacted by That such amount is designated by the Congress
LIES, AND COMMUNITIES COVID–19 as being for an emergency requirement pursuant
Title I—Family Care for Essential Workers Title IX—Victims of Crime Act Amendments to section 251(b)(2)(A)(i) of the Balanced Budget
Title II—Pandemic Emergency Assistance and Title X—Jabara-Heyer NO HATE Act and Emergency Deficit Control Act of 1985.
Services Title XI—Prisons and Jails
Title III—Program flexibility during the pan- SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Title XII—Immigration Matters
demic Title XIII—Coronavirus Relief Fund Amend- For an additional amount for ‘‘Supplemental
DIVISION K—COVID–19 HERO ACT ments Nutrition Assistance Program’’, $10,000,000,000,
Title XIV—Rural Digital Opportunity to remain available until September 30, 2021, to
Title I—Providing Medical Equipment for First
Title XV—Foreign Affairs Provisions prevent, prepare for, and respond to
Responders and Essential Workers
DIVISION T—ADDITIONAL OTHER coronavirus: Provided, That such amount is des-
Title II—Protecting Renters and Homeowners
MATTERS ignated by the Congress as being for an emer-
from Evictions and Foreclosures
gency requirement pursuant to section
Title III—Protecting People Experiencing Home- SEC. 3. REFERENCES. 251(b)(2)(A)(i) of the Balanced Budget and
lessness Except as expressly provided otherwise, any
Title IV—Suspending Negative Credit Reporting Emergency Deficit Control Act of 1985.
reference to ‘‘this Act’’ contained in any divi- COMMODITY ASSISTANCE PROGRAM
and Strengthening Consumer and sion of this Act shall be treated as referring only
Investor Protections For an additional amount for ‘‘Commodity As-
to the provisions of that division.
Title V—Forgiving Student Loan Debt and Pro- sistance Program’’, $150,000,000, to remain avail-
tecting Student Borrowers DIVISION A—CORONAVIRUS RECOVERY able through September 30, 2021, for the emer-
Title VI—Standing Up For Small Businesses, SUPPLEMENTAL APPROPRIATIONS ACT, gency food assistance program as authorized by
Minority-Owned Businesses, and 2020 section 27(a) of the Food and Nutrition Act of
Non-Profits The following sums are hereby appropriated, 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of
Title VII—Empowering Community Financial out of any money in the Treasury not otherwise the Emergency Food Assistance Act of 1983 (7
Institutions appropriated, for the fiscal year ending Sep- U.S.C. 7508(a)(1)): Provided, That such amount
Title VIII—Providing Assistance for State, Ter- tember 30, 2020, and for other purposes, namely: is designated by the Congress as being for an
ritory, Tribal, and Local Govern- TITLE I—AGRICULTURE, RURAL DEVELOP- emergency requirement pursuant to section
ments MENT, FOOD AND DRUG ADMINISTRA- 251(b)(2)(A)(i) of the Balanced Budget and
Title IX—Providing Oversight and Protecting TION, AND RELATED AGENCIES Emergency Deficit Control Act of 1985.
Taxpayers GENERAL PROVISIONS—THIS TITLE
DEPARTMENT OF AGRICULTURE
DIVISION L—FAMILIES, WORKERS, AND SEC. 10101. For an additional amount for the
COMMUNITY SUPPORT PROVISIONS AGRICULTURAL PROGRAMS
Commonwealth of the Northern Mariana Is-
Title I—Amendments to Emergency Family and OFFICE OF INSPECTOR GENERAL lands, $1,822,000, to remain available until Sep-
Medical Leave Expansion Act and For an additional amount for ‘‘Office of In- tember 30, 2021, for nutrition assistance to pre-
Emergency Paid Sick Leave Act spector General’’, $2,500,000, to remain available vent, prepare for, and respond to coronavirus:
Title II—COVID–19 Workforce Development Re- until September 30, 2021, to prevent, prepare for, Provided, That such amount is designated by
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sponse Activities and respond to coronavirus, domestically or the Congress as being for an emergency require-
Title III—COVID–19 Every Worker Protection internationally: Provided, That the funding ment pursuant to section 251(b)(2)(A)(i) of the
Act of 2020 made available under this heading in this Act Balanced Budget and Emergency Deficit Con-
Title IV—Community and Family Support shall be used for conducting audits and inves- trol Act of 1985.
Title V—COVID–19 Protections under tigations of projects and activities carried out SEC. 10102.
Longshore and Harbor Workers’ with funds made available to the Department of Under the heading ‘‘Commodity Assistance
Compensation Act Agriculture to prevent, prepare for, and respond Program’’ in the Coronavirus Aid, Relief, and
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H2044 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Economic Security Act (Public Law 116–136), DEPARTMENTAL MANAGEMENT (5) $10,000,000 is for legal assistance for vic-
strike ‘‘to prevent, prepare for, and respond to OFFICE OF INSPECTOR GENERAL tims, as authorized by section 1201 of the Vic-
coronavirus, domestically or internationally,’’: For an additional amount for ‘‘Office of In- tims of Trafficking and Violence Protection Act
Provided, That the amounts repurposed pursu- spector General’’, $1,000,000, to remain available of 2000 (Public Law 106–386; ‘‘2000 Act’’);
ant to the amendment made by this section that until expended to prevent, prepare for, and re- (6) $4,000,000 is for grants to assist tribal gov-
were previously designated by the Congress as spond to coronavirus, including the impact of ernments in exercising special domestic violence
an emergency requirement pursuant to the Bal- coronavirus on the work of the Department of criminal jurisdiction, as authorized by section
anced Budget and Emergency Deficit Control Commerce and to carry out investigations and 904 of the Violence Against Women Reauthor-
Act of 1985 are designated by the Congress as an audits related to the funding made available for ization Act of 2013; and
emergency requirement pursuant to section (7) $16,000,000 is for grants to support families
the Department of Commerce in this Act and in
251(b)(2)(A)(i) of the Balanced Budget and in the justice system, as authorized by section
title II of division B of Public Law 116–136: Pro-
Emergency Deficit Control Act of 1985. 1301 of the 2000 Act:
vided, That such amount is designated by the
SEC. 10103. For an additional amount for the Provided, That a recipient of such funds shall
Congress as being for an emergency requirement
program established under section 7522 of the not be subject, as a condition for receiving the
pursuant to section 251(b)(2)(A)(i) of the Bal-
Food, Conservation, and Energy Act of 2008 (7 funds, to any otherwise-applicable requirement
anced Budget and Emergency Deficit Control
U.S.C. 5936), to prevent, prepare for, and re- to provide or obtain other Federal or non-Fed-
Act of 1985.
spond to coronavirus, $20,000,000, to remain eral funds: Provided further, That such amount
ADMINISTRATIVE PROVISION—DEPARTMENT OF is designated by the Congress as being for an
available until September 30, 2021: Provided,
COMMERCE emergency requirement pursuant to section
That such amount is designated by the Congress
as being for an emergency requirement pursuant SEC. 10201. Notwithstanding any other provi- 251(b)(2)(A)(i) of the Balanced Budget and
to section 251(b)(2)(A)(i) of the Balanced Budget sion of law, the Federal share for grants pro- Emergency Deficit Control Act of 1985.
and Emergency Deficit Control Act of 1985. vided by the Economic Development Administra- OFFICE OF JUSTICE PROGRAMS
SEC. 10104. Section 11004 of the Coronavirus tion under Public Law 116–93, Public Law 116–
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
Aid, Relief, and Economic Security Act (Public 20, and Public Law 116–136 shall be 100 percent:
Provided, That the amounts repurposed in this For an additional amount for ‘‘State and
Law 116–136) is amended by inserting after the Local Law Enforcement Assistance’’,
4th proviso the following: ‘‘Provided further, section that were previously designated by the
Congress as an emergency requirement pursuant $300,000,000, to remain available until expended,
That the condition set forth in section 9003(f) of for the same purposes and subject to the same
the Farm Security and Rural Investment Act of to the Balanced Budget and Emergency Deficit
Control Act of 1985 are designated by the Con- conditions as the appropriations for fiscal year
2002 shall apply with respect to all construction, 2020 under this heading in title II of division B
alteration, or repair work carried out, in whole gress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget of Public Law 116–136, including for the pur-
or in part, with funds made available by this chase of personal protective equipment, and for
section:’’: Provided, That amounts repurposed and Emergency Deficit Control Act of 1985.
costs related to preventing and controlling
pursuant to the amendments made pursuant to DEPARTMENT OF JUSTICE
coronavirus at correctional institutions: Pro-
this section are designated by the Congress as FEDERAL PRISON SYSTEM vided, That, notwithstanding section 502(a)(1)
being for an emergency requirement pursuant to SALARIES AND EXPENSES of the Omnibus Crime Control and Safe Streets
section 251(b)(2)(A)(i) of the Balanced Budget For an additional amount for ‘‘Salaries and Act of 1968 (34 U.S.C. 10153), funds provided
and Emergency Deficit Control Act of 1985. Expenses’’, $200,000,000, to remain available under this heading in both this Act and title II
TITLE II—COMMERCE, JUSTICE, SCIENCE, until September 30, 2021, to prevent, prepare for, of division B of Public Law 116–136 may be used
AND RELATED AGENCIES and respond to coronavirus, including the im- to supplant State or local funds: Provided fur-
DEPARTMENT OF COMMERCE pact of coronavirus on the work of the Depart- ther, That a recipient of funds made available
ment of Justice, to include funding for medical under this heading in both this Act and title II
BUREAU OF THE CENSUS of division B of Public Law 116–136 shall not be
testing and services, personal protective equip-
CURRENT SURVEYS AND PROGRAMS ment, hygiene supplies and services, and sanita- subject, as a condition for receiving the funds,
(INCLUDING TRANSFER OF FUNDS) tion services: Provided, That such amount is to any otherwise-applicable requirement to pro-
For an additional amount for ‘‘Current Sur- designated by the Congress as being for an vide or obtain other Federal or non-Federal
veys and Programs’’, $10,000,000: Provided, That emergency requirement pursuant to section funds: Provided further, That such amount is
such sums may be transferred to the Bureau of 251(b)(2)(A)(i) of the Balanced Budget and designated by the Congress as being for an
the Census Working Capital Fund for necessary Emergency Deficit Control Act of 1985. emergency requirement pursuant to section
expenses incurred as a result of the coronavirus, OFFICE OF INSPECTOR GENERAL 251(b)(2)(A)(i) of the Balanced Budget and
including for payment of salaries and leave to For an additional amount for ‘‘Office of In- Emergency Deficit Control Act of 1985.
spector General’’, $3,000,000, to remain available For an additional amount for ‘‘State and
Bureau of the Census staff resulting from the
until expended to prevent, prepare for, and re- Local Law Enforcement Assistance’’,
suspension of data collection for reimbursable
spond to coronavirus, including the impact of $250,000,000, to remain available until expended,
surveys conducted for other Federal agencies:
coronavirus on the work of the Department of for offender reentry programs and research, as
Provided further, That such amount is des-
Justice and to carry out investigations and au- authorized by the Second Chance Act of 2007
ignated by the Congress as being for an emer-
dits related to the funding made available for (Public Law 110–199) and by the Second Chance
gency requirement pursuant to section
the Department of Justice in this Act: Provided, Reauthorization Act of 2018 (Public Law 115–
251(b)(2)(A)(i) of the Balanced Budget and
That such amount is designated by the Congress 391), without regard to the time limitations spec-
Emergency Deficit Control Act of 1985.
as being for an emergency requirement pursuant ified at section 6(1) of such Act, to prevent, pre-
PERIODIC CENSUSES AND PROGRAMS pare for, and respond to coronavirus: Provided,
to section 251(b)(2)(A)(i) of the Balanced Budget
For an additional amount for ‘‘Periodic Cen- and Emergency Deficit Control Act of 1985. That, notwithstanding any other provision of
suses and Programs’’, $400,000,000, to remain law, funds provided under this heading may be
STATE AND LOCAL LAW ENFORCEMENT used to supplant State or local funds: Provided
available until September 30, 2022, to prevent,
ACTIVITIES further, That a recipient of funds made avail-
prepare for, and respond to coronavirus: Pro-
vided, That such amount is designated by the OFFICE ON VIOLENCE AGAINST WOMEN able under this heading in this Act shall not be
Congress as being for an emergency requirement VIOLENCE AGAINST WOMEN PREVENTION AND subject, as a condition for receiving the funds,
pursuant to section 251(b)(2)(A)(i) of the Bal- PROSECUTION PROGRAMS to any otherwise-applicable requirement to pro-
anced Budget and Emergency Deficit Control For an additional amount for ‘‘Violence vide or obtain other Federal or non-Federal
Act of 1985. Against Women Prevention and Prosecution funds: Provided further, That such amount is
NATIONAL OCEANIC AND ATMOSPHERIC Programs’’, $100,000,000, to remain available designated by the Congress as being for an
ADMINISTRATION until expended, of which— emergency requirement pursuant to section
(1) $30,000,000 is for grants to combat violence 251(b)(2)(A)(i) of the Balanced Budget and
ASSISTANCE TO FISHERY PARTICIPANTS Emergency Deficit Control Act of 1985.
against women, as authorized by part T of the
Pursuant to section 12005 of the Coronavirus Omnibus Crime Control and Safe Streets Acts of For an additional amount for ‘‘State and
Aid, Relief, and Economic Security Act of 2020 1968; Local Law Enforcement Assistance’’,
(Public Law 116–136), for an additional amount (2) $15,000,000 is for transitional housing as- $600,000,000, to remain available until expended,
for ‘‘Assistance to Fishery Participants’’, sistance grants for victims of domestic violence, for grants, contracts, cooperative agreements,
$100,000,000, to remain available until September dating violence, stalking, or sexual assault, as and other assistance as authorized by the Pan-
30, 2021, for necessary expenses to provide as- authorized by section 40299 of the Violent Crime demic Justice Response Act (‘‘the Act’’): Pro-
sistance to Tribal, subsistence, commercial, and Control and Law Enforcement Act of 1994 (Pub- vided, That $500,000,000 is to establish and im-
dlhill on DSK120RN23PROD with HOUSE
charter fishery participants affected by the lic Law 103–322; ‘‘1994 Act’’); plement policies and procedures to prevent, de-
novel coronavirus (COVID–19), which may in- (3) $15,000,000 is for sexual assault victims as- tect, and stop the presence and spread of
clude direct relief payments: Provided, That sistance, as authorized by section 41601 of the COVID–19 among arrestees, detainees, inmates,
such amount is designated by the Congress as 1994 Act; correctional facility staff, and visitors to the fa-
being for an emergency requirement pursuant to (4) $10,000,000 is for rural domestic violence cilities; and for pretrial citation and release
section 251(b)(2)(A)(i) of the Balanced Budget and child abuse enforcement assistance grants, grants, as authorized by the Act: Provided fur-
and Emergency Deficit Control Act of 1985. as authorized by section 40295 of the 1994 Act; ther, That $25,000,000 is for Rapid COVID–19
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2045
Testing, as authorized by the Act: Provided fur- the mechanisms by which that disinformation BUREAU OF THE FISCAL SERVICE
ther, That $75,000,000 is for grants for Juvenile influences the public debate; SALARIES AND EXPENSES
Specific Services, as authorized by the Act: Pro- (3) the role social media plays in the dissemi- For an additional amount for ‘‘Salaries and
vided further, That a recipient of funds made nation and promotion of COVID–19 Expenses’’, $78,650,000, to remain available until
available under this heading in this Act shall disinformation and misinformation content and September 30, 2021, to prevent, prepare for, and
not be subject, as a condition for receiving the the role social media platforms play in the orga- respond to coronavirus, domestically or inter-
funds, to any otherwise-applicable requirement nization of groups seeking to spread COVID–19 nationally: Provided, That such amount is des-
to provide or obtain other Federal or non-Fed- disinformation; ignated by the Congress as being for an emer-
eral funds: Provided further, That funds made (4) the potential financial returns for creators gency requirement pursuant to section
available under this heading shall be made or distributors of COVID–19 disinformation, and 251(b)(2)(A)(i) of the Balanced Budget and
available without any otherwise applicable re- the role such financial incentives play in the Emergency Deficit Control Act of 1985.
quirement that a recipient of such funds provide propagation of COVID–19 disinformation;
CORONAVIRUS STATE FISCAL RELIEF FUND
any other Federal funds, or any non-Federal (5) potential strategies to mitigate the dissemi-
nation and negative impacts of COVID–19 For making payments to States, territories,
funds, as a condition to receive the funds made
disinformation, including specifically, the dis- and Tribal governments to mitigate the fiscal ef-
available under this heading: Provided further,
semination of disinformation on social media, fects stemming from the public health emergency
That such amount is designated by the Congress
including through improved disclosures; and with respect to the Coronavirus Disease
as being for an emergency requirement pursuant
(6) an analysis of the limitations of these miti- (COVID–19), $540,000,000,000 to remain available
to section 251(b)(2)(A)(i) of the Balanced Budget until expended, which shall be in addition to
and Emergency Deficit Control Act of 1985. gation strategies, and an analysis of how these
strategies can be implemented without infring- any other amounts available for making pay-
COMMUNITY ORIENTED POLICING SERVICES ments to States, territories, and Tribal govern-
ing on Americans’ Constitutional rights and
COMMUNITY ORIENTED POLICING SERVICES civil liberties. ments for any purpose (including payments
PROGRAMS
RELATED AGENCIES made under section 601 of the Social Security
For an additional amount for ‘‘Community Act), of which:
LEGAL SERVICES CORPORATION (1) $20,000,000,000 shall be for making pay-
Oriented Policing Services’’, $300,000,000, to re-
PAYMENT TO THE LEGAL SERVICES CORPORATION ments to the Commonwealth of Puerto Rico,
main available until expended, for grants under
section 1701 of title I of the 1968 Omnibus Crime For an additional amount for ‘‘Payment to United States Virgin Islands, Guam, Common-
Control and Safe Streets Act (34 U.S.C. 10381) the Legal Services Corporation’’, $50,000,000, for wealth of the Northern Mariana Islands, and
for hiring and rehiring of additional career law the same purposes and subject to the same con- American Samoa: Provided, That of the amount
enforcement officers under part Q of such title, ditions as the appropriations for fiscal year 2020 made available in this paragraph, half shall be
notwithstanding subsection (i) of such section, under this heading in title II of division B of allocated equally among each entity specified in
Public Law 116–136: Provided, That such this paragraph, and half shall be allocated as
and including for the purchase of personal pro-
amount is designated by the Congress as being an additional amount to each such entity in an
tective equipment: Provided, That, notwith-
for an emergency requirement pursuant to sec- amount which bears the same proportion to half
standing section 1704 of the Omnibus Crime
tion 251(b)(2)(A)(i) of the Balanced Budget and of the total amount provided under this para-
Control and Safe Streets Act of 1968 (34 U.S.C.
Emergency Deficit Control Act of 1985. graph as the relative population of each such
10384), funds provided under this heading may
TITLE III—FINANCIAL SERVICES AND entity bears to the total population of all such
be used to supplant State or local funds and
GENERAL GOVERNMENT entities;
may be used to retain career law enforcement (2) $20,000,000,000 shall be for making pay-
officers: Provided further, That a recipient of DEPARTMENT OF THE TREASURY ments to Tribal governments: Provided, That
funds made available under this heading in this DEPARTMENTAL OFFICES payments of amounts made available in this
Act shall not be subject, as a condition for re- OFFICE OF INSPECTOR GENERAL paragraph shall be made to each Tribal Govern-
ceiving the funds, to any otherwise-applicable ment in an amount determined by the Secretary
SALARIES AND EXPENSES
requirement to provide or obtain other Federal of the Treasury, in consultation with the Sec-
or non-Federal funds: Provided further, That For an additional amount for ‘‘Salaries and
Expenses’’, $35,000,000, to remain available until retary of the Interior and Indian Tribes, that is
such amount is designated by the Congress as based on increased aggregate expenditures of
being for an emergency requirement pursuant to expended, to conduct monitoring and oversight
of the receipt, disbursement, and use of funds each such Tribal government (or a tribally-
section 251(b)(2)(A)(i) of the Balanced Budget owned entity of such Tribal government) in fis-
and Emergency Deficit Control Act of 1985. made available under the ‘‘Coronavirus State
Fiscal Relief Fund’’ and the ‘‘Coronavirus cal year 2020 relative to aggregate expenditures
SCIENCE in fiscal year 2019 by the Tribal government (or
Local Fiscal Relief Fund’’ (collectively, ‘‘Fiscal
NATIONAL SCIENCE FOUNDATION Relief Funds’’): Provided, That, if the Inspector tribally-owned entity) and determined in such
RESEARCH AND RELATED ACTIVITIES General of the Department of the Treasury de- manner as the Secretary determines appropriate
termines that an entity receiving a payment to ensure that all amounts available pursuant to
(INCLUDING TRANSFER OF FUNDS)
from amounts provided by the Fiscal Relief the preceding proviso for fiscal year 2020 are
For an additional amount for ‘‘Research and distributed to Tribal governments:
Related Activities’’, $125,000,000, to remain Funds has failed to comply with the provisions
(3) $250,000,000,000 shall be for making initial
available until September 30, 2022, to prevent, governing the use of such funding, the Inspector
payments to each of the 50 States and the Dis-
prepare for, and respond to coronavirus, includ- General shall transmit any relevant information
trict of Columbia, of which—
ing to fund research grants, of which $1,000,000 related to such determination to the Committees (A) $51,000,000,000 shall be allocated equally
shall be for a study on the spread of COVID–19 on Appropriations of the House of Representa- between each of the 50 States and the District of
related disinformation: Provided further, That, tives and the Senate not later than 5 days after Columbia;
of the amount appropriated under this heading any such determination is made: Provided fur- (B) $150,000,000,000 shall be allocated as an
in this Act, up to 2 percent of funds may be ther, That such amount is designated by the additional amount to each such entity in an
transferred to the ‘‘Agency Operations and Congress as being for an emergency requirement amount which bears the same proportion to the
Award Management’’ account for management, pursuant to section 251(b)(2)(A)(i) of the Bal- total amount provided under this subparagraph
administration, and oversight of funds provided anced Budget and Emergency Deficit Control as the relative population of each such entity
under this heading in this Act: Provided fur- Act of 1985. bears to the total population of all such entities;
ther, That such amount is designated by the TREASURY INSPECTOR GENERAL FOR TAX (C) $49,000,000,000 shall be allocated as addi-
Congress as being for an emergency requirement ADMINISTRATION tional amounts among each of the 50 States and
pursuant to section 251(b)(2)(A)(i) of the Bal- SALARIES AND EXPENSES the District of Columbia in an amount which
anced Budget and Emergency Deficit Control For an additional amount for ‘‘Salaries and bears the same proportion to the total amount
Act of 1985. Expenses’’, $2,500,000, to remain available until provided under this subparagraph as the rel-
ADMINISTRATIVE PROVISION—SCIENCE expended, to prevent, prepare for, and respond ative prevalence of COVID–19 within each such
to coronavirus, domestically or internationally: entity bears to the total prevalence of COVID–
STUDY ON COVID–19 DISINFORMATION 19 within all such entities: Provided, That the
SEC. 10202. (a) STUDY.—No later than 30 days Provided, That such amount is designated by
the Congress as being for an emergency require- relative prevalence of COVID–19 shall be cal-
after the date of enactment of this Act, the Di- culated using the most recent data on the num-
rector of the National Science Foundation shall ment pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Con- ber of confirmed and probable cases as pub-
enter into an arrangement with the National lished on the Internet by the Centers for Disease
Academies of Science, Engineering, and Medi- trol Act of 1985.
Control and Prevention for each entity specified
cine (National Academies) to conduct a study on HOMEOWNER ASSISTANCE FUND
in the preceding proviso;
the current understanding of the spread of For activities and assistance authorized in (4) $250,000,000,000 shall be for making an ad-
dlhill on DSK120RN23PROD with HOUSE
COVID–19-related disinformation on the inter- section 110202 of the ‘‘COVID–19 HERO Act’’ , ditional payment to each of the 50 States and
net and social media platforms. The study shall $75,000,000,000, to remain available until ex- the District of Columbia, of which—
address the following: pended: Provided, That such amount is des- (A) $51,000,000,000 shall be allocated equally
(1) the role disinformation and misinformation ignated by the Congress as being for an emer- between each of the 50 States and the District of
has played in the public response to COVID–19; gency requirement pursuant to section Columbia; and
(2) the sources of COVID–19-related 251(b)(2)(A)(i) of the Balanced Budget and (B) $199,000,000,000 shall be allocated between
disinformation—both foreign and domestic—and Emergency Deficit Control Act of 1985. each such entity in an additional amount which
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H2046 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
bears the same proportion to the total amount That $43,750,000,000 of the funds provided under Provided further, That if the Inspector General
provided under this subparagraph as the aver- this subparagraph shall be paid not earlier than of the Department of the Treasury determines
age estimated number of seasonally-adjusted April 15, 2021, but not later than May 3, 2021; that an entity receiving a payment from
unemployed individuals (as measured by the and amounts provided under this heading has failed
Bureau of Labor Statistics Local Area Unem- (B) $56,250,000,000 shall be distributed to each to comply with the preceding proviso, the
ployment Statistics program) in each such entity State (as that term is defined in section 102 of amount equal to the amount of funds used in
over the 3-month period ending in March 2021 the Housing and Community Development Act violation of such subsection shall be booked as
bears to the average estimated number of sea- of 1974 (42 U.S.C. 5302)) for use by units of gen- a debt of such entity owed to the Federal Gov-
sonally-adjusted unemployed individuals in all eral local government, other than counties or ernment, and any amounts recovered under this
such entities over the same period. parishes, in nonentitlement areas (as defined in subsection shall be deposited into the general
Provided further, That any entity receiving a such section 102) of such States in an amount fund of the Treasury as discretionary offsetting
payment from funds made available under this which bears the same proportion to the total receipts: Provided further, That nothing in
heading in this Act shall only use such amounts amount provided under this subparagraph as paragraph (1) or (2) shall be construed as pro-
to respond to, mitigate, cover costs or replace the total population of such units of general hibiting a unit of general local government that
foregone revenues not projected on January 31, local government within the State bears to the has formed a consolidated government, or that
2020 stemming from the public health emergency, total population of all such units of general is geographically contained (in full or in part)
or its negative economic impacts, with respect to local government in all such States: Provided, within the boundaries of another unit of general
the Coronavirus Disease (COVID–19): Provided That two-thirds of the funds provided under local government from receiving a distribution
further, That if the Inspector General of the De- this subparagraph and allocated to each such under each of subparagraphs (A) and (B) under
partment of the Treasury determines that an en- unit of general local government shall be distrib- paragraph (1) or under paragraph (2), as appli-
tity receiving a payment from amounts provided uted to each such unit of general local govern- cable, based on the respective formulas specified
under this heading has failed to comply with ment not later than 30 days after the date of en- contained therein: Provided further, That the
the preceding proviso, the amount equal to the actment of this Act: Provided further, That the amounts otherwise determined for distribution
amount of funds used in violation of such sub- remainder of the funds provided under this sub- to units of local government under each of sub-
section shall be booked as a debt of such entity paragraph and allocated to each such unit of paragraphs (A) and (B) under paragraph (1)
owed to the Federal Government, and any general local government shall be distributed to and under paragraph (2) shall each be adjusted
amounts recovered under this subsection shall each such unit of general local government not by the Secretary of the Treasury on a pro rata
be deposited into the general fund of the Treas- earlier than April 15, 2021, but not later than basis to the extent necessary to comply with the
ury as discretionary offsetting receipts: Pro- May 3, 2021: Provided further, That a State
amount appropriated and the requirements spec-
vided further, That for purposes of the pre- shall pass-through the amounts received under
ified in each paragraph and subparagraph, as
ceding provisos under this heading in this Act, this subparagraph, within 30 days of receipt, to
applicable: Provided further, That as used
the population of each entity described in any each such unit of general local government in
under this heading in this Act, the term ‘‘coun-
such proviso shall be determined based on the an amount that bears the same proportion to the
ty’’ means a county, parish, or other equivalent
amount distributed to each such State as the
most recent year for which data are available county division (as defined by the Bureau of the
population of such unit of general local govern-
from the Bureau of the Census, or in the case of Census): Provided further, That for purposes of
ment bears to the total population of all such
an Indian tribe, shall be determined based on the preceding provisos under this heading in
units of general local government within each
data certified by the Tribal government: Pro- this Act, the population of an entity shall be de-
such State: Provided further, That if a State has
vided further, That as used under this heading termined based on the most recent year for
not elected to distribute amounts allocated
in this Act, the terms ‘‘Tribal government’’ and which data are available from the Bureau of the
under this paragraph, the Secretary of the
‘‘Indian Tribe’’ have the same meanings as spec- Census: Provided further, That such amount is
Treasury shall pay the applicable amounts
ified in section 601(g) of the Social Security Act designated by Congress as being for an emer-
under this subparagraph to such units of gen-
(42 U.S.C. 601(g)), as added by section 5001 of gency requirement pursuant to section
eral local government in the State not later than
the CARES Act (Public Law 116–136) and 30 days after the date on which the State would 251(b)(2)(A)(i) of the Balanced Budget and
amended by section 191301 of division X of this otherwise have received the amounts from the Emergency Deficit Control Act of 1985.
Act, and the term ‘‘State’’ means one of the 50 Secretary; and COMMUNITY DEVELOPMENT FINANCIAL
States: Provided further, That the Secretary of (2) $187,500,000,000 shall be paid directly to INSTITUTIONS FUND PROGRAM ACCOUNT
Treasury shall make all payments required pur- counties within the 50 States, the District of Co- For an additional amount for the ‘‘Commu-
suant to paragraphs (1), (2), and (3) not later lumbia, the Commonwealth of Puerto Rico, the nity Development Financial Institutions Fund
than 30 days after the date of enactment of this United States Virgin Islands, Guam, the Com- Program Account’’, $1,000,000,000, to remain
Act, and shall make all payments required pur- monwealth of the Northern Mariana Islands, available until September 30, 2021, to prevent,
suant to paragraph (4) not later than May 3, and American Samoa in an amount which bears prepare for, and respond to coronavirus: Pro-
2021: Provided further, That such amount is the same proportion to the total amount pro- vided, That the Community Development Finan-
designated by the Congress as being for an vided under this paragraph as the relative pop- cial Institutions Fund (CDFI) shall provide
emergency requirement pursuant to section ulation of each such county bears to the total grants using a formula that takes into account
251(b)(2)(A)(i) of the Balanced Budget and population of all such entities: Provided, That criteria such as certification status, financial
Emergency Deficit Control Act of 1985. two-thirds of the funds provided under this and compliance performance, portfolio and bal-
CORONAVIRUS LOCAL FISCAL RELIEF FUND paragraph and allocated to each such county ance sheet strength, and program capacity: Pro-
For making payments to metropolitan cities, shall be distributed to each such county not vided further, That not less than $25,000,000
counties, and other units of general local gov- later than 30 days after the date of enactment of shall be for financial assistance, technical as-
ernment to mitigate the fiscal effects stemming this Act: Provided further, That the remainder sistance, and training and outreach programs
from the public health emergency with respect of the amount allocated to each such county designed to benefit Native American, Native Ha-
to the Coronavirus Disease (COVID–19), under this paragraph shall be distributed to waiian, and Alaska Native communities: Pro-
$375,000,000,000, to remain available until ex- each such county not earlier than April 15, 2021, vided further, That the CDFI Fund shall make
pended, which shall be in addition to any other but not later than May 3, 2021: Provided fur- funds available under this subsection within 60
amounts available for making payments to met- ther, That no county that is an ‘‘urban county’’ days of the date of enactment of this Act: Pro-
ropolitan cities, counties, and other units of (as defined in section 102 of the Housing and vided further, That funds made available under
general local government (including payments Community Development Act of 1974 (42 U.S.C. this heading may be used for administrative ex-
made under section 601 of the Social Security 5302)) shall receive less than the amount the penses, including administration of CDFI Fund
Act), of which— county would otherwise receive if the amount programs and the New Markets Tax Credit Pro-
(1) $187,500,000,000 shall be for making pay- distributed under this paragraph were allocated gram: Provided further, That such amount is
ments to metropolitan cities and other units of to metropolitan cities and urban counties under designated by the Congress as being for an
general local government (as those terms are de- section 106(b) of the Housing and Community emergency requirement pursuant to section
fined in section 102 of the Housing and Commu- Development Act of 1974 (42 U.S.C. 5306(b)): 251(b)(2)(A)(i) of the Balanced Budget and
nity Development Act of 1974 (42 U.S.C. 5302)), Provided further, That in the case of an amount Emergency Deficit Control Act of 1985.
of which— to be paid to a county that is not a unit of gen-
ADMINISTRATIVE PROVISION—INTERNAL REVENUE
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
(A) $131,250,000,000 shall be allocated pursu- eral local government, the amount shall instead
SERVICE
ant to the formula under section 106(b)(1) of the be paid to the State in which such county is lo-
Housing and Community Development Act of cated, and such State shall distribute such (INCLUDING TRANSFER OF FUNDS)
1974 (42 U.S.C. 5306(b)(1)) to metropolitan cities amount to units of general local government SEC. 10301. In addition to the amounts other-
(as defined in section 102(a)(4) of such Act (42 within such county in an amounts that bear the wise available to the Internal Revenue Service
U.S.C. 5302(a)(4)), including metropolitan cities same proportion as the population of such units in fiscal year 2020, $520,000,000, to remain avail-
that have relinquished or deferred their status of general local government bear to the total able until September 30, 2021, shall be available
as a metropolitan city as of the date of enact- population of such county: Provided further, to prevent, prepare for, and respond to
ment of this Act: Provided, That $87,500,000,000 That for purposes of this paragraph, the District coronavirus, including for costs associated with
of the funds provided under this subparagraph of Columbia shall be considered to consist of a the extended filing season: Provided, That such
shall be paid not later than 30 days after the single county that is a unit of general local gov- funds may be transferred by the Commissioner
date of enactment of this Act: Provided further, ernment: to the ‘‘Taxpayer Services’’, ‘‘Enforcement’’, or
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2047
‘‘Operations Support’’ accounts of the Internal is amended by striking ‘‘December 31, 2020’’ and GENERAL SERVICES ADMINISTRATION
Revenue Service for an additional amount to be inserting ‘‘September 30, 2021’’. TECHNOLOGY MODERNIZATION FUND
used solely to prevent, prepare for, and respond (d) Notwithstanding any requirement that a For an additional amount for the ‘‘Tech-
to coronavirus, domestically or internationally: State legislature appropriate and release any nology Modernization Fund’’, $1,000,000,000, to
Provided further, That the Committees on Ap- funds made available under the Help America remain available until September 30, 2022, for
propriations of the House of Representatives Vote Act of 2002, the chief election official of technology-related modernization activities to
and the Senate shall be notified in advance of each State shall have access to the funds made prevent, prepare for, and respond to
any such transfer: Provided further, That such available under the heading ‘‘Election Assist- coronavirus, domestically or internationally:
transfer authority is in addition to any other ance Commission—Election Security Grants’’ in Provided, That such amount is designated by
transfer authority provided by law: Provided this Act and in the Coronavirus Aid, Relief, and the Congress as being for an emergency require-
further, That not later than 30 days after the Economic Security Act (Public Law 116–136) ment pursuant to section 251(b)(2)(A)(i) of the
date of enactment of this Act, the Commissioner without any such action by the State legisla- Balanced Budget and Emergency Deficit Con-
shall submit to the Committees on Appropria- ture. trol Act of 1985.
tions of the House of Representatives and the (e) A State may elect to reallocate funds allo-
cated under the heading ‘‘Election Assistance OFFICE OF PERSONNEL MANAGEMENT
Senate a spending plan for such funds: Pro-
vided further, That such amount is designated Commission—Election Security Grants’’ in the OFFICE OF INSPECTOR GENERAL
by the Congress as being for an emergency re- Coronavirus Aid, Relief, and Economic Security SALARIES AND EXPENSES
quirement pursuant to section 251(b)(2)(A)(i) of Act (Public Law 116–136) or under this heading For an additional amount for ‘‘Salaries and
the Balanced Budget and Emergency Deficit in this Act as funds allocated under the heading Expenses’’, $1,000,000, to remain available until
Control Act of 1985. ‘‘Election Assistance Commission—Election Se- expended to prevent, prepare for, and respond
INDEPENDENT AGENCIES curity Grants’’ in the Financial Services and to coronavirus, domestically or internationally:
General Government Appropriations Act, 2020 Provided, That such amount is designated by
ELECTION ASSISTANCE COMMISSION
(division C of Public Law 116–93; 133 Stat. 2461) the Congress as being for an emergency require-
ELECTION RESILIENCE GRANTS that were spent to prevent, prepare for, and re- ment pursuant to section 251(b)(2)(A)(i) of the
(INCLUDING TRANSFER OF FUNDS) spond to coronavirus, domestically or inter- Balanced Budget and Emergency Deficit Con-
For an additional amount for payments by the nationally, for the 2020 Federal election cycle; trol Act of 1985.
Election Assistance Commission to States for or funds allocated under the heading ‘‘Election SMALL BUSINESS ADMINISTRATION
contingency planning, preparation, and resil- Assistance Commission—Election Reform Pro-
EMERGENCY EIDL GRANTS
ience of elections for Federal office, gram’’ in the Financial Services and Govern-
$3,600,000,000, to remain available until Sep- ment Appropriations Act, 2018 (division E of For an additional amount for ‘‘Emergency
tember 30, 2021: Provided, That of the amount Public Law 115–141) that were spent to prevent, EIDL Grants’’ for the cost of emergency EIDL
provided under this heading, up to $5,000,000 prepare for, and respond to coronavirus, domes- grants authorized by section 1110 of division A
may be transferred to and merged with ‘‘Elec- tically or internationally, for the 2020 Federal of the CARES Act (Public Law 116–136),
tion Assistance Commission—Salaries and Ex- election cycle. $10,000,000,000, to remain available until ex-
penses’’: Provided further, That under this (f) This section shall take effect as if included pended, to prevent, prepare for, and respond to
heading the term ‘‘State’’ means each of the 50 in the enactment of the Coronavirus Aid, Relief, coronavirus, domestically or internationally:
States, the District of Columbia, the Common- and Economic Security Act (Public Law 116– Provided, That such amount is designated by
wealth of Puerto Rico, Guam, American Samoa, 136). the Congress as being for an emergency require-
the United States Virgin Islands, and the Com- (g) The amounts repurposed pursuant to this ment pursuant to section 251(b)(2)(A)(i) of the
monwealth of the Northern Mariana Islands: section that were previously designated by the Balanced Budget and Emergency Deficit Con-
Provided further, That the amount of the pay- Congress as an emergency requirement pursuant trol Act of 1985.
ments made to a State under this heading shall to the Balanced Budget and Emergency Deficit ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
be consistent with section 103 of the Help Amer- Control Act of 1985 are designated by the Con- ADMINISTRATION
ica Vote Act of 2002 (52 U.S.C. 20903): Provided gress as an emergency requirement pursuant to SEC. 10303. (a) The third proviso under the
further, That for the purposes of the preceding section 251(b)(2)(A)(i) of the Balanced Budget heading ‘‘Small Business Administration—Busi-
proviso, each reference to ‘‘$5,000,000’’ in such and Emergency Deficit Control Act of 1985. ness Loans Program Account’’ in the Financial
sections 101(d) and 103 shall be deemed to refer FEDERAL COMMUNICATIONS COMMISSION Services and General Government Appropria-
to ‘‘$7,500,000’’: Provided further, That not later SALARIES AND EXPENSES tions Act, 2020 (division C of Public Law 116–93)
than 30 days after the date of enactment of this is amended by striking ‘‘$30,000,000,000’’ and in-
For an additional amount for ‘‘Salaries and
Act, the Election Assistance Commission shall serting ‘‘$75,000,000,000’’.
Expenses’’, $24,000,000, to remain available until
obligate the funds to States under this heading (b) The sixth proviso under the heading
September 30, 2021, for implementing title VIII of
in this Act: Provided further, That not less than ‘‘Small Business Administration—Business
the Communications Act of 1934 (47 U.S.C. 641 et
50 percent of the amount of the payment made Loans Program Account’’ in the Financial Serv-
seq.), as added by the Broadband DATA Act
to a State under this heading in this Act shall ices and General Government Appropriations
(Public Law 116–130): Provided, That such
be allocated in cash or in kind to the units of Act, 2020 (division C of Public Law 116–93) is
amount is designated by the Congress as being
local government which are responsible for the amended by striking ‘‘$12,000,000,000’’ and in-
for an emergency requirement pursuant to sec-
administration of elections for Federal office in serting ‘‘$35,000,000,000’’.
tion 251(b)(2)(A)(i) of the Balanced Budget and
the State: Provided further, That such amount UNITED STATES POSTAL SERVICE
Emergency Deficit Control Act of 1985.
is designated by the Congress as being for an
EMERGENCY CONNECTIVITY FUND PAYMENT TO POSTAL SERVICE FUND
emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for the ‘‘Emergency For an additional payment to the ‘‘Postal
Emergency Deficit Control Act of 1985. Connectivity Fund’’, $1,500,000,000, to remain Service Fund’’, for revenue forgone due to
available until September 30, 2021, to prevent, coronavirus, $25,000,000,000, to remain available
ADMINISTRATIVE PROVISION—ELECTION
prepare for, and respond to coronavirus, domes- until September 30, 2022: Provided, That the
ASSISTANCE COMMISSION
tically or internationally, through the provision Postal Service, during the coronavirus emer-
SEC. 10302. (a) The last proviso under the gency, shall prioritize the purchase of, and
of funding for Wi-fi hotspots, other equipment,
heading ‘‘Election Assistance Commission—Elec- make available to all Postal Service employees
connected devices, and advanced telecommuni-
tion Security Grants’’ in the Financial Services and facilities, personal protective equipment, in-
cations and information services to schools and
and General Government Appropriations Act, cluding gloves, masks, and sanitizers, and shall
libraries as authorized in section 130201: Pro-
2020 (division C of Public Law 116–93; 133 Stat. conduct additional cleaning and sanitizing of
vided, That such amount is designated by the
2461) shall not apply with respect to any pay- Postal Service facilities and delivery vehicles:
Congress as being for an emergency requirement
ment made to a State using funds appropriated Provided further, That such amount is des-
pursuant to section 251(b)(2)(A)(i) of the Bal-
or otherwise made available to the Election As- ignated by the Congress as being for an emer-
anced Budget and Emergency Deficit Control
sistance Commission under the Coronavirus Aid, gency requirement pursuant to section
Act of 1985.
Relief, and Economic Security Act (Public Law 251(b)(2)(A)(i) of the Balanced Budget and
116–136). EMERGENCY BROADBAND CONNECTIVITY FUND
Emergency Deficit Control Act of 1985.
(b) The first proviso under the heading ‘‘Elec- For an additional amount for the ‘‘Emergency
OFFICE OF INSPECTOR GENERAL
tion Assistance Commission—Election Security Broadband Connectivity Fund’’, $4,000,000,000,
Grants’’ in the Coronavirus Aid, Relief, and to remain available until September 30, 2021, to SALARIES AND EXPENSES
Economic Security Act (Public Law 116–136) is prevent, prepare for, and respond to For an additional amount for ‘‘Salaries and
amended by striking ‘‘within 20 days of each coronavirus, domestically or internationally, Expenses’’, $15,000,000, to remain available until
dlhill on DSK120RN23PROD with HOUSE
election in the 2020 Federal election cycle in through the provision of an emergency benefit expended, to prevent, prepare for, and respond
that State,’’ and inserting ‘‘not later than Octo- for broadband service as authorized in section to coronavirus, domestically or internationally:
ber 30, 2021,’’. 130301: Provided, That such amount is des- Provided, That such amount is designated by
(c) The fourth proviso under the heading ignated by the Congress as being for an emer- the Congress as being for an emergency require-
‘‘Election Assistance Commission—Election Se- gency requirement pursuant to section ment pursuant to section 251(b)(2)(A)(i) of the
curity Grants’’ in the Coronavirus Aid, Relief, 251(b)(2)(A)(i) of the Balanced Budget and Balanced Budget and Emergency Deficit Con-
and Economic Security Act (Public Law 116–136) Emergency Deficit Control Act of 1985. trol Act of 1985.
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H2048 CONGRESSIONAL RECORD — HOUSE May 15, 2020
GENERAL PROVISIONS—THIS TITLE ment; of which $500,000,000 shall be for Staffing 251(b)(2)(A)(i) of the Balanced Budget and
SEC. 10304. (a) Title V of division B of the for Adequate Fire and Emergency Response Emergency Deficit Control Act of 1985.
CARES Act (Public Law 116–136) is amended in Grants; of which $100,000,000 shall be for Emer- UNITED STATES GEOLOGICAL SURVEY
the first proviso under the heading ‘‘Inde- gency Management Performance Grants; and of SURVEYS, INVESTIGATIONS, AND RESEARCH
pendent Agencies—Pandemic Response Ac- which $200,000,000 shall be for the Emergency
For an additional amount for ‘‘Surveys, In-
countability Committee’’ by inserting ‘‘or any Food and Shelter Program: Provided, That such
vestigations, and Research’’, $40,000,000, to re-
other Act (including Acts other than appropria- amount is designated by the Congress as being
main available until September 30, 2021, for
tions Acts)’’ after ‘‘provided in this Act’’. for an emergency requirement pursuant to sec-
technical assistance, biosurveillance of wildlife
(b) Amounts repurposed under this section tion 251(b)(2)(A)(i) of the Balanced Budget and
and environmental persistence studies and re-
that were previously designated by the Con- Emergency Deficit Control Act of 1985.
lated research, database development, and ac-
gress, respectively, as an emergency requirement GENERAL PROVISIONS—THIS TITLE companying activities as described in section
or as being for disaster relief pursuant to the SEC. 10401. Notwithstanding any other provi- 190404 of division S of this Act: Provided, That
Balanced Budget and Emergency Deficit Con- sion of law, funds made available under ‘‘Fed- such amount is designated by the Congress as
trol Act are designated by the Congress as being eral Emergency Management Agency—Federal being for an emergency requirement pursuant to
for an emergency requirement pursuant to sec- Assistance’’ shall only be used for the purposes section 251(b)(2)(A)(i) of the Balanced Budget
tion 251(b)(2)(A)(i) of the Balanced Budget and specifically described under that heading. and Emergency Deficit Control Act of 1985.
Emergency Deficit Control Act of 1985 or as SEC. 10402. (a) Subsections (c)(2), (f), (g)(1), BUREAU OF INDIAN AFFAIRS
being for disaster relief pursuant to section (h)(1)–(4), (h)(6), and (k) of section 33 of the OPERATION OF INDIAN PROGRAMS
251(b)(2)(D) of the Balanced Budget and Emer- Federal Fire Prevention and Control Act of 1974
gency Deficit Control Act of 1985. For an additional amount for ‘‘Operation of
(15 U.S.C. 2229) shall not apply to amounts ap-
SEC. 10305. Title V of division B of the CARES Indian Programs’’, $900,000,000, to remain avail-
propriated for ‘‘Federal Emergency Management
Act (Public Law 116–136) is amended by striking able until September 30, 2021, to prevent, pre-
Agency – Federal Assistance’’ for Assistance to
the fifth proviso under the heading ‘‘General pare for, and respond to coronavirus, of
Firefighter Grants in this Act.
Services Administration—Real Property Activi- which—
(b) Subsection (k) of section 33 of the Federal (1) $100,000,000 shall be for housing improve-
ties—Federal Buildings Fund’’: Provided, That Fire Prevention and Control Act of 1974 (15
the amounts repurposed pursuant to this section ment;
U.S.C. 2229) shall not apply to Amounts pro- (2) $780,000,000 shall be for providing Tribal
that were previously designated by the Congress vided for ‘‘Federal Emergency Management government services, for Tribal government em-
as an emergency requirement pursuant to the Agency–Federal Assistance’’ for Assistance to ployee salaries to maintain operations, and
Balanced Budget and Emergency Deficit Con- Firefighter Grants in title III of division D of cleaning and sanitization of Tribally owned and
trol Act of 1985 are designated by the Congress Public Law 116–93 and in title VI of division B operated facilities; and
as an emergency requirement pursuant to sec- of Public Law 116–136. (3) $20,000,000 shall be used to provide and de-
tion 251(b)(2)(A)(i) of the Balanced Budget and (c) Amounts repurposed under this section liver potable water; and,
Emergency Deficit Control Act of 1985. that were previously designated by the Con- Provided, That none of the funds appropriated
SEC. 10306. For an additional amount for ‘‘De- gress, respectively, as an emergency requirement herein shall be obligated until 3 days after the
partment of the Treasury—Departmental Of- or as being for disaster relief pursuant to the Bureau of Indian Affairs provides a detailed
fices—Coronavirus Relief Fund’’, an amount Balanced Budget and Emergency Deficit Con- spend plan, which includes distribution and use
equal to— trol Act are designated by the Congress as being of funds by Tribe, to the Committees on Appro-
(1) $1,250,000,000; less for an emergency requirement pursuant to sec- priations of the House of Representatives and
(2) the amount allocated for the District of Co- tion 251(b)(2)(A)(i) of the Balanced Budget and the Senate: Provided further, That the Bureau
lumbia pursuant to section 601(c)(6) of the So- Emergency Deficit Control Act of 1985 or as shall notify the Committees on Appropriations
cial Security Act: being for disaster relief pursuant to section of the House of Representatives and the Senate
Provided, That such amounts shall only be 251(b)(2)(D) of the Balanced Budget and Emer- quarterly on the obligations and expenditures of
available for making a payment to the District gency Deficit Control Act of 1985. the funds provided by this Act: Provided fur-
of Columbia, and shall be in addition to any SEC. 10403. Subsections (a)(1)(A), (a)(1)(B), ther, That assistance received herein shall not
other funds available for such purpose: Pro- (a)(1)(E), (a)(1)(G), (c)(1), (c)(2), and (c)(4) of be included in the calculation of funds received
vided further, That the Secretary of the Treas- section 34 of the Federal Fire Prevention and by those Tribal governments who participate in
ury shall pay all amounts provided by this sec- Control Act of 1974 (15 U.S.C. 2229a) shall not the ‘‘Small and Needy’’ program: Provided fur-
tion directly to the District of Columbia not less apply to amounts appropriated for ‘‘Federal ther, That such amounts, if transferred to In-
than 5 days after the date of enactment of this Emergency Management Agency – Federal As- dian Tribes and Tribal organizations under the
Act: Provided further, That the District of Co- sistance’’ for Staffing for Adequate Fire and Indian Self-Determination and Education As-
lumbia shall use such amounts only to cover Emergency Response Grants in this Act and in sistance Act (1) will be transferred on a one-time
costs or replace foregone revenues stemming division D, title III of the Consolidated Appro- basis, (2) are non-recurring funds that are not
from the public health emergency with respect priations Act, 2020 (Public Law 116–93). part of the amount required by 25 U.S.C. 5325,
to the Coronavirus Disease (COVID–19): Pro- and (3) may only be used for the purposes iden-
TITLE V—INTERIOR, ENVIRONMENT, AND
vided further, That such amount is designated tified under this heading in this Act, notwith-
RELATED AGENCIES
by Congress as being for an emergency require- standing any other provision of law: Provided
ment pursuant to section 251(b)(2)(A)(i) of the DEPARTMENT OF THE INTERIOR
further, That section 11008 of this Act shall not
Balanced Budget and Emergency Deficit Con- UNITED STATES FISH AND WILDLIFE SERVICE apply to tribal contracts entered into by the Bu-
trol Act of 1985. RESOURCE MANAGEMENT reau of Indian Affairs with this appropriation:
TITLE IV—HOMELAND SECURITY For an additional amount for ‘‘Resource Man- Provided further, That such amount is des-
DEPARTMENT OF HOMELAND SECURITY agement’’, $21,000,000, to remain available until ignated by the Congress as being for an emer-
OFFICE OF INSPECTOR GENERAL expended for research; listing injurious species; gency requirement pursuant to section
electronic permitting system development; oper- 251(b)(2)(A)(i) of the Balanced Budget and
OPERATIONS AND SUPPORT Emergency Deficit Control Act of 1985.
ation and maintenance; law enforcement inter-
For an additional amount for ‘‘Operations diction and inspections; and other support ac- DEPARTMENTAL OFFICES
and Support’’, $3,000,000, to remain available tivities, as described in sections 190402, 190403, INSULAR AFFAIRS
until September 30, 2022, for oversight of activi- and 190404 of division S of this Act: Provided, ASSISTANCE TO TERRITORIES
ties of the Department of Homeland Security That amounts may be transferred to ‘‘Surveys,
funded in this Act and in title VI of division B For an additional amount for ‘‘Assistance to
Investigations and Research’’ in the United
of Public Law 116–136 to prevent, prepare for, Territories’’, $1,000,000,000, to remain available
States Geological Survey; ‘‘National Oceanic
and respond to coronavirus: Provided, That until expended, to prevent, prepare for, and re-
and Atmospheric Administration’’ in the De-
such amount is designated by the Congress as spond to coronavirus, of which (1) $945,000,000
partment of Commerce; and the ‘‘Center for Dis-
being for an emergency requirement pursuant to is for Capital Improvement Project grants for
ease Control’’ in the Department of Health and
section 251(b)(2)(A)(i) of the Balanced Budget hospitals and other critical infrastructure; and
Human Services: Provided further, That such
and Emergency Deficit Control Act of 1985. (2) $55,000,000 is for territorial assistance, in-
amount is designated by the Congress as being
cluding general technical assistance: Provided,
FEDERAL EMERGENCY MANAGEMENT AGENCY for an emergency requirement pursuant to sec-
That any appropriation for disaster assistance
FEDERAL ASSISTANCE tion 251(b)(2)(A)(i) of the Balanced Budget and
under this heading in this Act or previous ap-
Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘Federal Assist- propriations Acts may be used as non-Federal
ance’’, $1,300,000,000, to remain available until STATE AND TRIBAL WILDLIFE GRANTS matching funds for the purpose of hazard miti-
dlhill on DSK120RN23PROD with HOUSE
September 30, 2021, to prevent, prepare for, and For an additional amount for ‘‘State and gation grants provided pursuant to section 404
respond to coronavirus, of which $500,000,000 Tribal Wildlife Grants’’, $50,000,000, to remain of the Robert T. Stafford Disaster Relief and
shall be for Assistance to Firefighter Grants for available until expended, for a onetime grant Emergency Assistance Act (42 U.S.C. 5170c):
the purchase of personal protective equipment program, as described in section 190405 of divi- Provided further, That amounts repurposed pur-
and related supplies, mental health evaluations, sion S of this Act: Provided, That such amount suant to this section that were previously des-
training, and temporary infectious disease de- is designated by the Congress as being for an ignated by the Congress as an emergency re-
contamination or sanitizing facilities and equip- emergency requirement pursuant to section quirement pursuant to the Balanced Budget and
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2049
Emergency Deficit Control Act of 1985 are des- the Committees on Appropriations of the House 116–136 for full-time equivalent employees, infor-
ignated by the Congress as an emergency re- of Representatives and the Senate, a detailed mation technology upgrades needed to expedite
quirement pursuant to section 251(b)(2)(A)(i) of spend plan that includes the cost, location, and payments and support implementation, includ-
the Balanced Budget and Emergency Deficit expected completion date of each activity: Pro- ing to expedite policy guidance and disburse-
Control Act of 1985: Provided further, That such vided further, That the Indian Health Service ment of funds, technical assistance and other
amount is designated by the Congress as being shall notify the Committees on Appropriations assistance to States and territories to speed pay-
for an emergency requirement pursuant to sec- of the House of Representatives and the Senate ment of Federal and State unemployment bene-
tion 251(b)(2)(A)(i) of the Balanced Budget and quarterly on the obligations and expenditures of fits, and of which the remaining amounts shall
Emergency Deficit Control Act of 1985. the funds provided by this Act: Provided fur- be used to carry out activities under the Work-
OFFICE OF INSPECTOR GENERAL ther, That section 11008 of this Act shall not force Innovation and Opportunity Act (referred
apply to tribal contracts entered into by the Bu- to in this Act as ‘‘WIOA’’) as follows:
SALARIES AND EXPENSES (1) $485,000,000 for grants to the States for
reau of Indian Affairs with this appropriation:
For an additional amount for ‘‘Salaries and Provided further, That such amount is des- adult employment and training activities, in-
Expenses’’ , $5,000,000, to remain available until ignated by the Congress as being for an emer- cluding incumbent worker trainings, transi-
expended: Provided, That such amount is des- gency requirement pursuant to section tional jobs, on-the-job training, individualized
ignated by the Congress as being for an emer- 251(b)(2)(A)(i) of the Balanced Budget and career services, supportive services, needs-re-
gency requirement pursuant to section Emergency Deficit Control Act of 1985. lated payments, and to facilitate remote access
251(b)(2)(A)(i) of the Balanced Budget and to training services provided through a one-stop
Emergency Deficit Control Act of 1985. NATIONAL FOUNDATION ON THE ARTS AND
delivery system through the use of technology,
HUMANITIES
ENVIRONMENTAL PROTECTION AGENCY to remain available until June 30, 2021: Pro-
NATIONAL ENDOWMENT FOR THE ARTS vided, That an adult shall not be required to
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
GRANTS AND ADMINISTRATION meet the requirements of section 134(c)(3)(B) of
For an additional amount for ‘‘Environmental
For an additional amount for ‘‘Grants and the WIOA: Provided further, That an adult who
Programs and Management’’, $50,000,000, to re-
Administration’’, $10,000,000 to remain available meets the requirements described in section
main available until September 30, 2021, for en-
until September 30, 2021, for grants to respond to 2102(a)(3)(A) of Public Law 116–136 may be eligi-
vironmental justice grants as described in sec-
the impacts of coronavirus: Provided, That such ble for participation: Provided further, That pri-
tion 190702 of division S of this Act: Provided,
funds are available under the same terms and ority may be given to individuals who are ad-
That such amount is designated by the Congress
conditions as grant funding appropriated to this versely impacted by economic changes due to
as being for an emergency requirement pursuant
heading in Public Law 116–94: Provided further, the coronavirus, including individuals seeking
to section 251(b)(2)(A)(i) of the Balanced Budget
That 40 percent of such funds shall be distrib- employment, dislocated workers, individuals
and Emergency Deficit Control Act of 1985.
uted to State arts agencies and regional arts or- with barriers to employment, individuals who
DEPARTMENT OF HEALTH AND HUMAN are unemployed, or individuals who are under-
ganizations and 60 percent of such funds shall
SERVICES employed;
be for direct grants: Provided further, That not-
INDIAN HEALTH SERVICE withstanding any other provision of law, such (2) $518,000,000 for grants to the States for
INDIAN HEALTH SERVICES funds may also be used by the recipients of such youth activities, including supportive services,
grants for purposes of the general operations of summer employment for youth, and to facilitate
(INCLUDING TRANSFER OF FUNDS)
such recipients: Provided further, That the remote access to training services provided
For an additional amount for ‘‘Indian Health through a one-stop delivery system through the
Services’’, $2,100,000,000, to remain available matching requirements under subsections (e),
(g)(4)(A), and (p)(3) of section 5 of the National use of technology, to remain available until
until expended, to prevent, prepare for, respond June 30, 2021: Provided, That individuals de-
to, and provide health services related to Foundation on the Arts and Humanities Act of
1965 (20 U.S.C. 954) may be waived with respect scribed in section 2102(a)(3)(A) of Public Law
coronavirus, of which— 116–136 may be eligible for participation as an
(1) $1,000,000,000 shall be used to supplement to such grants: Provided further, That such
amount is designated by the Congress as being out-of-school youth if they meet the require-
reduced third party revenue collections; ments of clauses (i) and (ii) of section
(2) $500,000,000 shall be used for direct health for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and 129(a)(1)(B) or as in-school youth if they meet
and telehealth services, including to purchase the requirements of clauses (i) and (iii) of sec-
supplies and personal protective equipment; Emergency Deficit Control Act of 1985.
tion 129(a)(1)(C) of the WIOA; Provided further,
(3) $140,000,000 shall be used to expand NATIONAL ENDOWMENT FOR THE HUMANITIES That priority shall be given for out-of-school
broadband infrastructure and information tech- GRANTS AND ADMINISTRATION youth and youth with multiple barriers to em-
nology for telehealth and electronic health For an additional amount for ‘‘Grants and ployment: Provided further, That funds shall
record system purposes; Administration’’, $10,000,000 to remain available support employer partnerships for youth em-
(4) $20,000,000 shall be used to address the until September 30, 2021, for grants to respond to ployment and subsidized employment, and part-
needs of domestic violence victims and homeless the impacts of coronavirus: Provided, That such nerships with community-based organizations to
individuals and families; funds are available under the same terms and support such employment;
(5) not less than $64,000,000 shall be for Urban (3) $597,000,000 for grants to States for dis-
conditions as grant funding appropriated to this
Indian Organizations; and, located worker employment and training activi-
heading in Public Law 116–94: Provided further,
(6) not less than $10,000,000 shall be used to ties, including incumbent worker trainings,
That 40 percent of such funds shall be distrib-
provide and deliver potable water: transitional jobs, on-the-job training, individ-
uted to state humanities councils and 60 percent
Provided, That such funds shall be allocated at ualized career services, supportive services,
of such funds shall be for direct grants: Pro-
the discretion of the Director of the Indian needs-related payments, and to facilitate remote
vided further, That notwithstanding any other
Health Service: Provided further, That of the access to training services provided through a
provision of law, such funds may also be used
funds provided herein, not less than $366,000,000 one-stop delivery system through the use of
by the recipients of such grants for purposes of
shall be transferred to and merged with ‘‘Indian technology, to remain available until June 30,
the general operations of such recipients: Pro-
Health Service—Indian Health Facilities’’ at the 2021: Provided, That a dislocated worker shall
vided further, That the matching requirements
discretion of the Director to modify existing not be required to meet the requirements of sec-
under subsection (h)(2)(A) of section 7 of the
health facilities to provide isolation or quar- tion 134(c)(3)(B) of the WIOA: Provided further,
National Foundation on the Arts and Human-
antine space, to purchase and install updated That a dislocated worker who meets the require-
ities Act of 1965 may be waived with respect to
equipment necessary, and for maintenance and ments described in section 2102(a)(3)(A) of Pub-
such grants: Provided further, That such
improvement projects necessary to the purposes lic Law 116–136 may be eligible for participation;
amount is designated by the Congress as being
specified in this Act: Provided further, That (4) $400,000,000 for the dislocated workers as-
for an emergency requirement pursuant to sec-
such amounts may be used to supplement sistance national reserve to remain available
tion 251(b)(2)(A)(i) of the Balanced Budget and
amounts otherwise available for such purposes until September 30, 2023; and
Emergency Deficit Control Act of 1985.
under ‘‘Indian Health Facilities’’: Provided fur- (5) $25,000,000 for migrant and seasonal farm-
ther, That such amounts, if transferred to TITLE VI—DEPARTMENTS OF LABOR, worker programs under section 167 of the WIOA,
Tribes and Tribal organizations under the In- HEALTH AND HUMAN SERVICES, AND including emergency supportive services, to re-
dian Self-Determination and Education Assist- EDUCATION, AND RELATED AGENCIES main available until June 30, 2021, of which no
ance Act, will be transferred on a one-time basis DEPARTMENT OF LABOR less than $500,000 shall be for the collection and
and that these non-recurring funds are not part EMPLOYMENT AND TRAINING ADMINISTRATION dissemination of electronic and printed mate-
of the amount required by section 106 of the In- rials related to coronavirus to the migrant and
TRAINING AND EMPLOYMENT SERVICES
dian Self-Determination and Education Assist- seasonal farmworker population nationwide, in-
ance Act (25 U.S.C. 5325), and that such (INCLUDING TRANSFER OF FUNDS) cluding Puerto Rico, through a cooperative
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amounts may only be used for the purposes For an additional amount for ‘‘Training and agreement;
identified under this heading notwithstanding Employment Services’’, $2,040,000,000, to pre- Provided, That the impact of the COVID–19 na-
any other provision of law: Provided further, vent, prepare for, and respond to coronavirus, tional emergency may be considered as an addi-
That none of the funds appropriated under this of which $15,000,000 shall be transferred to tional factor for reimbursement for on-the-job
heading in this Act for telehealth broadband ac- ‘‘Program Administration’’, to remain available training under section 134(c)(3)(H) of the WIOA
tivities shall be available for obligation until 3 until September 30, 2021, to carry out activities and as a factor in determining an employer’s
days after the Indian Health Service provides to in this Act, Public Law 116–127 and Public Law portion of the costs of providing customized
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H2050 CONGRESSIONAL RECORD — HOUSE May 15, 2020
training under section 3(14) of the WIOA: Pro- ADMINISTRATIVE PROVISION—DEPARTMENT OF determined by the Secretary of Health and
vided further, That notwithstanding section LABOR Human Services: Provided further, That sections
134(d)(5) of the WIOA, a local board may use 40 SEC. 10601. There is hereby appropriated for 2604(c), 2612(b), and 2651(c) of the Public Health
percent of funds received under paragraphs (1) fiscal year 2021 for ‘‘Department of Labor—Em- Service Act shall not apply to funds provided
and (3) for transitional jobs: Provided further, ployment Training Administration—State Un- under this heading in this Act: Provided fur-
That notwithstanding section 194(10) of the employment Insurance and Employment Service ther, That the Secretary may waive any pen-
WIOA, that funds used to support transitional Operations’’, $28,600,000, to be expended from alties and administrative requirements as nec-
jobs may also be used to support public service the Employment Security Administration Ac- essary to ensure that the funds may be used ef-
employment: Provided further, That sections count in the Unemployment Trust Fund (‘‘the ficiently: Provided further, That such amount is
127(b)(1)(C)(iv)(III), 132(b)(1)(B)(iv)(III), and Trust Fund’’) to carry out title III of the Social designated by the Congress as being for an
132(b)(2)(B)(iii)(II) shall not apply to funds ap- Security Act: Provided, That such amount shall emergency requirement pursuant to section
propriated under this heading: Provided fur- only become available for obligation if the Aver- 251(b)(2)(A)(i) of the Balanced Budget and
ther, That such amount is designated by the age Weekly Insured Unemployment (‘‘AWIU’’) Emergency Deficit Control Act of 1985.
Congress as being for an emergency requirement for fiscal year 2021 is projected, by the Depart- CENTERS FOR DISEASE CONTROL AND
pursuant to section 251(b)(2)(A)(i) of the Bal- ment of Labor during fiscal year 2021 to exceed PREVENTION
anced Budget and Emergency Deficit Control 1,728,000: Provided further, That to the extent CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT
Act of 1985. that the AWIU for fiscal year 2021 is projected
WAGE AND HOUR DIVISION For an additional amount for ‘‘CDC–Wide Ac-
by the Department of Labor to exceed 1,728,000, tivities and Program Support’’, $2,130,000,000, to
SALARIES AND EXPENSES an additional $28,600,000 from the Trust Fund remain available until September 30, 2024, to
For an additional amount for ‘‘Wage and shall be made available for obligation during fis- prevent, prepare for, and respond to
Hour Division’’, $6,500,000, to remain available cal year 2021 for every 100,000 increase in the coronavirus, domestically or internationally:
until September 30, 2021, to prevent, prepare for, AWIU level (including a pro rata amount for Provided, That of the amount provided under
and respond to coronavirus, including for the any increment less than 100,000): Provided fur- this heading in this Act, $1,000,000,000 shall be
administration, oversight, and coordination of ther, That, except as specified in this section, for Public Health Emergency Preparedness co-
worker protection activities related thereto: Pro- amounts provided herein shall be available operative agreements under section 319C–1 of
vided, That the Secretary of Labor shall use under the same authority and conditions appli- the Public Health Service Act: Provided further,
funds provided under this heading to support cable to funds provided to carry out title III of That, of the amount provided under this head-
enforcement activities and outreach efforts to the Social Security Act under the heading ‘‘De- ing in this Act, $1,000,000,000 shall be for nec-
make individuals, particularly low-wage work- partment of Labor—Employment Training Ad- essary expenses for grants for core public health
ers, aware of their rights under division C and ministration—State Unemployment Insurance infrastructure for State, local, Territorial, or
division E of Public Law 116–127: Provided fur- and Employment Service Operations’’ in divi- Tribal health departments as described in sec-
ther, That such amount is designated by the sion A of Public Law 116–94: Provided further, tion 30550 of division C of this Act: Provided
Congress as being for an emergency requirement That such amounts shall be in addition to any further, That of the amount made available
pursuant to section 251(b)(2)(A)(i) of the Bal- other funds made available in any fiscal year under this heading in this Act for specified pro-
anced Budget and Emergency Deficit Control for such purposes: Provided further, That such grams, not less than $100,000,000 shall be allo-
Act of 1985. amount is designated by the Congress as being cated to tribes, tribal organizations, urban In-
OCCUPATIONAL SAFETY AND HEALTH for an emergency requirement pursuant to sec- dian health organizations, or health service pro-
ADMINISTRATION tion 251(b)(2)(A)(i) of the Balanced Budget and viders to tribes: Provided further, That of the
SALARIES AND EXPENSES Emergency Deficit Control Act of 1985. amount provided under this heading in this Act,
For an additional amount for ‘‘Occupational DEPARTMENT OF HEALTH AND HUMAN $130,000,000 shall be for public health data sur-
Safety and Health Administration’’, SERVICES veillance and analytics infrastructure mod-
$100,000,000, to remain available until September HEALTH RESOURCES AND SERVICES ernization: Provided further, That funds appro-
30, 2021, for implementation of section 120302 of ADMINISTRATION priated under this heading in this Act for grants
The Heroes Act and for worker protection and PRIMARY HEALTH CARE may be used for the rent, lease, purchase, acqui-
enforcement activities to prevent, prepare for, sition, construction, alteration, or renovation of
For an additional amount for ‘‘Primary
and respond to coronavirus, of which $25,000,000 non-Federally owned facilities to improve pre-
Health Care’’, $7,600,000,000, to remain available
shall be for Susan Harwood training grants and paredness and response capability at the State
until September 30, 2025, for necessary expenses
at least $70,000,000 shall be to hire additional and local level: Provided further, That all con-
to prevent, prepare for, and respond to
compliance safety and health officers, and for struction, alteration, or renovation work, car-
coronavirus, for grants and cooperative agree-
state plan enforcement, to protect workers from ried out, in whole or in part, with funds appro-
ments under the Health Centers Program, as de-
coronavirus by enforcing all applicable stand- priated under this heading in this Act, or under
fined by section 330 of the Public Health Service
ards and directives, including 29 CFR 1910.132, this heading in the CARES ACT (P.L. 116–136),
Act, and for grants to Federally qualified health
29 CFR 1910.134, section 5(a)(1) of the Occupa- shall be subject to the requirements of section
centers, as defined in section 1861(aa)(4)(B) of
tional Safety and Health Act of 1970, and 29 1621(b)(1)(I) of the Public Health Service Act (42
CFR 1910.1030: Provided, That activities to pro- the Social Security Act, and for eligible entities
under the Native Hawaiian Health Care Im- U.S.C. 300s–1(b)(1)(I)): Provided further, That
tect workers from coronavirus supported by such amount is designated by the Congress as
funds provided under this heading includes ad- provement Act, including maintenance or ex-
pansion of health center and system capacity being for an emergency requirement pursuant to
ditional enforcement of standards and directives section 251(b)(2)(A)(i) of the Balanced Budget
referenced in the preceding proviso at slaughter- and staffing levels: Provided, That sections
330(r)(2)(B), 330(e)(6)(A)(iii), and and Emergency Deficit Control Act of 1985.
houses, poultry processing plants, and agricul-
tural workplaces: Provided further, That within 330(e)(6)(B)(iii) shall not apply to funds pro- NATIONAL INSTITUTES OF HEALTH
15 days of the date of enactment of this Act, the vided under this heading in this Act: Provided NATIONAL INSTITUTE OF ALLERGY AND
Secretary of Labor shall submit a spending and further, That funds provided under this heading INFECTIOUS DISEASES
hiring plan for the funds made available under in this Act may be used to (1) purchase equip- For an additional amount for ‘‘National Insti-
this heading, and a monthly staffing report ment and supplies to conduct mobile testing for tute of Allergy and Infectious Diseases’’,
until all funds are expended, to the Committees SARS–CoV–2 or COVID–19; (2) purchase and $500,000,000, to remain available until September
on Appropriations of the House of Representa- maintain mobile vehicles and equipment to con- 30, 2024, to prevent, prepare for, and respond to
tives and the Senate: Provided further, That duct such testing; and (3) hire and train labora- coronavirus: Provided, That such amount is des-
within 15 days of the date of enactment of this tory personnel and other staff to conduct such ignated by the Congress as being for an emer-
Act, the Secretary of Labor shall submit a plan mobile testing: Provided further, That such gency requirement pursuant to section
for the additional enforcement activities de- amount is designated by the Congress as being 251(b)(2)(A)(i) of the Balanced Budget and
scribed in the third proviso to the Committees on for an emergency requirement pursuant to sec- Emergency Deficit Control Act of 1985.
Appropriations of the House of Representatives tion 251(b)(2)(A)(i) of the Balanced Budget and
NATIONAL INSTITUTE OF MENTAL HEALTH
and the Senate: Provided further, That such Emergency Deficit Control Act of 1985.
For an additional amount for ‘‘National Insti-
amount is designated by the Congress as being RYAN WHITE HIV/AIDS PROGRAM
for an emergency requirement pursuant to sec- tute of Mental Health’’, $200,000,000, to remain
For an additional amount for ‘‘Ryan White available until September 30, 2024, to prevent,
tion 251(b)(2)(A)(i) of the Balanced Budget and HIV/AIDS Program’’, $10,000,000, to remain
Emergency Deficit Control Act of 1985. prepare for, and respond to coronavirus: Pro-
available until September 30, 2022, to prevent, vided, That such amount is designated by the
OFFICE OF INSPECTOR GENERAL prepare for, and respond to coronavirus: Pro- Congress as being for an emergency requirement
For an additional amount for ‘‘Office of In- vided, That awards from funds provided under pursuant to section 251(b)(2)(A)(i) of the Bal-
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spector General’’, $5,000,000, to remain available this heading in this Act shall be through modi- anced Budget and Emergency Deficit Control
until expended, to prevent, prepare for, and re- fications to existing contracts and supplements Act of 1985.
spond to coronavirus. Provided, That such to existing grants and cooperative agreements
OFFICE OF THE DIRECTOR
amount is designated by the Congress as being under parts A, B, C, D, F, and section 2692(a)
for an emergency requirement pursuant to sec- of title XXVI of the Public Health Service Act: (INCLUDING TRANSFER OF FUNDS)
tion 251(b)(2)(A)(i) of the Balanced Budget and Provided further, That such supplements shall For an additional amount for ‘‘Office of the
Emergency Deficit Control Act of 1985. be awarded using a data-driven methodology Director’’, $4,021,000,000, to remain available
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2051
until September 30, 2024, to prevent, prepare for, control, and staffing pursuant to section 30209 and Tribes are authorized to use funds appro-
and respond to coronavirus, domestically or of this Act: Provided, That such amount is des- priated under this heading in this Act to provide
internationally: Provided. That not less than ignated by the Congress as being for an emer- child care assistance to health care sector em-
$3,000,000,000 of the amount provided under this gency requirement pursuant to section ployees, emergency responders, sanitation work-
heading in this Act shall be for offsetting the 251(b)(2)(A)(i) of the Balanced Budget and ers, farmworkers, and other workers deemed es-
costs related to reductions in lab productivity Emergency Deficit Control Act of 1985. sential during the response to coronavirus by
resulting from the coronavirus pandemic or pub- ADMINISTRATION FOR CHILDREN AND FAMILIES public officials, without regard to the income
lic health measures related to the coronavirus eligibility requirements of section 658P(4) of
LOW INCOME HOME ENERGY ASSISTANCE
pandemic: Provided further, That up to such Act: Provided further, That funds appro-
$1,021,000,000 of the amount provided under this For an additional amount for ‘‘Low Income priated under this heading in this Act shall be
heading in this Act shall be to support addi- Home Energy Assistance’’, $1,500,000,000, to re- available to eligible child care providers under
tional scientific research or the programs and main available until September 30, 2021, to pre- section 658P(6) of the CCDBG Act, even if such
platforms that support research: Provided fur- vent, prepare for, and respond to coronavirus, providers were not receiving CCDBG assistance
ther, That funds made available under this for making payments under subsection (b) of prior to the public health emergency as a result
heading in this Act may be transferred to the section 2602 of the Low-Income Home Energy of the coronavirus, for the purposes of cleaning
accounts of the Institutes and Centers of the Assistance Act of 1981 (42 U.S.C. 8621 et seq.): and sanitation, and other activities necessary to
National Institutes of Health (‘‘NIH’’): Provided Provided, That of the amount provided under maintain or resume the operation of programs:
further, That this transfer authority is in addi- this heading in this Act, $750,000,000 shall be al- Provided further, That no later than 60 days
tion to any other transfer authority available to located as though the total appropriation for after the date of enactment of this Act, each
the NIH: Provided further, That such amount is such payments for fiscal year 2020 was less than State, Territory, and Tribe that receives funding
designated by the Congress as being for an $1,975,000,000: Provided further, That each under this heading in this Act shall submit to
emergency requirement pursuant to section grantee that receives an allotment of funds the Secretary a report, in such manner as the
251(b)(2)(A)(i) of the Balanced Budget and made available under this heading in this Act Secretary may require, describing how the funds
Emergency Deficit Control Act of 1985. shall, for purposes of income eligibility, deem to appropriated under this heading in this Act will
be eligible any household that documents job be spent and that no later than 90 days after
SUBSTANCE ABUSE AND MENTAL HEALTH
loss or severe income loss dated after February the date of enactment of this Act, the Secretary
SERVICES ADMINISTRATION
29, 2020, such as a layoff or furlough notice or shall submit to the Committees on Appropria-
HEALTH SURVEILLANCE AND PROGRAM SUPPORT verification of application for unemployment tions of the House of Representatives and the
For an additional amount for ‘‘Health Sur- benefits: Provided further, That the limitation Senate, the Committee on Education and Labor
veillance and Program Support’’, $3,000,000,000, in section 2605(b)(9)(A) of the Low-Income Home of the House of Representatives, and the Com-
to remain available until September 30, 2021, to Energy Assistance Act of 1981, regarding plan- mittee on Health, Education, Labor, and Pen-
prevent, prepare for, and respond to ning and administering the use of funds, shall sions of the Senate a report summarizing such
coronavirus: Provided, That of the funds made apply to funds provided under this heading in reports from the States, Territories, and Tribes:
available under this heading in this Act, this Act by substituting ‘‘12.5 percent’’ for ‘‘10 Provided further, That no later than October 31,
$1,500,000,000 shall be for grants for the sub- percent’’: Provided further, That section 2021, each State, Territory, and Tribe that re-
stance abuse prevention and treatment block 2607(b)(2)(B) of such Act (42 U.S.C. ceives funding under this heading in this Act
grant program under subpart II of part B of title 8626(b)(2)(B)) shall not apply to funds made shall submit to the Secretary a report, in such
XIX of the Public Health Service Act (‘‘PHS available under this heading in this Act: Pro- manner as the Secretary may require, describing
Act’’): Provided further, That of the funds made vided further, That such amount is designated how the funds appropriated under this heading
available under this heading in this Act, by the Congress as being for an emergency re- in this Act were spent and that no later than 60
$1,000,000,000 shall be for grants for the commu- quirement pursuant to section 251(b)(2)(A)(i) of days after receiving such reports from the
nity mental health services block grant program the Balanced Budget and Emergency Deficit States, Territories, and Tribes, the Secretary
under subpart I of part B of title XIX of the Control Act of 1985. shall submit to the Committees on Appropria-
PHS Act: Provided further, That of the funds PAYMENTS TO STATES FOR THE CHILD CARE AND tions of the House of Representatives and the
made available under this heading in this Act, DEVELOPMENT BLOCK GRANT Senate, the Committee on Education and Labor
$100,000,000 shall be for services to the homeless of the House of Representatives, and the Com-
population: Provided further, That of the funds For an additional amount for ‘‘Payments to
States for the Child Care and Development mittee on Health, Education, Labor, and Pen-
made available under this heading in this Act, sions of the Senate a report summarizing such
$100,000,000 shall be for activities and services Block Grant’’, $7,000,000,000, to remain available
until September 30, 2021, to prevent, prepare for, reports from the States, Territories, and Tribes:
under Project AWARE: Provided further, That Provided further, That payments made under
of the funds made available under this heading and respond to coronavirus, including for Fed-
eral administrative expenses, which shall be this heading in this Act may be obligated in this
in this Act, $10,000,000 shall be for the National fiscal year or the succeeding two fiscal years:
Child Traumatic Stress Network: Provided fur- used to supplement, not supplant State, Terri-
tory, and Tribal general revenue funds for child Provided further, That funds appropriated
ther, That of the amount made available under under this heading in this Act may be made
this heading in this Act, $265,000,000 is available care assistance for low-income families within
the United States (including territories) without available to restore amounts, either directly or
for activities authorized under section 501(o) of through reimbursement, for obligations incurred
the Public Health Service Act: Provided further, regard to requirements in sections 658E(c)(3)(D)–
(E) or section 658G of the Child Care and Devel- to prevent, prepare for, and respond to
That of the amount made available under this coronavirus, prior to the date of enactment of
heading in this Act, $25,000,000 shall be for the opment Block Grant Act: Provided, That funds
provided under this heading in this Act may be this Act: Provided further, That such amount is
Suicide Lifeline and Disaster Distress Helpline: designated by the Congress as being for an
Provided further, That of the amount made used for costs of providing relief from copay-
ments and tuition payments for families and for emergency requirement pursuant to section
available under this heading in this Act for 251(b)(2)(A)(i) of the Balanced Budget and
specified programs, not less than $150,000,000 paying that portion of the child care provider’s
cost ordinarily paid through family copayments, Emergency Deficit Control Act of 1985.
shall be allocated to tribes, tribal organizations,
urban Indian health organizations, or health or to provide continued payments and assistance to CHILDREN AND FAMILIES SERVICES PROGRAMS
behavioral health service providers to tribes: child care providers in the case of decreased en- For an additional amount for ‘‘Children and
Provided further, That the Substance Abuse and rollment or closures related to coronavirus, and Families Services Programs’’, $1,590,000,000, to
Mental Health Services Administration has to ensure child care providers are able to remain remain available until September 30, 2021, to
flexibility to amend allowable activities, open or reopen as appropriate and applicable: prevent, prepare for, and respond to
timelines, and reporting requirements for the Provided further, That States, Territories, and coronavirus, which shall be used as follows:
Substance Abuse Prevention and Treatment Tribes are encouraged to place conditions on (1) $50,000,000 for Family Violence Prevention
Block Grant and the Community Mental Health payments to child care providers that ensure and Services grants as authorized by section
Services Block Grant pursuant to the public that child care providers use a portion of funds 303(a) and 303(b) of the Family Violence Preven-
health emergency declaration: Provided further, received to continue to pay the salaries and tion and Services Act with such funds available
That such amount is designated by the Congress wages of staff: Provided further, That lead to grantees without regard to matching require-
as being for an emergency requirement pursuant agencies shall, for the duration of the COVID– ments under section 306(c)(4) of such Act, of
to section 251(b)(2)(A)(i) of the Balanced Budget 19 public health emergency, implement enroll- which $2,000,000 shall be for the National Do-
and Emergency Deficit Control Act of 1985. ment and eligibility policies that support the mestic Violence Hotline: Provided, That the Sec-
fixed costs of providing child care services by retary of Health and Human Services may make
CENTERS FOR MEDICARE & MEDICAID SERVICES delinking provider reimbursement rates from an such funds available for providing temporary
PROGRAM MANAGEMENT eligible child’s absence and a provider’s closure housing and assistance to victims of family, do-
dlhill on DSK120RN23PROD with HOUSE
For an additional amount for ‘‘Program Man- due to the COVID–19 public health emergency: mestic, and dating violence;
agement’’, $150,000,000, to remain available Provided further, That the Secretary shall re- (2) $20,000,000 for necessary expenses for com-
through September 30, 2022, to prevent, prepare mind States that CCDBG State plans do not munity-based grants for the prevention of child
for, and respond to coronavirus, for State strike need to be amended prior to utilizing existing abuse and neglect under section 209 of the Child
teams for resident and employee safety in skilled authorities in the Child Care and Development Abuse Prevention and Treatment Act, which the
nursing facilities and nursing facilities, includ- Block Grant Act for the purposes provided here- Secretary shall make without regard to sections
ing activities to support clinical care, infection in: Provided further, That States, Territories, 203(b)(1) and 204(4) of such Act; and
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H2052 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(3) $20,000,000 for necessary expenses for the tion services remotely for individuals with dis- this paragraph in this Act, $500,000,000 shall be
Child Abuse Prevention and Treatment Act abilities: Provided further, That during such available to the Biomedical Advanced Research
State Grant program as authorized by Section emergency period, for the purposes of the pre- and Development Authority to promote innova-
112 of such Act; vious two provisos, to facilitate the ability of in- tion in antibacterial research and development:
(4) $1,500,000,000 for necessary expenses for dividuals with disabilities to remain in their Provided further, That funds made available
grants to carry out the Low-Income Household homes and practice social distancing, the Sec- under this paragraph in this Act may be used
Drinking Water and Wastewater Assistance pro- retary shall waive the prohibitions on the use of for grants for the rent, lease, purchase, acquisi-
gram, as described in section 190703 of division grant funds for direct payment for an assistive tion, construction, alteration, or renovation of
S of this Act. technology device for an individual with a dis- non-Federally owned facilities to improve pre-
Provided, That funds made available under this ability under sections 4(e)(2)(A) and 4(e)(5) of paredness and response capability at the State
heading in this Act may be used for the pur- such Act: Provided further, That such amount and local level: Provided further, That funds
poses provided herein to reimburse costs in- is designated by the Congress as being for an appropriated under this paragraph in this Act
curred between January 20, 2020, and the date emergency requirement pursuant to section may be used for the construction, alteration,
of award: Provided further, That funds appro- 251(b)(2)(A)(i) of the Balanced Budget and renovation or equipping of non-Federally owned
priated by the CARES Act (P.L. 116–136) to Emergency Deficit Control Act of 1985. facilities for the production of vaccines, thera-
carry out the Community Services Block Grant OFFICE OF THE SECRETARY peutics, diagnostics, and medicines and other
Act (42 U.S.C. 9901 et seq.) and received by a PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY items purchased under section 319F–2(a) of the
State shall be made available to eligible entities FUND Public Health Service Act where the Secretary
(as defined in section 673(1)(A) of such Act (42 determines that such a contract is necessary to
For an additional amount for ‘‘Public Health
U.S.C. 9902(1)(A)) not later than either 30 days assure sufficient domestic production of such
and Social Services Emergency Fund’’,
after such State receives such funds or 30 days supplies: Provided further, That all construc-
$4,575,000,000, to remain available until Sep-
after the date of the enactment of this Act, tion, alteration, or renovation work, carried out,
tember 30, 2024, to prevent, prepare for, and re-
whichever occurs later: Provided further, That in whole or in part, with fund appropriated
spond to coronavirus, domestically or inter-
such amount is designated by the Congress as under this heading in this Act, the CARES Act
nationally, including the development of nec-
being for an emergency requirement pursuant to (P.L. 116–136), or the Paycheck Protection Pro-
essary countermeasures and vaccines,
section 251(b)(2)(A)(i) of the Balanced Budget gram and Health Care Enhancement Act (P.L.
prioritizing platform-based technologies with 116–139), shall be subject to the requirements of
and Emergency Deficit Control Act of 1985.
U.S.-based manufacturing capabilities, the pur- 42 U.S.C. 300s-1(b)(1)(I): Provided further, That
ADMINISTRATION FOR COMMUNITY chase of vaccines, therapeutics, diagnostics,
LIVING not later than seven days after the date of en-
necessary medical supplies, as well as medical actment of this Act, and weekly thereafter until
AGING AND DISABILITY SERVICES PROGRAMS surge capacity, addressing blood supply chain, the public health emergency related to
For an additional amount for ‘‘Aging and workforce modernization, telehealth access and coronavirus is no longer in effect, the Secretary
Disability Services Programs’’, $100,000,000, to infrastructure, initial advanced manufacturing, shall report to the Committees on Appropria-
remain available until September 30, 2021, to novel dispensing, enhancements to the U.S. tions of the House of Representatives and the
prevent, prepare for, and respond to the Commissioned Corps, and other preparedness Senate on the current inventory of ventilators
coronavirus: Provided, That of the amount and response activities: Provided, That funds and personal protective equipment in the Stra-
made available under this heading in this Act, appropriated under this paragraph in this Act tegic National Stockpile, including the numbers
$85,000,000 shall be for activities authorized may be used to develop and demonstrate innova- of face shields, gloves, goggles and glasses,
under the Older Americans Act of 1965 (‘‘OAA’’) tions and enhancements to manufacturing plat- gowns, head covers, masks, and respirators, as
and activities authorized under part B of title forms to support such capabilities: Provided fur- well as deployment of ventilators and personal
XX of the Social Security Act, including ther, That the Secretary of Health and Human protective equipment during the previous week,
$20,000,000 for supportive services under part B Services shall purchase vaccines developed reported by state and other jurisdiction: Pro-
of title III; $19,000,000 for nutrition services using funds made available under this para- vided further, That after the date that a report
under subparts 1 and 2 of part C of title III; graph in this Act to respond to an outbreak or is required to be submitted by the preceding pro-
$1,000,000 for nutrition services under title VI; pandemic related to coronavirus in quantities viso, amounts made available for ‘‘Department
$20,000,000 for supportive services for family determined by the Secretary to be adequate to of Health and Human Services—Office of the
caregivers under part E of title III; $10,000,000 address the public health need: Provided fur- Secretary—General Departmental Management’’
for evidence-based health promotion and disease ther, That products purchased by the Federal in Public Law 116–94 for salaries and expenses
prevention services under part D of title III; government with funds made available under of the Immediate Office of the Secretary shall be
$10,000,000 for elder rights protection activities, this paragraph in this Act, including vaccines, reduced by $250,000 for each day that such re-
including the long-term ombudsman program therapeutics, and diagnostics, shall be pur- port has not been submitted: Provided further,
under title VII and adult protective services pro- chased in accordance with Federal Acquisition That not later than the first Monday in Feb-
grams through the Elder Justice Act; and Regulation guidance on fair and reasonable ruary of fiscal year 2021 and each fiscal year
$5,000,000 shall be for grants to States to support pricing: Provided further, That the Secretary thereafter, the Secretary shall include in the an-
the network of statewide senior legal services, may take such measures authorized under cur- nual budget submission for the Department, and
including existing senior legal hotlines, efforts rent law to ensure that vaccines, therapeutics, submit to the Congress, the Secretary’s request
to expand such hotlines to all interested States, and diagnostics developed from funds provided with respect to expenditures necessary to main-
and legal assistance to providers, in order to en- in this Act will be affordable in the commercial tain the minimum level of relevant supplies in
sure seniors have access to legal assistance, with market: Provided further, That in carrying out the Strategic National Stockpile, including in
such fund allotted to States consistent with the previous proviso, the Secretary shall not case of a significant pandemic, in consultation
paragraphs (1) through (3) of section 304(a) of take actions that delay the development of such with the working group under section 319F(a) of
the OAA: Provided further, That State matching products: Provided further, That products pur- the Public Health Service Act and the Public
requirements under sections 304(d)(1)(D) and chased with funds appropriated under this Health Emergency Medical Countermeasures
373(g)(2) of the OAA shall not apply to funds paragraph in this Act may, at the discretion of Enterprise established under section 2811–1 of
made available under this heading: Provided the Secretary of Health and Human Services, be such Act: Provided further, That such amount
further, That of the amount made available deposited in the Strategic National Stockpile is designated by the Congress as being for an
under this heading in this Act, $10,000,000 shall under section 319F–2 of the Public Health Serv- emergency requirement pursuant to section
be for activities authorized in the Developmental ice Act: Provided further, That funds appro- 251(b)(2)(A)(i) of the Balanced Budget and
Disabilities Assistance and Bill of Rights Act of priated under this paragraph in this Act may be Emergency Deficit Control Act of 1985.
2000: Provided further, That of the amount transferred to, and merged with, the fund au- For an additional amount for ‘‘Public Health
made available under this heading in this Act, thorized by section 319F–4, the Covered Counter- and Social Services Emergency Fund’’,
$5,000,000 shall be for activities authorized in measure Process Fund, of the Public Health $100,000,000,000, to remain available until ex-
the Assistive Technology Act of 2004: Provided Service Act: Provided further, That of the pended, to prevent, prepare for, and respond to
further, That of the amount made available in amount made available under this paragraph in coronavirus, for necessary expenses to make
the preceding proviso, $5,000,000 shall be for the this Act, $3,500,000,000 shall be available to the payments under the Health Care Provider Relief
purchase of equipment to allow interpreters to Biomedical Advanced Research and Develop- Fund as described in section 30611 of division C
provide appropriate and essential services to the ment Authority for necessary expenses of ad- of this Act: Provided, That such amount is des-
hearing-impaired community: Provided further, vanced research, development, manufacturing, ignated by the Congress as being for an emer-
That for the purposes of the funding provided in production, and purchase of vaccines and gency requirement pursuant to section
the preceding proviso, during the emergency pe- therapeutics: Provided further, That of the 251(b)(2)(A)(i) of the Balanced Budget and
riod described in section 1135(g)(1)(B) of the So- amount made available under this paragraph in Emergency Deficit Control Act of 1985.
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cial Security Act, for purposes of section this Act, $500,000,000 shall be available to the For an additional amount for ‘‘Public Health
4(e)(2)(A) of the Assistive Technology Act of Biomedical Advanced Research and Develop- and Social Services Emergency Fund’’,
2004, the term ‘‘targeted individuals and enti- ment Authority for the construction, renovation, $75,000,000,000, to remain available until ex-
ties’’ (as that term is defined in section 3(16) of or equipping of U.S.-based next generation man- pended, to prevent, prepare for, and respond to
the Assistive Technology Act of 2004) shall be ufacturing facilities, other than facilities owned coronavirus, for necessary expenses to carry out
deemed to include American Sign Language cer- by the United States Government: Provided fur- the COVID-19 National Testing and Contact
tified interpreters who are providing interpreta- ther, That of the amount made available under Tracing Initiative, as described in subtitle D of
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2053
division C of this Act: Provided, That such education capabilities prior to the coronavirus cation under this heading shall submit an appli-
amount is designated by the Congress as being emergency: Provided further, That the Governor cation at such time, in such manner, and con-
for an emergency requirement pursuant to sec- shall return to the Secretary any funds received taining such information as the Secretary may
tion 251(b)(2)(A)(i) of the Balanced Budget and that the Governor does not award to local edu- reasonably require: Provided further, That the
Emergency Deficit Control Act of 1985. cational agencies and public institutions of Secretary shall issue a notice inviting applica-
DEPARTMENT OF EDUCATION higher education or otherwise commit within tions not later than 15 days after the date of en-
STATE FISCAL STABILIZATION FUND two years of receiving such funds, and the Sec- actment of this Act: Provided further, That any
retary shall reallocate such funds to the remain- State receiving funding under this heading shall
For an additional amount for ‘‘State Fiscal
ing States in accordance with the fourth pro- maintain its percent of total spending on ele-
Stabilization Fund’’, $90,000,000,000, to remain
viso: Provided further, That Governors shall use mentary, secondary, and postsecondary edu-
available until September 30, 2022, to prevent,
State grants and subgrants to maintain or re- cation in fiscal year 2019 for fiscal years 2020,
prepare for, and respond to coronavirus: Pro-
store State and local fiscal support for elemen- 2021, and 2022: Provided further, That a State’s
vided, That the Secretary of Education (referred
tary, secondary and postsecondary education: application shall include assurances that the
to under this heading as ‘‘Secretary’’) shall
Provided further, That funds for local edu- State will maintain support for elementary and
make grants to the Governor of each State for
cational agencies may be used for any activity secondary education in fiscal year 2020, fiscal
support of elementary, secondary, and postsec-
authorized by the ESEA, including the Native year 2021, and fiscal year 2022 at least at the
ondary education and, as applicable, early
Hawaiian Education Act and the Alaska Native level of such support that is the average of such
childhood education programs and services: Pro-
Educational Equity, Support, and Assistance State’s support for elementary and secondary
vided further, That of the amount made avail-
Act, the Individuals with Disabilities Education
able, the Secretary shall first allocate up to one- education in the 3 fiscal years preceding the fis-
Act (‘‘IDEA’’), subtitle B of title VII of the
half of 1 percent to the outlying areas and one- cal year for which State support for elementary
McKinney-Vento Homeless Assistance Act , the
half of 1 percent to the Bureau of Indian Edu- and secondary education is provided: Provided
Adult Education and Family Literacy Act or the
cation (‘‘BIE’’) for activities consistent with this further, That a State’s application shall include
Carl D. Perkins Career and Technical Edu-
heading under such terms and conditions as the assurances that the State will maintain State
cation Act of 2006 (‘‘the Perkins Act’’): Provided
Secretary may determine: Provided further, support for higher education (not including sup-
further, That a State or local educational agen-
That the Secretary may reserve up to $30,000,000 port for capital projects or for research and de-
cy receiving funds under this heading may use
for administration and oversight of the activities the funds for activities coordinated with State, velopment or tuition and fees paid by students)
under this heading: Provided further, That the local, tribal, and territorial public health de- in fiscal year 2020, fiscal year 2021, and fiscal
Secretary shall allocate 61 percent of the re- partments to detect, prevent, or mitigate the year 2022 at least at the level of such support
maining funds made available to carry out this spread of infectious disease or otherwise respond that is the average of such State’s support for
heading to the States on the basis of their rel- to coronavirus; support online learning by pur- higher education (which shall include State and
ative population of individuals aged 5 through chasing educational technology and internet ac- local government funding to institutions of
24 and allocate 39 percent on the basis of their cess for students, which may include assistive higher education and state financial aid) in the
relative number of children counted under sec- technology or adaptive equipment, that aids in 3 fiscal years preceding the fiscal year for which
tion 1124(c) of the Elementary and Secondary regular and substantive educational inter- State support for higher education is provided,
Education Act of 1965 (referred to under this actions between students and their classroom in- and that any such State’s support for higher
heading as ‘‘ESEA’’) as State grants: Provided structor; provide ongoing professional develop- education funding, as calculated as spending
further, That State grants shall support state- ment to staff in how to effectively provide qual- for public higher education per full-time equiva-
wide elementary, secondary, and postsecondary ity online academic instruction; provide assist- lent student, shall be at least the same in fiscal
activities; subgrants to local educational agen- ance for children and families to promote equi- year 2022 as it was in fiscal year 2019: Provided
cies; and, subgrants to public institutions of table participation in quality online learning; further, That in such application, the Governor
higher education: Provided further, That States plan and implement activities related to supple- shall provide baseline data that demonstrates
shall allocate 65 percent of the funds received mental afterschool programs and summer learn- the State’s current status in each of the areas
under the fourth proviso as subgrants to local ing, including providing classroom instruction described in such assurances in the preceding
educational agencies in proportion to the or quality online learning during the summer provisos: Provided further, That a State’s appli-
amount of funds such local educational agen- months; plan for and coordinate during long- cation shall include assurances that the State
cies received under part A of title I of the ESEA term closures, provide technology for quality on- will not construe any provisions under this
in the most recent fiscal year: Provided further, line learning to all students, and how to support heading as displacing any otherwise applicable
That States shall allocate 30 percent of the the needs of low-income students, racial and provision of any collective-bargaining agreement
funds received under the fourth proviso as sub- ethnic minorities, students with disabilities, between an eligible entity and a labor organiza-
grants to public institutions of higher edu- English learners, students experiencing home- tion as defined by section 2(5) of the National
cation, of which the Governor shall reserve a lessness, and children in foster care, including Labor Relations Act (29 U.S.C. 152(5)) or analo-
percentage necessary to make the minimum how to address learning gaps that are created or gous State law: Provided further, That a State’s
grants described in the next proviso and, of the exacerbated due to long-term closures; support application shall include assurances that the
amounts remaining after making such reserva- the continuity of student engagement through State shall maintain the wages, benefits, and
tion, 75 percent shall be apportioned according social and emotional learning; and other activi- other terms and conditions of employment set
to the relative share in the State of students ties that are necessary to maintain the oper- forth in any collective-bargaining agreement be-
who received Pell Grants who are not exclu- ation of and continuity of services in local edu- tween the eligible entity and a labor organiza-
sively enrolled in distance education courses cational agencies, including maintaining em- tion, as defined in the preceding proviso: Pro-
prior to the coronavirus emergency at the insti- ployment of existing personnel, and reimburse- vided further, That a State’s application shall
tution in the previous award year and 25 per- ment for eligible costs incurred during the na- include assurances that all students with dis-
cent shall be apportioned according to the rel- tional emergency: Provided further, That a pub- abilities are afforded their full rights under
ative share in the State of the total enrollment lic institution of higher education that receives IDEA, including all rights and services outlined
of students at the institution who are not exclu- funds under this heading shall use funds for in individualized education programs (‘‘IEPs’’):
sively enrolled in distance education courses education and general expenditures (including Provided further, That a State receiving funds
prior to the coronavirus emergency at the insti- defraying expenses due to lost revenue, reim- under this heading shall submit a report to the
tution in the previous award year: Provided fur- bursement for expenses already incurred, and Secretary, at such time and in such manner as
ther, That any public institution of higher edu- payroll) and grants to students for expenses di- the Secretary may require, that describes the use
cation that is not otherwise eligible for a grant rectly related to coronavirus and the disruption of funds provided under this heading: Provided
of at least $1,000,000 under the preceding proviso of campus operations (which may include emer- further, That no recipient of funds under this
and has an enrollment of at least 500 students gency financial aid to students for tuition, food, heading shall use funds to provide financial as-
shall be eligible to receive an amount equal to housing, technology, health care, and child care sistance to students to attend private elementary
whichever is lesser of the total loss of revenue costs that shall not be required to be repaid by or secondary schools, unless such funds are
and increased costs associated with the such students) or for the acquisition of tech- used to provide special education and related
coronavirus or $1,000,000: Provided further, nology and services directly related to the need services to children with disabilities whose IEPs
That the Governor shall use any remaining for distance education and the training of fac- require such placement, and where the school
funds that were unnecessary to carry out the ulty and staff to use such technology and serv- district maintains responsibility for providing
previous proviso to distribute such funds to in- ices: Provided further, That an institution of such children a free appropriate public edu-
stitutions of higher education in accordance higher education may not use funds received cation, as authorized by IDEA: Provided fur-
with the formula in the preceding provisos: Pro- under this heading to increase its endowment or ther, That a local educational agency, State, in-
vided further, That the Governor may use any provide funding for capital outlays associated stitution of higher education, or other entity
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funds received under the fourth proviso that are with facilities related to athletics, sectarian in- that receives funds under ‘‘State Fiscal Sta-
not specifically reserved under this heading for struction, or religious worship: Provided fur- bilization Fund’’, shall to the greatest extent
additional support to elementary, secondary, ther, That funds may be used to support hourly practicable, continue to pay its employees and
and postsecondary education, including sup- workers, such as education support profes- contractors during the period of any disruptions
ports for under-resourced institutions, institu- sionals, classified school employees, and adjunct or closures related to coronavirus: Provided fur-
tions with high burden due to the coronavirus, and contingent faculty: Provided further, That ther, That the terms ‘‘elementary education’’
and institutions who did not possess distance a Governor of a State desiring to receive an allo- and ‘‘secondary education’’ have the meaning
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H2054 CONGRESSIONAL RECORD — HOUSE May 15, 2020
given such terms under State law: Provided fur- (ii) 20 percent according to a ratio equivalent enrollment of at least 500 students shall be eligi-
ther, That the term ‘‘institution of higher edu- to the total number of students enrolled at such ble to receive, from amounts reserved under
cation’’ has the meaning given such term in sec- institution at the end of the school year pre- paragraph (2)(A)(i), an amount equal to which-
tion 101 of the Higher Education Act of 1965: ceding the beginning of that fiscal year and the ever is the lesser of the total loss of revenue and
Provided further, That the term ‘‘fiscal year’’ number of students enrolled at all such institu- increased costs associated with the coronavirus
shall have the meaning given such term under tions; and or $1,000,000: Provided further, That of the
State law: Provided further, That the term (iii) 10 percent according to a ratio equivalent funds provided under paragraph 2(B), the Sec-
‘‘State’’ means each of the 50 States, the District to the total endowment size at all eligible insti- retary shall make an application available for
of Columbia, and the Commonwealth of Puerto tutions at the end of the school year preceding institutions of higher education to demonstrate
Rico: Provided further, That such amount is the beginning of that fiscal year and the total unmet need, which shall include for this pur-
designated by the Congress as being for an endowment size at such institutions; pose a dramatic decline in revenue as a result of
emergency requirement pursuant to section (B) For eligible institutions under section 326 campus closure, exceptional costs or challenges
251(b)(2)(A)(i) of the Balanced Budget and of the Higher Education Act, the Secretary shall implementing distance education platforms due
Emergency Deficit Control Act of 1985. allot to each eligible institution an amount in to lack of a technological infrastructure, serving
HIGHER EDUCATION proportion to the award received from funding a large percentage of students who lack access
for such institutions in the Further Consoli- to adequate technology to move to distance edu-
For an additional amount for ‘‘Higher Edu-
dated Appropriations Act, 2020 (Public Law 116– cation, serving a region or community that has
cation’’, $10,150,000,000, to remain available
94); been especially impacted by increased unem-
until September 30, 2021, to prevent, prepare for, (C) For eligible institutions under section 316
and respond to coronavirus, of which $11,000,000 ployment and displaced workers, serving com-
of the Higher Education Act, the Secretary shall munities or regions where the number of
shall be transferred to ‘‘National Technical In- allot funding according to the formula in sec-
stitute for the Deaf’’ to help defray expenses coronavirus cases has imposed exceptional costs
tion 316(d)(3) of the Higher Education Act; on the institution, and other criteria that the
(which may include lost revenue, reimbursement (D) Notwithstanding section 318(f) of the
for expenses already incurred, technology costs Secretary shall identify after consultation with
Higher Education Act, for eligible institutions institutions of higher education or their rep-
associated with a transition to distance edu- under section 318 of the Higher Education Act,
cation, sign language and captioning costs asso- resentatives: Provided further, That no institu-
the Secretary shall allot funding according to tion may receive an award unless it has sub-
ciated with a transition to distance education, the formula in section 318(e) of the Higher Edu-
faculty and staff trainings, and payroll) directly mitted an application that describes the impact
cation Act; of the coronavirus on the institution and the
caused by coronavirus and to enable emergency (E) Except as provided in subparagraphs (C)
financial aid to students for expenses directly ways that the institution will use the funds to
and (D), for eligible institutions under part A of ameliorate such impact: Provided further, That
related to coronavirus and the disruption of title III of the Higher Education Act and parts
university operations (which may include food, the Secretary shall brief the Committees on Ap-
A and B of title V, the Secretary shall issue an propriations fifteen days in advance of making
housing, transportation, technology, health application for eligible institutions to dem-
care, and child care), of which $20,000,000 shall any application available for funds under para-
onstrate unmet need, and the Secretary shall graph (2)(B): Provided further, That such
be transferred to ‘‘Howard University’’ to help allow eligible institutions to apply for funds
defray expenses (which may include lost rev- amount is designated by the Congress as being
under one of the programs for which they are for an emergency requirement pursuant to sec-
enue, reimbursement for expenses already in- eligible.
curred, technology costs associated with a tran- tion 251(b)(2)(A)(i) of the Balanced Budget and
(2) $8,400,000,000 for part B of title VII of the Emergency Deficit Control Act of 1985.
sition to distance education, technology costs HEA for institutions of higher education (as de-
associated with a transition to distance edu- fined in section 101 or 102(c) of the HEA) to ad- GENERAL PROVISIONS—DEPARTMENT OF
cation, faculty and staff trainings, and payroll) dress needs directly related to coronavirus as EDUCATION
directly related to coronavirus and to enable follows: SEC. 10602. Amounts made available to ‘‘De-
grants to students for expenses directly related (A) $7,000,000,000 shall be provided to private, partment of Education—Office of Inspector Gen-
to coronavirus and the disruption of university nonprofit institutions of higher education— eral’’ in title VIII of division B of Public Law
operations (which may include food, housing, (i) by reserving an amount necessary to make 116–136 are hereby permanently rescinded, and
transportation, technology, health care, and the minimum grants described in the second to an amount of additional new budget authority
child care), of which $11,000,000 shall be trans- last proviso under this heading; and equivalent to the amount rescinded is hereby
ferred to ‘‘Gallaudet University’’ to help defray (ii) from amounts not reserved under clause appropriated, to remain available until ex-
expenses (which may include lost revenue, reim- (i), by apportioning— pended, for the same purposes and under the
bursement for expenses already incurred, tech- (I) 75 percent according to the relative share same authorities as they were originally appro-
nology costs associated with a transition to dis- of enrollment of Federal Pell Grant recipients priated, and shall be in addition to any other
tance education, sign language and captioning who are not exclusively enrolled in distance funds available for such purposes: Provided,
costs associated with a transition to distance education courses prior to the coronavirus emer- That the amounts appropriated by this section
education, faculty and staff trainings, and pay- gency; and may also be used for investigations and are
roll) directly related to coronavirus and to en- (II) 25 percent according to the relative share available until expended: Provided further,
able grants to students for expenses directly re- of the total enrollment of students who were not That such amount is designated by the Congress
lated to coronavirus and the disruption of uni- Federal Pell Grant recipients who are not exclu- as being for an emergency requirement pursuant
versity operations (which may include food, sively enrolled in distance education courses to section 251(b)(2)(A)(i) of the Balanced Budget
housing, transportation, technology, health prior to the coronavirus emergency. and Emergency Deficit Control Act of 1985.
care, and child care), and of which the remain- (B) $1,400,000,000 shall be for institutions of SEC. 10603.
ing amounts shall be used to carry out parts A higher education with unmet need related to the The Coronavirus Aid, Relief, and Economic
and B of title III, parts A and B of title V, sub- coronavirus, including institutions of higher Security Act (P.L. 116–136) is amended by strik-
part 4 of part A of title VII, and part B of title education that offer their courses and programs ing section 18001(a)(3): Provided, That amounts
VII of the Higher Education Act of 1965 exclusively through distance education: repurposed pursuant to the amendment made by
(‘‘HEA’’) as follows: Provided, That funds shall be used to make pay- this section that were previously designated by
(1) $1,708,000,000 for parts A and B of title III, ments to such institutions to provide emergency the Congress as an emergency requirement pur-
parts A and B of title V, and subpart 4 of part grants to students who attended such institu- suant to the Balanced Budget and Emergency
A of title VII of the HEA to address needs di- tions at any point during the coronavirus emer- Deficit Control Act of 1985 are designated by the
rectly related to coronavirus: Provided, That gency and for any component of the student’s Congress as an emergency requirement pursuant
such amount shall be allocated by the Secretary cost of attendance (as defined under section 472 to section 251(b)(2)(A)(i) of the Balanced Budget
proportionally to such programs covered under of the HEA), including tuition, food, housing, and Emergency Deficit Control Act of 1985.
this paragraph and based on the relative share course materials, technology, health care, and SEC. 10604.
of funding appropriated to such programs in the child care): Provided further, That institutions Section 18005(a) of the Coronavirus Aid, Re-
Further Consolidated Appropriations Act, 2020 of higher education may use such funds to de- lief, and Economic Security Act (P.L. 116–136) is
(Public Law 116–94) and distributed to institu- fray expenses (including lost revenue, reim- amended by inserting ‘‘including subsections
tions of higher education as follows: bursement for expenses already incurred, tech- (a)(4)(A)(i) and (c) of such section’’ after ‘‘sec-
(A) Except as otherwise provided in subpara- nology costs associated with a transition to dis- tion 1117’’ and by inserting ‘‘Such equitable
graph (B), for eligible institutions under part B tance education, faculty and staff trainings, services shall be provided by the local edu-
of title III and subpart 4 of part A of title VII and payroll) incurred by institutions of higher cational agency in which the students reside,
of the Higher Education Act, the Secretary shall education: Provided further, That such pay- and the amount of funds available for such eq-
allot to each eligible institution an amount ments shall not be used to increase endowments uitable services shall be based on the number of
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using the following formula: or provide funding for capital outlays associated nonpublic school students who were identified
(i) 70 percent according to a ratio equivalent with facilities related to athletics, sectarian in- in the calculation under section 1117(c)(1) of the
to the number of Pell Grant recipients in attend- struction, or religious worship: Provided fur- ESEA for purposes of Title I–A during the 2019–
ance at such institution at the end of the school ther, That any private, nonprofit institution of 2020 school year relative to the sum of such stu-
year preceding the beginning of that fiscal year higher education that is not otherwise eligible dents in public schools during the 2019–2020
and the total number of Pell Grant recipients at for a grant of at least $1,000,000 under para- school year.’’ after ‘‘representatives of non-
all such institutions; graph (2)(A)(ii) of this heading and has a total public schools.’’: Provided, That amounts
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2055
repurposed pursuant to the amendment made by provided to ‘‘Corporation for National and Com- LIMITATION ON THE OFFICE OF INSPECTOR
this section that were previously designated by munity Service—Office of Inspector General’’ in GENERAL
the Congress as an emergency requirement pur- title IV of division A of the Further Consoli- For an additional amount for ‘‘Office of the
suant to the Balanced Budget and Emergency dated Appropriations Act, 2020 (Public Law 116– Inspector General’’, $500,000, to remain avail-
Deficit Control Act of 1985 are designated by the 94), are hereby permanently rescinded, and an able until expended, to prevent, prepare for, and
Congress as an emergency requirement pursuant amount of additional new budget authority respond to coronavirus, including salaries and
to section 251(b)(2)(A)(i) of the Balanced Budget equal to the amount rescinded is hereby appro- expenses necessary for oversight, investigations
and Emergency Deficit Control Act of 1985. priated on September 30, 2020, to remain avail- and audits of the Railroad Retirement Board
SEC. 10605. able until September 30, 2021, for the same pur- and railroad unemployment insurance benefits
Section 18004(c) of the Coronavirus Aid, Re- poses and under the same authorities that they funded in this Act and Public Law 116–136: Pro-
lief, and Economic Security Act (P.L. 116–136) is were originally made available in Public Law vided, That such amount is designated by the
amended by striking ‘‘to cover any costs associ- 116–94, which shall be in addition to any other Congress as being for an emergency requirement
ated with significant changes to the delivery of funds available for such purposes: Provided, pursuant to section 251(b)(2)(A)(i) of the Bal-
instruction due to the coronavirus’’ and insert- That such amount is designated by the Congress anced Budget and Emergency Deficit Control
ing ‘‘to defray expenses (including lost revenue, as being for an emergency requirement pursuant Act of 1985.
reimbursement for expenses already incurred, to section 251(b)(2)(A)(i) of the Balanced Budget GENERAL PROVISIONS—THIS TITLE
technology costs associated with a transition to and Emergency Deficit Control Act of 1985.
distance education, faculty and staff trainings, SEC. 10608. Notwithstanding any other provi-
(d)(1) Section 3514(b) of title III of division A
payroll) incurred by institutions of higher edu- sion of law, funds made available under each
of Public Law 116–136 is hereby repealed, and
cation.’’: Provided, That amounts repurposed heading in this title shall only be used for the
such section shall be applied hereafter as if such
pursuant to the amendment made by this section purposes specifically described under that head-
subsection had never been enacted.
that were previously designated by the Congress ing.
(2)(A) IN GENERAL.—The amounts provided SEC. 10609. Funds appropriated by this title
as an emergency requirement pursuant to the under this subsection are designated as an emer-
Balanced Budget and Emergency Deficit Con- may be used by the Secretary of the Health and
gency requirement pursuant to section 4(g) of Human Services to appoint, without regard to
trol Act of 1985 are designated by the Congress the Statutory Pay-As-You-Go Act of 2010 (2
as an emergency requirement pursuant to sec- the provisions of sections 3309 through 3319 of
U.S.C. 933(g)), and the budgetary effects shall title 5 of the United States Code, candidates
tion 251(b)(2)(A)(i) of the Balanced Budget and not be entered on either PAYGO scorecard
Emergency Deficit Control Act of 1985. needed for positions to perform critical work re-
maintained pursuant to section 4(d) of such Act. lating to coronavirus for which—
SEC. 10606. With respect to the allocation and (B) DESIGNATION IN THE SENATE.—In the Sen-
award of funds under this title, the Secretary of (1) public notice has been given; and
ate, this subsection is designated as an emer- (2) the Secretary has determined that such a
Education is prohibited from— gency requirement pursuant to section 4112(a) of
(a) establishing a priority or preference not public health threat exists.
H. Con. Res. 71 (115th Congress), the concurrent SEC. 10610. Funds made available by this title
specified in this title; and
(b) imposing limits on the use of such funds resolution on the budget for fiscal year 2018, may be used to enter into contracts with indi-
not specified in this title. and the budgetary effects shall not be entered viduals for the provision of personal services (as
on any PAYGO scorecard maintained for pur- described in section 104 of part 37 of title 48,
RELATED AGENCIES poses of section 4106 of such concurrent resolu- Code of Federal Regulations (48 CFR 37.104)) to
CORPORATION FOR NATIONAL AND COMMUNITY tion. support the prevention of, preparation for, or
SERVICE (C) CLASSIFICATION OF BUDGETARY EFFECTS.— response to coronavirus, domestically and inter-
ADMINISTRATIVE PROVISIONS—CORPORATION FOR Notwithstanding Rule 3 of the Budget nationally, subject to prior notification to the
NATIONAL AND COMMUNITY SERVICE Scorekeeping Guidelines set forth in the joint Committees on Appropriations of the House of
SEC. 10607. (a) The remaining unobligated bal- explanatory statement of the committee of con- Representatives and the Senate: Provided, That
ances of funds as of September 30, 2020, from ference accompanying Conference Report 105– such individuals may not be deemed employees
amounts provided to ‘‘Corporation for National 217 and section 250(c)(7) and (c)(8) of the Bal- of the United States for the purpose of any law
and Community Service—Salaries and Ex- anced Budget and Emergency Deficit Control administered by the Office of Personnel Man-
penses’’ in title IV of division A of the Further Act of 1985, the budgetary effects of this sub- agement: Provided further, That the authority
Consolidated Appropriations Act, 2020 (Public section shall not be estimated— made available pursuant to this section shall ex-
Law 116–94), are hereby permanently rescinded, (i) for purposes of section 251 of such Act; and pire on September 30, 2024.
and an amount of additional new budget au- (ii) for purposes of paragraph (4)(C) of section SEC. 10611. Not later than 30 days after the
thority equal to the unobligated balances re- 3 of the Statutory Pay As-You-Go Act of 2010 as date of enactment of this Act, the Secretary of
scinded is hereby appropriated on September 30, being included in an appropriation Act. Health and Human Services shall provide a de-
2020, to remain available until September 30, INSTITUTE OF MUSEUM AND LIBRARY SERVICES tailed spend plan of anticipated uses of funds
2021, for the same purposes and under the same made available to the Department of Health and
OFFICE OF MUSEUM AND LIBRARY SERVICES: Human Services in this Act, including estimated
authorities that they were originally made
GRANTS AND ADMINISTRATION personnel and administrative costs, to the Com-
available in Public Law 116–94, which shall be
in addition to any other funds available for For an additional amount for ‘‘Institute of mittees on Appropriations of the House of Rep-
such purposes: Provided, That such amount is Museum and Library Services’’, $5,000,000, to re- resentatives and the Senate: Provided, That
designated by the Congress as being for an main available until September 30, 2021, to pre- such plans shall be updated and submitted to
emergency requirement pursuant to section vent, prepare for, and respond to coronavirus, such Committees every 60 days until September
251(b)(2)(A)(i) of the Balanced Budget and including grants to States, territories, tribes, 30, 2024: Provided further, That the spend plans
Emergency Deficit Control Act of 1985. museums, and libraries, to expand digital net- shall be accompanied by a listing of each con-
(b) The remaining unobligated balances of work access, purchase internet accessible de- tract obligation incurred that exceeds $5,000,000
funds as of September 30, 2020, from amounts vices, provide technical support services, and for which has not previously been reported, includ-
provided to ‘‘Corporation for National and Com- operational expenses: Provided, That any ing the amount of each such obligation.
munity Service—Operating Expenses’’ in title IV matching funds requirements for States, tribes, SEC. 10612. Not later than September 30, 2020,
of division A of the Further Consolidated Ap- libraries, and museums are waived for grants the remaining unobligated balances of funds
propriations Act, 2020 (Public Law 116–94), are provided with funds made available under this made available through September 30, 2020,
hereby permanently rescinded, and an amount heading in this Act: Provided further, That under the heading ‘‘National Institutes of
of additional new budget authority equal to the such amount is designated by the Congress as Health’’ in the Further Consolidated Appropria-
unobligated balances rescinded is hereby appro- being for an emergency requirement pursuant to tions Act, 2020 (Public Law 116–94) are hereby
priated on September 30, 2020, to remain avail- section 251(b)(2)(A)(i) of the Balanced Budget permanently rescinded, and an amount of addi-
able until September 30, 2021, for the same pur- and Emergency Deficit Control Act of 1985. tional new budget authority equivalent to the
poses and under the same authorities that they RAILROAD RETIREMENT BOARD amount rescinded from each account is hereby
were originally made available in Public Law appropriated to that account, to remain avail-
LIMITATION ON ADMINISTRATION able until September 30, 2021, and shall be avail-
116–94, which shall be in addition to any other
funds available for such purposes: Provided, For an additional amount for ‘‘Limitation on able for the same purposes, in addition to other
That any amounts appropriated by the pre- Administration’’, $4,500,000, to remain available funds as may be available for such purposes,
ceding proviso shall not be subject to the allot- until September 30, 2021, to prevent, prepare for, and under the same authorities for which the
ment requirements otherwise applicable under and respond to coronavirus, including the expe- funds were originally provided in Public Law
sections 129(a), (b), (d), and (e) of the National ditious dispensation of railroad unemployment 116–94: Provided, That such amount is des-
and Community Service Act of 1993: Provided insurance benefits, and to support full-time ignated by the Congress as being for an emer-
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further, That such amount is designated by the equivalents and overtime hours as needed to ad- gency requirement pursuant to section
Congress as being for an emergency requirement minister the Railroad Unemployment Insurance 251(b)(2)(A)(i) of the Balanced Budget and
pursuant to section 251(b)(2)(A)(i) of the Bal- Act: Provided, That such amount is designated Emergency Deficit Control Act of 1985.
anced Budget and Emergency Deficit Control by the Congress as being for an emergency re- SEC. 10613. Funds made available in Public
Act of 1985. quirement pursuant to section 251(b)(2)(A)(i) of Law 113–235 to the accounts of the National In-
(c) The remaining unobligated balances of the Balanced Budget and Emergency Deficit stitutes of Health that were available for obliga-
funds as of September 30, 2020, from amounts Control Act of 1985. tion through fiscal year 2015 and were obligated
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H2056 CONGRESSIONAL RECORD — HOUSE May 15, 2020
for multi-year research grants shall be available and Agency Operations (division B of Public States shall be apportioned to States in the same
through fiscal year 2021 for the liquidation of Law 116–136) is amended by inserting at the end ratio as the obligation limitation for fiscal year
valid obligations if the Director of the National before the period ‘‘and is further amended by 2020 was distributed among the States in accord-
Insitutes of Health determines the project suf- striking ‘$5,563,619’ in the second proviso under ance with the formula specified in section
fered an interruption of activities attributable to the heading ‘Repatriation Loans Program Ac- 120(a)(5) of division H of Public Law 116–94 and
SARS–CoV–2: Provided, That such amount is count’ and inserting in lieu thereof shall be apportioned not later than 30 days after
designated by the Congress as being for an ‘$15,563,619’ ’’. the date of enactment of this Act: Provided fur-
emergency requirement pursuant to section SEC. 10802. Section 21009 of the Emergency Ap- ther, That the funds made available under this
251(b)(2)(A)(i) of the Balanced Budget and propriations for Coronavirus Health Response heading shall be administered as if apportioned
Emergency Deficit Control Act of 1985. and Agency Operations (division B of Public under chapter 1 of title 23, United States Code,
SEC. 10614. Of the funds appropriated by this Law 116–136) is amended by striking ‘‘fiscal year except that activities eligible under the Tribal
title under the heading ‘‘Public Health and So- 2020’’ and inserting in lieu thereof ‘‘fiscal years Transportation Program shall be administered
cial Services Emergency Fund’’, $75,000,000 shall 2020 and 2021’’: Provided, That the amount pro- as if allocated under chapter 2 of title 23, United
be transferred to, and merged with, funds made vided by this section is designated by the Con- States Code: Provided further, That funds ap-
available under the heading ‘‘Office of the Sec- gress as being for an emergency requirement portioned to a State under this heading shall be
retary, Office of Inspector General’’, and shall pursuant to section 251(b)(2)(A)(i) of the Bal- suballocated within the State to areas described
remain available until expended, for oversight of anced Budget and Emergency Deficit Control in subsection 133(d)(1)(A)(i) of title 23, United
activities supported with funds appropriated to Act of 1985. States Code, in the same ratio that funds sub-
the Department of Health and Human Services allocated to those areas for fiscal year 2020
TITLE IX
in this Act: Provided, That the Inspector Gen- bears to the total amount of funds apportioned
eral of the Department of Health and Human TRANSPORTATION, HOUSING AND URBAN to the State for the Federal-aid highway pro-
Services shall consult with the Committees on DEVELOPMENT, AND RELATED AGENCIES gram under section 104 of such title for fiscal
Appropriations of the House of Representatives DEPARTMENT OF TRANSPORTATION year 2020: Provided further, That of funds made
and the Senate prior to obligating such funds: FEDERAL AVIATION ADMINISTRATION available under this heading for activities eligi-
Provided further, That the transfer authority ble under section 133(b) of title 23, United States
OPERATIONS
provided by this section is in addition to any Code, any such activity shall be subject to the
other transfer authority provided by law. For an additional amount for ‘‘Operations’’, requirements of section 133(i) of such title: Pro-
$75,000,000, to remain available until September vided further, That, except as provided in the
TITLE VII—LEGISLATIVE BRANCH 30, 2022, to prevent, prepare for, and respond to following proviso, the funds made available
HOUSE OF REPRESENTATIVES coronavirus: Provided, That amounts made under this heading for activities eligible under
For an additional amount for the ‘‘House of available under this heading in this Act shall be the Puerto Rico Highway Program and activities
Representatives’’, $5,000,000, to remain available derived from the general fund, of which not less eligible under the Territorial Highway Program
until September 30, 2021, for necessary expenses than $1,000,000 shall be for the Administrator to shall be administered as if allocated under sec-
to prevent, prepare for, and respond to seek to enter into an agreement not later than tions 165(b) and 165(c), respectively, of such
coronavirus: Provided, That the amounts made 45 days after the date of enactment of this Act title: Provided further, That the funds made
available under this heading in this Act shall be with a research organization established under available under this heading for activities eligi-
allocated in accordance with a spend plan sub- chapter 1503 of title 36, United States Code, to ble under the Puerto Rico Highway Program
mitted to the Committee on Appropriations of conduct a study to determine whether the envi- shall not be subject to the requirements of sec-
the House of Representatives by the Chief Ad- ronmental controls systems in commercial air- tions 165(b)(2)(A) or 165(b)(2)(B) of such title:
ministrative Officer and approved by such Com- liners recirculate pathogens in the cabin air and Provided further, That for amounts subject to
mittee: Provided further, That such amount is to assess existing and potential technological so- the obligation limitation under the heading
designated by the Congress as being for an lutions to reduce pathogen recirculation and to ‘‘Department of Transportation—Federal High-
emergency requirement pursuant to section mitigate any elevated risk of exposure to patho- way Administration—Federal-aid Highways—
251(b)(2)(A)(i) of the Balanced Budget and gens in the cabin air: Provided further That (Limitation on Obligations)—(Highway Trust
Emergency Deficit Control Act of 1985. such amount is designated by the Congress as Fund)’’ in Public Law 116–94 for fiscal year 2020
GOVERNMENT ACCOUNTABILITY OFFICE being for an emergency requirement pursuant to that are obligated after the date of enactment of
SALARIES AND EXPENSES section 251(b)(2)(A)(i) of the Balanced Budget this Act, and for any amounts made available
and Emergency Deficit Control Act of 1985. under this heading in this Act, the Federal
For an additional amount for ‘‘Salaries and
FEDERAL HIGHWAY ADMINISTRATION share of the costs shall be, at the option of the
Expenses’’, $30,000,000, to remain available until
State, District of Columbia, territory, Puerto
expended, for audits and investigations relating HIGHWAY INFRASTRUCTURE PROGRAMS
Rico, or Indian Tribe, up to 100 percent, and
to COVID–19 or similar pandemics, as well as For an additional amount for ‘‘Highway In- may be available for administrative and oper-
any related stimulus funding to assist the frastructure Programs’’, $15,000,000,000, to re- ations expenses, including salaries of employees
United States response to health and economic main available until expended: Provided, That (including those employees who have been
vulnerabilities to pandemics: Provided, That, the funds made available under this heading placed on administrative leave) or contractors,
not later than 90 days after the date of enact- shall be derived from the general fund, shall be information technology needs, and availability
ment of this Act, the Government Accountability in addition to any funds provided for fiscal year payments: Provided further, That section 120(c)
Office shall submit to the Committees on Appro- 2020 in this or any other Act for ‘‘Federal-aid of Public Law 116–94 shall not apply for fiscal
priations of the House of Representatives and Highways’’ under chapters 1 or 2 of title 23, year 2020, and that amounts that would other-
the Senate a spend plan specifying funding esti- United States Code, and shall not affect the dis- wise have been redistributed by section 120(c)
mates and a timeline for such audits and inves- tribution or amount of funds provided in any shall be retained by States and shall be avail-
tigations: Provided further, That such amount other Act: Provided further, That notwith- able for their original purpose until September
is designated by the Congress as being for an standing chapter 1 of title 23, United States 30, 2021, except that such amounts shall be sub-
emergency requirement pursuant to section Code, or any other provision of law, a State, ter- ject to such redistribution in fiscal year 2021:
251(b)(2)(A)(i) of the Balanced Budget and ritory, Puerto Rico, or Indian Tribe may use Provided further, That amounts made available
Emergency Deficit Control Act of 1985. funds made available under this heading in this under section 147 of title 23, United States Code,
TITLE VIII—DEPARTMENT OF STATE, FOR- Act for activities eligible under section 133(b) of for fiscal years 2019 and 2020 are available for
EIGN OPERATIONS, AND RELATED PRO- title 23, United States Code, for administrative the administrative and operating expenses of eli-
GRAMS and operations expenses, including salaries of gible entities related to the response to a
DEPARTMENT OF STATE employees (including those employees who have coronavirus public health emergency beginning
ADMINISTRATION OF FOREIGN AFFAIRS been placed on administrative leave) or contrac- on January 20, 2020, reimbursement for adminis-
OFFICE OF INSPECTOR GENERAL tors, information technology needs, and avail- trative and operating costs to maintain service
ability payments: Provided further, That of the including the purchase of personal protective
For an additional amount for ‘‘Office of In-
funds made available under this heading, equipment, and paying the administrative leave
spector General’’, $2,000,000, to remain available
$14,775,000,000 shall be available for States, of operations personnel due to reductions in
until September 30, 2022, for oversight of funds
$150,000,000 shall be available for the Tribal service: Provided further, That funds made
administered by the Department of State and
Transportation Program, as described in section available for administrative and operating ex-
made available to prevent, prepare for, and re-
202 of title 23, United States Code, $60,000,000 penses authorized for fiscal year 2020 in Public
spond to coronavirus by this title and by prior
shall be available for the Puerto Rico Highway Law 116–94 or in this Act under this heading are
acts: Provided, That such amount is designated
Program, as described in section 165(b)(2)(C)(iii) not required to be included in a transportation
by the Congress as being for an emergency re-
of such title; and $15,000,000 shall be available improvement program or a statewide transpor-
quirement pursuant to section 251(b)(2)(A)(i) of
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for under the Territorial Highway Program, as tation improvement program under sections 134
the Balanced Budget and Emergency Deficit
described in section 165(c)(6) of such title: Pro- or 135 of title 23, United States Code, or chapter
Control Act of 1985.
vided further, That for the purposes of funds 53 of title 49, United States Code, as applicable:
GENERAL PROVISIONS — THIS TITLE made available under this heading the term Provided further, That unless otherwise speci-
(INCLUDING TRANSFER OF FUNDS) ‘‘State’’ means any of the 50 States or the Dis- fied, applicable requirements under title 23,
SEC. 10801. Section 21005 of the Emergency Ap- trict of Columbia: Provided further, That the United States Code, shall apply to funds made
propriations for Coronavirus Health Response funds made available under this heading for available under this heading: Provided further,
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2057
That the Administrator of the Federal Highway rolling basis: Provided further, That if amounts Housing Assistance Payments under section 8(o)
Administration may retain up to one half of one made available under this heading in this Act of the United States Housing Act of 1937 (42
percent of the funds made available under this remain unobligated on December 31, 2021, such U.S.C. 1437f(o)): Provided, That amounts made
heading to fund the oversight by the Adminis- amounts shall be available for any purpose eli- available under this heading in this Act and
trator of activities carried out with funds made gible under section 5324 of title 49, United States under the same heading in title XII of division
available under this heading: Provided further, Code: B of the CARES Act may be used to cover or re-
That such amount is designated by the Congress Provided further, That the provision of funds imburse allowable costs incurred to prevent, pre-
as being for an emergency requirement pursuant under this section shall not affect the ability of pare for, and respond to coronavirus regardless
to section 251(b)(2)(A)(i) of the Balanced Budget any other agency of the Government, including of the date on which such costs were incurred:
and Emergency Deficit Control Act of 1985. the Federal Emergency Management Agency, or Provided further, That of the amounts made
FEDERAL TRANSIT ADMINISTRATION State agency, a local governmental entity, orga- available under this heading in this Act,
PUBLIC TRANSPORTATION EMERGENCY RELIEF nization, or person, to provide any other funds $500,000,000 shall be available for administrative
otherwise authorized by law: Provided further, expenses and other expenses of public housing
For an additional amount for ‘‘Public Trans-
That notwithstanding subsection (a)(1) or (b) of agencies for their section 8 programs, including
portation Emergency Relief’’, $15,750,000,000, to
section 5307 of title 49, United States Code, sub- Mainstream vouchers: Provided further, That of
remain available until expended, to prevent,
section (a)(1) of section 5324 of such title, or any the amounts made available under this heading
prepare for, and respond to coronavirus: Pro-
provision of chapter 53 of title 49, funds pro- in this Act, $2,500,000,000 shall be available for
vided, That of the amounts appropriated under
vided under this heading in this Act are avail- adjustments in the calendar year 2020 section 8
this heading in this Act—
(1) $11,750,000,000 shall be for grants to urban- able for the operating expenses of transit agen- renewal funding allocations, including Main-
ized areas with populations over 3,000,000 and cies related to the response to a coronavirus stream vouchers, for public housing agencies
shall be allocated in the same ratio as funds public health emergency, including, beginning that experience a significant increase in voucher
were provided in fiscal year 2020: Provided, on January 20, 2020, reimbursement for oper- per-unit costs due to extraordinary cir-
That 15 percent of the amounts provided in this ating costs to maintain service and lost revenue cumstances or that, despite taking reasonable
paragraph shall be allocated as if such funds due to the coronavirus public health emergency, cost savings measures, as determined by the Sec-
were provided under section 5307 of title 49, including the purchase of personal protective retary, would otherwise be required to terminate
United States Code and apportioned in accord- equipment, and paying the administrative leave rental assistance for families as a result of in-
ance with section 5336 of such title (other than of operations or contractor personnel due to re- sufficient funding: Provided further, That of the
subsection (b)(3) and (c)(1)(A)) and 85 percent of ductions in service: Provided further, That to amounts made available under this heading in
the amounts provided in this paragraph shall be the maximum extent possible, funds made avail- this Act, $1,000,000,000 shall be used for incre-
allocated under section 5337 of such title and able under this heading in this Act and in title mental rental voucher assistance under section
apportioned in accordance with such section: XII of division B of the CARES Act (Public Law 8(o) of the United States Housing Act of 1937 for
Provided further, That funds provided under 116–136) shall be directed to payroll and public use by individuals and families who are—home-
section 5337 shall be added to funds apportioned transit service, unless the recipient certifies to less, as defined under section 103(a) of the
under section 5307 for administration in accord- the Secretary they have not furloughed any em- McKinney-Vento Homeless Assistance Act (42
ance with provisions under section 5307: Pro- ployees: Provided further, That such operating U.S.C. 11302(a)); at risk of homelessness, as de-
vided further, That for urbanized areas with expenses are not required to be included in a fined under section 401(1) of the McKinney-
multiple subrecipients, funds provided under transportation improvement program, long- Vento Homeless Assistance Act (42 U.S.C.
section 5337 in this paragraph shall be distrib- range transportation plan, statewide transpor- 11360(1)); or fleeing, or attempting to flee, do-
uted among subrecipients using the same ratio tation plan, or a statewide transportation im- mestic violence, dating violence, sexual assault,
used to distribute funds made available for sec- provement program: Provided further, That the or stalking: Provided further, That the Sec-
tion 5337 in fiscal year 2020; and Secretary shall not waive the requirements of retary shall allocate amounts made available in
(2) $4,000,000,000 shall be for grants to transit section 5333 of title 49, United States Code, for the preceding proviso to public housing agencies
agencies that, as a result of coronavirus, require funds appropriated under this heading in this not later than 60 days after the date of enact-
significant additional assistance to maintain Act: Provided further, That unless otherwise ment of this Act, according to a formula that
basic transit services: Provided, That such funds specified, applicable requirements under chapter considers the ability of the public housing agen-
shall be administered as if they were provided 53 of title 49, United States Code, shall apply to cy to use vouchers promptly and the need of
under section 5324 of title 49, United States funding made available under this heading in geographical areas based on factors to be deter-
Code: Provided further, That any recipient or this Act, except that the Federal share of the mined by the Secretary, such as risk of trans-
subrecipient of funds under chapter 53 of title costs for which any grant is made under this mission of coronavirus, high numbers or rates of
49, United States Code, or an intercity bus serv- heading in this Act shall be, at the option of the sheltered and unsheltered homelessness, and
ice provider that has, since October 1, 2018, recipient, up to 100 percent: Provided further, economic and housing market conditions: Pro-
partnered with a recipient or subrecipient in That the amount made available under this vided further, That if a public housing author-
order to meet the requirements of section 5311(f) heading in this Act shall be derived from the ity elects not to administer or does not promptly
of such title shall be eligible to directly apply for general fund and shall not be subject to any issue all of its authorized vouchers within a rea-
funds under this paragraph: Provided further, limitation on obligations for transit programs set sonable period of time, the Secretary shall re-
That entities that are subrecipients of funds forth in any Act: Provided further, That not allocate any unissued vouchers and associated
under chapter 53 of title 49 and have partnered more than one-half of one percent of the funds funds to other public housing agencies accord-
with a recipient or subrecipient in order to meet for transit infrastructure grants provided under ing to the criteria in the preceding proviso: Pro-
the requirements of section 5311(f) of such title this heading in this Act shall be available for vided further, That a public housing agency
shall be eligible to receive not more than 18.75 administrative expenses and ongoing program shall not reissue any vouchers under this head-
percent of the total funds provided under this management oversight as authorized under sec- ing in this Act for incremental rental voucher
paragraph: Provided further, That such entities tions 5334 and 5338(f)(2) of title 49, United States assistance when assistance for the family ini-
shall use assistance provided under this heading Code, and shall be in addition to any other ap- tially assisted is terminated: Provided further,
only for workforce retention or, the recall or re- propriations for such purpose: Provided further, That upon termination of incremental rental
hire of any laid off, furloughed, or terminated That such amount is designated by the Congress voucher assistance under this heading in this
employee, associated with the provision of bus as being for an emergency requirement pursuant Act for one or more families assisted by a public
service: Provided further, That, the Secretary to section 251(b)(2)(A)(i) of the Balanced Budget housing agency, the Secretary shall reallocate
shall issue a Notice of Funding Opportunity not and Emergency Deficit Control Act of 1985. amounts that are no longer needed by such pub-
later than 30 days after the date of enactment of DEPARTMENT OF HOUSING AND URBAN lic housing agency for assistance under this
this Act and that such Notice of Funding Op- DEVELOPMENT heading in this Act to another public housing
portunity shall require application submissions PUBLIC AND INDIAN HOUSING agency for the renewal of vouchers previously
not later than 45 days after the enactment of authorized under this heading in this Act: Pro-
TENANT-BASED RENTAL ASSISTANCE
this Act: Provided further, That the Secretary vided further, That amounts made available in
shall make awards not later than 45 days after (INCLUDING TRANSFER OF FUNDS) this paragraph are in addition to any other
the application deadline: Provided further, That For an additional amount for ‘‘Tenant-Based amounts made available for such purposes: Pro-
the Secretary shall require grantees to provide Rental Assistance’’, $4,000,000,000, to remain vided further, That up to 0.5 percent of the
estimates of financial need, data on reduced rid- available until expended, and to be used under amounts made available under this heading in
ership, and a spending plan for funds: Provided the same authority and conditions as the addi- this Act may be transferred, in aggregate, to
further, That when evaluating applications for tional appropriations for fiscal year 2020 under ‘‘Department of Housing and Urban Develop-
assistance, the Secretary shall give priority to this heading in title XII of division B of the ment, Program Offices—Public and Indian
dlhill on DSK120RN23PROD with HOUSE
transit agencies with the largest revenue loss as CARES Act (Public Law 116–136), except that Housing’’ to supplement existing resources for
a percentage of their operating expenses: Pro- any amounts provided for administrative ex- the necessary costs of administering and over-
vided further, That if applications for assistance penses and other expenses of public housing seeing the obligation and expenditure of these
do not exceed available funds, the Secretary agencies for their section 8 programs, including amounts, to remain available until September
shall reserve the remaining amounts for grant- Mainstream vouchers, under this heading in the 30, 2024: Provided further, That such amount is
ees to prevent, prepare for, and respond to CARES Act (Public Law 116–136) and under this designated by the Congress as being for an
coronavirus and shall accept applications on a heading in this Act shall also be available for emergency requirement pursuant to section
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H2058 CONGRESSIONAL RECORD — HOUSE May 15, 2020
251(b)(2)(A)(i) of the Balanced Budget and this Act, up to $25,000,000 may be transferred to available until expended, and to be used under
Emergency Deficit Control Act of 1985. ‘‘Department of Housing and Urban Develop- the same authority and conditions as the addi-
PUBLIC HOUSING OPERATING FUND ment, Program Offices—Community Planning tional appropriations for fiscal year 2020 under
and Development’’ for necessary costs of admin- this heading in title XII of division B of the
(INCLUDING TRANSFER OF FUNDS)
istering and overseeing the obligation and ex- CARES Act (Public Law 116–136): Provided,
For an additional amount for ‘‘Public Hous- penditure of amounts under this heading in this That such amount is designated by the Congress
ing Operating Fund’’, as authorized by section Act, to remain available until September 30, as being for an emergency requirement pursuant
9(e) of the United States Housing Act of 1937 (42 2028: Provided further, That such amount is to section 251(b)(2)(A)(i) of the Balanced Budget
U.S.C. 1437g(e)), $2,000,000,000, to remain avail- designated by the Congress as being for an and Emergency Deficit Control Act of 1985.
able until September 30, 2021, and to be used emergency requirement pursuant to section HOUSING FOR THE ELDERLY
under the same authority and conditions as the 251(b)(2)(A)(i) of the Balanced Budget and
additional appropriations for fiscal year 2020 For an additional amount for ‘‘Housing for
Emergency Deficit Control Act of 1985.
under this heading in title XII of division B of the Elderly’’, $500,000,000, to remain available
HOMELESS ASSISTANCE GRANTS until September 30, 2023, and to be used under
the CARES Act (Public Law 116–136): Provided,
(INCLUDING TRANSFER OF FUNDS) the same authority and conditions as the addi-
That amounts made available under this head-
ing in this Act and under the same heading in For an additional amount for ‘‘Homeless As- tional appropriations for fiscal year 2020 under
title XII of division B of the CARES Act may be sistance Grants’’, $11,500,000,000, to remain this heading in title XII of division B of the
used to cover or reimburse allowable costs in- available until September 30, 2025, for the Emer- CARES Act (Public Law 116–136): Provided,
curred to prevent, prepare for, and respond to gency Solutions Grants program as authorized That notwithstanding the first proviso under
coronavirus regardless of the date on which under subtitle B of title IV of the McKinney- this heading in the CARES Act, $300,000,000 of
such costs were incurred: Provided further, Vento Homeless Assistance Act (42 U.S.C. 11371 the amount made available under this heading
That up to 0.5 percent of the amounts made et seq.), as amended, and to be used under the in this Act shall be for one-time grants for serv-
available under this heading in this Act may be same authority and conditions as the additional ice coordinators, as authorized under section 676
transferred, in aggregate, to ‘‘Department of appropriations for fiscal year 2020 under this of the Housing and Community Development
Housing and Urban Development, Program Of- heading in title XII of division B of the CARES Act of 1992 (42 U.S.C. 13632), and the continu-
fices—Public and Indian Housing’’ to supple- Act (Public Law 116–136): Provided, That ation of existing congregate service grants for
ment existing resources for the necessary costs $4,000,000,000 of the amount made available residents of assisted housing projects: Provided
of administering and overseeing the obligation under this heading in this Act shall be distrib- further, That such amount is designated by the
and expenditure of these amounts, to remain uted pursuant to 24 CFR 576.3 to grantees that Congress as being for an emergency requirement
available until September 30, 2024: Provided fur- received allocations pursuant to that same for- pursuant to section 251(b)(2)(A)(i) of the Bal-
ther, That such amount is designated by the mula in fiscal year 2020, and that such alloca- anced Budget and Emergency Deficit Control
Congress as being for an emergency requirement tions shall be made within 30 days of enactment Act of 1985.
pursuant to section 251(b)(2)(A)(i) of the Bal- of this Act: Provided further, That, in addition HOUSING FOR PERSONS WITH DISABILITIES
anced Budget and Emergency Deficit Control to amounts allocated in the preceding proviso,
For an additional amount for ‘‘Housing for
Act of 1985. remaining amounts shall be allocated directly to
Persons with Disabilities’’, $200,000,000, to re-
a State or unit of general local government by
COMMUNITY PLANNING AND DEVELOPMENT main available until September 30, 2023, and to
the formula specified in the third proviso under
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS be used under the same authority and condi-
this heading in title XII of division B of the
tions as the additional appropriations for fiscal
For an additional amount for ‘‘Housing Op- CARES Act (Public Law 116–136): Provided fur-
year 2020 under this heading in title XII of divi-
portunities for Persons with AIDS’’, $15,000,000, ther, That not later than 90 days after the date
sion B of the CARES Act (Public Law 116–136):
to remain available until September 30, 2021, of enactment of this Act and every 60 days
Provided, That such amount is designated by
and to be used under the same authority and thereafter, the Secretary shall allocate a min-
the Congress as being for an emergency require-
conditions as the additional appropriations for imum of an additional $500,000,000, pursuant to
ment pursuant to section 251(b)(2)(A)(i) of the
fiscal year 2020 under this heading in title XII the formula referred to in the preceding proviso,
Balanced Budget and Emergency Deficit Con-
of division B of the CARES Act (Public Law based on the best available data: Provided fur-
trol Act of 1985.
116–136): Provided, That amounts provided ther, That up to 0.5 percent of the amounts
under this heading in this Act that are allocated made available under this heading in this Act HOUSING COUNSELING ASSISTANCE
pursuant to section 854(c)(5) of the AIDS Hous- may be transferred to ‘‘Department of Housing For an additional amount for ‘‘Housing Coun-
ing Opportunity Act (42 U.S.C. 12901 et seq.) and Urban Development—Program Offices— seling Assistance’’, for contracts, grants, and
shall remain available until September 30, 2022: Community Planning and Development’’ for other assistance excluding loans, as authorized
Provided further, That not less than $15,000,000 necessary costs of administering and overseeing under section 106 of the Housing and Urban De-
of the amount provided under this heading in the obligation and expenditure of amounts velopment Act of 1968, $100,000,000, to remain
this Act shall be allocated pursuant to the for- under this heading in this Act, to remain avail- available until September 30, 2022, including up
mula in section 854 of such Act using the same able until September 30, 2030: Provided further, to $8,000,000 for administrative contract services:
data elements as utilized pursuant to that same That funds made available under this heading Provided, That funds made available under this
formula in fiscal year 2020: Provided further, in this Act and under this heading in title XII heading in this Act shall be used for providing
That such amount is designated by the Congress of division B of the CARES Act (Public Law counseling and advice to tenants and home-
as being for an emergency requirement pursuant 116–136) may be used for eligible activities the owners, both current and prospective, with re-
to section 251(b)(2)(A)(i) of the Balanced Budget Secretary determines to be critical in order to as- spect to property maintenance, financial man-
and Emergency Deficit Control Act of 1985. sist survivors of domestic violence, sexual as- agement or literacy, foreclosure and eviction
COMMUNITY DEVELOPMENT FUND sault, dating violence, and stalking or to assist mitigation, and such other matters as may be
homeless youth, age 24 and under: Provided fur- appropriate to assist them in improving their
(INCLUDING TRANSFER OF FUNDS)
ther, That amounts repurposed by this para- housing conditions, meeting their financial
For an additional amount for ‘‘Community graph that were previously designated by the needs, and fulfilling the responsibilities of ten-
Development Fund’’, $5,000,000,000, to remain Congress as an emergency requirement pursuant ancy or homeownership; for program adminis-
available until September 30, 2023, and to be to the Balanced Budget and Emergency Deficit tration; and for housing counselor training:
used under the same authority and conditions Control Act of 1985 are designated by the Con- Provided further, That amounts made available
as the additional appropriations for fiscal year gress as an emergency requirement pursuant to under this heading in this Act may be used to
2020 under this heading in title XII of division section 251(b)(2)(A)(i) of the Balanced Budget purchase equipment and technology to deliver
B of the CARES Act (Public Law 116–136): Pro- and Emergency Deficit Control Act of 1985: Pro- services through use of the Internet or other
vided, That such amount made available under vided further, That such amount is designated electronic or virtual means in response to the
this heading in this Act shall be distributed pur- by the Congress as being for an emergency re- public health emergency related to the
suant to section 106 of the Housing and Commu- quirement pursuant to section 251(b)(2)(A)(i) of Coronavirus Disease 2019 (COVID–19) pandemic:
nity Development Act of 1974 (42 U.S.C. 5306) to the Balanced Budget and Emergency Deficit Provided further, That for purposes of providing
grantees that received allocations pursuant to Control Act of 1985. such grants from amounts provided under this
such formula in fiscal year 2020, and that such EMERGENCY RENTAL ASSISTANCE heading, the Secretary may enter into multiyear
allocations shall be made within 30 days of en- agreements, as appropriate, subject to the avail-
For activities and assistance authorized in
actment of this Act: Provided further, That in ability of annual appropriations: Provided fur-
section 110201, $100,000,000,000, to remain avail-
administering funds under this heading, an ther, That such amount is designated by the
able until expended: Provided, That such
urban county shall consider needs throughout Congress as being for an emergency requirement
amount is designated by the Congress as being
the entire urban county configuration to pre- pursuant to section 251(b)(2)(A)(i) of the Bal-
for an emergency requirement pursuant to sec-
dlhill on DSK120RN23PROD with HOUSE
vent, prepare for, and respond to coronavirus: anced Budget and Emergency Deficit Control
tion 251(b)(2)(A)(i) of the Balanced Budget and
Provided further, That up to $100,000,000 of Act of 1985.
Emergency Deficit Control Act of 1985.
amounts made available under this heading in
HOUSING PROGRAMS FAIR HOUSING AND EQUAL OPPORTUNITY
this Act may be used to make new awards or in-
crease prior awards to existing technical assist- PROJECT-BASED RENTAL ASSISTANCE FAIR HOUSING ACTIVITIES
ance providers: Provided further, That of the For an additional amount for ‘‘Project-Based For an additional amount for ‘‘Fair Housing
amounts made available under this heading in Rental Assistance’’, $750,000,000, to remain Activities’’, $14,000,000, to remain available until
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2059
September 30, 2022, and to be used under the States Code, due to intervening efforts to pre- SEC. 11006. Any amount appropriated by this
same authority and conditions as the additional vent, prepare for, and respond to coronavirus. Act, designated by the Congress as an emer-
appropriations for fiscal year 2020 under this (b) The Secretary of Transportation may pro- gency requirement pursuant to section
heading in title XII of division B of the CARES vide such individual up to 1 year after gradua- 251(b)(2)(A)(i) of the Balanced Budget and
Act (Public Law 116–136): Provided, That of the tion to pass such examination. Emergency Deficit Control Act of 1985 and sub-
funds made available under this heading in this (c) Nothing in this section shall be construed sequently so designated by the President, and
Act, $4,000,000 shall be for Fair Housing Organi- to allow the provision of a license under section transferred pursuant to transfer authorities pro-
zation Initiative grants through the Fair Hous- 7101 of title 46, United States Code, to an indi- vided by this Act shall retain such designation.
ing Initiatives Program (FHIP), made available vidual who has not passed the required exam- SEC. 11007. (a) Any contract or agreement en-
to existing grantees, which may be used for fair ination. tered into by an agency with a State or local
housing activities and for technology and equip- SEC. 10906. government or any other non-Federal entity for
Amounts made available under the headings
ment needs to deliver services through use of the the purposes of providing covered assistance, in-
‘‘Project-Based Rental Assistance,’’ ‘‘Housing
Internet or other electronic or virtual means in cluding any information and documents related
for the Elderly’’ and ‘‘Housing for Persons With
response to the public health emergency related to the performance of and compliance with such
Disabilities’’ in title XII of division B of the
to the Coronavirus Disease 2019 (COVID–19) contract or agreement, shall be—
CARES Act (Public Law 116–136) and under
pandemic: Provided further, That of the funds (1) deemed an agency record for purposes of
such headings in this title of this Act may be
made available under this heading in this Act, used, notwithstanding any other provision of section 552(f)(2) of title 5, United States Code;
$10,000,000 shall be for FHIP Education and law, to provide additional funds to maintain op- and
Outreach grants made available to previously- erations for such housing, for providing sup- (2) subject to section 552 of title 5, United
funded national media grantees and State and portive services, and for taking other necessary States Code (commonly known as the ‘‘Freedom
local education and outreach grantees, to edu- actions to prevent, prepare for, and respond to of Information Act’’).
cate the public and the housing industry about coronavirus, including to actions to self-isolate, (b) In this section—
fair housing rights and responsibilities during quarantine, or to provide other coronavirus in- (1) the term ‘‘agency’’ has the meaning given
the COVID–19 pandemic: Provided further, That fection control services as recommended by the the term in section 551 of title 5, United States
such grants in the preceding proviso shall be di- Centers for Disease Control and Prevention, in- Code; and
vided evenly between the national media cam- cluding providing relocation services for resi- (2) the term ‘‘covered assistance’’—
paign and education and outreach activities: dents of such housing to provide lodging at ho- (A) means any assistance provided by an
Provided further, That such amount is des- tels, motels, or other locations: Provided, That agency in accordance with an Act or amend-
ignated by the Congress as being for an emer- the amounts repurposed pursuant to this section ments made by an Act to provide aid, assistance,
gency requirement pursuant to section that were previously designated by the Congress or funding related to the outbreak of COVID–19
251(b)(2)(A)(i) of the Balanced Budget and as an emergency requirement pursuant to the that is enacted before, on, or after the date of
Emergency Deficit Control Act of 1985. Balanced Budget and Emergency Deficit Con- enactment of this Act; and
GENERAL PROVISIONS—THIS TITLE trol Act of 1985 are designated by the Congress (B) includes any such assistance made avail-
(INCLUDING RESCISSIONS) as an emergency requirement pursuant to sec- able by an agency under—
tion 251(b)(2)(A)(i) of the Balanced Budget and (i) this Act;
SEC. 10901. There is hereby appropriated from
Emergency Deficit Control Act of 1985. (ii) the Paycheck Protection Program and
the General Fund of the Treasury, for payment
TITLE X Health Care Enhancement Act (Public Law 116–
to the Airport and Airway Trust Fund, an
139), or an amendment made by that Act;
amount equal to the amount authorized by sec- GENERAL PROVISIONS—THIS DIVISION
(iii) the CARES Act (Public Law 116–136), or
tion 9502(c) of title 26, United States Code. SEC. 11001. Not later than 30 days after the an amendment made by that Act;
SEC. 10902. Amounts previously made avail- date of enactment of this Act, the head of each (iv) the Families First Coronavirus Response
able in the Further Continuing Appropriations executive agency that receives funding in any Act (Public Law 116–127), or an amendment
Act, 2013 (Public Law 113–6) for the heading division of this Act, or that received funding in made by that Act; or
‘‘Department of Housing and Urban Develop- the Coronavirus Preparedness and Response (v) the Coronavirus Preparedness and Re-
ment—Public and Indian Housing—Choice Supplemental Appropriations Act, 2020 (division sponse Supplemental Appropriations Act, 2020
Neighborhoods Initiative’’ shall remain avail- A of Public Law 116–123), the Second (Public Law 116–123), or an amendment made by
able for expenditure for the purpose of paying Coronavirus Preparedness and Response Sup- that Act.
valid obligations incurred prior to the expiration plemental Appropriations Act, 2020 (division A SEC. 11008. (a) Notwithstanding any other
of such amounts through September 30, 2021. of Public Law 116–127), the CARES Act (Public provision of law and in a manner consistent
SEC. 10903. The provision under the heading Law 116–136), or the Paycheck Protection Pro- with other provisions in any division of this Act,
‘‘Office of the Inspector General—Salaries and gram and Health Care Enhancement Act (Public all laborers and mechanics employed by contrac-
Expenses’’ in title XII of division B of the Law 116–139) shall provide a report detailing the tors and subcontractors on projects funded di-
Coronavirus Aid, Relief, and Economic Security anticipated uses of all such funding to the Com- rectly by or assisted in whole or in part by and
Act (Public Law 116–136) is amended by striking mittees on Appropriations of the House of Rep- through the Federal Government pursuant to
‘‘with funds made available in this Act to’’ and resentatives and the Senate: Provided, That any division of this Act shall be paid wages at
inserting ‘‘by’’: Provided, That the amounts each report shall include estimated personnel rates not less than those prevailing on projects
repurposed in this section that were previously and administrative costs, as well as the total of a character similar in the locality as deter-
designated by the Congress as an emergency re- amount of funding apportioned, allotted, obli- mined by the Secretary of Labor in accordance
quirement pursuant to the Balanced Budget and gated, and expended, to date: Provided further, with subchapter IV of chapter 31 of title 40,
Emergency Deficit Control Act of 1985 are des- That each such report shall be updated and United States Code. With respect to the labor
ignated by the Congress as an emergency re- submitted to such Committees every 60 days standards specified in this section, the Secretary
quirement pursuant to section 251(b)(2)(A)(i) of until all funds are expended or expire: Provided of Labor shall have the authority and functions
the Balanced Budget and Emergency Deficit further, That reports submitted pursuant to this set forth in Reorganization Plan Numbered 14 of
Control Act of 1985. section shall satisfy the requirements of section
SEC. 10904. (a) Notwithstanding section 1950 (64 Stat. 1267; 5 U.S.C. App.) and section
1701 of division A of Public Law 116–127. 3145 of title 40, United States Code.
51309(a)(1)(B) of title 46, United States Code, for SEC. 11002. Each amount appropriated or
fiscal year 2020, the Secretary of Transportation (b) The amounts provided by this section are
made available by this Act is in addition to
may confer the degree of bachelor of science on designated by the Congress as being for an
amounts otherwise appropriated for the fiscal
an individual who has not passed the examina- emergency requirement pursuant to section
year involved.
tion for a merchant marine officer’s license due 251(b)(2)(A)(i) of the Balanced Budget and
SEC. 11003. No part of any appropriation con-
to intervening efforts to prevent, prepare for, Emergency Deficit Control Act of 1985.
tained in this Act shall remain available for ob-
and respond to coronavirus. ligation beyond the current fiscal year unless BUDGETARY EFFECTS
(b) The Secretary of Transportation may pro- expressly so provided herein. SEC. 11009. (a) STATUTORY PAYGO EMER-
vide such individual up to 1 year after receipt of SEC. 11004. Unless otherwise provided for by GENCY DESIGNATION.—The amounts provided
such degree to pass the examination for a mer- this Act, the additional amounts appropriated under division B and each succeeding division
chant marine officer’s license. by this Act to appropriations accounts shall be are designated as an emergency requirement
(c) Nothing in this section shall be construed available under the authorities and conditions pursuant to section 4(g) of the Statutory Pay-
to allow the provision of a license under section applicable to such appropriations accounts for As-You-Go Act of 2010 (2 U.S.C. 933(g)), and the
7101 of title 46, United States Code, to an indi- fiscal year 2020. budgetary effects shall not be entered on either
vidual who has not passed the required exam- SEC. 11005. Each amount designated in this PAYGO scorecard maintained pursuant to sec-
ination. Act by the Congress as being for an emergency tion 4(d) of such Act.
dlhill on DSK120RN23PROD with HOUSE
SEC. 10905. (a) Notwithstanding section requirement pursuant to section 251(b)(2)(A)(i) (b) SENATE PAYGO EMERGENCY DESIGNA-
51506(a)(3) of title 46, United States Code, for of the Balanced Budget and Emergency Deficit TION.—In the Senate, division B and each suc-
fiscal year 2020, the Secretary of Transportation Control Act of 1985 shall be available (or re- ceeding division are designated as an emergency
may allow a State maritime academy to waive a scinded or transferred, if applicable) only if the requirement pursuant to section 4112(a) of H.
condition for graduation for an individual to President subsequently so designates all such Con. Res. 71 (115th Congress), the concurrent
pass the examination required for the issuance amounts and transmits such designations to the resolution on the budget for fiscal year 2018,
of a license under section 7101 of title 46, United Congress. and the budgetary effects shall not be entered
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H2060 CONGRESSIONAL RECORD — HOUSE May 15, 2020
on any PAYGO scorecard maintained for pur- ‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU- acts in good faith in reliance on clause (ii) shall
poses of section 4106 of such concurrent resolu- THORITY.—Any omission of a correct TIN re- not be liable under any Federal or State law,
tion. quired under this subsection shall be treated as regulation, or court or other order to a creditor
(c) CLASSIFICATION OF BUDGETARY EFFECTS.— a mathematical or clerical error for purposes of that initiates an order for any protected
Notwithstanding Rule 3 of the Budget applying section 6213(g)(2) to such omission.’’. amounts, to an account holder for any frozen
Scorekeeping Guidelines set forth in the joint (b) EFFECTIVE DATE.—The amendment made amounts or garnishment order applied.
explanatory statement of the committee of con- by this section shall take effect as if included in ‘‘(D) DEFINITIONS.—For purposes of this para-
ference accompanying Conference Report 105– section 2201 of the CARES Act. graph—
217 and section 250(c)(8) of the Balanced Budget SEC. 20103. 2020 RECOVERY REBATES NOT SUB- ‘‘(i) ACCOUNT HOLDER.—The term ‘account
and Emergency Deficit Control Act of 1985, the JECT TO REDUCTION OR OFFSET holder’ means a natural person against whom a
budgetary effects of division B and each suc- WITH RESPECT TO PAST-DUE SUP- garnishment order is issued and whose name ap-
PORT. pears in a financial institution’s records.
ceeding division shall not be estimated—
(1) shall not be estimated for purposes of sec- (a) IN GENERAL.—Section 2201(d)(2) of the ‘‘(ii) APPLICABLE PAYMENT.—The term ‘appli-
tion 251 of such Act; and CARES Act is amended by inserting ‘‘(c),’’ be- cable payment’ means any payment of credit or
(2) for purposes of paragraph (4)(C) of section fore ‘‘(d)’’. refund by reason of section 6428 of such Code
3 of the Statutory Pay As-You-Go Act of 2010 as (b) EFFECTIVE DATE.—The amendment made (as so added) or by reason of subsection (c) of
being included in an appropriation Act. by this section shall apply to credits and re- this section.
(d) ENSURING NO WITHIN-SESSION SEQUESTRA- funds allowed or made after the date of the en- ‘‘(iii) GARNISHMENT.—The term ‘garnishment’
TION.—Solely for the purpose of calculating a actment of this Act. means execution, levy, attachment, garnish-
breach within a category for fiscal year 2020 SEC. 20104. PROTECTION OF 2020 RECOVERY RE- ment, or other legal process.
pursuant to section 251(a)(6) or section 254(g) of BATES.
‘‘(iv) GARNISHMENT ORDER.—The term ‘gar-
the Balanced Budget and Emergency Deficit (a) IN GENERAL.—Subsection (d) of section nishment order’ means a writ, order, notice,
Control Act of 1985, and notwithstanding any 2201 of the CARES Act, as amended by the pre- summons, judgment, levy, or similar written in-
other provision of this division, the budgetary ceding provisions of this Act, is amended— struction issued by a court, a State or State
effects from this division shall be counted as (1) by redesignating paragraphs (1), (2), and
agency, a municipality or municipal corpora-
amounts designated as being for an emergency (3) as subparagraphs (A), (B), and (C), and by
tion, or a State child support enforcement agen-
requirement pursuant to section 251(b)(2)(A) of moving such subparagraphs 2 ems to the right,
cy, including a lien arising by operation of law
(2) by striking ‘‘REDUCTION OR OFFSET.—Any
such Act. for overdue child support or an order to freeze
credit’’ and inserting ‘‘REDUCTION, OFFSET,
the assets in an account, to effect a garnishment
This division may be cited as the GARNISHMENT, ETC.—
‘‘(1) IN GENERAL.—Any credit’’, and against a debtor.’’.
‘‘Coronavirus Recovery Supplemental Appro- (b) EFFECTIVE DATE.—The amendments made
(3) by adding at the end the following new
priations Act, 2020’’. by this section shall take effect on the date of
paragraphs:
DIVISION B—REVENUE PROVISIONS ‘‘(2) ASSIGNMENT OF BENEFITS.— the enactment of this Act.
SEC. 20001. SHORT TITLE. ‘‘(A) IN GENERAL.—Any applicable payment SEC. 20105. PAYMENTS TO REPRESENTATIVE PAY-
This division may be cited as the ‘‘Worker shall not be subject to transfer, assignment, exe- EES AND FIDUCIARIES.
Health Coverage Protection Act’’. cution, levy, attachment, garnishment, or other (a) IN GENERAL.—Section 6428(f) of the Inter-
TITLE I—ECONOMIC STIMULUS legal process, or the operation of any bank- nal Revenue Code of 1986 is amended by redesig-
ruptcy or insolvency law, to the same extent as nating paragraph (6) as paragraph (7) and by
Subtitle A—2020 Recovery Rebate inserting after paragraph (5) the following new
Improvements payments described in section 207 of the Social
Security Act (42 U.S.C. 407) without regard to paragraph:
SEC. 20101. DEPENDENTS TAKEN INTO ACCOUNT ‘‘(6) PAYMENT TO REPRESENTATIVE PAYEES AND
subsection (b) thereof.
IN DETERMINING CREDIT AND RE- FIDUCIARIES.—
‘‘(B) ENCODING OF PAYMENTS.—As soon as
BATES.
practicable after the date of the enactment of ‘‘(A) IN GENERAL.—In the case of any indi-
(a) IN GENERAL.—Section 6428(a)(2) of the In- vidual for which payment information is pro-
this paragraph, the Secretary of the Treasury
ternal Revenue Code of 1986 is amended by vided to the Secretary by the Commissioner of
shall encode applicable payments that are paid
striking ‘‘qualifying children (within the mean- Social Security, the Railroad Retirement Board,
electronically to any account—
ing of section 24(c))’’ and inserting ‘‘dependents ‘‘(i) with a unique identifier that is reason- or the Secretary of Veterans Affairs, the pay-
(as defined in section 152)’’. ably sufficient to allow a financial institution to ment by the Secretary under paragraph (3) with
(b) CONFORMING AMENDMENTS.— respect to such individual may be made to such
(1) Section 6428(g) of such Code is amended by identify the payment as a payment protected
under subparagraph (A), and individual’s representative payee or fiduciary
striking ‘‘qualifying child’’ each place it ap-
‘‘(ii) pursuant to the same specifications as re- and the entire payment shall be—
pears and inserting ‘‘dependent’’.
quired for a benefit payment to which part 212 ‘‘(i) provided to the individual who is entitled
(2) Section 6428(g)(2)(B) of such Code is
of title 31, Code of Federal regulations applies. to the payment, or
amended by striking ‘‘such child’’ and inserting
‘‘(C) GARNISHMENT.— ‘‘(ii) used only for the benefit of the indi-
‘‘such dependent’’. ‘‘(i) ENCODED PAYMENTS.—Upon receipt of a vidual who is entitled to the payment.
(c) EFFECTIVE DATE.—The amendments made
garnishment order that applies to an account ‘‘(B) APPLICATION OF ENFORCEMENT PROVI-
by this section shall take effect as if included in
that has received an applicable payment that is SIONS.—
section 2201 of the CARES Act.
encoded as provided in subparagraph (B), a fi- ‘‘(i) In the case of a payment described in sub-
SEC. 20102. INDIVIDUALS PROVIDING TAXPAYER
nancial institution shall follow the requirements paragraph (A) which is made with respect to a
IDENTIFICATION NUMBERS TAKEN
INTO ACCOUNT IN DETERMINING and procedures set forth in part 212 of title 31, social security beneficiary or a supplemental se-
CREDIT AND REBATES. Code of Federal Regulations. This paragraph curity income recipient, section 1129(a)(3) of the
(a) IN GENERAL.—Section 6428(g) of the Inter- shall not alter the status of payments as tax re- Social Security Act (42 U.S.C. 1320a–8(a)(3))
nal Revenue Code of 1986, as amended by sec- funds or other nonbenefit payments for purpose shall apply to such payment in the same manner
tion 20101 of this Act, is amended to read as fol- of any reclamation rights of the Department of as such section applies to a payment under title
lows: Treasury or the Internal Revenue Service as per II or XVI of such Act.
‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.— part 210 of title 31 of the Code of Federal Regu- ‘‘(ii) In the case of a payment described in
‘‘(1) IN GENERAL.—The $1,200 amount in sub- lations. subparagraph (A) which is made with respect to
section (a)(1) shall be treated as being zero un- ‘‘(ii) OTHER PAYMENTS.—If a financial institu- a railroad retirement beneficiary, section 13 of
less the taxpayer includes the TIN of the tax- tion receives a garnishment order (other than an the Railroad Retirement Act (45 U.S.C. 231l)
payer on the return of tax for the taxable year. order that has been served by the United States) shall apply to such payment in the same manner
‘‘(2) JOINT RETURNS.—In the case of a joint re- that applies to an account into which an appli- as such section applies to a payment under such
turn, the $2,400 amount in subsection (a)(1) cable payment that has not been encoded as Act.
shall be treated as being— provided in subparagraph (B) has been depos- ‘‘(iii) In the case of a payment described in
‘‘(A) zero if the TIN of neither spouse is in- ited on any date in the prior 60 days (including subparagraph (A) which is made with respect to
cluded on the return of tax for the taxable year, any date before the date of the enactment of a veterans beneficiary, sections 5502, 6106, and
and this paragraph), the financial institution, upon 6108 of title 38, United States Code, shall apply
‘‘(B) $1,200 if the TIN of only one spouse is so the request of the account holder or for purposes to such payment in the same manner as such
included. of complying in good faith with a State order, sections apply to a payment under such title.’’.
‘‘(3) DEPENDENTS.—A dependent shall not be State law, court order, or interpretation by a (b) EFFECTIVE DATE.—The amendments made
taken into account under subsection (a)(2) un- State Attorney General relating to garnishment by this section shall take effect as if included in
less the TIN of such dependent is included on order, may, but is not required to, treat the section 2201 of the CARES Act.
dlhill on DSK120RN23PROD with HOUSE
the return of tax for the taxable year. amount of the payment as exempt under law SEC. 20106. APPLICATION TO TAXPAYERS WITH
‘‘(4) COORDINATION WITH CERTAIN ADVANCE from garnishment without requiring the account RESPECT TO WHOM ADVANCE PAY-
PAYMENTS.—In the case of any payment made holder to assert any right of garnishment ex- MENT HAS ALREADY BEEN MADE.
pursuant to subsection (f)(5)(B), a TIN shall be emption or requiring the consent of the judg- In the case of any taxpayer with respect to
treated for purposes of this subsection as in- ment creditor. whom refund or credit was made or allowed be-
cluded on the taxpayer’s return of tax if such ‘‘(iii) LIABILITY.—A financial institution that fore the date of the enactment of this Act under
TIN is provided pursuant to such subsection. complies in good faith with clause (i) or that subsection (f) of section 6428 of the Internal
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2061
Revenue Code of 1986 (as added by the CARES pursuant to subsection (g)(5)(A)(ii), a TIN shall income recipient, the Commissioner of Social Se-
Act), such subsection shall be applied separately be treated for purposes of this paragraph as in- curity,
with respect to the excess (if any) of— cluded on the taxpayer’s return of tax if such ‘‘(II) in the case of a specified railroad retire-
(1) the advance refund amount determined TIN is provided pursuant to such subsection. ment beneficiary, the Railroad Retirement
under section 6428(f)(2) of such Code after the ‘‘(f) COORDINATION WITH ADVANCE REFUNDS Board, and
application of the amendments made by this OF CREDIT.— ‘‘(III) in the case of a specified veterans bene-
subtitle, over ‘‘(1) REDUCTION OF REFUNDABLE CREDIT.—The ficiary, the Secretary of Veterans Affairs (in co-
(2) the amount of such refund or credit so amount of the credit which would (but for this ordination with, and with the assistance of, the
made or allowed. paragraph) be allowable under subsection (a) Commissioner of Social Security if appropriate).
shall be reduced (but not below zero) by the ag- ‘‘(B) SPECIFIED INDIVIDUAL.—For purposes of
Subtitle B—Additional Recovery Rebates to
gregate refunds and credits made or allowed to this paragraph, the term ‘specified individual’
Individuals
the taxpayer (or any dependent of the taxpayer) means any individual who is—
SEC. 20111. ADDITIONAL RECOVERY REBATES TO ‘‘(i) a specified social security beneficiary,
INDIVIDUALS. under subsection (g). Any failure to so reduce
‘‘(ii) a specified supplemental security income
(a) IN GENERAL.—Subchapter B of chapter 65 the credit shall be treated as arising out of a
recipient,
of the Internal Revenue Code of 1986 is amended mathematical or clerical error and assessed ac- ‘‘(iii) a specified railroad retirement bene-
by inserting after section 6428 the following new cording to section 6213(b)(1). ficiary, or
section: ‘‘(2) JOINT RETURNS.—In the case of a refund ‘‘(iv) a specified veterans beneficiary.
or credit made or allowed under subsection (g) ‘‘(C) SPECIFIED SOCIAL SECURITY BENE-
‘‘SEC. 6428A. ADDITIONAL RECOVERY REBATES TO
INDIVIDUALS. with respect to a joint return, half of such re- FICIARY.—For purposes of this paragraph—
‘‘(a) IN GENERAL.—In the case of an eligible fund or credit shall be treated as having been ‘‘(i) IN GENERAL.—The term ‘specified social
individual, there shall be allowed as a credit made or allowed to each individual filing such security beneficiary’ means any individual who,
against the tax imposed by subtitle A for the return. for the last month that ends prior to the date of
‘‘(g) ADVANCE REFUNDS AND CREDITS.— enactment of this section, is entitled to any
first taxable year beginning in 2020 an amount
‘‘(1) IN GENERAL.—Subject to paragraph (5), monthly insurance benefit payable under title II
equal to the additional rebate amount deter-
each individual who was an eligible individual of the Social Security Act (42 U.S.C. 401 et seq.),
mined for such taxable year.
for such individual’s first taxable year begin- including payments made pursuant to sections
‘‘(b) ADDITIONAL REBATE AMOUNT.—For pur-
ning in 2019 shall be treated as having made a 202(d), 223(g), and 223(i)(7) of such Act.
poses of this section, the term ‘additional rebate
payment against the tax imposed by chapter 1 ‘‘(ii) EXCEPTION.—Such term shall not include
amount’ means, with respect to any taxpayer
for such taxable year in an amount equal to the any individual if such benefit is not payable for
for any taxable year, the sum of—
‘‘(1) $1,200 ($2,400 in the case of a joint re- advance refund amount for such taxable year. such month by reason of section 202(x) of the
‘‘(2) ADVANCE REFUND AMOUNT.—For purposes Social Security Act (42 U.S.C. 402(x)) or section
turn), plus
‘‘(2) $1,200 multiplied by the number of de- of paragraph (1), the advance refund amount is 1129A of such Act (42 U.S.C. 1320a–8a).
the amount that would have been allowed as a ‘‘(D) SPECIFIED SUPPLEMENTAL SECURITY IN-
pendents of the taxpayer for such taxable year
credit under this section for such taxable year if COME RECIPIENT.—For purposes of this para-
(not in excess of 3 such dependents).
this section (other than subsection (f) and this graph—
‘‘(c) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(i) IN GENERAL.—The term ‘specified supple-
this section, the term ‘eligible individual’ means subsection) had applied to such taxable year.
‘‘(3) TIMING AND MANNER OF PAYMENTS.— mental security income recipient’ means any in-
any individual other than— dividual who, for the last month that ends prior
‘‘(1) any nonresident alien individual, ‘‘(A) TIMING.—The Secretary shall, subject to
the provisions of this title, refund or credit any to the date of enactment of this section, is eligi-
‘‘(2) any individual with respect to whom a
overpayment attributable to this section as rap- ble for a monthly benefit payable under title
deduction under section 151 is allowable to an-
idly as possible. No refund or credit shall be XVI of the Social Security Act (42 U.S.C. 1381 et
other taxpayer for a taxable year beginning in
made or allowed under this subsection after De- seq.) (other than a benefit to an individual de-
the calendar year in which the individual’s tax-
cember 31, 2020. scribed in section 1611(e)(1)(B) of such Act (42
able year begins, and U.S.C. 1382(e)(1)(B)), including—
‘‘(3) an estate or trust. ‘‘(B) DELIVERY OF PAYMENTS.—Notwith-
standing any other provision of law, the Sec- ‘‘(I) payments made pursuant to section
‘‘(d) LIMITATION BASED ON MODIFIED AD- 1614(a)(3)(C) of such Act (42 U.S.C.
JUSTED GROSS INCOME.—The amount of the retary may certify and disburse refunds payable
under this subsection electronically to any ac- 1382c(a)(3)(C)),
credit allowed by subsection (a) (determined ‘‘(II) payments made pursuant to section
without regard to this subsection and subsection count to which the payee authorized, on or
after January 1, 2018, the delivery of a refund of 1619(a) (42 U.S.C. 1382h) or subsections (a)(4),
(f)) shall be reduced (but not below zero) by 5 (a)(7), or (p)(7) of section 1631 (42 U.S.C. 1383)
percent of so much of the taxpayer’s modified taxes under this title or of a Federal payment
(as defined in section 3332 of title 31, United of such Act, and
adjusted gross income as exceeds— ‘‘(III) State supplementary payments of the
‘‘(1) $150,000 in the case of a joint return or a States Code).
type referred to in section 1616(a) of such Act
surviving spouse (as defined in section 2(a)), ‘‘(C) WAIVER OF CERTAIN RULES.—Notwith-
(42 U.S.C. 1382e(a)) (or payments of the type de-
‘‘(2) $112,500 in the case of a head of house- standing section 3325 of title 31, United States
scribed in section 212(a) of Public Law 93–66)
hold (as defined in section 2(b)), and Code, or any other provision of law, with re-
which are paid by the Commissioner under an
‘‘(3) $75,000 in any other case. spect to any payment of a refund under this
agreement referred to in such section 1616(a) (or
‘‘(e) DEFINITIONS AND SPECIAL RULES.— subsection, a disbursing official in the executive
section 212(a) of Public Law 93–66).
‘‘(1) MODIFIED ADJUSTED GROSS INCOME.—For branch of the United States Government may
‘‘(ii) EXCEPTION.—Such term shall not include
purposes of this subsection (other than this modify payment information received from an
any individual if such monthly benefit is not
paragraph), the term ‘modified adjusted gross officer or employee described in section
payable for such month by reason of subsection
income’ means adjusted gross income determined 3325(a)(1)(B) of such title for the purpose of fa-
(e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382)
without regard to sections 911, 931, and 933. cilitating the accurate and efficient delivery of
or section 1129A of such Act (42 U.S.C. 1320a–
‘‘(2) DEPENDENT DEFINED.—For purposes of such payment. Except in cases of fraud or reck-
8a).
this section, the term ‘dependent’ has the mean- less neglect, no liability under sections 3325, ‘‘(E) SPECIFIED RAILROAD RETIREMENT BENE-
ing given such term by section 152. 3527, 3528, or 3529 of title 31, United States Code, FICIARY.—For purposes of this paragraph, the
‘‘(3) CREDIT TREATED AS REFUNDABLE.—The shall be imposed with respect to payments made term ‘specified railroad retirement beneficiary’
credit allowed by subsection (a) shall be treated under this subparagraph. means any individual who, for the last month
as allowed by subpart C of part IV of sub- ‘‘(4) NO INTEREST.—No interest shall be al- that ends prior to the date of enactment of this
chapter A of chapter 1. lowed on any overpayment attributable to this section, is entitled to a monthly annuity or pen-
‘‘(4) IDENTIFICATION NUMBER REQUIREMENT.— section. sion payment payable (without regard to section
‘‘(A) IN GENERAL.—The $1,200 amount in sub- ‘‘(5) APPLICATION TO INDIVIDUALS WHO DO NOT
5(a)(ii) of the Railroad Retirement Act of 1974
section (b)(1) shall be treated as being zero un- FILE A RETURN OF TAX FOR 2019.—
(45 U.S.C. 231d(a)(ii))) under—
less the taxpayer includes the TIN of the tax- ‘‘(A) IN GENERAL.—In the case of an indi- ‘‘(i) section 2(a)(1) of such Act (45 U.S.C.
payer on the return of tax for the taxable year. vidual who, at the time of any determination 231a(a)(1)),
‘‘(B) JOINT RETURNS.—In the case of a joint made pursuant to paragraph (3), has not filed a ‘‘(ii) section 2(c) of such Act (45 U.S.C.
return, the $2,400 amount in subsection (b)(1) tax return for the year described in paragraph 231a(c)),
shall be treated as being— (1), the Secretary shall— ‘‘(iii) section 2(d)(1) of such Act (45 U.S.C.
‘‘(i) zero if the TIN of neither spouse is in- ‘‘(i) apply paragraph (1) by substituting ‘2018’ 231a(d)(1)), or
cluded on the return of tax for the taxable year, for ‘2019’, and ‘‘(iv) section 7(b)(2) of such Act (45 U.S.C.
and ‘‘(ii) in the case of a specified individual who 231f(b)(2)) with respect to any of the benefit
‘‘(ii) $1,200 if the TIN of only one spouse is so has not filed a tax return for such individual’s payments described in subparagraph (C)(i).
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included. first taxable year beginning in 2018, determine ‘‘(F) SPECIFIED VETERANS BENEFICIARY.—For
‘‘(C) DEPENDENTS.—A dependent shall not be the advance refund amount with respect to such purposes of this paragraph—
taken into account under subsection (b)(2) un- individual without regard to subsections (d) and ‘‘(i) IN GENERAL.—The term ‘specified veterans
less the TIN of such dependent is included on on the basis of information with respect to such beneficiary’ means any individual who, for the
the return of tax for the taxable year. individual which is provided by— last month that ends prior to the date of enact-
‘‘(D) COORDINATION WITH CERTAIN ADVANCE ‘‘(I) in the case of a specified social security ment of this section, is entitled to a compensa-
PAYMENTS.—In the case of any payment made beneficiary or a specified supplemental security tion or pension payment payable under—
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H2062 CONGRESSIONAL RECORD — HOUSE May 15, 2020
‘‘(I) section 1110, 1117, 1121, 1131, 1141, or 1151 ‘‘(2) regulations or other guidance providing tion) or by reason of subsection (b) of this sec-
of title 38, United States Code, for the proper treatment of joint returns and tion shall not be—
‘‘(II) section 1310, 1312, 1313, 1315, 1316, or taxpayers with dependents to ensure that an in- (A) subject to reduction or offset pursuant to
1318 of title 38, United States Code, dividual is not taken into account more than section 3716 or 3720A of title 31, United States
‘‘(III) section 1513, 1521, 1533, 1536, 1537, 1541, once in determining the amount of any credit Code,
1542, or 1562 of title 38, United States Code, or under subsection (a) and any credit or refund (B) subject to reduction or offset pursuant to
‘‘(IV) section 1805, 1815, or 1821 of title 38, under subsection (g). subsection (c), (d), (e), or (f) of section 6402 of
United States Code, ‘‘(i) OUTREACH.—The Secretary shall carry the Internal Revenue Code of 1986, or
to a veteran, surviving spouse, child, or parent out a robust and comprehensive outreach pro- (C) reduced or offset by other assessed Federal
as described in paragraph (2), (3), (4)(A)(ii), or gram to ensure that all taxpayers described in taxes that would otherwise be subject to levy or
(5) of section 101, title 38, United States Code. subsection (h)(1) learn of their eligibility for the collection.
‘‘(ii) EXCEPTION.—Such term shall not include advance refunds and credits under subsection (4) ASSIGNMENT OF BENEFITS.—
any individual if such compensation or pension (A) IN GENERAL.—Any applicable payment
(g); are advised of the opportunity to receive
payment is not payable, or was reduced, for shall not be subject to transfer, assignment, exe-
such advance refunds and credits as provided
such month by reason of section 1505, 5313, or cution, levy, attachment, garnishment, or other
under subsection (h)(1); and are provided assist-
5313B of title 38, United States Code. legal process, or the operation of any bank-
ance in applying for such advance refunds and
‘‘(G) SUBSEQUENT DETERMINATIONS AND REDE- ruptcy or insolvency law, to the same extent as
credits. In conducting such outreach program,
TERMINATIONS NOT TAKEN INTO ACCOUNT.—For payments described in section 207 of the Social
the Secretary shall coordinate with other gov-
purposes of this section, any individual’s status Security Act (42 U.S.C. 407) without regard to
ernment, State, and local agencies; federal part-
as a specified social security beneficiary, a spec- subsection (b) thereof.
ners; and community-based nonprofit organiza- (B) ENCODING OF PAYMENTS.—As soon as
ified supplemental security income recipient, a tions that regularly interface with such tax-
specified railroad retirement beneficiary, or a practicable after the date of the enactment of
payers.’’. the paragraph, the Secretary of the Treasury
specified veterans beneficiary shall be unaf- (b) TREATMENT OF CERTAIN POSSESSIONS.—
fected by any determination or redetermination shall encode applicable payments that are paid
(1) PAYMENTS TO POSSESSIONS WITH MIRROR
of any entitlement to, or eligibility for, any ben- electronically to any account—
CODE TAX SYSTEMS.—The Secretary of the Treas-
(i) with a unique identifier that is reasonably
efit, payment, or compensation, if such deter- ury shall pay to each possession of the United
sufficient to allow a financial institution to
mination or redetermination occurs after the States which has a mirror code tax system
identify the payment as a payment protected
last month that ends prior to the date of enact- amounts equal to the loss (if any) to that posses-
under subparagraph (A), and
ment of this section. sion by reason of the amendments made by this (ii) pursuant to the same specifications as re-
‘‘(H) PAYMENT TO REPRESENTATIVE PAYEES section. Such amounts shall be determined by quired for a benefit payment to which part 212
AND FIDUCIARIES.— the Secretary of the Treasury based on informa- of title 31, Code of Federal regulations applies.
‘‘(i) IN GENERAL.—If the benefit, payment, or tion provided by the government of the respec- (C) GARNISHMENT.—
compensation referred to in subparagraph tive possession. (i) ENCODED PAYMENTS.—Upon receipt of a
(C)(i), (D)(i), (E), or (F)(i) with respect to any (2) PAYMENTS TO OTHER POSSESSIONS.—The garnishment order that applies to an account
specified individual is paid to a representative Secretary of the Treasury shall pay to each pos- that has received an applicable payment that is
payee or fiduciary, payment by the Secretary session of the United States which does not have encoded as provided in subparagraph (B), a fi-
under paragraph (3) with respect to such speci- a mirror code tax system amounts estimated by nancial institution shall follow the requirements
fied individual shall be made to such individ- the Secretary of the Treasury as being equal to and procedures set forth in part 212 of title 31,
ual’s representative payee or fiduciary and the the aggregate benefits (if any) that would have Code of Federal Regulations. This paragraph
entire payment shall be used only for the benefit been provided to residents of such possession by shall not alter the status of payments as tax re-
of the individual who is entitled to the payment. reason of the amendments made by this section funds or other nonbenefit payments for purpose
‘‘(ii) APPLICATION OF ENFORCEMENT PROVI- if a mirror code tax system had been in effect in of any reclamation rights of the Department of
SIONS.— such possession. The preceding sentence shall Treasury or the Internal Revenue Serves as per
‘‘(I) In the case of a payment described in not apply unless the respective possession has a part 210 of title 31 of the Code of Federal Regu-
clause (i) which is made with respect to a speci- plan, which has been approved by the Secretary lations.
fied social security beneficiary or a specified of the Treasury, under which such possession (ii) OTHER PAYMENTS.—If a financial institu-
supplemental security income recipient, section will promptly distribute such payments to its tion receives a garnishment order (other than an
1129(a)(3) of the Social Security Act (42 U.S.C. residents. order that has been served by the United States)
1320a–8(a)(3)) shall apply to such payment in (3) COORDINATION WITH CREDIT ALLOWED that applies to an account into which an appli-
the same manner as such section applies to a AGAINST UNITED STATES INCOME TAXES.—No cable payment that has not been encoded as
payment under title II or XVI of such Act. credit shall be allowed against United States in- provided in subparagraph (B) has been depos-
‘‘(II) In the case of a payment described in come taxes under section 6428A of the Internal ited on any date in the prior 60 days (including
clause (i) which is made with respect to a speci- Revenue Code of 1986 (as added by this section), any date before the date of the enactment of
fied railroad retirement beneficiary, section 13 of nor shall any credit or refund be made or al- this paragraph), the financial institution, upon
the Railroad Retirement Act (45 U.S.C. 231l) lowed under subsection (g) of such section, to the request of the account holder or for purposes
shall apply to such payment in the same manner any person— of complying in good faith with a State order,
as such section applies to a payment under such (A) to whom a credit is allowed against taxes State law, court order, or interpretation by a
Act. imposed by the possession by reason of the State Attorney General relating to garnishment
‘‘(III) In the case of a payment described in amendments made by this section, or order, may, but is not required to, treat the
clause (i) which is made with respect to a speci- (B) who is eligible for a payment under a plan amount of the payment as exempt under law
fied veterans beneficiary, sections 5502, 6106, described in paragraph (2). from garnishment without requiring the account
and 6108 of title 38, United States Code, shall (4) MIRROR CODE TAX SYSTEM.—For purposes holder to assert any right of garnishment ex-
apply to such payment in the same manner as of this subsection, the term ‘‘mirror code tax sys- emption or requiring the consent of the judg-
such sections apply to a payment under such tem’’ means, with respect to any possession of ment creditor.
title. the United States, the income tax system of such (iii) LIABILITY.—A financial institution that
‘‘(6) NOTICE TO TAXPAYER.—Not later than 15 possession if the income tax liability of the resi- complies in good faith with clause (i) or that
days after the date on which the Secretary dis- dents of such possession under such system is acts in good faith in reliance on clause (ii) shall
tributed any payment to an eligible taxpayer determined by reference to the income tax laws not be liable under any Federal or State law,
pursuant to this subsection, notice shall be sent of the United States as if such possession were regulation, or court or other order to a creditor
by mail to such taxpayer’s last known address. the United States. that initiates an order for any protected
Such notice shall indicate the method by which (c) ADMINISTRATIVE PROVISIONS.— amounts, to an account holder for any frozen
such payment was made, the amount of such (1) DEFINITION OF DEFICIENCY.—Section amounts or garnishment order applied.
payment, and a phone number for the appro- 6211(b)(4)(A) of the Internal Revenue Code of (D) DEFINITIONS.—For purposes of this para-
priate point of contact at the Internal Revenue 1986 is amended by striking ‘‘and 6428’’ and in- graph—
Service to report any error with respect to such serting ‘‘6428, and 6428A’’. (i) ACCOUNT HOLDER.—The term ‘‘account
payment. (2) MATHEMATICAL OR CLERICAL ERROR AU- holder’’ means a natural person against whom a
‘‘(h) REGULATIONS.—The Secretary shall pre- THORITY.—Section 6213(g)(2) of such Code is garnishment order is issued and whose name ap-
scribe such regulations or other guidance as amended— pears in a financial institution’s records.
may be necessary or appropriate to carry out (A) by inserting ‘‘or section 6428A (relating to (ii) APPLICABLE PAYMENT.—The term ‘‘appli-
the purposes of this section, including— additional recovery rebates to individuals)’’ be- cable payment’’ means any payment of credit or
‘‘(1) regulations or other guidance providing fore the comma at the end of subparagraph (H), refund by reason of section 6428 of such Code
dlhill on DSK120RN23PROD with HOUSE
taxpayers the opportunity to provide the Sec- and (as so added) or by reason of subsection (c) of
retary information sufficient to allow the Sec- (B) by striking ‘‘or 6428’’ in subparagraph (L) this section.
retary to make payments to such taxpayers and inserting ‘‘6428, or 6428A’’. (iii) GARNISHMENT.—The term ‘‘garnishment’’
under subsection (g) (including the determina- (3) EXCEPTION FROM REDUCTION OR OFFSET.— means execution, levy, attachment, garnish-
tion of the amount of such payment) if such in- Any credit or refund allowed or made to any in- ment, or other legal process.
formation is not otherwise available to the Sec- dividual by reason of section 6428A of the Inter- (iv) GARNISHMENT ORDER.—The term ‘‘gar-
retary, and nal Revenue Code of 1986 (as added by this sec- nishment order’’ means a writ, order, notice,
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2063
summons, judgment, levy, or similar written in- and beginning before December 31, 2020, on Fri- sentence which are also used in section 480(d)(1)
struction issued by a court, a State or State day of such week, not later than 3 p.m. Eastern of the Higher Education Act of 1965 shall have
agency, a municipality or municipal corpora- Time, the Secretary of the Treasury shall pro- the same meaning as when used in such section,
tion, or a State child support enforcement agen- vide a written report to the Committee on Ways and
cy, including a lien arising by operation of law and Means of the House of Representatives and ‘‘(ii) provides (in such manner as the Sec-
for overdue child support or an order to freeze the Committee on Finance of the Senate. Such retary may provide) consent for local edu-
the assets in an account, to effect a garnishment report shall include the following information cational agencies and financial aid administra-
against a debtor. with respect to payments made pursuant to each tors to disclose to the Secretary information re-
(5) TREATMENT OF CREDIT AND ADVANCE PAY- of sections 6428 and 6428A of the Internal Rev- lated to the status of such individual as a quali-
MENTS.—For purposes of section 1324 of title 31, enue Code of 1986: fied homeless youth.
United States Code, any credit under section (1) The number of scheduled payments sent to ‘‘(2) INCREASE IN MAXIMUM AGE FOR CREDIT.—
6428A(a) of the Internal Revenue Code of 1986, the Bureau of Fiscal Service for payment by di- Subsection (c)(1)(A)(ii)(II) shall be applied by
any credit or refund under section 6428A(g) of rect deposit or paper check for the following substituting ‘age 66’ for ‘age 65’.
such Code, and any payment under subsection week (stated separately for direct deposit and ‘‘(3) INCREASE IN CREDIT AND PHASEOUT PER-
(b) of this section, shall be treated in the same paper check). CENTAGES.—The table contained in subsection
manner as a refund due from a credit provision (2) The total dollar amount of the scheduled (b)(1) shall be applied by substituting ‘15.3’ for
referred to in subsection (b)(2) of such section payments described in paragraph (1). ‘7.65’ each place it appears therein.
1324. (3) The number of direct deposit payments re- ‘‘(4) INCREASE IN EARNED INCOME AND PHASE-
(6) AGENCY INFORMATION SHARING AND ASSIST- turned to the Department of the Treasury and OUT AMOUNTS.—
ANCE.—The Commissioner of Social Security, the ‘‘(A) IN GENERAL.—The table contained in
the total dollar value of such payments, for the
Railroad Retirement Board, and the Secretary subsection (b)(2)(A) shall be applied—
week ending on the day prior to the day on ‘‘(i) by substituting ‘$9,720’ for ‘$4,220’, and
of Veterans Affairs shall each provide the Sec- which the report is provided. ‘‘(ii) by substituting ‘$11,490’ for ‘$5,280’.
retary of the Treasury (or the Secretary’s dele- (4) The total number of letters related to pay- ‘‘(B) COORDINATION WITH INFLATION ADJUST-
gate) such information and assistance as the ments under section 6428 or 6428A of such Code MENT.—Subsection (j) shall not apply to any
Secretary of the Treasury (or the Secretary’s mailed to taxpayers during the week ending on dollar amount specified in this paragraph.’’.
delegate) may require for purposes of making the day prior to the day on which the report is (b) INFORMATION RETURN MATCHING.—As
payments under section 6428A(g) of the Internal provided. soon as practicable, the Secretary of the Treas-
Revenue Code of 1986 to individuals described in Subtitle C—Earned Income Tax Credit ury (or the Secretary’s delegate) shall develop
paragraph (5)(A)(ii) thereof. and implement procedures to use information re-
(7) CLERICAL AMENDMENT.—The table of sec- SEC. 20121. STRENGTHENING THE EARNED IN-
COME TAX CREDIT FOR INDIVIDUALS turns under section 6050S (relating to returns re-
tions for subchapter B of chapter 65 of the In- WITH NO QUALIFYING CHILDREN. lating to higher education tuition and related
ternal Revenue Code of 1986 is amended by in- expenses) to check the status of individuals as
(a) SPECIAL RULES FOR 2020.—Section 32 of
serting after the item relating to section 6428 the full-time students for purposes of section
the Internal Revenue Code of 1986 is amended
following new item: 32(n)(1)(B)(ii) of the Internal Revenue Code of
by adding at the end the following new sub-
‘‘Sec. 6428A. Additional recovery rebates to in- section: 1986 (as added by this section).
dividuals.’’. ‘‘(n) SPECIAL RULES FOR INDIVIDUALS WITH- (c) EFFECTIVE DATE.—The amendment made
(d) APPROPRIATIONS TO CARRY OUT THIS SEC- OUT QUALIFYING CHILDREN.—In the case of any by this section shall apply to taxable years be-
TION.— ginning after December 31, 2019.
taxable year beginning after December 31, 2019,
(1) IN GENERAL.—Immediately upon the enact- SEC. 20122. TAXPAYER ELIGIBLE FOR CHILDLESS
and before January 1, 2021—
ment of this Act, the following sums are appro- EARNED INCOME CREDIT IN CASE OF
‘‘(1) DECREASE IN MINIMUM AGE FOR CREDIT.—
priated, out of any money in the Treasury not QUALIFYING CHILDREN WHO FAIL
‘‘(A) IN GENERAL.—Subsection (c)(1)(A)(ii)(II) TO MEET CERTAIN IDENTIFICATION
otherwise appropriated, for the fiscal year end-
shall be applied by substituting ‘the applicable REQUIREMENTS.
ing September 30, 2020—
minimum age’ for ‘age 25’. (a) IN GENERAL.—Section 32(c)(1) of the Inter-
(A) SOCIAL SECURITY ADMINISTRATION.—For
‘‘(B) APPLICABLE MINIMUM AGE.—For pur- nal Revenue Code of 1986 is amended by striking
an additional amount for ‘‘Social Security Ad-
poses of this paragraph, the term ‘applicable subparagraph (F).
ministration—Limitation on Administrative Ex-
minimum age’ means— (b) EFFECTIVE DATE.—The amendment made
penses’’, $40,500,000, to remain available until
‘‘(i) except as otherwise provided in this sub- by this section shall apply to taxable years be-
September 30, 2021: Provided, that $2,500,000, to
paragraph, age 19, ginning after the date of the enactment of this
remain available until September 30, 2024, shall
‘‘(ii) in the case of a full-time student (other Act.
be transferred to ‘‘Social Security Administra-
than a qualified former foster youth or a quali- SEC. 20123. CREDIT ALLOWED IN CASE OF CER-
tion—Office of Inspector General’’ for necessary
fied homeless youth), age 25, and TAIN SEPARATED SPOUSES.
expenses in carrying out the provisions of the
‘‘(iii) in the case of a qualified former foster (a) IN GENERAL.—Section 32(d) of the Internal
Inspector General Act of 1978.
(B) RAILROAD RETIREMENT BOARD.—For an youth or a qualified homeless youth, age 18. Revenue Code of 1986 is amended—
additional amount for ‘‘Railroad Retirement ‘‘(C) FULL-TIME STUDENT.—For purposes of (1) by striking ‘‘MARRIED INDIVIDUALS.—In
Board—Limitation on Administration’’, $8,300, this paragraph, the term ‘full-time student’ the case of’’ and inserting the following: ‘‘MAR-
to remain available until September 30, 2021. means, with respect to any taxable year, an in- RIED INDIVIDUALS.—
(2) REPORTS.—Beginning 90 days after enact- dividual who is an eligible student (as defined ‘‘(1) IN GENERAL.—In the case of’’, and
ment of this Act, the Secretary of the Treasury in section 25A(b)(3)) during at least 5 calendar (2) by adding at the end the following new
shall submit a quarterly report to the Commit- months during the taxable year. paragraph:
‘‘(D) QUALIFIED FORMER FOSTER YOUTH.—For ‘‘(2) DETERMINATION OF MARITAL STATUS.—
tees on Appropriations of the House of Rep-
purposes of this paragraph, the term ‘qualified For purposes of this section—
resentatives and the Senate detailing the actual ‘‘(A) IN GENERAL.—Except as provided in sub-
expenditure of Internal Revenue Service funds former foster youth’ means an individual who—
‘‘(i) on or after the date that such individual paragraph (B), marital status shall be deter-
in this Act, and the expected expenditure of mined under section 7703(a).
such funds in the subsequent quarter. attained age 14, was in foster care provided
under the supervision or administration of a ‘‘(B) SPECIAL RULE FOR SEPARATED SPOUSE.—
(e) CERTAIN REQUIREMENTS RELATED TO RE- An individual shall not be treated as married if
COVERY REBATES AND ADDITIONAL RECOVERY State or tribal agency administering (or eligible
to administer) a plan under part B or part E of such individual—
REBATES.— ‘‘(i) is married (as determined under section
(1) SIGNATURES ON CHECKS AND NOTICES, ETC., the Social Security Act (without regard to
7703(a)) and does not file a joint return for the
BY THE DEPARTMENT OF THE TREASURY.—Any whether Federal assistance was provided with
taxable year,
check issued to an individual by the Department respect to such child under such part E), and ‘‘(ii) lives with a qualifying child of the indi-
of the Treasury pursuant to section 6428 or ‘‘(ii) provides (in such manner as the Sec- vidual for more than one-half of such taxable
6428A of the Internal Revenue Code of 1986, and retary may provide) consent for State and tribal year, and
any notice issued pursuant to section 6428(f)(6) agencies which administer a plan under part B ‘‘(iii)(I) during the last 6 months of such tax-
or section 6428A(g)(6) of such Code, may not be or part E of the Social Security Act to disclose able year, does not have the same principal
signed by or otherwise bear the name, signature, to the Secretary information related to the sta- place of abode as the individual’s spouse, or
image or likeness of the President, the Vice tus of such individual as a qualified former fos- ‘‘(II) has a decree, instrument, or agreement
President or any elected official or cabinet level ter youth. (other than a decree of divorce) described in sec-
officer of the United States, or any individual ‘‘(E) QUALIFIED HOMELESS YOUTH.—For pur- tion 121(d)(3)(C) with respect to the individual’s
who, with respect to any of the aforementioned poses of this paragraph, the term ‘qualified spouse and is not a member of the same house-
individuals, bears any relationship described in homeless youth’ means, with respect to any tax- hold with the individual’s spouse by the end of
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subparagraphs (A) through (G) of section able year, an individual who— the taxable year.’’.
152(d)(2) of the Internal Revenue Code of 1986. ‘‘(i) is certified by a local educational agency (b) CONFORMING AMENDMENTS.—
(2) EFFECTIVE DATE.—Paragraph (1) shall or a financial aid administrator during such (1) Section 32(c)(1)(A) of such Code is amend-
apply to checks and notices issued after the date taxable year as being either an unaccompanied ed by striking the last sentence.
of the enactment of this Act. youth who is a homeless child or youth, or as (2) Section 32(c)(1)(E)(ii) of such Code is
(f) REPORTS TO CONGRESS.—Each week begin- unaccompanied, at risk of homelessness, and amended by striking ‘‘(within the meaning of
ning after the date of the enactment of this Act self-supporting. Terms used in the preceding section 7703)’’.
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H2064 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(3) Section 32(d)(1) of such Code, as amended ‘‘(II) $200,000,000. turn preparers relating to such earned income
by subsection (a), is amended by striking ‘‘(ii) INFLATION ADJUSTMENT.—In the case of tax credit, or
‘‘(within the meaning of section 7703)’’. any calendar year after 2021, the term ‘base ‘‘(ii) $50,000.
(c) EFFECTIVE DATE.—The amendments made amount’ means the dollar amount determined ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules
by this section shall apply to taxable years be- under clause (i) increased by an amount equal similar to the rules of subparagraphs (A), (B),
ginning after the date of the enactment of this to— (C), and (D) of subsection (a)(4) shall apply for
Act. ‘‘(I) such dollar amount, multiplied by— purposes of this subsection.
SEC. 20124. ELIMINATION OF DISQUALIFIED IN- ‘‘(II) the cost-of-living adjustment determined ‘‘(c) AMERICAN SAMOA.—
VESTMENT INCOME TEST. under section 1(f)(3) for such calendar year, de- ‘‘(1) IN GENERAL.—With respect to calendar
(a) IN GENERAL.—Section 32 of the Internal termined by substituting ‘calendar year 2020’ for year 2020 and each calendar year thereafter, the
Revenue Code of 1986 is amended by striking ‘calendar year 2016’ in subparagraph (A)(ii) Secretary shall, except as otherwise provided in
subsection (i). thereof. this subsection, make payments to American
(b) CONFORMING AMENDMENTS.— Any amount determined under this clause shall Samoa equal to—
(1) Section 32(j)(1) of such Code is amended by be rounded to the nearest multiple of $1,000,000. ‘‘(A) the lesser of—
striking ‘‘subsections (b)(2) and (i)(1)’’ and in- ‘‘(4) RULES RELATED TO PAYMENTS AND RE- ‘‘(i) 75 percent of the cost to American Samoa
serting ‘‘subsection (b)(2)’’. PORTS.— of the earned income tax credit for taxable years
(2) Section 32(j)(1)(B)(i) of such Code is ‘‘(A) TIMING OF PAYMENTS.—The Secretary beginning in or with such calendar year, or
amended by striking ‘‘subsections (b)(2)(A) and shall make payments under paragraph (1) for ‘‘(ii) $12,000,000, plus
(i)(1)’’ and inserting ‘‘subsection (b)(2)(A)’’. any calendar year— ‘‘(B) in the case of calendar years 2020
(3) Section 32(j)(2) of such Code is amended— ‘‘(i) after receipt of the report described in through 2024, the lesser of—
(A) by striking subparagraph (B), and subparagraph (B) for such calendar year, and ‘‘(i) the expenditures made by American
(B) by striking ‘‘ROUNDING.—’’ and all that ‘‘(ii) except as provided in clause (i), within a Samoa during such calendar year for education
follows through ‘‘If any dollar amount’’ and in- reasonable period of time before the due date for efforts with respect to individual taxpayers and
serting the following: ‘‘ROUNDING.—If any dol- individual income tax returns (as determined tax return preparers relating to such earned in-
lar amount’’. under the laws of Puerto Rico) for taxable years come tax credit, or
(c) EFFECTIVE DATE.—The amendments made which began on the first day of such calendar ‘‘(ii) $50,000.
by this section shall apply to taxable years be- year. ‘‘(2) REQUIREMENT TO ENACT AND MAINTAIN AN
ginning after the date of the enactment of this ‘‘(B) ANNUAL REPORTS.—With respect to cal- EARNED INCOME TAX CREDIT.—The Secretary
Act. endar year 2021 and each calendar year there- shall not make any payments under paragraph
SEC. 20125. APPLICATION OF EARNED INCOME after, Puerto Rico shall provide to the Secretary (1) with respect to any calendar year unless
TAX CREDIT IN POSSESSIONS OF a report which shall include— American Samoa has in effect an earned income
THE UNITED STATES. tax credit for taxable years beginning in or with
‘‘(i) an estimate of the costs described in para-
(a) IN GENERAL.—Chapter 77 of the Internal graphs (1)(B)(i) and (3)(A)(i)(I) with respect to such calendar year which allows a refundable
Revenue Code of 1986 is amended by adding at such calendar year, and tax credit to individuals on the basis of the tax-
the end the following new section: ‘‘(ii) a statement of such costs with respect to payer’s earned income which is designed to sub-
‘‘SEC. 7530. APPLICATION OF EARNED INCOME the preceding calendar year. stantially increase workforce participation.
TAX CREDIT TO POSSESSIONS OF ‘‘(C) ADJUSTMENTS.— ‘‘(3) INFLATION ADJUSTMENT.—In the case of
THE UNITED STATES.
‘‘(i) IN GENERAL.—In the event that any esti- any calendar year after 2020, the $12,000,000
‘‘(a) PUERTO RICO.— mate of an amount is more or less than the ac- amount in paragraph (1)(A)(ii) shall be in-
‘‘(1) IN GENERAL.—With respect to calendar tual amount as later determined and any pay- creased by an amount equal to—
year 2021 and each calendar year thereafter, the ment under paragraph (1) was determined on ‘‘(A) such dollar amount, multiplied by—
Secretary shall, except as otherwise provided in the basis of such estimate, proper payment shall ‘‘(B) the cost-of-living adjustment determined
this subsection, make payments to Puerto Rico be made by, or to, the Secretary (as the case under section 1(f)(3) for such calendar year, de-
equal to— may be) as soon as practicable after the deter- termined by substituting ‘calendar year 2019’ for
‘‘(A) the specified matching amount for such ‘calendar year 2016’ in subparagraph (A)(ii)
mination that such estimate was inaccurate.
calendar year, plus thereof.
Proper adjustment shall be made in the amount
‘‘(B) in the case of calendar years 2021
of any subsequent payments made under para- Any increase determined under this clause shall
through 2025, the lesser of—
graph (1) to the extent that proper payment is be rounded to the nearest multiple of $100,000.
‘‘(i) the expenditures made by Puerto Rico
not made under the preceding sentence before ‘‘(4) APPLICATION OF CERTAIN RULES.—Rules
during such calendar year for education efforts
such subsequent payments. similar to the rules of subparagraphs (A), (B),
with respect to individual taxpayers and tax re-
‘‘(ii) ADDITIONAL REPORTS.—The Secretary (C), and (D) of subsection (a)(4) shall apply for
turn preparers relating to the earned income tax
may require such additional periodic reports of purposes of this subsection.
credit, or ‘‘(d) TREATMENT OF PAYMENTS.—For purposes
‘‘(ii) $1,000,000. the information described in subparagraph (B)
as the Secretary determines appropriate to fa- of section 1324 of title 31, United States Code,
‘‘(2) REQUIREMENT TO REFORM EARNED INCOME
cilitate timely adjustments under clause (i). the payments under this section shall be treated
TAX CREDIT.—The Secretary shall not make any
‘‘(D) DETERMINATION OF COST OF EARNED IN- in the same manner as a refund due from a
payments under paragraph (1) with respect to
COME TAX CREDIT.—For purposes of this sub- credit provision referred to in subsection (b)(2)
any calendar year unless Puerto Rico has in ef-
section, the cost to Puerto Rico of the earned in- of such section.’’.
fect an earned income tax credit for taxable
come tax credit shall be determined by the Sec- (b) CLERICAL AMENDMENT.—The table of sec-
years beginning in or with such calendar year
retary on the basis of the laws of Puerto Rico tions for chapter 77 of the Internal Revenue
which (relative to the earned income tax credit
and shall include reductions in revenues re- Code of 1986 is amended by adding at the end
which was in effect for taxable years beginning
ceived by Puerto Rico by reason of such credit the following new item:
in or with calendar year 2019) increases the per-
centage of earned income which is allowed as a and refunds attributable to such credit, but ‘‘Sec. 7529. Application of earned income tax
credit for each group of individuals with respect shall not include any administrative costs with credit to possessions of the United
to which such percentage is separately stated or respect to such credit. States.’’.
determined in a manner designed to substan- ‘‘(E) PREVENTION OF MANIPULATION OF BASE SEC. 20126. TEMPORARY SPECIAL RULE FOR DE-
AMOUNT.—No payments shall be made under TERMINING EARNED INCOME FOR
tially increase workforce participation.
‘‘(3) SPECIFIED MATCHING AMOUNT.—For pur- paragraph (1) if the earned income tax credit as PURPOSES OF EARNED INCOME TAX
in effect in Puerto Rico for taxable years begin- CREDIT.
poses of this subsection—
‘‘(A) IN GENERAL.—The term ‘specified match- ning in or with calendar year 2019 is modified (a) IN GENERAL.—If the earned income of the
ing amount’ means, with respect to any cal- after the date of the enactment of this sub- taxpayer for the taxpayer’s first taxable year
endar year, the lesser of— section. beginning in 2020 is less than the earned income
‘‘(i) the excess (if any) of— ‘‘(b) POSSESSIONS WITH MIRROR CODE TAX of the taxpayer for the preceding taxable year,
‘‘(I) the cost to Puerto Rico of the earned in- SYSTEMS.— the credit allowed under section 32 of the Inter-
come tax credit for taxable years beginning in or ‘‘(1) IN GENERAL.—With respect to calendar nal Revenue Code of 1986 may, at the election of
with such calendar year, over year 2020 and each calendar year thereafter, the the taxpayer, be determined by substituting-—
‘‘(II) the base amount for such calendar year, Secretary shall, except as otherwise provided in (1) such earned income for the preceding tax-
or this subsection, make payments to the Virgin Is- able year, for
‘‘(ii) the product of 3, multiplied by the base lands, Guam, and the Commonwealth of the (2) such earned income for the taxpayer’s first
amount for such calendar year. Northern Mariana Islands equal to— taxable year beginning in 2020.
‘‘(B) BASE AMOUNT.— ‘‘(A) 75 percent of the cost to such possession (b) EARNED INCOME.—
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‘‘(i) BASE AMOUNT FOR 2020.—In the case of of the earned income tax credit for taxable years (1) IN GENERAL.—For purposes of this section,
calendar year 2020, the term ‘base amount’ beginning in or with such calendar year, plus the term ‘‘earned income’’ has the meaning
means the greater of— ‘‘(B) in the case of calendar years 2020 given such term under section 32(c) of the Inter-
‘‘(I) the cost to Puerto Rico of the earned in- through 2024, the lesser of— nal Revenue Code of 1986.
come tax credit for taxable years beginning in or ‘‘(i) the expenditures made by such possession (2) APPLICATION TO JOINT RETURNS.—For pur-
with calendar year 2019 (rounded to the nearest during such calendar year for education efforts poses of subsection (a), in the case of a joint re-
multiple of $1,000,000), or with respect to individual taxpayers and tax re- turn, the earned income of the taxpayer for the
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2065
preceding taxable year shall be the sum of the section (i)(3)(A))’ for ‘described in subsection subsection) with respect to taxable years begin-
earned income of each spouse for such preceding (c)’ in subsection (h)(4)(A).’’. ning after 2019. Such amounts shall be deter-
taxable year. (b) ADVANCE PAYMENT OF CREDIT.— mined by the Secretary based on information
(c) SPECIAL RULES.— (1) IN GENERAL.—Chapter 77 of such Code is provided by the government of the respective
(1) ERRORS TREATED AS MATHEMATICAL amended by inserting after section 7527 the fol- possession.
ERROR.—For purposes of section 6213 of the In- lowing new section: ‘‘(B) COORDINATION WITH CREDIT ALLOWED
ternal Revenue Code of 1986, an incorrect use on ‘‘SEC. 7527A. ADVANCE PAYMENT OF CHILD TAX AGAINST UNITED STATES INCOME TAXES.—No
a return of earned income pursuant to sub- CREDIT. credit shall be allowed under this section for
section (a) shall be treated as a mathematical or ‘‘(a) IN GENERAL.—As soon as practicable any taxable year to any individual to whom a
clerical error. after the date of the enactment of this Act, the credit is allowable against taxes imposed by a
(2) NO EFFECT ON DETERMINATION OF GROSS Secretary shall establish a program for making possession with a mirror code tax system by rea-
INCOME, ETC.—Except as otherwise provided in advance payments of the credit allowed under son of the application of this section in such
this subsection, the Internal Revenue Code of subsection (a) of section 24 on a monthly basis possession for such taxable year.
1986 shall be applied without regard to any sub- (determined without regard to subsection (i)(4)) ‘‘(C) MIRROR CODE TAX SYSTEM.—For pur-
stitution under subsection (a). of such section), or as frequently as the Sec- poses of this paragraph, the term ‘mirror code
(d) TREATMENT OF CERTAIN POSSESSIONS.— retary determines to be administratively feasible, tax system’ means, with respect to any posses-
(1) PAYMENTS TO POSSESSIONS WITH MIRROR to taxpayers determined to be eligible for ad- sion of the United States, the income tax system
CODE TAX SYSTEMS.—The Secretary of the Treas- vance payment of such credit. of such possession if the income tax liability of
ury shall pay to each possession of the United ‘‘(b) LIMITATION.— the residents of such possession under such sys-
States which has a mirror code tax system ‘‘(1) IN GENERAL.—The Secretary may make tem is determined by reference to the income tax
amounts equal to the loss (if any) to that posses- payments under subsection (a) only to the ex- laws of the United States as if such possession
sion by reason of the application of the provi- tent that the total amount of such payments were the United States.
sions of this section (other than this subsection) made to any taxpayer during the taxable year ‘‘(2) PUERTO RICO.—In the case of any bona
with respect to section 32 of the Internal Rev- does not exceed an amount equal to the excess, fide resident of Puerto Rico (within the meaning
enue Code of 1986. Such amounts shall be deter- if any, of— of section 937(a))—
mined by the Secretary of the Treasury based on ‘‘(A) subject to paragraph (2), the amount de- ‘‘(A) the credit determined under this section
information provided by the government of the termined under subsection (a) of section 24 with shall be allowable to such resident,
respective possession. respect to such taxpayer (determined without re- ‘‘(B) in the case of any taxable year beginning
(2) PAYMENTS TO OTHER POSSESSIONS.—The gard to subsection (i)(4)) of such section) for during 2020, the increase determined under the
Secretary of the Treasury shall pay to each pos- such taxable year, over first sentence of subsection (d)(1) shall be the
session of the United States which does not have ‘‘(B) the estimated tax imposed by subtitle A, amount determined under subsection (d)(1)(A)
a mirror code tax system amounts estimated by as reduced by the credits allowable under sub- (determined without regard to subsection
the Secretary of the Treasury as being equal to parts A and C (other than section 24) of such (h)(4)),
the aggregate benefits (if any) that would have part IV, with respect to such taxpayer for such ‘‘(C) in the case of any taxable year beginning
been provided to residents of such possession by taxable year, as determined in such manner as after December 31, 2020, and before January 1,
reason of the provisions of this section (other the Secretary deems appropriate. 2026, the increase determined under the first
than this subsection) with respect to section 32 ‘‘(2) APPLICATION OF THRESHOLD AMOUNT LIM- sentence of subsection (d)(1) shall be the lesser
of the Internal Revenue Code of 1986 if a mirror ITATION.—The program described in subsection of—
code tax system had been in effect in such pos- (a) shall make reasonable efforts to apply the ‘‘(i) the amount determined under subsection
session. The preceding sentence shall not apply limitation of section 24(b) with respect to pay- (d)(1)(A) (determined without regard to sub-
unless the respective possession has a plan, ments made under such program. section (h)(4)), or
which has been approved by the Secretary of ‘‘(c) APPLICATION.—The advance payments ‘‘(ii) the dollar amount in effect under sub-
the Treasury, under which such possession will described in this section shall only be made with section (h)(5), and
promptly distribute such payments to its resi- respect to credits allowed under section 24 for ‘‘(D) in the case of any taxable year after De-
dents. taxable years beginning during 2020.’’. cember 31, 2025, the increase determined under
(3) MIRROR CODE TAX SYSTEM.—For purposes (2) RECONCILIATION OF CREDIT AND ADVANCE the first sentence of subsection (d)(1) shall be
of this section, the term ‘‘mirror code tax sys- CREDIT.—Section 24(i) of such Code, as amended the amount determined under subsection
tem’’ means, with respect to any possession of by subsection (a), is amended by adding at the (d)(1)(A).
the United States, the income tax system of such end the following new paragraph: ‘‘(3) AMERICAN SAMOA.—
possession if the income tax liability of the resi- ‘‘(4) RECONCILIATION OF CREDIT AND ADVANCE ‘‘(A) IN GENERAL.—The Secretary shall pay to
dents of such possession under such system is CREDIT.— American Samoa amounts estimated by the Sec-
determined by reference to the income tax laws ‘‘(A) IN GENERAL.—The amount of the credit retary as being equal to the aggregate benefits
of the United States as if such possession were allowed under this section for any taxable year that would have been provided to residents of
the United States. shall be reduced (but not below zero) by the ag- American Samoa by reason of the application of
(4) TREATMENT OF PAYMENTS.—For purposes gregate amount of any advance payments of this section for taxable years beginning after
of section 1324 of title 31, United States Code, such credit under section 7527A for such taxable 2019 if the provisions of this section had been in
the payments under this section shall be treated year. effect in American Samoa.
in the same manner as a refund due from a ‘‘(B) EXCESS ADVANCE PAYMENTS.—If the ag- ‘‘(B) DISTRIBUTION REQUIREMENT.—Subpara-
credit provision referred to in subsection (b)(2) gregate amount of advance payments under sec- graph (A) shall not apply unless American
of such section. tion 7527A for the taxable year exceeds the Samoa has a plan, which has been approved by
Subtitle D—Child Tax Credit amount of the credit allowed under this section the Secretary, under which American Samoa
SEC. 20131. CHILD TAX CREDIT IMPROVEMENTS
for such taxable year (determined without re- will promptly distribute such payments to the
FOR 2020. gard to subparagraph (A)), the tax imposed by residents of American Samoa in a manner which
(a) IN GENERAL.—Section 24 of the Internal this chapter for such taxable year shall be in- replicates to the greatest degree practicable the
Revenue Code of 1986 is amended by adding at creased by the amount of such excess.’’. benefits that would have been so provided to
the end the following new subsection: (3) CLERICAL AMEMDMENT.—The table of sec- each such resident.
‘‘(i) SPECIAL RULES FOR 2020.—In the case of tions for chapter 77 of such Code is amended by ‘‘(C) COORDINATION WITH CREDIT ALLOWED
any taxable year beginning in 2020— inserting after the item relating to section 7527 AGAINST UNITED STATES INCOME TAXES.—
‘‘(1) REFUNDABLE CREDIT.—Subsection (h)(5) the following new item: ‘‘(i) IN GENERAL.—In the case of a taxable
shall not apply and the increase determined ‘‘Sec. 7527A. Advance payment of child tax year with respect to which a plan is approved
under the first sentence of subsection (d)(1) credit.’’. under subparagraph (B), this section (other
shall be the amount determined under sub- (c) EFFECTIVE DATE.—The amendments made than this subsection) shall not apply to any in-
section (d)(1)(A) (determined without regard to by this section shall apply to taxable years be- dividual eligible for a distribution under such
subsection (h)(4)). ginning after December 31, 2019. plan.
‘‘(2) CREDIT AMOUNT.—Subsection (h)(2) shall SEC. 20132. APPLICATION OF CHILD TAX CREDIT ‘‘(ii) APPLICATION OF SECTION IN EVENT OF AB-
not apply and subsection (a) shall be applied by IN POSSESSIONS. SENCE OF APPROVED PLAN.—In the case of a tax-
substituting ‘$3,000 ($3,600 in the case of a quali- (a) IN GENERAL.—Section 24 of the Internal able year with respect to which a plan is not ap-
fying child who has not attained age 6 as of the Revenue Code of 1986, as amended by the pre- proved under subparagraph (B), rules similar to
close of the calendar year in which the taxable ceding provisions of this Act, is amended by the rules of paragraph (2) shall apply with re-
year of the taxpayer begins)’ for ‘$1,000’. adding at the end the following new subsection: spect to bona fide residents of American Samoa
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‘‘(3) 17-YEAR-OLDS ELIGIBLE FOR TREATMENT ‘‘(j) APPLICATION OF CREDIT IN POSSESSIONS.— (within the meaning of section 937(a)).
AS QUALIFYING CHILDREN.—This section shall be ‘‘(1) MIRROR CODE POSSESSIONS.— ‘‘(4) TREATMENT OF PAYMENTS.—The pay-
applied— ‘‘(A) IN GENERAL.—The Secretary shall pay to ments made under this subsection shall be treat-
‘‘(A) by substituting ‘age 18’ for ‘age 17’ in each possession of the United States with a mir- ed in the same manner for purposes of section
subsection (c)(1), and ror code tax system amounts equal to the loss to 1324(b)(2) of title 31, United States Code, as re-
‘‘(B) by substituting ‘described in subsection that possession by reason of the application of funds due from the credit allowed under this
(c) (determined after the application of sub- this section (determined without regard to this section.’’.
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H2066 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(b) EFFECTIVE DATE.—The amendment made Subtitle F—Flexibility for Certain Employee (b) ONE-TIME APPLICATION.—Paragraphs (1)
by this section shall apply to taxable years be- Benefits and (2) of subsection (a) shall each apply to
ginning after December 31, 2019. SEC. 20151. INCREASE IN CARRYOVER FOR only 1 election change described in such para-
Subtitle E—Dependent Care Assistance HEALTH FLEXIBLE SPENDING AR- graph with respect to an employee (in addition
RANGEMENTS. to any other election changes during a period of
SEC. 20141. REFUNDABILITY AND ENHANCEMENT (a) IN GENERAL.—A plan or other arrange- coverage permitted under the plan or arrange-
OF CHILD AND DEPENDENT CARE ment that otherwise satisfies all of the applica- ment without regard to this section).
TAX CREDIT.
ble requirements of sections 106 and 125 of the (c) APPLICABLE PERIOD.—For purposes of this
(a) IN GENERAL.—Section 21 of the Internal Internal Revenue Code of 1986 (including any section, the term ‘‘applicable period’’ means the
Revenue Code of 1986 is amended by adding at rules or regulations thereunder) shall not fail to period beginning on the date of the enactment
the end the following new subsection: be treated as a cafeteria plan or health flexible of this Act and ending on December 31, 2020.
‘‘(g) SPECIAL RULES FOR 2020.—In the case of spending arrangement merely because such plan (d) DEFINITIONS.—Any term used in this sec-
any taxable year beginning after December 31, or arrangement permits participants to carry tion which is also used in section 106 or 125 of
2019, and before January 1, 2021— over an amount not in excess of $2,750 of unused the Internal Revenue Code of 1986 or the rules
‘‘(1) CREDIT MADE REFUNDABLE.—In the case benefits or contributions remaining in a health or regulations thereunder shall have the same
of an individual other than a nonresident alien, flexible spending arrangement from the plan meaning as when used in such section or rules
the credit allowed under subsection (a) shall be year ending in 2020 to the plan year ending in or regulations.
treated as a credit allowed under subpart C 2021. SEC. 20155. EXTENSION OF GRACE PERIODS, ETC.
(and not allowed under this subpart). (b) DEFINITIONS.—Any term used in this sec- (a) IN GENERAL.—A plan or other arrange-
‘‘(2) INCREASE IN APPLICABLE PERCENTAGE.— tion which is also used in section 106 or 125 of ment that otherwise satisfies all applicable re-
Subsection (a)(2) shall be applied— the Internal Revenue Code of 1986 or the rules quirements of sections 106, 125, or 129 of the In-
or regulations thereunder shall have the same ternal Revenue Code (including any rules or
‘‘(A) by substituting ‘50 percent’ for ‘35 per- meaning as when used in such section or rules
cent ’, and regulations thereunder) shall not fail to be
or regulations. treated as a cafeteria plan, health flexible
‘‘(B) by substituting ‘$120,000’ for ‘$15,000’. SEC. 20152. CARRYOVER FOR DEPENDENT CARE spending arrangement, or dependent care flexi-
‘‘(3) INCREASE IN DOLLAR LIMIT ON AMOUNT FLEXIBLE SPENDING ARRANGE-
ble spending arrangement (whichever is applica-
CREDITABLE.—Subsection (c) shall be applied— MENTS.
ble) merely because such plan or arrangement
‘‘(A) by substituting ‘$6,000’ for ‘$3,000’ in (a) IN GENERAL.—A plan or other arrange- extends the grace period for the plan year end-
paragraph (1) thereof, and ment that otherwise satisfies all applicable re- ing in 2020 to 12 months after the end of such
‘‘(B) by substituting ‘twice the amount in ef- quirements of sections 106, 125, and 129 of the plan year, with respect to unused benefits or
fect under paragraph (1)’ for ‘$6,000’ in para- Internal Revenue Code of 1986 (including any contributions remaining in a health flexible
graph (2) thereof.’’. rules or regulations thereunder) shall not fail to spending arrangement or a dependent care flexi-
be treated as a cafeteria plan or dependent care ble spending arrangement.
(b) CONFORMING AMENDMENT.—Section
flexible spending arrangement merely because
1324(b)(2) of title 31, United States Code, is (b) POST-TERMINATION REIMBURSEMENTS
such plan or arrangement permits participants
amended by inserting ‘‘21 (by reason of sub- FROM HEALTH FSAS.—A plan or other arrange-
to carry over (under rules similar to the rules
section (g) thereof),’’ before ‘‘25A’’. ment that otherwise satisfies all applicable re-
applicable to health flexible spending arrange-
(c) COORDINATION WITH POSSESSION TAX SYS- quirements of sections 106 and 125 of the Inter-
ments) an amount, not in excess of the amount
TEMS.—Section 21(g)(1) of the Internal Revenue nal Revenue Code of 1986 (including any rules
in effect under section 129(a)(2)(A) of such
Code of 1986 (as added by this section) shall not or regulations thereunder) shall not fail to be
Code, of unused benefits or contributions re-
apply to any person— treated as a cafeteria plan or health flexible
maining in a dependent care flexible spending
(1) to whom a credit is allowed against taxes spending arrangement merely because such plan
arrangement from the plan year ending in 2020
imposed by a possession with a mirror code tax or arrangement allows (under rules similar to
to the plan year ending in 2021.
system by reason of the application of section 21 the rules applicable to dependent care flexible
(b) DEFINITIONS.—Any term used in this sec-
of such Code in such possession for such taxable spending arrangements) an employee who ceases
tion which is also used in section 106, 125, or 129
year, or participation in the plan during calendar year
of the Internal Revenue Code of 1986 or the
2020 to continue to receive reimbursements from
(2) to whom a credit would be allowed against rules or regulations thereunder shall have the
unused benefits or contributions through the
taxes imposed by a possession which does not same meaning as when used in such section or
end of the plan year (including any grace pe-
have a mirror code tax system if the provisions rules or regulations.
riod, taking into account any modification of a
of section 21 of such Code had been in effect in SEC. 20153. CARRYOVER OF PAID TIME OFF.
grace period permitted under subsection (a)).
such possession for such taxable year. (a) IN GENERAL.—A plan that otherwise satis- (c) DEFINITIONS.—Any term used in this sec-
(d) EFFECTIVE DATE.—The amendments made fies all applicable requirements of section 125 of tion which is also used in section 106, 125, or 129
by this section shall apply to taxable years be- the Internal Revenue Code of 1986 (including of the Internal Revenue Code of 1986 or the
ginning after December 31, 2019. any rules or regulations thereunder) shall not rules or regulations thereunder shall have the
SEC. 20142. INCREASE IN EXCLUSION FOR EM- fail to be treated as a cafeteria plan merely be- same meaning as when used in such section or
PLOYER-PROVIDED DEPENDENT cause such plan permits participants to carry rules or regulations.
CARE ASSISTANCE. over (under rules similar to the rules applicable
SEC. 20156. PLAN AMENDMENTS.
(a) IN GENERAL.—Section 129(a)(2) of the In- to health flexible spending arrangements) any
amount of paid time off (without limitation) A plan or other arrangement that otherwise
ternal Revenue Code of 1986 is amended by add- satisfies all applicable requirements of sections
ing at the end the following new subparagraph: from the plan year ending in 2020 to the plan
year ending in 2021. 106, 125, and 129 of the Internal Revenue Code
‘‘(D) SPECIAL RULE FOR 2020.—In the case of of 1986 (including any rules or regulations
(b) DEFINITIONS.—Any term used in this sec-
any taxable year beginning during 2020, sub- thereunder) shall not fail to be treated as a caf-
tion which is also used in section 125 of the In-
paragraph (A) shall be applied be substituting eteria plan, health flexible spending arrange-
ternal Revenue Code of 1986 or the rules or regu-
‘$10,500 (half such dollar amount’ for ‘$5,000 ment, or dependent care flexible spending ar-
lations thereunder shall have the same meaning
($2,500’.’’. rangement merely because such plan or arrange-
as when used in such section or rules or regula-
(b) EFFECTIVE DATE.—The amendment made tions. ment is amended pursuant to a provision under
by this section shall apply to taxable years be- this subtitle and such amendment is retroactive,
SEC. 20154. CHANGE IN ELECTION AMOUNT.
ginning after December 31, 2019. if—
(a) IN GENERAL.—A plan or other arrange-
(c) RETROACTIVE PLAN AMENDMENTS.—A plan (1) such amendment is adopted no later than
ment that otherwise satisfies all applicable re-
or other arrangement that otherwise satisfies all the last day of the plan year in which the
quirements of sections 106 and 125 of the Inter-
applicable requirements of sections 106, 125, and amendment is effective, and
nal Revenue Code of 1986 (including any rules
129 of the Internal Revenue Code of 1986 (in- (2) the plan or arrangement is operated con-
or regulations thereunder) shall not fail to be
cluding any rules or regulations thereunder) sistent with the terms of such amendment dur-
treated as a cafeteria plan or health flexible
shall not fail to be treated as a cafeteria plan or ing the period beginning on the effective date of
spending arrangement merely because such plan
dependent care flexible spending arrangement the amendment and ending on the date the
or arrangement allows an employee to make,
merely because such plan or arrangement is amendment is adopted.
with respect to the remaining portion of a period
amended pursuant to a provision under this sec- of coverage within the applicable period— Subtitle G—Deduction of State and Local
tion and such amendment is retroactive, if— (1) an election modifying the amount of such Taxes
(1) such amendment is adopted no later than employee’s contributions to such a health flexi- SEC. 20161. ELIMINATION FOR 2020 AND 2021 OF
the last day of the plan year in which the
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ble spending arrangement (without regard to LIMITATION ON DEDUCTION OF
amendment is effective, and any change in status), or STATE AND LOCAL TAXES.
(2) the plan or arrangement is operated con- (2) an election modifying the amount of such (a) IN GENERAL.—Section 164(b)(6)(B) of the
sistent with the terms of such amendment dur- employee’s elective paid time off. Internal Revenue Code of 1986 is amended by in-
ing the period beginning on the effective date of Any election as modified under paragraph (1) serting ‘‘in the case of a taxable year beginning
the amendment and ending on the date the shall not exceed the limitation applicable under before January 1, 2020, or after December 31,
amendment is adopted. section 125(i) for the taxable year. 2021,’’ before ‘‘the aggregate amount of taxes’’.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2067
(b) CONFORMING AMENDMENTS.—Section ceding provisions of this Act, is amended by (2) the employer elects (at such time and in
164(b)(6) of the Internal Revenue Code of 1986 is adding at the end of the following new para- such manner as the Secretary may provide) to
amended— graph: treat such amount as a qualified pandemic-re-
(1) by striking ‘‘For purposes of subparagraph ‘‘(5) TEMPORARY RULE FOR FIRST RESPONDERS lated employee benefit expense.
(B)’’ and inserting ‘‘For purposes of this sec- AND COVID–19 FRONT LINE EMPLOYEES.— (d) APPLICABLE PERCENTAGE.—For purposes
tion’’, ‘‘(A) IN GENERAL.—In the case of any taxable of this section—
(2) by striking ‘‘January 1, 2018’’ and insert- year beginning in 2020— (1) IN GENERAL.—The term ‘‘applicable per-
ing ‘‘January 1, 2022’’, ‘‘(i) subsection (a)(2)(F)(ii) shall be applied by centage’’ means—
(3) by striking ‘‘December 31, 2017, shall’’ and substituting ‘uniforms, supplies, or equipment’ (A) 50 percent, in the case of qualified pan-
inserting ‘‘December 31, 2021, shall’’, and for ‘uniforms’, and demic-related employee benefit expenses paid
(4) by adding at the end the following: ‘‘For ‘‘(ii) for purposes of subsection (a)(2)(F), the with respect to an essential employee, and
purposes of this section, in the case of State or term ‘first responder’ shall include any COVID– (B) 30 percent, in any other case.
local taxes with respect to any real or personal 19 front line employee. (2) ESSENTIAL EMPLOYEE.—The term ‘‘essential
‘‘(B) COVID–19 FRONT LINE EMPLOYEE.—For employee’’ means, with respect to any employer
property paid during a taxable year beginning
purposes of this paragraph, the term ‘COVID–19 for any calendar quarter, any employee of such
in 2020 or 2021, the Secretary shall prescribe
front line employee’ means, with respect to any employer if a substantial portion of the services
rules which treat all or a portion of such taxes
taxable year, any individual who performs at performed by such employee for such employer
as paid in a taxable year or years other than
least 1000 hours of essential work (as defined in during such calendar quarter are essential work
the taxable year in which actually paid as nec-
the COVID–19 Heroes Fund Act of 2020 except (as defined in the COVID–19 Heroes Fund Act of
essary or appropriate to prevent the avoidance
without regard to the time period during which 2020 except without regard to the time period
of the limitations of this subsection.’’.
such work is performed) during such taxable during which such work is performed).
(c) EFFECTIVE DATE.—The amendments made
year as an employee in a trade or business of an (e) SPECIAL RULES; OTHER DEFINITIONS.—
by this section shall apply to taxes paid or ac-
employer.’’. (1) APPLICATION OF CERTAIN NON-DISCRIMINA-
crued in taxable years beginning after December
(b) EFFECTIVE DATE.—The amendment made TION RULES.—No credit shall be allowed under
31, 2019.
by this section shall apply to taxable years be- this section to any employer for any calendar
TITLE II—ADDITIONAL RELIEF FOR ginning after December 31, 2019. quarter if qualified pandemic-related employee
WORKERS SEC. 20204. PAYROLL CREDIT FOR CERTAIN PAN- benefit expenses are provided by such employer
Subtitle A—Additional Relief DEMIC-RELATED EMPLOYEE BEN- to employees for such calendar quarter in a
EFIT EXPENSES PAID BY EMPLOY- manner which discriminates in favor of highly
SEC. 20201. INCREASE IN ABOVE-THE-LINE DE-
ERS. compensated individuals (within the meaning of
DUCTION FOR CERTAIN EXPENSES
OF ELEMENTARY AND SECONDARY (a) IN GENERAL.—In the case of an employer, section 125) as to eligibility for, or the amount
SCHOOL TEACHERS. there shall be allowed as a credit against appli- of, such benefit expenses. An employer may elect
(a) INCREASE.—Section 62(a)(2)(D) of the In- cable employment taxes for each calendar quar- with respect to any calendar quarter to apply
ternal Revenue Code of 1986 is amended by ter an amount equal to the applicable percent- this paragraph separately with respect to essen-
striking ‘‘$250’’ and inserting ‘‘$500’’. age of the qualified pandemic-related employee tial employees and with respect to all other em-
(b) CONFORMING AMENDMENTS.—Section benefit expenses paid by such employer with re- ployees.
62(d)(3) of the Internal Revenue Code of 1986 is spect to such calendar quarter. (2) DENIAL OF DOUBLE BENEFIT.—For purposes
amended— (b) LIMITATIONS AND REFUNDABILITY.— of chapter 1 of such Code, no deduction or cred-
(1) DOLLAR LIMITATION PER EMPLOYEE.—The it (other than the credit allowed under this sec-
(1) by striking ‘‘2015’’ and inserting ‘‘2020’’,
qualified pandemic-related employee benefit ex- tion) shall be allowed for so much of qualified
(2) by striking ‘‘$250’’ and inserting ‘‘$500’’,
penses which may be taken into account under pandemic-related employee benefit expenses as
and
subsection (a) with respect to any employee for is equal to the credit allowed under this section.
(3) in subparagraph (B), by striking ‘‘2014’’
any calendar quarter shall not exceed $5,000. (3) THIRD PARTY PAYORS.—Any credit allowed
and inserting ‘‘2019’’. (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
(c) EFFECTIVE DATE.—The amendments made under this section shall be treated as a credit
TAXES.—The credit allowed by subsection (a)
by this section shall apply to taxable years be- described in section 3511(d)(2) of such Code.
with respect to any calendar quarter shall not (4) APPLICABLE EMPLOYMENT TAXES.—For
ginning after December 31, 2019. exceed the applicable employment taxes for such
SEC. 20202.ABOVE-THE-LINE DEDUCTION AL- purposes of this section, the term ‘‘applicable
calendar quarter (reduced by any credits al- employment taxes’’ means the following:
LOWED FOR CERTAIN EXPENSES OF
lowed under subsections (e) and (f) of section (A) The taxes imposed under section 3111(a) of
FIRST RESPONDERS.
3111 of such Code, sections 7001 and 7003 of the the Internal Revenue Code of 1986.
(a) IN GENERAL.—Section 62(a)(2) of the Inter- Families First Coronavirus Response Act, and
nal Revenue Code of 1986 is amended by adding (B) So much of the taxes imposed under sec-
section 2301 of the CARES Act, for such quarter) tion 3221(a) of such Code as are attributable to
at the end the following new subparagraph: on the wages paid with respect to the employ-
‘‘(F) CERTAIN EXPENSES OF FIRST RESPOND- the rate in effect under section 3111(a) of such
ment of all the employees of the employer for Code.
ERS.—The deductions allowed by section 162
such calendar quarter. (5) SECRETARY.—For purposes of this section,
which consist of expenses, not in excess of $500, (3) REFUNDABILITY OF EXCESS CREDIT.— the term ‘‘Secretary’’ means the Secretary of the
paid or incurred by a first responder— (A) IN GENERAL.—If the amount of the credit Treasury or the Secretary’s delegate.
‘‘(i) as tuition or fees for the participation of under subsection (a) exceeds the limitation of (6) CERTAIN TERMS.—
the first responder in professional development paragraph (2) for any calendar quarter, such (A) IN GENERAL.—Any term used in this sec-
courses related to service as a first responder, or excess shall be treated as an overpayment that tion which is also used in chapter 21 or 22 of
‘‘(ii) for uniforms used by the first responder shall be refunded under sections 6402(a) and such Code shall have the same meaning as when
in service as a first responder.’’. 6413(b) of the Internal Revenue Code of 1986. used in such chapter (as the case may be).
(b) FIRST RESPONDER DEFINED.—Section 62(d) (B) TREATMENT OF PAYMENTS.—For purposes (B) CERTAIN PROVISIONS NOT TAKEN INTO AC-
of the Internal Revenue Code of 1986 is amended of section 1324 of title 31, United States Code, COUNT EXCEPT FOR PURPOSES OF LIMITING CRED-
by adding at the end the following new para- any amounts due to an employer under this IT TO EMPLOYMENT TAXES.—For purposes of sub-
graph: paragraph shall be treated in the same manner paragraph (A) (other than with respect to sub-
‘‘(4) FIRST RESPONDER.—For purposes of sub- as a refund due from a credit provision referred section (b)(2)), section 3121(b) of such Code shall
section (a)(2)(F), the term ‘first responder’ to in subsection (b)(2) of such section. be applied without regard to paragraphs (1), (5),
means, with respect to any taxable year, any (4) COORDINATION WITH GOVERNMENT (6), (7), (8), (10), (13), (18), (19), and (22) thereof
employee who provides at least 1000 hours of GRANTS.—The qualified pandemic-related em- (except with respect to services performed in a
service during such taxable year as a law en- ployee benefit expenses taken into account penal institution by an inmate thereof) and sec-
forcement officer, firefighter, paramedic, or under this section by any employer shall be re- tion 3231(e)(1) shall be applied without regard to
emergency medical technician.’’. duced by any amounts provided by and Federal, the sentence that begins ‘‘Such term does not in-
(c) INFLATION ADJUSTMENT.—Section 62(d)(3) State, or local government for purposes of mak- clude remuneration’’.
of the Internal Revenue Code of 1986, as amend- ing or reimbursing such expenses. (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
ed by the preceding provisions of this Act, is (c) QUALIFIED PANDEMIC-RELATED EMPLOYEE (1) IN GENERAL.—The credit under this section
further amended by striking ‘‘the $500 amount BENEFIT EXPENSES.—For purposes of this sec- shall not be allowed to the Federal Government
in subsection (a)(2)(D)’’ and inserting ‘‘the $500 tion, the term ‘‘qualified pandemic-related em- or any agency or instrumentality thereof.
amount in each of subparagraphs (D) and (F) of ployee benefit expenses’’ means any amount (2) EXCEPTION.—Paragraph (1) shall not
subsection (a)(2)’’. paid to or for the benefit of an employee in the apply to any organization described in section
(d) EFFECTIVE DATE.—The amendments made employment of the employer if— 501(c)(1) of the Internal Revenue Code of 1986
by this section shall apply to taxable years be- (1) such amount is excludible from the gross and exempt from tax under section 501(a) of
dlhill on DSK120RN23PROD with HOUSE
ginning after December 31, 2019. income of the employee under section 139 of the such Code.
SEC. 20203. TEMPORARY ABOVE-THE-LINE DEDUC- Internal Revenue Code of 1986 by reason of (g) TREATMENT OF DEPOSITS.—The Secretary
TION FOR SUPPLIES AND EQUIP- being a qualified disaster relief payment de- shall waive any penalty under section 6656 of
MENT OF FIRST RESPONDERS AND scribed in subsection (b)(1) of such section with such Code for any failure to make a deposit of
COVID–19 FRONT LINE EMPLOYEES. respect to a qualified disaster described in sub- applicable employment taxes if the Secretary de-
(a) IN GENERAL.—Section 62(d) of the Internal section (c)(2) of such section which was declared termines that such failure was due to the antici-
Revenue Code of 1986, as amended by the pre- by reason of COVID–19, and pation of the credit allowed under this section.
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H2068 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(h) REGULATIONS.—The Secretary shall pre- whether an employer is an applicable large em- plan (as defined in section 5000(b)(1) of the In-
scribe such regulations or other guidance as ployer for purposes of section 4980H(c)(2) of the ternal Revenue Code of 1986), but only to the ex-
may be necessary to carry out the purposes of Internal Revenue Code of 1986) employed by tent that such amounts are excluded from the
this section, including regulations or other guid- such eligible employer during calendar year 2019 gross income of employees by reason of section
ance— was greater than 1,500, and 106(a) of such Code.
(1) to allow the advance payment of the credit ‘‘(B) the gross receipts (within the meaning of ‘‘(ii) ALLOCATION RULES.—For purposes of this
determined under subsection (a), subject to the section 448(c) of the Internal Revenue Code of section, amounts treated as wages under clause
limitations provided in this section, based on 1986) of such eligible employer during calendar (i) shall be treated as paid with respect to any
such information as the Secretary shall require, year 2019 was greater than $41,500,000.’’. employee (and with respect to any period) to the
(2) to provide for the reconciliation of such (d) PHASE-IN OF ELIGIBILITY BASED ON REDUC- extent that such amounts are properly allocable
advance payment with the amount of the credit TION IN GROSS RECEIPTS.— to such employee (and to such period) in such
at the time of filing the return of tax for the ap- (1) DECREASE OF REDUCTION IN GROSS RE- manner as the Secretary may prescribe. Except
plicable quarter or taxable year, CEIPTS NECESSARY TO QUALIFY FOR CREDIT.— as otherwise provided by the Secretary, such al-
(3) for recapturing the benefit of credits deter- Section 2301(c)(2)(B) of the CARES Act is location shall be treated as properly made if
mined under this section in cases where there is amended— made on the basis of being pro rata among peri-
a subsequent adjustment to the credit deter- (A) by striking ‘‘50 percent’’ in clause (i) and ods of coverage.’’.
mined under subsection (a), and inserting ‘‘90 percent’’, and (2) CONFORMING AMENDMENT.—Section
(4) with respect to the application of the credit (B) by striking ‘‘80 percent’’ in clause (ii) and 2301(c)(3) of the CARES Act is amended by strik-
to third party payors (including professional inserting ‘‘90 percent’’. ing subparagraph (C).
employer organizations, certified professional (2) PHASE-IN OF CREDIT IF REDUCTION IN GROSS (f) QUALIFIED WAGES PERMITTED TO INCLUDE
employer organizations, or agents under section RECEIPTS IS LESS THAN 50 PERCENT.—Section AMOUNTS FOR TIP REPLACEMENT.—
3504 of such Code), including to allow such 2301(c)(2) of the CARES Act is amended by add- (1) IN GENERAL.—Section 2301(c)(3)(B) of the
payors to submit documentation necessary to ing at the end the following new subparagraph: CARES Act is amended by inserting ‘‘(including
substantiate eligibility for, and the amount of, ‘‘(D) PHASE-IN OF CREDIT WHERE BUSINESS NOT tips which would have been deemed to be paid
the credit allowed under this section. SUSPENDED AND REDUCTION IN GROSS RECEIPTS by the employer under section 3121(q))’’ after
(i) APPLICATION OF SECTION.—This section LESS THAN 50 PERCENT.— ‘‘would have been paid’’.
shall apply only to qualified pandemic-related ‘‘(i) IN GENERAL.—In the case of any calendar (2) CONFORMING AMENDMENT.—Section
employee benefit expenses paid after March 12, quarter with respect to which an eligible em- 2301(h)(2) of the CARES Act is amended by in-
2020, and before January 1, 2021. ployer would not be an eligible employer if sub- serting ‘‘45B or’’ before ‘‘45S’’.
paragraph (B)(i) were applied by substituting (g) CERTAIN GOVERNMENTAL EMPLOYERS ELI-
(j) TRANSFERS TO CERTAIN TRUST FUNDS.—
‘50 percent’ for ‘90 percent’, the amount of the GIBLE FOR CREDIT.—
There are hereby appropriated to the Federal
credit allowed under subsection (a) shall be re- (1) IN GENERAL.—Section 2301(f) of the CARES
Old-Age and Survivors Insurance Trust Fund
duced by the amount which bears the same ratio Act is amended to read as follows:
and the Federal Disability Insurance Trust ‘‘(f) CERTAIN GOVERNMENTAL EMPLOYERS.—
Fund established under section 201 of the Social to the amount of such credit (determined with-
‘‘(1) IN GENERAL.—The credit under this sec-
Security Act (42 U.S.C. 401) and the Social Secu- out regard to this subparagraph) as—
tion shall not be allowed to the Federal Govern-
rity Equivalent Benefit Account established ‘‘(I) the excess gross receipts percentage point
ment or any agency or instrumentality thereof.
under section 15A(a) of the Railroad Retirement amount, bears to ‘‘(2) EXCEPTION.—Paragraph (1) shall not
Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal ‘‘(II) 40 percentage points.
apply to any organization described in section
to the reduction in revenues to the Treasury by ‘‘(ii) EXCESS GROSS RECEIPTS PERCENTAGE
501(c)(1) of the Internal Revenue Code of 1986
reason of this section (without regard to this POINT AMOUNT.—For purposes of this subpara-
and exempt from tax under section 501(a) of
subsection). Amounts appropriated by the pre- graph, the term ‘excess gross receipts percentage
such Code.
ceding sentence shall be transferred from the point amount’ means, with respect to any cal- ‘‘(3) SPECIAL RULES.—In the case of any State
general fund at such times and in such manner endar quarter, the excess of— government, Indian tribal government, or any
as to replicate to the extent possible the trans- ‘‘(I) the lowest of the gross receipts percentage agency, instrumentality, or political subdivision
fers which would have occurred to such Trust point amounts determined with respect to any of the foregoing—
Fund or Account had this section not been en- calendar quarter during the period ending with ‘‘(A) clauses (i) and (ii)(I) of subsection
acted. such calendar quarter and beginning with the (c)(2)(A) shall apply to all operations of such
first calendar quarter during the period de- entity, and
Subtitle B—Tax Credits to Prevent Business
scribed in subparagraph (B), over ‘‘(B) subclause (II) of subsection (c)(2)(A)(ii)
Interruption
‘‘(II) 50 percentage points. shall not apply.’’.
SEC. 20211. IMPROVEMENTS TO EMPLOYEE RE- ‘‘(iii) GROSS RECEIPTS PERCENTAGE POINT
TENTION CREDIT.
(2) COORDINATION WITH APPLICATION OF CER-
AMOUNTS.—For purposes of this subparagraph, TAIN DEFINITIONS.—
(a) INCREASE IN CREDIT PERCENTAGE.—Section the term ‘gross receipts percentage point (A) IN GENERAL.—Section 2301(c)(5)(A) of the
2301(a) of the CARES Act is amended by striking amount’ means, with respect to any calendar CARES Act, as amended by the preceding provi-
‘‘50 percent’’ and inserting ‘‘80 percent’’. quarter, the percentage (expressed as a number sions of this Act, is amended by adding at the
(b) INCREASE IN PER EMPLOYEE LIMITATION.— of percentage points) obtained by dividing— end the following: ‘‘For purposes of the pre-
Section 2301(b)(1) of the CARES Act is amended ‘‘(I) the gross receipts (within the meaning of ceding sentence (other than for purposes of sub-
by striking ‘‘for all calendar quarters shall not subparagraph (B)) for such calendar quarter, by section (b)(2)), wages as defined in section
exceed $10,000.’’ and inserting ‘‘shall not ex- ‘‘(II) the gross receipts for the same calendar 3121(a) of the Internal Revenue Code of 1986
ceed— quarter in calendar year 2019.’’. shall be determined without regard to para-
‘‘(A) $15,000 in any calendar quarter, and (3) GROSS RECEIPTS OF TAX-EXEMPT ORGANIZA- graphs (1), (5), (6), (7), (8), (10), (13), (18), (19),
‘‘(B) $45,000 in the aggregate for all calendar TIONS.—Section 2301(c)(2)(C) of the CARES Act and (22) of section 3212(b) of such Code (except
quarters.’’. is amended— with respect to services performed in a penal in-
(c) MODIFICATION OF THRESHOLD FOR TREAT- (A) by striking ‘‘of such Code, clauses (i) and stitution by an inmate thereof).’’.
MENT AS A LARGE EMPLOYER.— (ii)(I)’’ and inserting ‘‘of such Code— (B) CONFORMING AMENDMENTS.—Sections
(1) IN GENERAL.—Section 2301(c)(3)(A) of the ‘‘(i) clauses (i) and (ii)(I)’’, 2301(c)(6) of the CARES Act is amended by strik-
CARES Act is amended— (B) by striking the period at the end and in- ing ‘‘Any term’’ and inserting ‘‘Except as other-
(A) by striking ‘‘for which the average number serting ‘‘, and’’, and wise provided in this section, any term’’.
of full-time employees (within the meaning of (C) by adding at the end the following new (h) APPLICATION OF CREDIT TO EMPLOYERS OF
section 4980H of the Internal Revenue Code of clause: DOMESTIC WORKERS.—
1986) employed by such eligible employer during ‘‘(ii) any reference in this section to gross re- (1) IN GENERAL.—Section 2301(c)(2) of the
2019 was greater than 100’’ in clause (i) and in- ceipts shall be treated as a reference to gross re- CARES Act, as amended by the preceding provi-
serting ‘‘which is a large employer’’, and ceipts within the meaning of section 6033 of such sions of this Act, is amended by adding at the
(B) by striking ‘‘for which the average number Code.’’. end the following new subparagraph:
of full-time employees (within the meaning of (e) MODIFICATION OF TREATMENT OF HEALTH ‘‘(E) EMPLOYERS OF DOMESTIC WORKERS.—In
section 4980H of the Internal Revenue Code of PLAN EXPENSES.— the case of an employer with one or more em-
1986) employed by such eligible employer during (1) IN GENERAL.—Section 2301(c)(5) of the ployees who perform domestic service (within
2019 was not greater than 100’’ in clause (ii) and CARES Act is amended to read as follows: the meaning of section 3121(a)(7) of such Code)
inserting ‘‘which is not a large employer’’. ‘‘(5) WAGES.— in the private home of such employer, with re-
(2) LARGE EMPLOYER DEFINED.—Section ‘‘(A) IN GENERAL.—The term ‘wages’ means spect to such employees—
2301(c) of the CARES Act is amended by redesig- wages (as defined in section 3121(a) of the Inter- ‘‘(i) subparagraph (A) shall be applied—
dlhill on DSK120RN23PROD with HOUSE
nating paragraph (6) as paragraph (7) and by nal Revenue Code of 1986) and compensation (as ‘‘(I) by substituting ‘employing an employee
inserting after paragraph (5) the following new defined in section 3231(e) of such Code). who performs domestic service in the private
paragraph: ‘‘(B) ALLOWANCE FOR CERTAIN HEALTH PLAN home of such employer’ for ‘carrying on a trade
‘‘(6) LARGE EMPLOYER.—The term ‘large em- EXPENSES.— or business’ in clause (i) thereof, and
ployer’ means any eligible employer if— ‘‘(i) IN GENERAL.—Such term shall include ‘‘(II) by substituting ‘such employment’ for
‘‘(A) the average number of full-time employ- amounts paid or incurred by the eligible em- ‘the operation of the trade or business’ in clause
ees (as determined for purposes of determining ployer to provide and maintain a group health (ii)(I) thereof.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2069
‘‘(ii) subclause (II) of subparagraph (A)(ii) the rate in effect under section 3111(a) of such (I) the gross receipts (within the meaning of
shall not apply, and Code. subparagraph (B)) for such calendar quarter, by
‘‘(iii) such employer shall be treated as a large (2) ELIGIBLE EMPLOYER.— (II) the gross receipts for the same calendar
employer.’’. (A) IN GENERAL.—The term ‘‘eligible em- quarter in calendar year 2019.
(2) DENIAL OF DOUBLE BENEFIT.—Section ployer’’ means any employer— (3) QUALIFIED FIXED EXPENSES.—
2301(h)(2) of the CARES Act, as amended by (i) which was carrying on a trade or business (A) IN GENERAL.—The term ‘‘qualified fixed
preceding provisions of this Act, is amended— during calendar year 2020, expenses’’ means the payment or accrual, in the
(A) by striking ‘‘shall not be taken into ac- (ii) which had either— ordinary course of the eligible employer’s trade
count for purposes of’’ and inserting ‘‘shall not (I) not more than 1,500 full-time equivalent or business, of any covered mortgage obligation,
be taken into account— employees (as determined for purposes of deter- covered rent obligation, or covered utility pay-
‘‘(A) for purposes of’’, mining whether an employer is an applicable ment. Such term shall not include the prepay-
(B) by striking the period at the end and in- large employer for purposes of section ment of any obligation for a period in excess of
serting ‘‘, and’’ , and 4980H(c)(2) of the Internal Revenue Code of a month unless the payment for such period is
(C) by adding at the end the following: 1986) for calendar year 2019, or customarily due in advance.
‘‘(B) if such wages are paid for domestic serv- (II) not more than $41,500,000 of gross receipts (B) APPLICATION OF DEFINITIONS.—The terms
ice described in subsection (c)(2)(E), as employ- in the last taxable year ending in 2019, and ‘‘covered mortgage obligation’’, ‘‘covered rent
ment-related expenses for purposes of section 21 (iii) with respect to any calendar quarter, for obligation’’, and ‘‘covered utility payment’’
of such Code. which— shall each have the same meaning as when used
In the case of any individual who pays wages (I) the operation of the trade or business de- in section 1106 of the CARES Act.
for domestic service described in subsection scribed in clause (i) is fully or partially sus- (4) SECRETARY.—The term ‘‘Secretary’’ means
(c)(2)(E) and receives a reimbursement for such pended during the calendar quarter due to or- the Secretary of the Treasury or the Secretary’s
wages which is excludible from gross income ders from an appropriate governmental author- delegate.
ity limiting commerce, travel, or group meetings (5) WAGES.—
under section 129 of such Code, such wages
(for commercial, social, religious, or other pur- (A) IN GENERAL.—The term ‘‘wages’’ means
shall not be treated as qualified wages for pur-
poses) due to the coronavirus disease 2019 wages (as defined in section 3121(a) of the Inter-
poses of this section.’’.
(COVID–19), or nal Revenue Code of 1986) and compensation (as
(i) EFFECTIVE DATE.—The amendments made
(II) such calendar quarter is within the period defined in section 3231(e) of such Code). For
by this section shall take effect as if included in
described in subparagraph (B). purposes of the preceding sentence (other than
section 2301 of the CARES Act.
(B) SIGNIFICANT DECLINE IN GROSS RECEIPTS.— for purposes of subsection (b)(2)), wages as de-
SEC. 20212. PAYROLL CREDIT FOR CERTAIN FIXED The period described in this subparagraph is the fined in section 3121(a) of such Code shall be de-
EXPENSES OF EMPLOYERS SUBJECT
TO CLOSURE BY REASON OF COVID–
period— termined without regard to paragraphs (1), (8),
19. (i) beginning with the first calendar quarter (10), (13), (18), (19), and (22) of section 3121(b) of
beginning after December 31, 2019, for which such Code.
(a) IN GENERAL.—In the case of an eligible
gross receipts (within the meaning of section (B) ALLOWANCE FOR CERTAIN HEALTH PLAN EX-
employer, there shall be allowed as a credit
448(c) of the Internal Revenue Code of 1986) for PENSES.—
against applicable employment taxes for each
the calendar quarter are less than 90 percent of (i) IN GENERAL.—Such term shall include
calendar quarter an amount equal to 50 percent
gross receipts for the same calendar quarter in amounts paid or incurred by the eligible em-
of the qualified fixed expenses paid or incurred
the prior year, and ployer to provide and maintain a group health
by such employer during such calendar quarter.
(ii) ending with the calendar quarter fol- plan (as defined in section 5000(b)(1) of the In-
(b) LIMITATIONS AND REFUNDABILITY.—
lowing the first calendar quarter beginning after ternal Revenue Code of 1986), but only to the ex-
(1) LIMITATION.—The qualified fixed expenses
a calendar quarter described in clause (i) for tent that such amounts are excluded from the
which may be taken into account under sub-
which gross receipts of such employer are great- gross income of employees by reason of section
section (a) by any eligible employer for any cal-
er than 90 percent of gross receipts for the same 106(a) of such Code.
endar quarter shall not exceed the least of— (ii) ALLOCATION RULES.—For purposes of this
calendar quarter in the prior year.
(A) the qualified fixed expenses paid by the el- section, amounts treated as wages under clause
(C) TAX-EXEMPT ORGANIZATIONS.—In the case
igible employer in the same calendar quarter of (i) shall be treated as paid with respect to any
of an organization which is described in section
calendar year 2019, employee (and with respect to any period) to the
501(c) of the Internal Revenue Code of 1986 and
(B) $50,000, or
exempt from tax under section 501(a) of such extent that such amounts are properly allocable
(C) the greater of—
Code— to such employee (and to such period) in such
(i) 25 percent of the wages paid with respect to
(i) any reference in this section to a trade or manner as the Secretary may prescribe. Except
the employment of all the employees of the eligi-
business shall be treated as a reference to all op- as otherwise provided by the Secretary, such al-
ble employer for such calendar quarter, or
erations of such organization, and location shall be treated as properly made if
(ii) 6.25 percent of the gross receipts of the eli- (ii) any reference in this section to gross re- made on the basis of being pro rata among peri-
gible employer for calendar year 2019. ceipts shall be treated as a reference to gross re- ods of coverage.
(2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
ceipts within the meaning of section 6033 of the (6) EMPLOYER.—The term ‘‘employer’’ means
TAXES.—The credit allowed by subsection (a)
Internal Revenue Code of 1986. any employer (as defined in section 3401(d) of
with respect to any calendar quarter shall not (D) PHASE-IN OF CREDIT WHERE BUSINESS NOT such Code) of at least one employee on any day
exceed the applicable employment taxes for such SUSPENDED AND REDUCTION IN GROSS RECEIPTS in calendar year 2020.
calendar quarter (reduced by any credits al- LESS THAN 50 PERCENT.— (7) OTHER TERMS.—Except as otherwise pro-
lowed under subsections (e) and (f) of section (i) IN GENERAL.—In the case of any calendar vided in this section, any term used in this sec-
3111 of such Code, sections 7001 and 7003 of the quarter with respect to which an eligible em- tion which is also used in chapter 21 or 22 of the
Families First Coronavirus Response Act, sec- ployer would not be an eligible employer if sub- Internal Revenue Code of 1986 shall have the
tion 2301 of the CARES Act, and section 20204 of paragraph (B)(i) were applied by substituting same meaning as when used in such chapter.
this division, for such quarter) on the wages ‘‘50 percent’’ for ‘‘90 percent’’, the amount of (d) AGGREGATION RULE.—All persons treated
paid with respect to the employment of all the the credit allowed under subsection (a) shall be as a single employer under subsection (a) or (b)
employees of the eligible employer for such cal- reduced by the amount which bears the same of section 52 of the Internal Revenue Code of
endar quarter. ratio to the amount of such credit (determined 1986, or subsection (m) or (o) of section 414 of
(3) REFUNDABILITY OF EXCESS CREDIT.— without regard to this subparagraph) as— such Code, shall be treated as one employer for
(A) IN GENERAL.—If the amount of the credit (I) the excess gross receipts percentage point purposes of this section.
under subsection (a) exceeds the limitation of amount, bears to (e) DENIAL OF DOUBLE BENEFIT.—For pur-
paragraph (2) for any calendar quarter, such (II) 40 percentage points. poses of chapter 1 of such Code, the gross in-
excess shall be treated as an overpayment that (ii) EXCESS GROSS RECEIPTS PERCENTAGE POINT come of any eligible employer, for the taxable
shall be refunded under sections 6402(a) and AMOUNT.—For purposes of this subparagraph, year which includes the last day of any cal-
6413(b) of the Internal Revenue Code of 1986. the term ‘‘excess gross receipts percentage point endar quarter with respect to which a credit is
(B) TREATMENT OF PAYMENTS.—For purposes amount’’ means, with respect to any calendar allowed under this section, shall be increased by
of section 1324 of title 31, United States Code, quarter, the excess of— the amount of such credit.
any amounts due to an employer under this (I) the lowest of the gross receipts percentage (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
paragraph shall be treated in the same manner point amounts determined with respect to any (1) IN GENERAL.—The credit under this section
as a refund due from a credit provision referred calendar quarter during the period ending with shall not be allowed to the Federal Government,
to in subsection (b)(2) of such section. such calendar quarter and beginning with the the government of any State, of the District of
(c) DEFINITIONS.—For purposes of this sec- first calendar quarter during the period de- Columbia, or of any possession of the United
tion— scribed in subparagraph (B), over States, any tribal government, or any political
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(1) APPLICABLE EMPLOYMENT TAXES.—The (II) 50 percentage points. subdivision, agency, or instrumentality of any
term ‘‘applicable employment taxes’’ means the (iii) GROSS RECEIPTS PERCENTAGE POINT of the foregoing.
following: AMOUNTS.—For purposes of this subparagraph, (2) EXCEPTION.—Paragraph (1) shall not
(A) The taxes imposed under section 3111(a) of the term ‘‘gross receipts percentage point apply to any organization described in section
the Internal Revenue Code of 1986. amount’’ means, with respect to any calendar 501(c)(1) of the Internal Revenue Code of 1986
(B) So much of the taxes imposed under sec- quarter, the percentage (expressed as a number and exempt from tax under section 501(a) of
tion 3221(a) of such Code as are attributable to of percentage points) obtained by dividing— such Code.
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H2070 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(g) ELECTION NOT TO HAVE SECTION APPLY.— paragraph (1)) shall be reduced (but not below this section shall be treated in the same manner
This section shall not apply with respect to any zero) by 50 percent of so much of the taxpayer’s as a refund due from a credit provision referred
eligible employer for any calendar quarter if modified adjusted gross income for the tax- to in subsection (b)(2) of such section.
such employer elects (at such time and in such payer’s first taxable year beginning in 2020 as (2) DOCUMENTATION.—No credit shall be al-
manner as the Secretary may prescribe) not to exceeds $60,000 ($120,000 in the case of a joint re- lowed under this section unless the taxpayer
have this section apply. turn). maintains such documentation as the Secretary
(h) TRANSFERS TO CERTAIN TRUST FUNDS.— (B) MODIFIED ADJUSTED GROSS INCOME.—For of the Treasury (or the Secretary’s delegate)
There are hereby appropriated to the Federal purposes of this section the term ‘‘modified ad- may prescribe to establish such individual as an
Old-Age and Survivors Insurance Trust Fund justed gross income’’ means adjusted gross in- eligible self-employed individual.
and the Federal Disability Insurance Trust come determined without regard to sections 911, (3) DENIAL OF DOUBLE BENEFIT.—Qualified
Fund established under section 201 of the Social 931, and 933 of such Code. self-employment income shall be reduced by—
Security Act (42 U.S.C. 401) and the Social Secu- (c) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— (A) the qualified sick leave equivalent amount
rity Equivalent Benefit Account established For purposes of this section, the term ‘‘eligible for which a credit is allowed under section
under section 15A(a) of the Railroad Retirement self-employed individual’’ means an indi- 7002(a) of the Families First Coronavirus Re-
Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal vidual— sponse Act and the qualified family leave equiv-
to the reduction in revenues to the Treasury by (1) who— alent amount for which a credit is allowed
reason of this section (without regard to this (A) regularly carries on one or more trades or under section 7004(a) of such Act,
subsection). Amounts appropriated by the pre- businesses within the meaning of section 1402 of (B) the qualified wages for which a credit is
ceding sentence shall be transferred from the such Code, or allowed under section 2301 of the CARES Act,
general fund at such times and in such manner (C) the amount of the credit allowed under
(B) is allocated income or loss described in
as to replicate to the extent possible the trans- section 6432 of the Internal Revenue Code of
section 702(a)(8) of such Code from any trade or
fers which would have occurred to such Trust 1986 (as added by this Act), and
business carried on by a partnership which is
(D) except to the extent taken into account in
Fund or Account had this section not been en- not excluded under section 1402 of such Code,
determining gross self-employment income,
acted. and
(i) TREATMENT OF DEPOSITS.—The Secretary amounts from a covered loan under section
(2) for whom gross self-employment income
shall waive any penalty under section 6656 of 7(a)(36) of the Small Business Act that are—
during the first taxable year beginning in 2020 is (i) forgiven pursuant to section 1106(b) of the
such Code for any failure to make a deposit of less than 90 percent of such individual’s gross CARES Act, and
applicable employment taxes if the Secretary de- self-employment income during the first taxable (ii) paid or distributed to the eligible self-em-
termines that such failure was due to the antici- year beginning in 2019. ployed individual as payroll costs described in
pation of the credit allowed under this section. (d) QUALIFIED SELF-EMPLOYMENT INCOME.— section 7(a)(36)(A)(viii)(I) of the Small Business
(j) THIRD PARTY PAYORS.—Any credit allowed For purposes of this section— Act.
under this section shall be treated as a credit (1) IN GENERAL.—The term ‘‘qualified self-em- (4) JOINT RETURNS.—
described in section 3511(d)(2) of such Code. ployment income’’ means the product of— (A) IN GENERAL.—In the case of a joint return,
(k) REGULATIONS AND GUIDANCE.—The Sec- (A) the specified gross self-employment income the taxpayer shall be treated for purposes of this
retary shall issue such forms, instructions, regu- reduction for the first taxable year beginning in section as an eligible self-employed individual if
lations, and guidance as are necessary— 2020, multiplied by either spouse is an eligible self-employed indi-
(1) to allow the advance payment of the credit (B) the ratio of— vidual.
under subsection (a), subject to the limitations (i) self-employment income (as determined (B) APPLICATION OF MODIFIED ADJUSTED
provided in this section, based on such informa- under section 1402(b) of such Code, but not GROSS INCOME LIMITATION ON QUALIFIED SELF-
tion as the Secretary shall require, below zero) for the first taxable year beginning EMPLOYMENT INCOME.—If the taxpayer filed a
(2) regulations or other guidance to provide in 2019, divided by joint return for only one of the taxable years de-
for the reconciliation of such advance payment (ii) gross self-employment income for the first scribed in subsection (d)(2), such limitation shall
with the amount of the credit at the time of fil- taxable year beginning in 2019. apply in such manner as the Secretary of the
ing the return of tax for the applicable quarter (2) LIMITATION BASED ON MODIFIED ADJUSTED Treasury (or the Secretary’s delegate) may pro-
or taxable year, GROSS INCOME.—In the case of any taxpayer,
(3) with respect to the application of the credit vide.
qualified self-employment income shall not ex- (5) ELECTION NOT TO HAVE SECTION APPLY.—
under subsection (a) to third party payors (in- ceed the excess (if any) of— This section shall not apply with respect to any
cluding professional employer organizations, (A) modified adjusted gross income for the taxpayer for any taxable year if such taxpayer
certified professional employer organizations, or first taxable year beginning in 2019, over elects (at such time and in such manner as the
agents under section 3504 of the Internal Rev- (B) modified adjusted gross income for the Secretary of the Treasury, or the Secretary’s
enue Code of 1986), including regulations or first taxable year beginning in 2020. delegate, may prescribe) not to have this section
guidance allowing such payors to submit docu- (3) SPECIFIED GROSS SELF-EMPLOYMENT IN- apply.
mentation necessary to substantiate the eligible COME REDUCTION.—For purposes of paragraph (g) APPLICATION OF CREDIT IN CERTAIN POS-
employer status of employers that use such (1), the term ‘‘specified gross self-employment SESSIONS.—
payors, income reduction’’ means, with respect to a tax- (1) PAYMENTS TO POSSESSIONS WITH MIRROR
(4) for application of subsection (b)(1)(A) and able year, the excess (if any) of— CODE TAX SYSTEMS.—The Secretary of the Treas-
subparagraphs (A)(ii)(II) and (B) of subsection (A) 90 percent of gross self-employment income ury (or the Secretary’s delegate) shall pay to
(c)(2) in the case of any employer which was not for the taxable year preceding such taxable each possession of the United States which has
carrying on a trade or business for all or part of year, over a mirror code tax system amounts equal to the
the same calendar quarter in the prior year, and (B) gross self-employment income for such tax- loss (if any) to that possession by reason of the
(5) for recapturing the benefit of credits deter-
able year. application of the provisions of this section.
mined under this section in cases where there is
(e) GROSS SELF-EMPLOYMENT INCOME.—For Such amounts shall be determined by the Sec-
a subsequent adjustment to the credit deter-
purposes of this section, the term ‘‘gross self-em- retary of the Treasury (or the Secretary’s dele-
mined under subsection (a).
ployment income’’ means, with respect to any gate) based on information provided by the gov-
(l) APPLICATION OF SECTION.—This section
taxable year, the sum of— ernment of the respective possession.
shall apply only to qualified fixed expenses paid
(1) the eligible self-employed individuals’ gross (2) PAYMENTS TO OTHER POSSESSIONS.—The
or accrued after March 12, 2020, and before Jan-
income derived from all trades or business car- Secretary of the Treasury (or the Secretary’s
uary 1, 2021.
ried on by such individual for purposes of deter- delegate) shall pay to each possession of the
SEC. 20213. BUSINESS INTERRUPTION CREDIT
FOR CERTAIN SELF-EMPLOYED INDI- mining net earnings from self-employment under United States which does not have a mirror code
VIDUALS. section 1402 of such Code for such taxable year, tax system amounts estimated by the Secretary
(a) CREDIT AGAINST TAX.—In the case of an and of the Treasury (or the Secretary’s delegate) as
eligible self-employed individual, there shall be (2) the eligible individual’s distributive share being equal to the aggregate benefits (if any)
allowed as a credit against the tax imposed by of gross income (as determined under section that would have been provided to residents of
chapter 1 of subtitle A of the Internal Revenue 702(c) of such Code) from any trade or business such possession by reason of the provisions of
Code of 1986 for the taxpayer’s first taxable year carried on by a partnership for purposes of de- this section if a mirror code tax system had been
beginning in 2020 an amount equal to 90 percent termining net earnings from self-employment in effect in such possession. The preceding sen-
of the eligible self-employed individual’s quali- under section 1402 of such Code (and which is tence shall not apply unless the respective pos-
fied self-employment income. not excluded under such section) for such tax- session has a plan, which has been approved by
(b) LIMITATIONS.— able year. the Secretary of the Treasury (or the Secretary’s
(1) OVERALL LIMITATION.—The amount of (f) SPECIAL RULES.— delegate), under which such possession will
qualified self-employment income taken into ac- (1) CREDIT REFUNDABLE.— promptly distribute such payments to its resi-
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count under subsection (a) with respect to any (A) IN GENERAL.—The credit determined under dents.
eligible self-employed individual shall not ex- this section shall be treated as a credit allowed (3) MIRROR CODE TAX SYSTEM.—For purposes
ceed $45,000. to the taxpayer under subpart C of part IV of of this section, the term ‘‘mirror code tax sys-
(2) LIMITATION BASED ON MODIFIED ADJUSTED subchapter A of chapter 1 of such Code. tem’’ means, with respect to any possession of
GROSS INCOME.— (B) TREATMENT OF PAYMENTS.—For purposes the United States, the income tax system of such
(A) IN GENERAL.—The amount of the credit al- of section 1324 of title 31, United States Code, possession if the income tax liability of the resi-
lowed by subsection (a) (after application of any refund due from the credit allowed under dents of such possession under such system is
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2071
determined by reference to the income tax laws sponse Act is amended by striking ‘‘$10,000’’ and (b) CLARIFICATION OF APPLICABLE RAILROAD
of the United States as if such possession were inserting ‘‘$12,000’’. RETIREMENT TAX FOR PAID LEAVE CREDITS.—
the United States. (b) INCREASE IN QUALIFIED FAMILY LEAVE Sections 7001(e) and 7003(e) of the Families First
(4) TREATMENT OF PAYMENTS.—For purposes EQUIVALENT AMOUNT FOR SELF-EMPLOYED INDI- Coronavirus Response Act, as amended by the
of section 1324 of title 31, United States Code, VIDUALS.—Section 7004(c)(1)(A) of the Families preceding provisions of this Act, are each
the payments under this section shall be treated First Coronavirus Response Act is amended by amended by adding at the end the following
in the same manner as a refund due from a striking ‘‘50’’ and inserting ‘‘60’’. new paragraph:
credit provision referred to in subsection (b)(2) (c) EFFECTIVE DATE.—The amendments made ‘‘(4) REFERENCES TO RAILROAD RETIREMENT
of such section. by this section shall take effect as if included in TAX.—Any reference in this section to the tax
(h) CERTAIN TERMS.—Any term used in this the provisions of the Families First Coronavirus imposed by section 3221(a) of the Internal Rev-
section which is also used in chapter 2 of the In- Response Act to which they relate. enue Code of 1986 shall be treated as a reference
ternal Revenue Code of 1986 shall have the same SEC. 20224. ELECTION TO USE PRIOR YEAR NET to so much of such tax as is attributable to the
meaning as when used in such chapter. EARNINGS FROM SELF-EMPLOYMENT rate in effect under section 3111(a) of such
(i) REGULATIONS AND GUIDANCE.—The Sec- IN DETERMINING AVERAGE DAILY Code.’’.
retary of the Treasury (or the Secretary’s dele- SELF-EMPLOYMENT INCOME. (c) CLARIFICATION OF TREATMENT OF PAID
gate) shall issue such forms, instructions, regu- (a) CREDIT FOR SICK LEAVE.—Section 7002(c) LEAVE FOR APPLICABLE RAILROAD RETIREMENT
lations, and guidance as are necessary or appro- of the Families First Coronavirus Response Act TAX.—Section 7005(a) of the Families First
priate— is amended by adding at the end the following Coronavirus Response Act is amended by adding
(1) to allow the advance payment of the credit new paragraph: the following sentence at the end of such sub-
under subsection (a) (including allowing use of ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- section: ‘‘Any reference in this subsection to the
the anticipated credit to offset estimated taxes) INGS FROM SELF-EMPLOYMENT INCOME.—In the tax imposed by section 3221(a) of such Code
based on the taxpayer’s good faith estimates of case of an individual who elects (at such time shall be treated as a reference to so much of the
gross self-employment income and qualified self- and in such manner as the Secretary, or the tax as is attributable to the rate in effect under
employment income for the first taxable year be- Secretary’s delegate, may provide) the applica- section 3111(a) of such Code.’’
ginning in 2020 and such other information as tion of this paragraph, paragraph (2)(A) shall (d) CLARIFICATION OF APPLICABLE RAILROAD
the Secretary of the Treasury (or the Secretary’s be applied by substituting ‘the prior taxable RETIREMENT TAX FOR HOSPITAL INSURANCE TAX
delegate) shall require, subject to the limitations year’ for ‘the taxable year’.’’. CREDIT.—Section 7005(b)(1) of the Families First
provided in this section, (b) CREDIT FOR FAMILY LEAVE.—Section Coronavirus Response Act is amended to read as
(2) to provide for the reconciliation of such 7004(c) of the Families First Coronavirus Re- follows:
advance payment with the amount of the credit sponse Act is amended by adding at the end the ‘‘(1) IN GENERAL.—The credit allowed by sec-
at the time of filing the return of tax for the tax- following new paragraph: tion 7001 and the credit allowed by section 7003
payer’s first taxable year beginning in 2020, ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN- shall each be increased by the amount of the tax
(3) to provide for the application of this sec- INGS FROM SELF-EMPLOYMENT INCOME.—In the imposed by section 3111(b) of the Internal Rev-
tion to partners in partnerships, and case of an individual who elects (at such time enue Code of 1986 and so much of the taxes im-
(4) to implement the purposes of this section. and in such manner as the Secretary, or the posed under section 3221(a) of such Code as are
Subtitle C—Credits for Paid Sick and Family Secretary’s delegate, may provide) the applica- attributable to the rate in effect under section
Leave tion of this paragraph, paragraph (2)(A) shall 3111(b) of such Code on qualified sick leave
SEC. 20221. EXTENSION OF CREDITS. be applied by substituting ‘the prior taxable wages, or qualified family leave wages, for
(a) IN GENERAL.—Sections 7001(g), 7002(e), year’ for ‘the taxable year’.’’. which credit is allowed under such section 7001
7003(g), and 7004(e) of the Families First (c) EFFECTIVE DATE.—The amendments made or 7003 (respectively).’’.
by this section shall take effect as if included in (e) EFFECTIVE DATE.—The amendments made
Coronavirus Response Act are each amended by
the provisions of the Families First Coronavirus by this section shall take effect as if included in
striking ‘‘2020’’ and inserting ‘‘2021’’.
(b) EFFECTIVE DATE.—The amendments made Response Act to which they relate. the provisions of the Families First Coronavirus
by this section shall take effect as if included in SEC. 20225. FEDERAL, STATE, AND LOCAL GOV- Response Act to which they relate.
ERNMENTS ALLOWED TAX CREDITS SEC. 20227. CREDITS NOT ALLOWED TO CERTAIN
the provisions of the Families First Coronavirus
FOR PAID SICK AND PAID FAMILY LARGE EMPLOYERS.
Response Act to which they relate.
AND MEDICAL LEAVE. (a) CREDIT FOR REQUIRED PAID SICK LEAVE.—
SEC. 20222. REPEAL OF REDUCED RATE OF CRED- (1) IN GENERAL.—Section 7001(a) of the Fami-
IT FOR CERTAIN LEAVE. (a) IN GENERAL.—Sections 7001(e) and 7003(e)
of the Families First Coronavirus Response Act lies First Coronavirus Response Act is amended
(a) PAYROLL CREDIT.—Section 7001(b) of the by striking ‘‘In the case of an employer’’ and in-
Families First Coronavirus Response Act is are each amended by striking paragraph (4).
(b) COORDINATION WITH APPLICATION OF CER- serting ‘‘In the case of an eligible employer’’.
amended by inserting ‘‘or any day on or after (2) ELIGIBLE EMPLOYER.—Section 7001(c) of
TAIN DEFINITIONS.—
the date of the enactment of the Worker Health the Families First Coronavirus Response Act, as
Coverage Protection Act’’ after ‘‘in the case of (1) IN GENERAL.—Sections 7001(c) and 7003(c)
of the Families First Coronavirus Response Act amended by the preceding provisions of this Act,
any day any portion of which is paid sick time is amended by striking ‘‘For purposes of this
described in paragraph (1), (2), or (3) of section are each amended—
(A) by inserting ‘‘, determined without regard section, the term’’ and all that precedes it and
5102(a) of the Emergency Paid Sick Leave Act’’. inserting the following:
(b) SELF-EMPLOYED CREDIT.— to paragraphs (1) through (22) of section 3121(b)
of such Code’’ after ‘‘as defined in section ‘‘(c) DEFINITIONS.—For purposes of this sec-
(1) IN GENERAL.—Clauses (i) and (ii) of section tion—
7002(c)(1)(B) of the Families First Coronavirus 3121(a) of the Internal Revenue Code of 1986’’,
‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible
Response Act are each amended by inserting in- and
(B) by inserting ‘‘, determined without regard employer’ means any employer other than an
serting ‘‘or any day on or after the date of the applicable large employer (as defined in section
enactment of the Worker Health Coverage Pro- to the sentence in paragraph (1) thereof which
begins ‘Such term does include remuneration’ ’’ 4980H(c)(2), determined by substituting ‘500’ for
tection Act’’ after ‘‘in the case of any day any ‘50’ each place it appears in subparagraphs (A)
portion of which is paid sick time described in after ‘‘as defined in section 3231(e) of the Inter-
nal Revenue Code’’. and (B) thereof and without regard to subpara-
paragraph (1), (2), or (3) of section 5102(a) of the graphs (D) and (F) thereof). For purposes of the
Emergency Paid Sick Leave Act’’. (2) CONFORMING AMENDMENTS.—Sections
7001(e)(3) and 7003(e)(3) of the Families First preceding sentence, the Government of the
(2) CONFORMING AMENDMENT.—Section United States, the government of any State or
7002(d)(3) of the Families First Coronavirus Re- Coronavirus Response Act are each amended by
striking ‘‘Any term’’ and inserting ‘‘Except as political subdivision thereof, or any agency or
sponse Act is amended by inserting inserting ‘‘or instrumentality of any of the foregoing shall not
any day on or after the date of the enactment otherwise provided in this section, any term’’.
(c) EFFECTIVE DATE.—The amendments made be treated as an applicable large employer.
of the Worker Health Coverage Protection Act’’ ‘‘(2) QUALIFIED SICK LEAVE WAGES.—The
after ‘‘in the case of any day any portion of by this section shall take effect as if included in
term’’.
which is paid sick time described in paragraph the provisions of the Families First Coronavirus (b) CREDIT FOR REQUIRED PAID FAMILY
(1), (2), or (3) of section 5102(a) of the Emer- Response Act to which they relate. LEAVE.—
gency Paid Sick Leave Act’’. SEC. 20226.CERTAIN TECHNICAL IMPROVE- (1) IN GENERAL.—Section 7003(a) of the Fami-
(c) EFFECTIVE DATE.—The amendments made MENTS. lies First Coronavirus Response Act is amended
by this section shall apply to days on or after (a) COORDINATION WITH EXCLUSION FROM EM- by striking ‘‘In the case of an employer’’ and in-
the date of the enactment of this Act. PLOYMENT TAXES.—Sections 7001(c) and 7003(c) serting ‘‘In the case of an eligible employer’’.
SEC. 20223. INCREASE IN LIMITATIONS ON CRED- of the Families First Coronavirus Response Act, (2) ELIGIBLE EMPLOYER.—Section 7003(c) of
ITS FOR PAID FAMILY LEAVE. as amended by the preceding provisions of this the Families First Coronavirus Response Act, as
(a) INCREASE IN OVERALL LIMITATION ON Act, are each amended— amended by the preceding provisions of this Act,
dlhill on DSK120RN23PROD with HOUSE
QUALIFIED FAMILY LEAVE WAGES.— (1) by inserting ‘‘and section 7005(a) of this is amended by striking ‘‘For purposes of this
(1) IN GENERAL.—Section 7003(b)(1)(B) of the Act,’’ after ‘‘determined without regard to para- section, the term’’ and all that precedes it and
Families First Coronavirus Response Act is graphs (1) through (22) of section 3121(b) of such inserting the following:
amended by striking ‘‘$10,000’’ and inserting Code’’, and ‘‘(c) DEFINITIONS.—For purposes of this sec-
‘‘$12,000’’. (2) by inserting ‘‘and without regard to sec- tion—
(2) CONFORMING AMENDMENT.—Section tion 7005(a) of this Act’’ after ‘‘which begins ‘‘(1) ELIGIBLE EMPLOYER.—The term ‘eligible
7004(d)(3) of the Families First Coronavirus Re- ‘Such term does not include remuneration’ ’’. employer’ means any employer other than an
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H2072 CONGRESSIONAL RECORD — HOUSE May 15, 2020
applicable large employer (as defined in section SEC. 20234. AUTHORITY TO WAIVE CERTAIN IN- (A) The heading for section 172(b)(1)(D) of
4980H(c)(2), determined by substituting ‘500’ for FORMATION REPORTING REQUIRE- such Code is amended by striking ‘‘2018, 2019,
MENTS. AND’’ and inserting ‘‘2019 AND’’.
‘50’ each place it appears in subparagraphs (A)
and (B) thereof and without regard to subpara- The Secretary of the Treasury (or the Sec- (B) Section 172(b)(1)(D) of such Code is
graphs (D) and (F) thereof). For purposes of the retary’s delegate) may provide an exception amended by striking clause (iii) and by redesig-
preceding sentence, the Government of the from any requirement to file an information re- nating clauses (iv) and (v) as clauses (iii) and
United States, the government of any State or turn otherwise required by chapter 61 of the In- (iv), respectively.
political subdivision thereof, or any agency or ternal Revenue Code of 1986 with respect to any (C) Section 172(b)(1)(D)(iii) of such Code, as
instrumentality of any of the foregoing, shall amount excluded from gross income by reason of so redesignated, is amended by striking ‘‘(i)(I)’’
not be treated as an applicable large employer. section 1106(i) of the CARES Act or section 20232 and inserting ‘‘(i)’’.
‘‘(2) QUALIFIED FAMILY LEAVE WAGES.—The or 20233 of this Act. (D) Section 172(b)(1)(D)(iv) of such Code, as
term’’. SEC. 20235. CLARIFICATION OF TREATMENT OF so redesignated, is amended—
(c) EFFECTIVE DATE.—The amendments made EXPENSES PAID OR INCURRED WITH (i) by striking ‘‘If the 5-year carryback period
by this section shall apply to wages paid after PROCEEDS FROM CERTAIN GRANTS under clause (i)(I)’’ in subclause (I) and insert-
AND LOANS. ing ‘‘If the carryback period under clause (i)’’,
the date of the enactment of this Act.
(a) IN GENERAL.—For purposes of the Internal and
Subtitle D—Other Relief
Revenue Code of 1986 and notwithstanding any (ii) by striking ‘‘2018 or’’ in subclause (II).
SEC. 20231. PAYROLL TAX DEFERRAL ALLOWED other provision of law, any deduction and the (b) DISALLOWED FOR CERTAIN TAXPAYERS.—
FOR RECIPIENTS OF CERTAIN LOAN
basis of any property shall be determined with- Section 172(b)(1)(D) of such Code, as amended
FORGIVENESS.
out regard to whether any amount is excluded by the preceding provisions of this Act, is
(a) IN GENERAL.—Section 2302(a) of the
from gross income under section 20233 of this amended by adding at the end the following
CARES Act is amended by striking paragraph
Act or section 1106(i) of the CARES Act. new clauses:
(3). (b) CLARIFICATION OF EXCLUSION OF LOAN
(b) EFFECTIVE DATE.—The amendment made ‘‘(v) CARRYBACK DISALLOWED FOR CERTAIN
FORGIVENESS.—Section 1106(i) of the CARES Act TAXPAYERS.—Clause (i) shall not apply with re-
by this section shall take effect as if included in
is amended to read as follows: spect to any loss arising in a taxable year in
section 2302 of the CARES Act. ‘‘(i) TAXABILITY.—For purposes of the Inter- which—
SEC. 20232. EMERGENCY FINANCIAL AID GRANTS.
nal Revenue Code of 1986, no amount shall be ‘‘(I) the taxpayer (or any related person) is
(a) IN GENERAL.—In the case of a student re- included in the gross income of the eligible re- not allowed a deduction under this chapter for
ceiving a qualified emergency financial aid cipient by reason of forgiveness of indebtedness the taxable year by reason of section 162(m) or
grant— described in subsection (b).’’. section 280G, or
(1) such grant shall not be included in the (c) EFFECTIVE DATE.—Subsection (a) and the ‘‘(II) the taxpayer (or any related person) is a
gross income of such individual for purposes of amendment made by subsection (b) shall apply specified corporation for the taxable year.
the Internal Revenue Code of 1986, and to taxable years ending after the date of the en- ‘‘(vi) SPECIFIED CORPORATION.—For purposes
(2) such grant shall not be treated as de- actment of the CARES Act. of clause (v)—
scribed in subparagraph (A), (B), or (C) of sec- ‘‘(I) IN GENERAL.—The term ‘specified corpora-
SEC. 20236. REINSTATEMENT OF CERTAIN PRO-
tion 25A(g)(2) of such Code. TECTIONS FOR TAXPAYER RETURN tion’ means, with respect to any taxable year, a
(b) DEFINITIONS.—For purposes of this sub- INFORMATION. corporation the aggregate distributions (includ-
section, the term ‘‘qualified emergency financial (a) IN GENERAL.—Section 6103(a)(3) of the In- ing redemptions) of which during all taxable
aid grant’’ means— ternal Revenue Code of 1986, as amended by sec- years ending after December 31, 2017, exceed the
(1) any emergency financial aid grant award-
tion 3516 of the CARES Act, is amended by sum of applicable stock issued of such corpora-
ed by an institution of higher education under
striking ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), tion and 5 percent of the fair market value of
section 3504 of the CARES Act,
(16)’’ and inserting ‘‘(13), (16)’’. the stock of such corporation as of the last day
(2) any emergency financial aid grant from an
(b) RECORDS REQUIREMENTS.—Section of the taxable year.
institution of higher education made with funds
6103(p)(3)(A) of such Code, as so amended, is ‘‘(II) APPLICABLE STOCK ISSUED.—The term
made available under section 18004 of the ‘applicable stock issued’ means, with respect to
amended by striking ‘‘(12), (13)(A), (13)(B),
CARES Act, and any corporation, the aggregate fair market
(3) any other emergency financial aid grant (13)(C), (13)(D)(i)’’ and inserting ‘‘(12),’’.
(c) APPLICATION OF SAFEGUARDS.—Section value of stock (as of the issue date of such
made to a student from a Federal agency, a
6103(p)(4) of such Code, as so amended, is stock) issued by the corporation during all tax-
State, an Indian tribe, an institution of higher
amended by striking ‘‘(13)(A), (13)(B), (13)(C), able years ending after December 31, 2017, in ex-
education, or a scholarship-granting organiza-
(13)(D)(i)’’ each place it appears and inserting change for money or property other than stock
tion (including a tribal organization, as defined
‘‘(13)’’. in such corporation.
in section 4 of the Indian Self-Determination ‘‘(III) CERTAIN PREFERRED STOCK DIS-
(d) EFFECTIVE DATE.—The amendments made
and Education Assistance Act (25 U.S.C.5304)) REGARDED.—For purposes of subclause (I), stock
by this section shall apply to disclosures made
for the purpose of providing financial relief to described in section 1504(a)(4), and distributions
after the date of the enactment of the FUTURE
students enrolled at institutions of higher edu- (including redemptions) with respect to such
Act (Public Law 116–91).
cation in response to a qualifying emergency (as stock, shall be disregarded.
defined in section 3502(a)(4) of the CARES Act). TITLE III—NET OPERATING LOSSES
‘‘(vii) RELATED PERSON.—For purposes of
(c) LIMITATION.—This section shall not apply SEC. 20301. LIMITATION ON EXCESS BUSINESS
clause (v), a person is a related person to a tax-
to that portion of any amount received which LOSSES OF NON-CORPORATE TAX-
PAYERS RESTORED AND MADE PER- payer if the related person bears a relationship
represents payment for teaching, research, or
MANENT. to the taxpayer specified in section 267(b) or sec-
other services required as a condition for receiv-
(a) IN GENERAL.—Section 461(l)(1) of the In- tion 707(b)(1).’’.
ing the qualified emergency financial aid grant. (c) EFFECTIVE DATE.—The amendments made
(d) EFFECTIVE DATE.—This section shall apply ternal Revenue Code of 1986 is amended to read
as follows: by this section shall take effect as if included in
to qualified emergency financial aid grants
‘‘(1) LIMITATION.—In the case of a taxpayer the enactment of section 2303(b) of the
made after March 26, 2020.
other than a corporation, any excess business Coronavirus Aid, Relief, and Economic Security
SEC. 20233. CERTAIN LOAN FORGIVENESS AND Act.
OTHER BUSINESS FINANCIAL AS- loss of the taxpayer shall not be allowed.’’.
SISTANCE UNDER CARES ACT NOT (b) FARMING LOSSES.—Section 461 of such DIVISION C—HEALTH PROVISIONS
INCLUDIBLE IN GROSS INCOME. Code is amended by striking subsection (j). TITLE I—MEDICAID PROVISIONS
(a) UNITED STATES TREASURY PROGRAM MAN- (c) EFFECTIVE DATE.—The amendments made SEC. 30101. COVID–19-RELATED TEMPORARY IN-
AGEMENT AUTHORITY.—For purposes of the In- by this section shall apply to taxable years be- CREASE OF MEDICAID FMAP.
ternal Revenue Code of 1986, no amount shall be ginning after December 31, 2017. (a) IN GENERAL.—Section 6008 of the Families
included in gross income by reason of loan for- SEC. 20302. CERTAIN TAXPAYERS ALLOWED First Coronavirus Response Act (42 U.S.C. 1396d
giveness described in section 1109(d)(2)(D) of the CARRYBACK OF NET OPERATING note) is amended—
CARES Act. LOSSES ARISING IN 2019 AND 2020. (1) in subsection (a)—
(b) EMERGENCY EIDL GRANTS.—For purposes (a) CARRYBACK OF LOSSES ARISING IN 2019 AND (A) by inserting ‘‘(or, if later, June 30, 2021)’’
of the Internal Revenue Code of 1986, any ad- 2020.— after ‘‘last day of such emergency period oc-
vance described in section 1110(e) of the CARES (1) IN GENERAL.—Section 172(b)(1)(D)(i) of the curs’’; and
Act shall not be included in the gross income of Internal Revenue Code of 1986 is amended to (B) by striking ‘‘6.2 percentage points.’’ and
the person that receives such advance. read as follows: inserting ‘‘the percentage points specified in
(c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.— ‘‘(i) IN GENERAL.—In the case of any net oper- subsection (e). In no case may the application of
For purposes of the Internal Revenue Code of ating loss arising in a taxable year beginning this section result in the Federal medical assist-
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1986, any payment described in section 1112(c) of after December 31, 2018, and before January 1, ance percentage determined for a State being
the CARES Act shall not be included in the 2021, and to which subparagraphs (B) and (C)(i) more than 95 percent.’’; and
gross income of the person on whose behalf such do not apply, such loss shall be a net operating (2) by adding at the end the following new
payment is made. loss carryback to each taxable year preceding subsections:
(d) EFFECTIVE DATE.—Subsections (a), (b), the taxable year of such loss, but not to any ‘‘(e) SPECIFIED PERCENTAGE POINTS.—For pur-
and (c) shall apply to taxable years ending after taxable year beginning before January 1, 2018.’’. poses of subsection (a), the percentage points
the date of the enactment of the CARES Act. (2) CONFORMING AMENDMENTS.— specified in this subsection are—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2073
‘‘(1) for each calendar quarter occurring dur- (b) CONTINUATION OF OTHER SECRETARIAL AU- (3) assurances that the State will conduct ade-
ing the period beginning on the first day of the THORITY.—Nothing in this section shall be con- quate oversight and ensure the validity of such
emergency period described in paragraph (1)(B) strued as prohibiting the Secretary during the data as may be required by the Secretary.
of section 1135(g) of the Social Security Act (42 period described in subsection (a) from taking (c) APPROVAL OF APPLICATION.—Not later
U.S.C. 1320b-5(g)) and ending on June 30, 2020, any action (through promulgation of regulation, than 90 days after the date of submission of an
6.2 percentage points; issuance of regulatory guidance, or other ad- application of a State under subsection (b), the
‘‘(2) for each calendar quarter occurring dur- ministrative action) to enforce a provision of Secretary shall certify if the application is com-
ing the period beginning on July 1, 2020, and law in effect as of the date of enactment of this plete. Upon certification that an application of
ending on June 30, 2021, 14 percentage points; section with respect to the Medicaid program es- a State is complete, the application shall be
and tablished under title XIX of the Social Security deemed to be approved for purposes of this sec-
‘‘(3) for each calendar quarter, if any, occur- Act (42 U.S.C. 1396 et seq.) or the State Chil- tion.
ring during the period beginning on July 1, 2021, dren’s Health Insurance Program established (d) ACTIVITIES TO IMPROVE THE DELIVERY OF
and ending on the last day of the calendar under title XXI of such Act (42 U.S.C. 1397aa et HCBS.—
quarter in which the last day of such emergency seq.), or to promulgate or implement a new rule (1) IN GENERAL.—A State shall work with com-
period occurs, 6.2 percentage points. or provision during such period with respect to munity partners, such as Area Agencies on
‘‘(f) CLARIFICATIONS.— such programs, other than a rule or provision Aging, Centers for Independent Living, non-
‘‘(1) In the case of a State that treats an indi- described in subsection (a) and subject to the profit home and community-based services pro-
vidual described in subsection (b)(3) as eligible prohibition set forth in that subsection. viders, and other entities providing home and
for the benefits described in such subsection, for SEC. 30103. ADDITIONAL SUPPORT FOR MEDICAID community-based services, to implement—
the period described in subsection (a), expendi- HOME AND COMMUNITY-BASED (A) the purposes described in paragraph (2)
tures for medical assistance and administrative SERVICES DURING THE COVID–19 during the COVID–19 public health emergency
costs attributable to such individual that would EMERGENCY PERIOD. period; and
not otherwise be included as expenditures under (a) INCREASED FMAP.— (B) the purposes described in paragraph (3)
section 1903 of the Social Security Act shall be (1) IN GENERAL.—Notwithstanding section after the end of such emergency period.
regarded as expenditures under the State plan 1905(b) of the Social Security Act (42 U.S.C. (2) FOCUSED AREAS OF HCBS IMPROVEMENT.—
approved under title XIX of the Social Security 1396d(b)), in the case of an HCBS program The purposes described in this paragraph, with
Act or for administration of such State plan. State, the Federal medical assistance percentage respect to a State, are the following:
‘‘(2) The limitations on payment under sub- determined for the State under section 1905(b) of (A) To increase rates for home health agencies
sections (f) and (g) of section 1108 of the Social such Act and, if applicable, increased under and agencies that employ direct support profes-
Security Act (42 U.S.C. 1308) shall not apply to subsection (y), (z), or (aa) of section 1905 of sionals (including independent providers in a
Federal payments made under section 1903(a)(1) such Act (42 U.S.C. 1396d), section 1915(k) of self-directed or consumer-directed model) to pro-
of the Social Security Act (42 U.S.C. 1396b(a)(1)) such Act (42 U.S.C. 1396n(k)), or section 6008(a) vide home and community-based services under
attributable to the increase in the Federal med- of the Families First Coronavirus Response Act the State Medicaid program, provided that any
ical assistance percentage under this section. (Public Law 116–127), shall be increased by 10 agency or individual that receives payment
‘‘(3) Expenditures attributable to the in- percentage points with respect to expenditures under such an increased rate increases the com-
creased Federal medical assistance percentage of the State under the State Medicaid program pensation it pays its home health workers or di-
under this section shall not be counted for pur- for home and community-based services that are rect support professionals.
poses of the limitations under section 2104(b)(4) provided during the HCBS program improve- (B) To provide paid sick leave, paid family
of such Act (42 U.S.C. 1397dd(b)(4)). ment period. In no case may the application of leave, and paid medical leave for home health
‘‘(4) Notwithstanding the first sentence of sec- the previous sentence result in the Federal med- workers and direct support professionals.
tion 2105(b) of the Social Security Act (42 U.S.C. ical assistance percentage determined for a State (C) To provide hazard pay, overtime pay, and
1397ee(b)), the application of the increase under being more than 95 percent. shift differential pay for home health workers
this section may result in the enhanced FMAP (2) DEFINITIONS.—In this section: and direct support professionals.
of a State for a fiscal year under such section (A) HCBS PROGRAM IMPROVEMENT PERIOD.— (D) To provide home and community-based
exceeding 85 percent, but in no case may the ap- The term ‘‘HCBS program improvement period’’ services to eligible individuals who are on wait-
plication of such increase before application of means, with respect to a State, the period— ing lists for programs approved under sections
the second sentence of such section result in the (i) beginning on July 1, 2020; and 1115 or 1915 of the Social Security Act (42 U.S.C.
enhanced FMAP of the State exceeding 95 per- (ii) ending on June 30, 2021. 1315, 1396n).
cent. (B) HCBS PROGRAM STATE.—The term ‘‘HCBS (E) To purchase emergency supplies and
‘‘(g) SCOPE OF APPLICATION.—An increase in program State’’ means a State that meets the equipment, which may include items not typi-
the Federal medical assistance percentage for a condition described in subsection (b) by submit- cally covered under the Medicaid program, such
State under this section shall not be taken into ting an application described in such sub- as personal protective equipment, necessary to
account for purposes of payments under part D section, which is approved by the Secretary pur- enhance access to services and to protect the
of title IV of the Social Security Act (42 U.S.C. suant to subsection (c). health and well-being of home health workers
651 et seq.).’’. (C) HOME AND COMMUNITY-BASED SERVICES.— and direct support professionals.
(b) EFFECTIVE DATE.—The amendments made The term ‘‘home and community-based services’’ (F) To pay for the travel of home health work-
by subsection (a) shall take effect and apply as means home health care services authorized ers and direct support professionals to conduct
if included in the enactment of section 6008 of under paragraph (7) of section 1905(a) of the So- home and community-based services.
the Families First Coronavirus Response Act cial Security Act (42 U.S.C. 1396d(a)), personal (G) To recruit new home health workers and
(Public Law 116–127). care services authorized under paragraph (24) of direct support professionals.
SEC. 30102. LIMITATION ON ADDITIONAL SECRE- such section, PACE services authorized under (H) To support family care providers of eligi-
TARIAL ACTION WITH RESPECT TO paragraph (26) of such section, services author- ble individuals with needed supplies and equip-
MEDICAID SUPPLEMENTAL PAY- ized under subsections (b), (c), (i), (j), and (k) of ment, which may include items not typically
MENTS REPORTING REQUIREMENTS. section 1915 of such Act (42 U.S.C. 1396n), such covered under the Medicaid program, such as
(a) IN GENERAL.—Notwithstanding any other services authorized under a waiver under sec- personal protective equipment, and pay.
provision of law, during the period that begins tion 1115 of such Act (42 U.S.C. 1315), and such (I) To pay for training for home health work-
on the date of enactment of this section and other services specified by the Secretary. ers and direct support professionals that is spe-
ends on the last day of the emergency period de- (b) CONDITION.—The condition described in cific to the COVID–19 public health emergency.
scribed in paragraph (1)(B) of section 1135(g) of this subsection, with respect to a State, is that (J) To pay for assistive technologies, staffing,
the Social Security Act (42 U.S.C. 1320b–5(g)), the State submits an application to the Sec- and other costs incurred during the COVID–19
the Secretary of Health and Human Services retary, at such time and in such manner as public health emergency period in order to fa-
shall not take any action (through promulga- specified by the Secretary, that includes, in ad- cilitate community integration and ensure an
tion of regulation, issue of regulatory guidance, dition to such other information as the Sec- individual’s person-centered service plan con-
or otherwise) to— retary shall require— tinues to be fully implemented.
(1) finalize or otherwise implement provisions (1) a description of which activities described (K) To prepare information and public health
contained in the proposed rule published on No- in subsection (d) that a state plans to implement and educational materials in accessible formats
vember 18, 2019, on pages 63722 through 63785 of and a description of how it plans to implement (including formats accessible to people with low
volume 84, Federal Register (relating to parts such activities; literacy or intellectual disabilities) about pre-
430, 433, 447, 455, and 457 of title 42, Code of (2) assurances that the Federal funds attrib- vention, treatment, recovery and other aspects
Federal Regulations); or utable to the increase under subsection (a) will of COVID–19 for eligible individuals, their fami-
(2) promulgate or implement any rule or provi- be used— lies, and the general community served by agen-
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sion similar to the provisions described in para- (A) to implement the activities described in cies described in subparagraph (A).
graph (1) pertaining to the Medicaid program subsection (d); and (L) To pay for American sign language inter-
established under title XIX of the Social Secu- (B) to supplement, and not supplant, the level preters to assist in providing home and commu-
rity Act (42 U.S.C. 1396 et seq.) or the State of State funds expended for home and commu- nity-based services to eligible individuals and to
Children’s Health Insurance Program estab- nity-based services for eligible individuals inform the general public about COVID–19.
lished under title XXI of such Act (42 U.S.C. through programs in effect as of the date of the (M) To allow day services providers to provide
1397aa et seq.). enactment of this section; and home and community-based services.
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H2074 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(N) To pay for other expenses deemed appro- (D) OVERSIGHT.—Each State with respect to ‘‘(I) during such portion of the emergency pe-
priate by the Secretary to enhance, expand, or which an application is approved by the Sec- riod described in paragraph (1)(B) of section
strengthen Home and Community-Based Serv- retary pursuant to subsection (c) shall ensure 1135(g), any item or service furnished for the
ices, including retainer payments, and expenses adequate oversight of the expenditure of Federal treatment of COVID–19, including drugs ap-
which meet the criteria of the home and commu- funds pursuant to such increase in accordance proved or authorized under such section 505 or
nity-based settings rule published on January with the Medicaid regulations, including section such section 564 or, in the case of an individual
16, 2014. 1115 and 1915 waiver regulations and special who is diagnosed with or presumed to have
(3) PERMISSIBLE USES AFTER THE EMERGENCY terms and conditions for any relevant waiver or COVID–19, during the portion of such emer-
PERIOD.—The purpose described in this para- grant program. gency period during which such individual is
graph, with respect to a State, is to assist eligi- (3) NON-APPLICATION OF THE PAPERWORK RE- infected (or presumed infected) with COVID–19,
ble individuals who had to relocate to a nursing DUCTION ACT.—Chapter 35 of title 44, United the treatment of a condition that may com-
facility or institutional setting from their homes States Code (commonly referred to as the ‘‘Pa- plicate the treatment of COVID–19; and’’.
during the COVID–19 public health emergency perwork Reduction Act of 1995’’), shall not (B) APPLICATION TO ALTERNATIVE COST SHAR-
period in— apply to the provisions of this subsection. ING.—Section 1916A(b)(3)(B) of the Social Secu-
(A) moving back to their homes (including by (f) ADDITIONAL DEFINITIONS.—In this section: rity Act (42 U.S.C. 1396o–1(b)(3)(B)) is amend-
paying for moving costs, first month’s rent, and (1) COVID–19 PUBLIC HEALTH EMERGENCY PE- ed—
other one-time expenses and start-up costs); RIOD.—The term ‘‘COVID–19 public health (i) in clause (xi), by striking ‘‘any visit’’ and
(B) resuming home and community-based emergency period’’ means the portion of the inserting ‘‘any service’’; and
services; emergency period described in paragraph (1)(B) (ii) by adding at the end the following
(C) receiving mental health services and nec- of section 1135(g) of the Social Security Act (42 clauses:
essary rehabilitative service to regain skills lost U.S.C. 1320b–5(g)) beginning on or after the date ‘‘(xii) During the portion of the emergency pe-
while relocated during the public health emer- of the enactment of this Act. riod described in paragraph (1)(B) of section
gency period; and (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible 1135(g) beginning on the date of the enactment
(D) while funds attributable to the increased individual’’ means an individual who is eligible of this clause, a COVID–19 vaccine licensed
FMAP under this section remain available, con- for or enrolled for medical assistance under a under section 351 of the Public Health Service
tinuing home and community-based services for State Medicaid program. Act, or approved or authorized under section 505
eligible individuals who were served from a (3) MEDICAID PROGRAM.—The term ‘‘Medicaid or 564 of the Federal Food, Drug, and Cosmetic
waiting list for such services during the public program’’ means, with respect to a State, the Act, and the administration of such vaccine.
health emergency period. State program under title XIX of the Social Se- ‘‘(xiii) During such portion of the emergency
(e) REPORTING REQUIREMENTS.— curity Act (42 U.S.C. 1396 et seq.) (including any period described in paragraph (1)(B) of section
(1) STATE REPORTING REQUIREMENTS.—Not waiver or demonstration under such title or 1135(g), an item or service furnished for the
later than December 31, 2022, any State with re- under section 1115 of such Act (42 U.S.C. 1315) treatment of COVID–19, including drugs ap-
spect to which an application is approved by the relating to such title). proved or authorized under such section 505 or
Secretary pursuant to subsection (c) shall sub- (4) SECRETARY.—The term ‘‘Secretary’’ means such section 564 or, in the case of an individual
mit a report to the Secretary that contains the the Secretary of Health and Human Services. who is diagnosed with or presumed to have
following information: (5) STATE.—The term ‘‘State’’ has the meaning COVID–19, during such portion of such emer-
(A) Activities and programs that were funded given such term for purposes of title XIX of the gency period during which such individual is
using Federal funds attributable to such in- Social Security Act (42 U.S.C. 1396 et seq.). infected (or presumed infected) with COVID–19,
crease. SEC. 30104. COVERAGE AT NO COST SHARING OF the treatment of a condition that may com-
(B) The number of eligible individuals who COVID–19 VACCINE AND TREATMENT. plicate the treatment of COVID–19.’’.
were served by such activities and programs. (a) MEDICAID.— (C) CLARIFICATION.—The amendments made
(C) The number of eligible individuals who (1) IN GENERAL.—Section 1905(a)(4) of the So- by this subsection shall apply with respect to a
were able to resume home and community-based cial Security Act (42 U.S.C. 1396d(a)(4)) is State plan of a territory in the same manner as
services as a result of such activities and pro- amended— a State plan of one of the 50 States.
grams. (A) by striking ‘‘and (D)’’ and inserting (b) STATE PEDIATRIC VACCINE DISTRIBUTION
(2) HHS EVALUATION.— ‘‘(D)’’; and PROGRAM.—Section 1928 of the Social Security
(A) IN GENERAL.—The Secretary shall evaluate (B) by striking the semicolon at the end and Act (42 U.S.C. 1396s) is amended—
the implementation and outcomes of this section inserting ‘‘; (E) during the portion of the emer- (1) in subsection (a)(1)—
in the aggregate using an external evaluator gency period described in paragraph (1)(B) of (A) in subparagraph (A), by striking ‘‘; and’’
with experience evaluating home and commu- section 1135(g) beginning on the date of the en- and inserting a semicolon;
(B) in subparagraph (B), by striking the pe-
nity-based services, disability programs, and actment of The Heroes Act, a COVID–19 vaccine
riod and inserting ‘‘; and’’; and
older adult programs. licensed under section 351 of the Public Health (C) by adding at the end the following sub-
(B) EVALUATION CRITERIA.—For purposes of Service Act, or approved or authorized under paragraph:
subparagraph (A), the external evaluator sections 505 or 564 of the Federal Food, Drug, ‘‘(C) during the portion of the emergency pe-
shall— and Cosmetic Act, and administration of the riod described in paragraph (1)(B) of section
(i) document and evaluate changes in access, vaccine; (F) during such portion of the emer- 1135(g) beginning on the date of the enactment
availability, and quality of home and commu- gency period described in paragraph (1)(B) of of this subparagraph, each vaccine-eligible child
nity-based services in each HCBS program section 1135(g), items or services for the preven- (as defined in subsection (b)) is entitled to re-
State; tion or treatment of COVID–19, including drugs ceive a COVID–19 vaccine from a program-reg-
(ii) document and evaluate aggregate changes approved or authorized under such section 505 istered provider (as defined in subsection (h)(7))
in access, availability, and quality of home and or such section 564 or, without regard to the re- without charge for—
community-based services across all such States; quirements of section 1902(a)(10)(B) (relating to ‘‘(i) the cost of such vaccine; or
and comparability), in the case of an individual who ‘‘(ii) the administration of such vaccine.’’;
(iii) evaluate the implementation and out- is diagnosed with or presumed to have COVID– (2) in subsection (c)(2)—
comes of this section based on— 19, during such portion of such emergency pe- (A) in subparagraph (C)(ii), by inserting ‘‘,
(I) the impact of this section on increasing riod during which such individual is infected (or but, during the portion of the emergency period
funding for home and community-based serv- presumed infected) with COVID–19, the treat- described in paragraph (1)(B) of section 1135(g)
ices; ment of a condition that may complicate the beginning on the date of the enactment of The
(II) the impact of this section on achieving treatment of COVID–19;’’. Heroes Act, may not impose a fee for the admin-
targeted access, availability, and quality of (2) PROHIBITION OF COST SHARING.— istration of a COVID–19 vaccine’’ before the pe-
home and community-based services; and (A) IN GENERAL.—Subsections (a)(2) and (b)(2) riod; and
(III) promising practices identified by activi- of section 1916 of the Social Security Act (42 (B) by adding at the end the following sub-
ties conducted pursuant to subsection (d) that U.S.C. 1396o) are each amended— paragraph:
increase access to, availability of, and quality of (i) in subparagraph (F), by striking ‘‘or’’ at ‘‘(D) The provider will provide and administer
home and community-based services. the end; an approved COVID–19 vaccine to a vaccine-eli-
(C) DISSEMINATION OF EVALUATION FIND- (ii) in subparagraph (G), by striking ‘‘; and’’ gible child in accordance with the same require-
INGS.—The Secretary shall— and inserting ‘‘, or’’; and ments as apply under the preceding subpara-
(i) disseminate the findings from the evalua- (iii) by adding at the end the following sub- graphs to the provision and administration of a
tions conducted under this paragraph to— paragraphs: qualified pediatric vaccine to such a child.’’;
(I) all State Medicaid directors; and ‘‘(H) during the portion of the emergency pe- and
(II) the Committee on Energy and Commerce riod described in paragraph (1)(B) of section (3) in subsection (d)(1), in the first sentence,
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of the House of Representatives, the Committee 1135(g) beginning on the date of the enactment by inserting ‘‘, including, during the portion of
on Finance of the Senate, and the Special Com- of this subparagraph, a COVID–19 vaccine li- the emergency period described in paragraph
mittee on Aging of the Senate; and censed under section 351 of the Public Health (1)(B) of section 1135(g) beginning on the date of
(ii) make all evaluation findings publicly Service Act, or approved or authorized under the enactment of The Heroes Act, with respect
available in an accessible electronic format and section 505 or 564 of the Federal Food, Drug, to a COVID–19 vaccine licensed under section
any other accessible format determined appro- and Cosmetic Act, and the administration of 351 of the Public Health Service Act, or ap-
priate by the Secretary. such vaccine, or proved or authorized under section 505 or 564 of
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2075
the Federal Food, Drug, and Cosmetic Act’’ be- ment of COVID–19, including drugs approved or SEC. 30107. MEDICAID COVERAGE FOR CITIZENS
fore the period. authorized under section 505 or 564 of the Fed- OF FREELY ASSOCIATED STATES.
(c) CHIP.— eral Food, Drug, and Cosmetic Act, or, in the (a) IN GENERAL.—Section 402(b)(2) of the Per-
(1) IN GENERAL.—Section 2103(c) of the Social case of an individual who is diagnosed with or sonal Responsibility and Work Opportunity
Security Act (42 U.S.C. 1397cc(c)) is amended by presumed to have COVID–19, during the period Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is
adding at the end the following paragraph: such individual is infected (or presumed in- amended by adding at the end the following
‘‘(11) COVERAGE OF COVID–19 VACCINES AND fected) with COVID–19, the treatment of a con- new subparagraph:
TREATMENT.—Regardless of the type of coverage dition that may complicate the treatment of ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS OF
elected by a State under subsection (a), child COVID–19, and any services described in section FREELY ASSOCIATED STATES.—With respect to eli-
health assistance provided under such coverage 1916(a)(2)(G)’’. gibility for benefits for the designated Federal
for targeted low-income children and, in the (b) DEFINITION OF UNINSURED INDIVIDUAL.— program defined in paragraph (3)(C) (relating to
case that the State elects to provide pregnancy- (1) IN GENERAL.—Subsection (ss) of section the Medicaid program), section 401(a) and para-
related assistance under such coverage pursuant 1902 of the Social Security Act (42 U.S.C. 1396a) graph (1) shall not apply to any individual who
to section 2112, such pregnancy-related assist- is amended to read as follows: lawfully resides in 1 of the 50 States or the Dis-
ance for targeted low-income pregnant women ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For
trict of Columbia in accordance with the Com-
(as defined in section 2112(d)) shall include cov- purposes of this section, the term ‘uninsured in-
pacts of Free Association between the Govern-
erage, during the portion of the emergency pe- dividual’ means, notwithstanding any other
ment of the United States and the Governments
riod described in paragraph (1)(B) of section provision of this title, any individual who is not
of the Federated States of Micronesia, the Re-
1135(g) beginning on the date of the enactment covered by minimum essential coverage (as de-
public of the Marshall Islands, and the Republic
of this paragraph, of— fined in section 5000A(f)(1) of the Internal Rev-
of Palau and shall not apply, at the option of
‘‘(A) a COVID–19 vaccine licensed under sec- enue Code of 1986).’’.
(2) EFFECTIVE DATE.—The amendment made the Governor of Puerto Rico, the Virgin Islands,
tion 351 of the Public Health Service Act, or ap- Guam, the Northern Mariana Islands, or Amer-
proved or authorized under section 505 or 564 of by paragraph (1) shall take effect and apply as
if included in the enactment of the Families ican Samoa as communicated to the Secretary of
the Federal Food, Drug, and Cosmetic Act, and Health and Human Services in writing, to any
First Coronavirus Response Act (Public Law
the administration of such vaccine; and individual who lawfully resides in the respective
‘‘(B) any item or service furnished for the 116–127).
(c) CLARIFICATION REGARDING EMERGENCY territory in accordance with such Compacts.’’.
treatment of COVID–19, including drugs ap- (b) EXCEPTION TO 5–YEAR LIMITED ELIGI-
SERVICES FOR CERTAIN INDIVIDUALS.—Section
proved or authorized under such section 505 or BILITY.—Section 403(d) of such Act (8 U.S.C.
1903(v)(2) of the Social Security Act (42 U.S.C.
such section 564, or, in the case of an individual 1613(d)) is amended—
1396b(v)(2)) is amended by adding at the end the
who is diagnosed with or presumed to have (1) in paragraph (1), by striking ‘‘or’’ at the
following flush sentence:
COVID–19, during the portion of such emer- ‘‘For purposes of subparagraph (A), care and end;
gency period during which such individual is services described in such subparagraph include (2) in paragraph (2), by striking the period at
infected (or presumed infected) with COVID–19, any in vitro diagnostic product described in sec- the end and inserting ‘‘; or’’; and
the treatment of a condition that may com- tion 1905(a)(3)(B) (and the administration of
plicate the treatment of COVID–19.’’. (3) by adding at the end the following new
such product), any COVID–19 vaccine (and the paragraph:
(2) PROHIBITION OF COST SHARING.—Section
administration of such vaccine), any item or ‘‘(3) an individual described in section
2103(e)(2) of the Social Security Act (42 U.S.C.
service that is furnished for the treatment of 402(b)(2)(G), but only with respect to the des-
1397cc(e)(2)), as amended by section 6004(b)(3) of
COVID–19, including drugs approved or author- ignated Federal program defined in section
the Families First Coronavirus Response Act, is
ized under section 505 or 564 of the Federal 402(b)(3)(C).’’.
amended—
Food, Drug, and Cosmetic Act, or a condition (c) DEFINITION OF QUALIFIED ALIEN.—Section
(A) in the paragraph header, by inserting ‘‘A
that may complicate the treatment of COVID– 431(b) of such Act (8 U.S.C. 1641(b)) is amend-
COVID–19 VACCINE, COVID–19 TREATMENT,’’ before
19, and any services described in section ed—
‘‘OR PREGNANCY-RELATED ASSISTANCE’’; and
1916(a)(2)(G).’’. (1) in paragraph (6), by striking ‘‘; or’’ at the
(B) by striking ‘‘visits described in section
(d) INCLUSION OF COVID–19 CONCERN AS AN
1916(a)(2)(G), or’’ and inserting ‘‘services de- end and inserting a comma;
EMERGENCY CONDITION.—Section 1903(v)(3) of
scribed in section 1916(a)(2)(G), vaccines de- (2) in paragraph (7), by striking the period at
the Social Security Act (42 U.S.C. 1396b(v)(3)) is
scribed in section 1916(a)(2)(H) administered the end and inserting ‘‘, or’’; and
amended by adding at the end the following
during the portion of the emergency period de- (3) by adding at the end the following new
flush sentence:
scribed in paragraph (1)(B) of section 1135(g) be- ‘‘Such term includes any indication that an paragraph:
ginning on the date of the enactment of The He- alien described in paragraph (1) may have con- ‘‘(8) an individual who lawfully resides in the
roes Act, items or services described in section tracted COVID–19.’’. United States in accordance with a Compact of
1916(a)(2)(I) furnished during such emergency SEC. 30106. EXTENSION OF FULL FEDERAL MED- Free Association referred to in section
period, or’’. ICAL ASSISTANCE PERCENTAGE TO 402(b)(2)(G), but only with respect to the des-
(d) CONFORMING AMENDMENTS.—Section 1937 INDIAN HEALTH CARE PROVIDERS. ignated Federal program defined in section
of the Social Security Act (42 U.S.C. 1396u–7) is Section 1905 of the Social Security Act (42 402(b)(3)(C) (relating to the Medicaid pro-
amended— U.S.C. 1396d) is amended— gram).’’.
(1) in subsection (a)(1)(B), by inserting ‘‘, (1) in subsection (a), by amending paragraph (d) APPLICATION TO STATE PLANS.—Section
under subclause (XXIII) of section (9) to read as follows: 1902(a)(10)(A)(i) of the Social Security Act (42
1902(a)(10)(A)(ii),’’ after ‘‘section ‘‘(9) clinic services furnished by or under the U.S.C. 1396a(a)(10)(A)(i)) is amended by insert-
1902(a)(10)(A)(i)’’; and direction of a physician, without regard to ing after subclause (IX) the following:
(2) in subsection (b)(5), by adding before the whether the clinic itself is administered by a ‘‘(X) who are described in section 402(b)(2)(G)
period the following: ‘‘, and, effective on the physician, including— of the Personal Responsibility and Work Oppor-
date of the enactment of The Heroes Act, must ‘‘(A) such services furnished outside the clinic
tunity Reconciliation Act of 1996 and eligible for
comply with subparagraphs (F) through (I) of by clinic personnel to an eligible individual who
benefits under this title by reason of application
subsections (a)(2) and (b)(2) of section 1916 and does not reside in a permanent dwelling or does
of such section;’’.
subsection (b)(3)(B) of section 1916A’’. not have a fixed home or mailing address; and
‘‘(B) for the period beginning on July 1, 2020, (e) CONFORMING AMENDMENTS.—Section 1108
(e) EFFECTIVE DATE.—The amendments made
and ending on June 30, 2021, such services pro- of the Social Security Act (42 U.S.C. 1308) is
by this section shall take effect on the date of
vided outside the clinic on the basis of a referral amended—
enactment of this Act and shall apply with re-
spect to a COVID–19 vaccine beginning on the from a clinic administered by an Indian Health (1) in subsection (f), in the matter preceding
date that such vaccine is licensed under section Program (as defined in paragraph (12) of section paragraph (1), by striking ‘‘subsections (g) and
351 of the Public Health Service Act (42 U.S.C. 4 of the Indian Health Care Improvement Act, (h) and section 1935(e)(1)(B)’’ and inserting
262), or approved or authorized under section or an Urban Indian Organization as defined in ‘‘subsections (g), (h), and (i) and section
505 or 564 of the Federal Food, Drug, and Cos- paragraph (29) of section 4 of such Act that has 1935(e)(1)(B)’’; and
metic Act. a grant or contract with the Indian Health (2) by adding at the end the following:
SEC. 30105. OPTIONAL COVERAGE AT NO COST Service under title V of such Act;’’. ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EX-
SHARING OF COVID–19 TREATMENT (2) in subsection (b), by inserting after ‘‘(as PENDITURES FOR CITIZENS OF FREELY ASSOCI-
AND VACCINES UNDER MEDICAID defined in section 4 of the Indian Health Care ATED STATES.—Expenditures for medical assist-
FOR UNINSURED INDIVIDUALS. Improvement Act)’’ the following: ‘‘; for the pe- ance provided to an individual described in sec-
(a) IN GENERAL.—Section 1902(a)(10) of the riod beginning on July 1, 2020, and ending on tion 431(b)(8) of the Personal Responsibility and
Social Security Act (42 U.S.C. 1396a(a)(10) is June 30, 2021, the Federal medical assistance Work Opportunity Reconciliation Act of 1996 (8
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amended, in the matter following subparagraph percentage shall also be 100 per centum with re- U.S.C. 1641(b)(8)) shall not be taken into ac-
(G), by striking ‘‘and any visit described in sec- spect to amounts expended as medical assistance count for purposes of applying payment limits
tion 1916(a)(2)(G)’’ and inserting the following: for services which are received through an under subsections (f) and (g).’’.
‘‘, any COVID–19 vaccine that is administered Urban Indian organization (as defined in sec- (f) EFFECTIVE DATE.—The amendments made
during any such portion (and the administra- tion 4 of the Indian Health Care Improvement by this section shall apply to benefits for items
tion of such vaccine), any item or service that is Act) that has a grant or contract with the In- and services furnished on or after the date of
furnished during any such portion for the treat- dian Health Service under title V of such Act’’. the enactment of this Act.
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H2076 CONGRESSIONAL RECORD — HOUSE May 15, 2020
SEC. 30108. TEMPORARY INCREASE IN MEDICAID State, become effective retroactive to the start of ject to section 1903(i), including a specification
DSH ALLOTMENTS. the calendar quarter in which the first day of that the single State agency described in para-
(a) IN GENERAL.—Section 1923(f)(3) of the So- the emergency period described in paragraph graph (5) will ensure necessary transportation
cial Security Act (42 U.S.C. 1396r–4(f)(3)) is (1)(B) of section 1135(g) of the Social Security for beneficiaries under the State plan to and
amended— Act (42 U.S.C. 1320b–5(g)) occurs. from providers and a description of the methods
(1) in subparagraph (A), by striking ‘‘and sub- (d) BUDGET NEUTRALITY.—Budget neutrality that such agency will use to ensure such trans-
paragraph (E)’’ and inserting ‘‘and subpara- for extensions under this section shall be deemed portation’’.
graphs (E) and (F)’’; and to have been met at the conclusion of the exten- (2) APPLICATION WITH RESPECT TO BENCHMARK
(2) by adding at the end the following new sion period, and States receiving extensions BENEFIT PACKAGES AND BENCHMARK EQUIVALENT
subparagraph: under this section shall not be required to sub- COVERAGE.—Section 1937(a)(1) of the Social Se-
‘‘(F) TEMPORARY INCREASE IN ALLOTMENTS mit a budget neutrality analysis for the exten- curity Act (42 U.S.C. 1396u–7(a)(1)) is amend-
DURING CERTAIN PUBLIC HEALTH EMERGENCY.— sion period. ed—
The DSH allotment for any State for each of fis- (e) EXPEDITED APPLICATION PROCESS.—The (A) in subparagraph (A), by striking ‘‘sub-
cal years 2020 and 2021 is equal to 102.5 percent Federal and State public notice and comment section (E)’’ and inserting ‘‘subparagraphs (E)
of the DSH allotment that would be determined procedures or other time constraints otherwise and (F)’’; and
under this paragraph for the State for each re- applicable to demonstration project amendments (B) by adding at the end the following new
spective fiscal year without application of this shall be waived to expedite a State’s extension subparagraph:
subparagraph, notwithstanding subparagraphs request pursuant to this section. The Secretary ‘‘(F) NECESSARY TRANSPORTATION.—The State
(B) and (C). For each fiscal year after fiscal of Health and Human Services shall approve the may only exercise the option under subpara-
year 2021, the DSH allotment for a State for extension application within 45 days of a State’s graph (A)(i) if, subject to section 1903(i)(9) and
such fiscal year is equal to the DSH allotment submission of its request, or such other time- in accordance with section 1902(a)(4), the
that would have been determined under this frame as is mutually agreed to with the State. benchmark benefit package or benchmark equiv-
paragraph for such fiscal year if this subpara- (f) CONTINUATION OF SECRETARIAL AUTHORITY alent coverage described in such subparagraph
graph had not been enacted. UNDER DECLARED EMERGENCY.—This section (or the State)—
’’. does not restrict the Secretary of Health and ‘‘(i) ensures necessary transportation for indi-
(b) DSH ALLOTMENT ADJUSTMENT FOR TEN- Human Services from exercising existing flexi- viduals enrolled under such package or coverage
NESSEE.—Section 1923(f)(6)(A)(vi) of the Social bilities through demonstration projects operated to and from providers; and
Security Act (42 U.S.C. 1396r–4(f)(6)(A)(vi)) is pursuant to section 1115 of the Social Security ‘‘(ii) provides a description of the methods
amended— Act (42 U.S.C. 1315) in conjunction with the that will be used to ensure such transportation.
(1) by striking ‘‘Notwithstanding any other COVID–19 public health emergency. ’’.
provision of this subsection’’ and inserting the (g) RULE OF CONSTRUCTION.—Nothing in this (3) LIMITATION ON FEDERAL FINANCIAL PAR-
following: section shall authorize the Secretary of Health TICIPATION.—Section 1903(i) of the Social Secu-
‘‘(I) IN GENERAL.—Notwithstanding any other and Human Service to approve or extend a rity Act (42 U.S.C. 1396b(i)) is amended by in-
provision of this subsection (except as provided waiver that fails to meet the requirements of sec- serting after paragraph (8) the following new
in subclause (II) of this clause)’’; and tion 1115 of the Social Security Act (42 U.S.C. paragraph:
(2) by adding at the end the following: 1315). ‘‘(9) with respect to any amount expended for
‘‘(II) TEMPORARY INCREASE IN ALLOTMENTS.— SEC. 30110. ALLOWING FOR MEDICAL ASSISTANCE non-emergency transportation described in sec-
The DSH allotment for Tennessee for each of UNDER MEDICAID FOR INMATES tion 1902(a)(4), unless the State plan provides
fiscal years 2020 and 2021 shall be equal to DURING 30-DAY PERIOD PRECEDING for the methods and procedures required under
$54,427,500.’’. RELEASE.
section 1902(a)(30)(A); or’’.
(c) SENSE OF CONGRESS.—It is the sense of (a) IN GENERAL.—The subdivision (A) fol- (4) EFFECTIVE DATE.—The amendments made
Congress that a State should prioritize making lowing paragraph (30) of section 1905(a) of the by this subsection shall take effect on the date
payments under the State plan of the State Social Security Act (42 U.S.C. 1396d(a)) is of the enactment of this Act and shall apply to
under title XIX of the Social Security Act (42 amended by inserting ‘‘and except during the transportation furnished on or after such date.
U.S.C. 1396 et seq.) (or a waiver of such plan) to 30-day period preceding the date of release of (b) MEDICAID PROGRAM INTEGRITY MEASURES
disproportionate share hospitals that have a such individual from such public institution’’ RELATED TO COVERAGE OF NONEMERGENCY MED-
higher share of COVID–19 patients relative to after ‘‘medical institution’’. ICAL TRANSPORTATION.—
other such hospitals in the State. (b) REPORT.—Not later than June 30, 2022, the (1) GAO STUDY.—Not later than two years
SEC. 30109. EXTENSION OF EXISTING SECTION Medicaid and CHIP Payment and Access Com- after the date of the enactment of this Act, the
1115 DEMONSTRATIONS. mission shall submit a report to Congress on the Comptroller General of the United States shall
(a) APPLICABILITY.—This section shall apply Medicaid inmate exclusion under the subdivi- conduct a study, and submit to Congress, a re-
with respect to demonstrations operated by sion (A) following paragraph (30) of section port on coverage under the Medicaid program
States pursuant to section 1115(a) of the Social 1905(a) of the Social Security Act (42 U.S.C. under title XIX of the Social Security Act of
Security Act (42 U.S.C. 1315(a)) to promote the 1396d(a)). Such report may, to the extent prac- nonemergency transportation to medically nec-
objectives of title XIX or XXI of the Social Secu- ticable, include the following information: essary services. Such study shall take into ac-
rity Act with a project term set to end on or be- (1) The number of incarcerated individuals
count the 2009 report of the Office of the Inspec-
fore February 28, 2021. who would otherwise be eligible to enroll for
tor General of the Department of Health and
(b) APPROVAL OF EXTENSION.—Upon request medical assistance under a State plan approved
Human Services, titled ‘‘Fraud and Abuse Safe-
by a State, the Secretary of Health and Human under title XIX of the Social Security Act (42
guards for Medicaid Nonemergency Medical
Services shall approve an extension of the dem- U.S.C. 1396 et seq.) (or a waiver of such a plan).
Transportation’’ (OEI–06–07–003200). Such re-
onstration project described in subsection (a) for (2) Access to health care for incarcerated indi-
port shall include the following:
a period up to and including December 31, 2021, viduals, including a description of medical serv-
(A) An examination of the 50 States and the
to ensure continuity of programs and funding ices generally available to incarcerated individ-
District of Columbia to identify safeguards to
during the emergency period described in section uals.
(3) A description of current practices related prevent and detect fraud and abuse with respect
1135(g)(1)(B) of the Social Security Act (42 to coverage under the Medicaid program of non-
to the discharge of incarcerated individuals, in-
U.S.C. 1320b–5(g)(1)(B)). emergency transportation to medically necessary
cluding how prisons interact with State Med-
(c) EXTENSION TERMS AND CONDITIONS.—(1) services.
icaid agencies to ensure that such individuals
The approval pursuant to this section shall ex- (B) An examination of transportation brokers
who are eligible to enroll for medical assistance
tend the terms and conditions that applied to to identify the range of safeguards against such
under a State plan or waiver described in para-
the demonstration project to the extension pe- fraud and abuse to prevent improper payments
graph (1) are so enrolled.
riod. Financial terms and conditions shall con- for such transportation.
(4) If determined appropriate by the Commis-
tinue at levels equivalent to the prior dem- (C) Identification of the numbers, types, and
sion, recommendations for Congress, the Depart-
onstration or program year. All demonstration outcomes of instances of fraud and abuse, with
ment of Health and Human Services, or States
program components shall be extended to oper- respect to coverage under the Medicaid program
regarding the Medicaid inmate exclusion.
ate through the end of the extension term. In its (5) Any other information that the Commis- of such transportation, that State Medicaid
request for an extension, the State shall identify sion determines would be useful to Congress. Fraud Control Units have investigated in recent
operational and programmatic changes nec- SEC. 30111. MEDICAID COVERAGE OF CERTAIN years.
essary to continue and stabilize programs into MEDICAL TRANSPORTATION. (D) Identification of commonalities or trends
the extension period and shall work with the (a) CONTINUING REQUIREMENT OF MEDICAID in program integrity, with respect to such cov-
Secretary of Health and Human Services to im- COVERAGE OF NECESSARY TRANSPORTATION.— erage, to inform risk management strategies of
plement such changes. (1) REQUIREMENT.—Section 1902(a)(4) of the States and the Centers for Medicare & Medicaid
dlhill on DSK120RN23PROD with HOUSE
(2) Notwithstanding the foregoing, the State Social Security Act (42 U.S.C. 1396a(a)(4)) is Services.
may request, and the Secretary of Health and amended— (2) STAKEHOLDER WORKING GROUP.—
Human Services may approve, modifications to a (A) by striking ‘‘and including provision for (A) IN GENERAL.—Not later than one year
demonstration project’s terms and conditions to utilization’’ and inserting ‘‘including provision after the date of the enactment of this Act, the
address the impact of the federally designated for utilization’’; and Secretary of Health and Human Services,
public health emergency with respect to COVID– (B) by inserting after ‘‘supervision of adminis- through the Centers of Medicare & Medicaid
19. Such modifications may, at the option of the tration of the plan’’ the following: ‘‘, and, sub- Services, shall convene a series of meetings to
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2077
obtain input from appropriate stakeholders to assistance under title XIX of the Social Security the Social Security Act, or the Secretary of De-
facilitate discussion and shared learning about Act which the Secretary of Health and Human fense under the TRICARE program, such plan,
the leading practices for improving Medicaid Services determines requires State legislation issuer, private entity, other health plan, State
program integrity, with respect to coverage of (other than legislation appropriating funds) in plan, or Secretary of Defense, as applicable,
nonemergency transportation to medically nec- order for the plan to meet the additional re- shall pay to the Secretary, not later than 1 year
essary services. quirement imposed by the amendments made by after such plan, issuer, private entity, other
(B) TOPICS.—The meetings convened under subparagraph (A), the State plan shall not be health plan, State plan, or Secretary of Defense
subparagraph (A) shall— regarded as failing to comply with the require- receives a notice under paragraph (3), such
(i) focus on ongoing challenges to Medicaid ments of such title solely on the basis of its fail- amount in accordance with this subsection.
program integrity as well as leading practices to ure to meet this additional requirement before (2) REQUIRED INFORMATION.—Not later than 9
address such challenges; and the first day of the first calendar quarter begin- months after the date of the enactment of this
(ii) address specific challenges raised by stake- ning after the close of the first regular session of Act, each group health plan, health insurance
holders involved in coverage under the Medicaid the State legislature that begins after the date of issuer, private entity, other health plan, State
program of nonemergency transportation to the enactment of this Act. For purposes of the plan, and Secretary of Defense described in
medically necessary services, including unique previous sentence, in the case of a State that paragraph (1) shall submit to the Secretary such
considerations for specific groups of Medicaid has a 2-year legislative session, each year of information as the Secretary determines nec-
beneficiaries meriting particular attention, such such session shall be deemed to be a separate essary for purposes of carrying out this sub-
as American Indians and tribal land issues or regular session of the State legislature. section. Such information so submitted shall be
accommodations for individuals with disabil- (5) ANALYSIS OF T–MSIS DATA.—Not later than updated by such plan, issuer, private entity,
ities. one year after the date of the enactment of this other health plan, State plan, or Secretary of
(C) STAKEHOLDERS.—Stakeholders described Act, the Secretary of Health and Human Serv- Defense, as applicable, at such time and in such
in subparagraph (A) shall include individuals ices, through the Centers for Medicare & Med- manner as specified by the Secretary.
from State Medicaid programs, brokers for non- icaid Services, shall analyze, and submit to Con- (3) REVIEW OF CLAIMS AND NOTIFICATION.—
emergency transportation to medically necessary gress a report on, the nation-wide data set The Secretary shall establish a process under
services that meet the criteria described in sec- under the Transformed Medicaid Statistical In- which claims for items and services for which
tion 1902(a)(70)(B) of the Social Security Act (42 formation System to identify recommendations the Secretary has paid an amount pursuant to
U.S.C. 1396a(a)(70)(B)), providers (including relating to coverage under the Medicaid pro- subsection (a)(1) are reviewed for purposes of
transportation network companies), Medicaid gram under title XIX of the Social Security Act identifying if such amount would otherwise
patient advocates, and such other individuals of nonemergency transportation to medically have been paid by a plan, issuer, private entity,
specified by the Secretary. necessary services. other health plan, State plan, or Secretary of
(3) GUIDANCE REVIEW.—Not later than 18 Defense described in paragraph (1). In the case
TITLE II—MEDICARE PROVISIONS
months after the date of the enactment of this such a claim is so identified, the Secretary shall
Act, the Secretary of Health and Human Serv- SEC. 30201. HOLDING MEDICARE BENEFICIARIES
HARMLESS FOR SPECIFIED COVID–19 determine the amount that would have been
ices, through the Centers for Medicare & Med- otherwise payable by such plan, issuer, private
TREATMENT SERVICES FURNISHED
icaid Services, shall assess guidance issued to UNDER PART A OR PART B OF THE entity, other health plan, State plan, or Sec-
States by the Centers for Medicare & Medicaid MEDICARE PROGRAM. retary of Defense and notify such plan, issuer,
Services relating to Federal requirements for (a) IN GENERAL.—Notwithstanding any other private entity, other health plan, State plan, or
nonemergency transportation to medically nec- provision of law, in the case of a specified Secretary of Defense of such amount.
essary services under the Medicaid program COVID–19 treatment service (as defined in sub- (4) ENFORCEMENT.—The Secretary may impose
under title XIX of the Social Security Act and section (b)) furnished during any portion of the a civil monetary penalty in an amount deter-
update such guidance as necessary to ensure emergency period described in paragraph (1)(B) mined appropriate by the Secretary in the case
States have appropriate and current guidance of section 1135(g) of the Social Security Act (42 of a plan, issuer, private entity, other health
in designing and administering coverage under U.S.C. 1320b-5(g)) beginning on or after the date plan, or State plan that fails to comply with a
the Medicaid program of nonemergency trans- of the enactment of this Act to an individual en- provision of this section. The provisions of sec-
portation to medically necessary services. titled to benefits under part A or enrolled under tion 1128A of the Social Security Act shall apply
(4) NEMT TRANSPORTATION PROVIDER AND part B of title XVIII of the Social Security Act to a civil monetary penalty imposed under the
DRIVER REQUIREMENTS.— (42 U.S.C. 1395 et seq.) for which payment is previous sentence in the same manner as such
(A) STATE PLAN REQUIREMENT.—Section made under such part A or such part B, the Sec- provisions apply to a penalty or proceeding
1902(a) of the Social Security Act (42 U.S.C. retary of Health and Human Services (in this under subsection (a) or (b) of such section.
1396a(a)) is amended— section referred to as the ‘‘Secretary’’) shall pro-
(i) by striking ‘‘and’’ at the end of paragraph (d) FUNDING.—The Secretary shall provide for
vide that— the transfer to the Centers for Medicare & Med-
(85); (1) any cost-sharing required (including any
(ii) by striking the period at the end of para- icaid Program Management Account from the
deductible, copayment, or coinsurance) applica- Federal Hospital Insurance Trust Fund and the
graph (86) and inserting ‘‘; and’’; and
(iii) by inserting after paragraph (86) the fol- ble to such individual under such part A or such Federal Supplementary Trust Fund (in such
lowing new paragraph: part B with respect to such item or service is portions as the Secretary determines appro-
‘‘(87) provide for a mechanism, which may in- paid by the Secretary; and priate) $100,000,000 for purposes of carrying out
clude attestation, that ensures that, with re- (2) the provider of services or supplier (as de- this section.
spect to any provider (including a transpor- fined in section 1861 of the Social Security Act (e) REPORT.—Not later than 3 years after the
tation network company) or individual driver of (42 U.S.C. 1395x)) does not hold such individual date of the enactment of this Act, the Inspector
nonemergency transportation to medically nec- liable for such requirement. General of the Department of Health and
(b) DEFINITION OF SPECIFIED COVID–19 Human Services shall submit to Congress a re-
essary services receiving payments under such
TREATMENT SERVICES.—For purposes of this sec- port containing an analysis of amounts paid
plan (but excluding any public transit author-
tion, the term ‘‘specified COVID–19 treatment pursuant to subsection (a)(1) compared to
ity), at a minimum—
‘‘(A) each such provider and individual driver service’’ means any item or service furnished to amounts paid to the Secretary pursuant to sub-
is not excluded from participation in any Fed- an individual for which payment may be made section (c).
eral health care program (as defined in section under part A or part B of title XVIII of the So- (f) IMPLEMENTATION.—Notwithstanding any
1128B(f)) and is not listed on the exclusion list cial Security Act (42 U.S.C. 1395 et seq.) if such other provision of law, the Secretary may imple-
of the Inspector General of the Department of item or service is included in a claim with an ment the provisions of this section by program
Health and Human Services; ICD–10–CM code relating to COVID–19 (as de- instruction or otherwise.
‘‘(B) each such individual driver has a valid scribed in the document entitled ‘‘ICD–10–CM SEC. 30202. ENSURING COMMUNICATIONS ACCES-
driver’s license; Official Coding Guidelines - Supplement Coding SIBILITY FOR RESIDENTS OF
‘‘(C) each such provider has in place a process encounters related to COVID–19 Coronavirus SKILLED NURSING FACILITIES DUR-
to address any violation of a State drug law; Outbreak’’ published on February 20, 2020, or as ING THE COVID–19 EMERGENCY PE-
and otherwise specified by the Secretary). RIOD.
‘‘(D) each such provider has in place a process (c) RECOVERY OF COST-SHARING AMOUNTS (a) IN GENERAL.—Section 1819(c)(3) of the So-
to disclose to the State Medicaid program the PAID BY THE SECRETARY IN THE CASE OF SUP- cial Security Act (42 U.S.C. 1395i–3(c)(3)) is
driving history, including any traffic violations, PLEMENTAL INSURANCE COVERAGE.— amended—
of each such individual driver employed by such (1) IN GENERAL.—In the case of any amount (1) in subparagraph (D), by striking ‘‘and’’ at
provider, including any traffic violations.’’. paid by the Secretary pursuant to subsection the end;
(B) EFFECTIVE DATE.— (a)(1) that the Secretary determines would oth- (2) in subparagraph (E), by striking the period
(i) IN GENERAL.—Except as provided in clause erwise have been paid by a group health plan or and inserting ‘‘; and’’; and
dlhill on DSK120RN23PROD with HOUSE
(ii), the amendments made by subparagraph (A) health insurance issuer (as such terms are de- (3) by adding at the end the following new
shall take effect on the date of the enactment of fined in section 2791 of the Public Health Service subparagraph:
this Act and shall apply to services furnished on Act (42 U.S.C. 300gg–91)), a private entity offer- ‘‘(F) provide for reasonable access to the use
or after the date that is one year after the date ing a medicare supplemental policy under sec- of a telephone, including TTY and TDD services
of the enactment of this Act. tion 1882 of the Social Security Act (42 U.S.C. (as defined for purposes of section 483.10 of title
(ii) EXCEPTION IF STATE LEGISLATION RE- 1395ss), any other health plan offering supple- 42, Code of Federal Regulations (or a successor
QUIRED.—In the case of a State plan for medical mental coverage, a State plan under title XIX of regulation)), and the internet (to the extent
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H2078 CONGRESSIONAL RECORD — HOUSE May 15, 2020
available to the facility) and inform each such is amended by adding at the end the following (III) in subparagraph (D)(i), by striking
resident (or a representative of such resident) of new clause: ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4)
such access and any changes in policies or pro- ‘‘(vii) SPECIAL COVERAGE RULES FOR SPECIFIED and (8)’’;
cedures of such facility relating to limitations COVID–19 TREATMENT SERVICES.—Notwith- (iii) in paragraph (4)(A)(i), by striking ‘‘The
on external visitors.’’. standing clause (i), in the case of a specified coverage’’ and inserting ‘‘Subject to paragraph
(b) COVID–19 PROVISIONS.— COVID–19 treatment service (as defined in sec- (8), the coverage’’; and
(1) GUIDANCE.—Not later than 15 days after tion 30201(b) of The Heroes Act) that is fur- (iv) by adding at the end the following new
the date of the enactment of this Act, the Sec- nished during a plan year occurring during any paragraph:
retary of Health and Human Service shall issue portion of the emergency period defined in sec- ‘‘(8) ELIMINATION OF COST-SHARING FOR DRUGS
guidance on steps skilled nursing facilities may tion 1135(g)(1)(B) beginning on or after the date INTENDED TO TREAT COVID–19.—The coverage
take to ensure residents have access to televisi- of the enactment of this clause, a Medicare Ad- does not impose any deductible, copayment, co-
tation during the emergency period defined in vantage plan may not, with respect to such insurance, or other cost-sharing requirement for
section 1135(g)(1)(B) of the Social Security Act service, impose— drugs described in section 1860D–4(b)(3)(I)(i)(I)
(42 U.S.C. 1320b–5(g)(1)(B)). Such guidance ‘‘(I) any cost-sharing requirement (including with respect to a plan year, any portion of
shall include information on how such facilities a deductible, copayment, or coinsurance re- which occurs during the period during which
will notify residents of such facilities, represent- quirement); and there exists the public health emergency de-
atives of such residents, and relatives of such ‘‘(II) in the case such service is a critical spec- clared by the Secretary pursuant to section 319
residents of the rights of such residents to such ified COVID–19 treatment service (including of the Public Health Service Act on January 31,
televisitation, and ensure timely and equitable ventilator services and intensive care unit serv- 2020, entitled ‘Determination that a Public
access to such televisitation. ices), any prior authorization or other utiliza- Health Emergency Exists Nationwide as the Re-
(2) REVIEW OF FACILITIES.—The Secretary of tion management requirement. sult of the 2019 Novel Coronavirus’ (including
Health and Human Services shall take such A Medicare Advantage plan may not take the any renewal of such declaration pursuant to
steps as determined appropriate by the Secretary application of this clause into account for pur- such section).’’; and
to ensure that residents of skilled nursing facili- poses of a bid amount submitted by such plan (B) in subsection (c), by adding at the end the
ties and relatives of such residents are made under section 1854(a)(6).’’. following new paragraph:
aware of the access rights described in section (b) IMPLEMENTATION.—Notwithstanding any ‘‘(4) SAME ELIMINATION OF COST-SHARING FOR
1819(c)(3)(F) of the Social Security Act (42 other provision of law, the Secretary of Health DRUGS INTENDED TO TREAT COVID–19.—The cov-
U.S.C. 1395i–3(c)(3)(F)). and Human Services may implement the amend- erage is in accordance with subsection (b)(8).’’.
SEC. 30203. MEDICARE HOSPITAL INPATIENT PRO- ments made by this section by program instruc- (2) ELIMINATION OF COST-SHARING FOR DRUGS
SPECTIVE PAYMENT SYSTEM tion or otherwise. INTENDED TO TREAT COVID–19 DISPENSED TO INDI-
OUTLIER PAYMENTS FOR COVID–19 SEC. 30205. REQUIRING COVERAGE UNDER MEDI- VIDUALS WHO ARE SUBSIDY ELIGIBLE INDIVID-
PATIENTS DURING CERTAIN EMER- CARE PDPS AND MA–PD PLANS,
GENCY PERIOD. UALS.—Section 1860D–14(a) of the Social Secu-
WITHOUT THE IMPOSITION OF COST
(a) IN GENERAL.—Section 1886(d)(5)(A) of the rity Act (42 U.S.C. 1395w–114(a)) is amended—
SHARING OR UTILIZATION MANAGE-
Social Security Act (42 U.S.C. 1395ww(d)(5)(A)) MENT REQUIREMENTS, OF DRUGS
(A) in paragraph (1)—
is amended— INTENDED TO TREAT COVID–19 DUR- (i) in subparagraph (D)—
(1) in clause (ii), by striking ‘‘For cases’’ and ING CERTAIN EMERGENCIES. (I) in clause (ii), by striking ‘‘In the case of’’
inserting ‘‘Subject to clause (vii), for cases’’; (a) COVERAGE REQUIREMENT.— and inserting ‘‘Subject to subparagraph (F), in
(2) in clause (iii), by striking ‘‘The amount’’ (1) IN GENERAL.—Section 1860D–4(b)(3) of the the case of’’; and
and inserting ‘‘Subject to clause (vii), the Social Security Act (42 U.S.C. 1395w–104(b)(3)) is (II) in clause (iii), by striking ‘‘In the case of’’
amount’’; amended by adding at the end the following and inserting ‘‘Subject to subparagraph (F), in
(3) in clause (iv), by striking ‘‘The total new subparagraph: the case of’’; and
amount’’ and inserting ‘‘Subject to clause (vii), ‘‘(I) REQUIRED INCLUSION OF DRUGS INTENDED (ii) by adding at the end the following new
the total amount’’; and TO TREAT COVID–19.— subparagraph:
(4) by adding at the end the following new ‘‘(i) IN GENERAL.—Notwithstanding any other ‘‘(F) ELIMINATION OF COST-SHARING FOR
clause: provision of law, a PDP sponsor offering a pre- DRUGS INTENDED TO TREAT COVID–19.—Coverage
‘‘(vii) For discharges that have a primary or scription drug plan shall, with respect to a plan that is in accordance with section 1860D–
secondary diagnosis of COVID–19 and that year, any portion of which occurs during the 2(b)(8).’’; and
occur during the period beginning on the date of period described in clause (ii), be required to— (B) in paragraph (2)—
the enactment of this clause and ending on the ‘‘(I) include in any formulary— (i) in subparagraph (B), by striking ‘‘A reduc-
sooner of January 31, 2021, or the last day of the ‘‘(aa) all covered part D drugs with a medi- tion’’ and inserting ‘‘Subject to subparagraph
emergency period described in section cally accepted indication (as defined in section (F), a reduction’’;
1135(g)(1)(B), the amount of any additional pay- 1860D–2(e)(4)) to treat COVID–19 that are mar- (ii) in subparagraph (D), by striking ‘‘The
ment under clause (ii) for a subsection (d) hos- keted in the United States; and substitution’’ and inserting ‘‘Subject to subpara-
pital for such a discharge shall be determined as ‘‘(bb) all drugs authorized under section 564 graph (F), the substitution’’;
if— or 564A of the Federal Food, Drug, and Cos- (iii) in subparagraph (E), by inserting after
‘‘(I) clause (ii) was amended by striking ‘plus metic Act to treat COVID–19; and ‘‘Subject to’’ the following: ‘‘subparagraph (F)
a fixed dollar amount determined by the Sec- ‘‘(II) not impose any prior authorization or and’’; and
retary’; other utilization management requirement with (iv) by adding at the end the following new
‘‘(II) the reference in clause (iii) to ‘approxi- respect to such drugs described in item (aa) or subparagraph:
mate the marginal cost of care beyond the cutoff (bb) of subclause (I) (other than such a require- ‘‘(F) ELIMINATION OF COST-SHARING FOR
point applicable under clause (i) or (ii)’ were a ment that limits the quantity of drugs due to DRUGS INTENDED TO TREAT COVID–19.—Coverage
reference to ‘approximate the marginal cost of safety). that is in accordance with section 1860D–
care beyond the cutoff point applicable under ‘‘(ii) PERIOD DESCRIBED.—For purposes of 2(b)(8).’’.
clause (i), or, in the case of an additional pay- clause (i), the period described in this clause is (c) IMPLEMENTATION.—Notwithstanding any
ment requested under clause (ii), be equal to 100 the period during which there exists the public other provision of law, the Secretary of Health
percent of the amount by which the costs of the health emergency declared by the Secretary pur- and Human Services may implement the amend-
discharge for which such additional payment is suant to section 319 of the Public Health Service ments made by this section by program instruc-
so requested exceed the applicable DRG prospec- Act on January 31, 2020, entitled ‘Determination tion or otherwise.
tive payment rate’; and that a Public Health Emergency Exists Nation- SEC. 30206. MODIFYING THE ACCELERATED AND
‘‘(III) clause (iv) does not apply.’’. wide as the Result of the 2019 Novel ADVANCE PAYMENT PROGRAMS
(b) EXCLUSION FROM REDUCTION IN AVERAGE Coronavirus’ (including any renewal of such UNDER PARTS A AND B OF THE
STANDARDIZED AMOUNTS PAYABLE TO HOS- MEDICARE PROGRAM DURING THE
declaration pursuant to such section).’’.
PITALS LOCATED IN CERTAIN AREAS.—Section COVID–19 EMERGENCY.
(b) ELIMINATION OF COST SHARING.—
1886(d)(3)(B) of the Social Security Act (42 (1) ELIMINATION OF COST-SHARING FOR DRUGS (a) SPECIAL REPAYMENT RULES.—
U.S.C. 1395ww(d)(3)(B)) is amended by inserting INTENDED TO TREAT COVID–19 UNDER STANDARD (1) PART A.—Section 1815(f)(2)(C) of the Social
before the period the following: ‘‘, other than AND ALTERNATIVE PRESCRIPTION DRUG COV- Security Act (42 U.S.C. 1395g(f)(2)(C)) is amend-
additional payments described in clause (vii) of ERAGE.—Section 1860D–2 of the Social Security ed to read as follows:
such paragraph’’. Act (42 U.S.C. 1395w–102) is amended— ‘‘(C) In the case of an accelerated payment
(c) IMPLEMENTATION.—Notwithstanding any (A) in subsection (b)— made under the program under subsection (e)(3)
other provision of law, the Secretary of Health (i) in paragraph (1)(A), by striking ‘‘The cov- on or after the date of the enactment of the
and Human Services may implement the amend- erage’’ and inserting ‘‘Subject to paragraph (8), CARES Act and so made during the emergency
ments made by this section by program instruc- the coverage’’; period described in section 1135(g)(1)(B)—
dlhill on DSK120RN23PROD with HOUSE
tion or otherwise. (ii) in paragraph (2)— ‘‘(i) such payment shall be treated as if such
SEC. 30204. COVERAGE OF TREATMENTS FOR (I) in subparagraph (A), by inserting after payment were made from the General Fund of
COVID–19 AT NO COST SHARING ‘‘Subject to subparagraphs (C) and (D)’’ the fol- the Treasury; and
UNDER THE MEDICARE ADVANTAGE lowing: ‘‘and paragraph (8)’’; ‘‘(ii) upon request of the hospital, the Sec-
PROGRAM. (II) in subparagraph (C)(i), by striking ‘‘para- retary shall—
(a) IN GENERAL.—Section 1852(a)(1)(B) of the graph (4)’’ and inserting ‘‘paragraphs (4) and ‘‘(I) provide up to 1 year before claims are off-
Social Security Act (42 U.S.C. 1395w–22(a)(1)(B)) (8)’’; and set to recoup such payment;
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2079
‘‘(II) provide that any such offset of a claim (i) The total amount of all specified payments graph (2)(B) is designated (or a portion of such
to recoup such payment shall not exceed 25 per- for which claims have been offset to recoup such facility is so designated) as a COVID–19 treat-
cent of the amount of such claim; and payment or the balance has been repaid. ment center and receives incentive payments
‘‘(III) allow not less than 2 years from the (ii) The amount of interest that has accrued under section 1888(e)(13).
date of the first accelerated payment before re- with respect to all specified payments. ‘‘(2) DESIGNATION.—
quiring that the outstanding balance be paid in (B) SPECIFIED PAYMENTS.—For purposes of ‘‘(A) IN GENERAL.—A skilled nursing facility
full.’’. subparagraph (A), the term ‘‘specified pay- may elect to be designated (or to have a portion
(2) PART B.—In carrying out the program de- ments’’ means all payments made under section of such facility designated) as a COVID–19
scribed in section 421.214 of title 42, Code of Fed- 1815(e)(3) of the Social Security Act (42 U.S.C. treatment center under the program established
eral Regulations (or any successor regulation), 1395g(e)(3)) or under the program described in under paragraph (1) if the facility submits to
in the case of a payment made under such pro- section 421.214 of title 42, Code of Federal Regu- the Secretary, at a time and in a manner speci-
gram on or after the date of the enactment of lations (or any successor regulation) made on or fied by the Secretary, an application for such
the CARES Act (Public Law 116–136) and so after the date of the enactment of the CARES designation that contains such information as
made during the emergency period described in Act (Public Law 116–136) during the emergency required by the Secretary and demonstrates that
section 1135(g)(1)(B) of the Social Security Act period described in such subparagraph. such facility meets the requirements described in
(42 U.S.C. 1320b–5(g)(1)(B)), the Secretary of SEC. 30207. MEDICARE SPECIAL ENROLLMENT PE- subparagraph (B).
Health and Human Services shall— RIOD FOR INDIVIDUALS RESIDING ‘‘(B) REQUIREMENTS.—The requirements de-
(A) treat such payment as if such payment IN COVID–19 EMERGENCY AREAS. scribed in this subparagraph with respect to a
were made from the General Fund of the Treas- (a) IN GENERAL.—Section 1837(i) of the Social skilled nursing facility are the following:
ury; and Security Act (42 U.S.C. 1395p(i)) is amended by ‘‘(i) The facility has a star rating with respect
(B) upon request of the entity receiving such adding at the end the following new paragraph: to staffing of 4 or 5 on the Nursing Home Com-
payment— ‘‘(5)(A) In the case of an individual who— pare website (as described in subsection (i)) and
(i) provide up to 1 year before claims are offset ‘‘(i) is eligible under section 1836 to enroll in has maintained such a rating on such website
to recoup such payment; the medical insurance program established by during the 2-year period ending on the date of
(ii) provide that any such offset of a claim to this part, the submission of the application described in
recoup such payment shall not exceed 25 percent ‘‘(ii) did not enroll (or elected not to be subparagraph (A).
of the amount of such claim; and deemed enrolled) under this section during an ‘‘(ii) The facility has a star rating of 4 or 5
(iii) allow not less than 2 years from the date enrollment period, and with respect to health inspections on such
‘‘(iii) during the emergency period (as de- website and has maintained such a rating on
of the first advance payment before requiring
scribed in section 1135(g)(1)(B)), resided in an such website during such period.
that the outstanding balance be paid in full.
emergency area (as described in such section), ‘‘(iii) During such period, the Secretary or a
(b) INTEREST RATES.—
there shall be a special enrollment period de- State has not found a deficiency with such fa-
(1) PART A.—Section 1815(d) of the Social Se-
scribed in subparagraph (B). cility relating to infection control that the Sec-
curity Act (42 U.S.C. 1395g(d)) is amended by in-
‘‘(B) The special enrollment period referred to retary or State determined immediately jeopard-
serting before the period at the end the fol-
in subparagraph (A) is the period that begins ized the health or safety of the residents of such
lowing: ‘‘(or, in the case of such a determination
not later than July 1, 2020, and ends on the last facility (as described in paragraph (1) or (2)(A)
made with respect to a payment made on or
day of the month in which the emergency period of subsection (h), as applicable).
after the date of the enactment of the CARES
(as described in section 1135(g)(1)(B)) ends.’’. ‘‘(iv) The facility provides care at such facil-
Act and during the emergency period described (b) COVERAGE PERIOD FOR INDIVIDUALS
in section 1135(g)(1)(B) under the program ity (or, in the case of an election made with re-
TRANSITIONING FROM OTHER COVERAGE.—Sec- spect to a portion of such facility, to provide
under subsection (e)(3), at a rate of 1 percent)’’. tion 1838(e) of the Social Security Act (42 U.S.C.
(2) PART B.—Section 1833(j) of the Social Secu- care in such portion of such facility) only to eli-
1395q(e)) is amended— gible individuals.
rity Act (42 U.S.C. 1395l(j)) is amended by insert- (1) by striking ‘‘pursuant to section 1837(i)(3) ‘‘(v) The facility arranges for and transfers all
ing before the period at the end the following: or 1837(i)(4)(B)—’’ and inserting the following: residents of such facility (or such portion of
‘‘(or, in the case of such a determination made ‘‘pursuant to— such facility, as applicable) who are not eligible
with respect to a payment made on or after the ‘‘(1) section 1837(i)(3) or 1837(i)(4)(B)—’’; individuals to other skilled nursing facilities (or
date of the enactment of the CARES Act and (2) by redesignating paragraphs (1) and (2) as other portions of such facility, as applicable).
during the emergency period described in section subparagraphs (A) and (B), respectively, and ‘‘(vi) The facility complies with the notice re-
1135(g)(1)(B) under the program described in moving the indentation of each such subpara- quirement described in paragraph (4).
section 421.214 of title 42, Code of Federal Regu- graph 2 ems to the right; ‘‘(vii) The facility meets the reporting require-
lations (or any successor regulation), at a rate (3) by striking the period at the end of the ment described in paragraph (5).
of 1 percent)’’. subparagraph (B), as so redesignated, and in- ‘‘(viii) Any other requirement determined ap-
(c) REPORT.— serting ‘‘; or’’; and propriate by the Secretary.
(1) REPORTS DURING COVID–19 EMERGENCY.— (4) by adding at the end the following new ‘‘(3) DURATION OF DESIGNATION.—
Not later than 2 weeks after the date of the en- paragraph: ‘‘(A) IN GENERAL.—A designation of a skilled
actment of this section, and every 2 weeks there- ‘‘(2) section 1837(i)(5), the coverage period nursing facility (or portion of such facility) as a
after during the emergency period described in shall begin on the first day of the month fol- COVID–19 treatment center shall begin on a
section 1135(g)(1)(B) of the Social Security Act lowing the month in which the individual so en- date specified by the Secretary and end upon
(42 U.S.C. 1320b–5(g)(1)(B)), the Secretary of rolls.’’. the earliest of the following:
Health and Human Services shall submit to the (c) FUNDING.—The Secretary of Health and ‘‘(i) The revocation of such designation under
Committee on Ways and Means and the Com- Human Services shall provide for the transfer subparagraph (B).
mittee on Energy and Commerce of the House of from the Federal Hospital Insurance Trust Fund ‘‘(ii) The submission of a notification by such
Representatives, and the Committee on Finance (as described in section 1817 of the Social Secu- facility to the Secretary that such facility elects
of the Senate, a report that includes the fol- rity Act (42 U.S.C. 1395i)) and the Federal Sup- to terminate such designation.
lowing: plementary Medical Insurance Trust Fund (as ‘‘(iii) The termination of the program (as spec-
(A) The total amount of payments made under described in section 1841 of such Act (42 U.S.C. ified in paragraph (6)).
section 1815(e)(3) of the Social Security Act (42 1395t)), in such proportions as determined ap- ‘‘(B) REVOCATION.—The Secretary may revoke
U.S.C. 1395g(e)(3)) and under the program de- propriate by the Secretary, to the Social Secu- the designation of a skilled nursing facility (or
scribed in section 421.214 of title 42, Code of Fed- rity Administration, of $30,000,000, to remain portion of such facility) as a COVID–19 treat-
eral Regulations (or any successor regulation) available until expended, for purposes of car- ment center if the Secretary determines that the
during the most recent 2-week period for which rying out the amendments made by this section. facility is no longer in compliance with a re-
data is available that precedes the date of the (d) IMPLEMENTATION.—Notwithstanding any quirement described in paragraph (2)(B).
submission of such report. other provision of law, the Secretary of Health ‘‘(4) RESIDENT NOTICE REQUIREMENT.—For
(B) The number of entities receiving such pay- and Human Services may implement the amend- purposes of paragraph (2)(B)(vi), the notice re-
ments during such period. ments made by this section by program instruc- quirement described in this paragraph is that,
(C) A specification of each such entity. tion or otherwise. not later than 72 hours before the date specified
(2) REPORTS AFTER COVID–19 EMERGENCY.— SEC. 30208. COVID–19 SKILLED NURSING FACILITY by the Secretary under paragraph (3)(A) with
(A) IN GENERAL.—Not later than 6 months PAYMENT INCENTIVE PROGRAM. respect to the designation of a skilled nursing
after the termination of the emergency period (a) IN GENERAL.—Section 1819 of the Social facility (or portion of such facility) as a
described in paragraph (1), and every 6 months Security Act (42 U.S.C. 1395i–3) is amended by COVID–19 treatment center, the facility pro-
thereafter until all specified payments (as de- adding at the end the following new subsection: vides a notification to each resident of such fa-
dlhill on DSK120RN23PROD with HOUSE
fined in subparagraph (B)) have been recouped ‘‘(k) COVID–19 DESIGNATION PROGRAM.— cility (and to appropriate representatives or
or repaid, the Secretary of Health and Human ‘‘(1) IN GENERAL.—Not later than 2 weeks family members of each such resident, as speci-
Services shall submit to the Committee on Ways after the date of the enactment of this sub- fied by the Secretary) that contains the fol-
and Means and the Committee on Energy and section, the Secretary shall establish a program lowing:
Commerce of the House of Representatives, and under which a skilled nursing facility that ‘‘(A) Notice of such designation.
the Committee on Finance of the Senate, a re- makes an election described in paragraph (2)(A) ‘‘(B) In the case such resident is not an eligi-
port that includes the following: and meets the requirements described in para- ble individual (and, in the case such designation
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H2080 CONGRESSIONAL RECORD — HOUSE May 15, 2020
is made only with respect to a portion of such SEC. 30209. FUNDING FOR STATE STRIKE TEAMS SEC. 30211. REQUIRING LONG TERM CARE FACILI-
facility, resides in such portion of such facil- FOR RESIDENT AND EMPLOYEE TIES TO REPORT CERTAIN INFORMA-
SAFETY IN SKILLED NURSING FA- TION RELATING TO COVID–19 CASES
ity)—
CILITIES AND NURSING FACILITIES. AND DEATHS.
‘‘(i) a specification of when and where such
(a) IN GENERAL.—Of the amounts made avail- (a) IN GENERAL.—The Secretary of Health and
resident will be transferred (or moved within
able under subsection (c), the Secretary of Human Services (in this section referred to as
such facility);
Health and Human Services (referred to in this the ‘‘Secretary’’) shall, as soon as practicable,
‘‘(ii) an explanation that, in lieu of such require that the information described in para-
transfer or move, such resident may arrange for section as the ‘‘Secretary’’) shall allocate such
amounts among the States, in a manner that graph (1) of section 483.80(g) of title 42, Code of
transfer to such other setting (including a home) Federal Regulations, or a successor regulation,
selected by the resident; and takes into account the percentage of skilled
nursing facilities and nursing facilities in each be reported by a facility (as defined for purposes
‘‘(iii) if such resident so arranges to be trans- of such section).
ferred to a home, information on Internet re- State that have residents or employees who have
been diagnosed with COVID–19, for purposes of (b) DEMOGRAPHIC INFORMATION.—The Sec-
sources for caregivers who elect to care for such retary shall post the following information with
resident at home. establishing and implementing strike teams in
accordance with subsection (b). respect to skilled nursing facilities (as defined in
‘‘(C) Contact information for the State long- section 1819(a) of the Social Security Act (42
term care ombudsman (established under section (b) USE OF FUNDS.—A State that receives
U.S.C. 1395i–3(a))) and nursing facilities (as de-
307(a)(12) of the Older Americans Act of 1965) funds under this section shall use such funds to
fined in section 1919(a) of such Act (42 U.S.C.
for the applicable State. establish and implement a strike team that will
1396r(a))) on the Nursing Home Compare website
‘‘(5) REPORTING REQUIREMENT.— be deployed to a skilled nursing facility or nurs-
(as described in section 1819(i) of the Social Se-
‘‘(A) IN GENERAL.—For purposes of paragraph ing facility in the State with diagnosed or sus- curity Act (42 U.S.C. 1395i–3(i))), or a successor
(2)(B)(vii), the reporting requirement described pected cases of COVID–19 among residents or website, aggregated by State:
in this paragraph is, with respect to a skilled staff for the purposes of assisting with clinical (1) The age, race/ethnicity, and preferred lan-
nursing facility, that the facility reports to the care, infection control, or staffing. guage of the residents of such skilled nursing
Secretary, weekly and in such manner specified (c) AUTHORIZATION OF APPROPRIATIONS.—For facilities and nursing facilities with suspected or
by the Secretary, the following (but only to the purposes of carrying out this section, there is confirmed COVID–19 infections, including resi-
extent the information described in clauses (i) authorized to be appropriated $500,000,000. dents previously treated for COVID–19.
through (vii) is not otherwise reported to the (d) DEFINITIONS.—In this section: (2) The age, race/ethnicity, and preferred lan-
Secretary weekly): (1) NURSING FACILITY.—The term ‘‘nursing fa- guage relating to total deaths and COVID–19
‘‘(i) The number of COVID–19 related deaths cility’’ has the meaning given such term in sec- deaths among residents of such skilled nursing
at such facility. tion 1919(a) of the Social Security Act (42 U.S.C. facilities and nursing facilities.
‘‘(ii) The number of discharges from such fa- 1396r(a)). (c) CONFIDENTIALITY.—Any information re-
cility. (2) SKILLED NURSING FACILITY.—The term ported under this section that is made available
‘‘(iii) The number of admissions to such facil- ‘‘skilled nursing facility’’ has the meaning given to the public shall be made so available in a
ity. such term in section 1819(a) of the Social Secu- manner that protects the identity of residents of
‘‘(iv) The number of beds occupied and the rity Act (42 U.S.C. 1395i–3(a)). skilled nursing facilities and nursing facilities.
(d) IMPLEMENTATION.—The Secretary may im-
number of beds available at such facility. SEC. 30210. PROVIDING FOR INFECTION CONTROL
plement the provisions of this section be pro-
‘‘(v) The number of residents on a ventilator SUPPORT TO SKILLED NURSING FA-
CILITIES THROUGH CONTRACTS gram instruction or otherwise.
at such facility.
WITH QUALITY IMPROVEMENT ORGA- SEC. 30212. FLOOR ON THE MEDICARE AREA
‘‘(vi) The number of clinical and nonclinical WAGE INDEX FOR HOSPITALS IN
NIZATIONS.
staff providing direct patient care at such facil- ALL-URBAN STATES.
ity. (a) IN GENERAL.—Section 1862(g) of the Social
(a) IN GENERAL.—Section 1886(d)(3)(E) of the
‘‘(vii) Such other information determined ap- Security Act (42 U.S.C. 1395y(g)) is amended—
Social Security Act (42 U.S.C. 1395ww(d)(3)(E))
propriate by the Secretary. (1) by striking ‘‘The Secretary’’ and inserting
is amended—
‘‘(B) NONAPPLICATION OF PAPERWORK REDUC- ‘‘(1) The Secretary’’; and (1) in clause (i), in the first sentence, by strik-
TION ACT.—Chapter 35 of title 44, United States (2) by adding at the end the following new ing ‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’; and
Code (commonly known as the ‘Paperwork Re- paragraph: (2) by adding at the end the following new
duction Act’), shall not apply to the collection ‘‘(2)(A) The Secretary shall ensure that at clause:
of information under this paragraph. least 1 contract with a quality improvement or- ‘‘(iv) FLOOR ON AREA WAGE INDEX FOR HOS-
‘‘(6) DEFINITION.—For purposes of this sub- ganization described in paragraph (1) entered PITALS IN ALL-URBAN STATES.—
section, the term ‘eligible individual’ means an into on or after the date of the enactment of this ‘‘(I) IN GENERAL.—For discharges occurring on
individual who, during the 30-day period ending paragraph and before the end of the emergency or after October 1, 2021, the area wage index ap-
on the first day on which such individual is a period described in section 1135(g)(1)(B) (or in plicable under this subparagraph to any hos-
resident of a COVID–19 treatment center (on or effect as of such date) includes the requirement pital in an all-urban State (as defined in sub-
after the date such center is so designated), was that such organization provide to skilled nurs- clause (IV)) may not be less than the minimum
furnished a test for COVID–19 that came back ing facilities with cases of COVID–19 (or facili- area wage index for the fiscal year for hospitals
positive. ties attempting to prevent outbreaks of COVID– in that State, as established under subclause
‘‘(7) TERMINATION.—The program established 19) infection control support described in sub- (II).
under paragraph (1) shall terminate upon the paragraph (B) during such period. ‘‘(II) MINIMUM AREA WAGE INDEX.—For pur-
termination of the emergency period described in ‘‘(B) For purposes of subparagraph (A), the poses of subclause (I), the Secretary shall estab-
section 1135(g)(1)(B). infection control support described in this sub- lish a minimum area wage index for a fiscal
‘‘(8) PROHIBITION ON ADMINISTRATIVE AND JU- paragraph is, with respect to skilled nursing fa- year for hospitals in each all-urban State using
DICIAL REVIEW.—There shall be no administra- cilities described in such subparagraph, the de- the methodology described in section 412.64(h)(4)
tive or judicial review under section 1869, 1878, velopment and dissemination to such facilities of of title 42, Code of Federal Regulations, as in ef-
or otherwise of a designation of a skilled nurs- protocols relating to the prevention or mitiga- fect for fiscal year 2018.
ing facility (or portion of such facility) as a tion of COVID–19 at such facilities and the pro- ‘‘(III) WAIVING BUDGET NEUTRALITY.—Pursu-
COVID–19 treatment center, or revocation of vision of training materials to such facilities re- ant to the fifth sentence of clause (i), this sub-
such a designation, under this subsection.’’. lating to such prevention or mitigation.’’. section shall not be applied in a budget neutral
(b) PAYMENT INCENTIVE.—Section 1888(e) of (b) FUNDING.—The Secretary of Health and manner.
‘‘(IV) ALL-URBAN STATE DEFINED.—In this
the Social Security Act (42 U.S.C. 1395yy(e)) is Human Services shall provide for the transfer
clause, the term ‘all-urban State’ means a State
amended— from the Federal Supplementary Medical Insur-
in which there are no rural areas (as defined in
(1) in paragraph (1), in the matter preceding ance Trust Fund (as described in section 1841 of
paragraph (2)(D)) or a State in which there are
subparagraph (A), by striking ‘‘and (12)’’ and the Social Security Act (42 U.S.C. 1395t)) and
no hospitals classified as rural under this sec-
inserting ‘‘(12), and (13)’’; and the Federal Hospital Insurance Trust Fund (as
tion.’’.
(2) by adding at the end the following new described in section 1817 of such Act (42 U.S.C. (b) WAIVING BUDGET NEUTRALITY.—
paragraph: 1395i)), in such proportions as determined ap- (1) TECHNICAL AMENDATORY CORRECTION.—
‘‘(13) ADJUSTMENT FOR COVID–19 TREATMENT propriate by the Secretary, to the Centers for Section 10324(a)(2) of Public Law 111–148 is
CENTERS.—In the case of a resident of a skilled Medicare & Medicaid Services Program Manage- amended by striking ‘‘third sentence’’ and in-
nursing facility that has been designated as a ment Account, of $210,000,000, to remain avail- serting ‘‘fifth sentence’’.
COVID–19 treatment center under section able until expended, for purposes of entering (2) WAIVER.—Section 1886(d)(3)(E)(i) of the
1819(k) (or in the case of a resident who resides into contracts with quality improvement organi- Social Security Act (42 U.S.C.
dlhill on DSK120RN23PROD with HOUSE
in a portion of such facility that has been so zations under part B of title XI of such Act (42 1395ww(d)(3)(E)(i)) is amended, in the fifth sen-
designated), if such resident is an eligible indi- U.S.C. 1320c et seq.). Of the amount transferred tence—
vidual (as defined in paragraph (5) of such sec- pursuant to the previous sentence, not less that (A) by striking ‘‘and the amendments’’ and
tion), the per diem amount of payment for such $110,000,000 shall be used for purposes of enter- inserting ‘‘, the amendments’’; and
resident otherwise applicable shall be increased ing into such a contract that includes the re- (B) by inserting ‘‘, and the amendments made
by 20 percent to reflect increased costs associ- quirement described in section 1862(g)(2)(A) of by section 30212 of The Heroes Act’’ after ‘‘Care
ated with such residents.’’. such Act (as added by subsection (a)). Act’’.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2081
SEC. 30213. RISK CORRIDOR PROGRAM FOR MEDI- termined and paid a volume decrease adjustment ‘‘(8) SPECIAL ENROLLMENT PERIOD FOR CER-
CARE ADVANTAGE PLANS. under subparagraph (D)(ii) or (G)(iii) for a TAIN PUBLIC HEALTH EMERGENCY.—
(a) IN GENERAL.—Section 1853 of the Social specified cost reporting period, at the election of ‘‘(A) IN GENERAL.—The Secretary shall, sub-
Security Act (42 U.S.C. 1395w–23) is amended by the hospital, the Secretary of Health and ject to subparagraph (B), require an Exchange
adding at the end the following new subsection: Human Services shall replace the volume de- to provide—
‘‘(p) RISK CORRIDOR PROGRAM DURING THE crease adjustment subsequently determined for ‘‘(i) for a special enrollment period during the
COVID–19 EMERGENCY.— that specified cost reporting period by the medi- emergency period described in section
‘‘(1) IN GENERAL.—The Secretary shall estab- care administrative contractor with the volume 1135(g)(1)(B) of the Social Security Act—
lish and administer a program of risk corridors decrease adjustment initially determined and ‘‘(I) which shall begin on the date that is one
for each plan year, any portion of which occurs paid by the medicare administrative contractor week after the date of the enactment of this
during the emergency period defined in section for that specified cost reporting period. paragraph and which, in the case of an Ex-
1135(g)(1)(B), under which the Secretary shall ‘‘(ii)(I) Clause (i) shall not apply in the case change established or operated by the Secretary
make payments to MA organizations offering a of a sole community hospital or a medicare-de- within a State pursuant to section 1321(c), shall
Medicare Advantage plan based on the ratio of pendent, small rural hospital for which the be an 8-week period; and
the allowable costs of the plan to the aggregate ‘‘(II) during which any individual who is oth-
medicare administrative contractor determina-
premiums of the plan. erwise eligible to enroll in a qualified health
tion of the volume decrease adjustment with re-
‘‘(2) PAYMENT METHODOLOGY.—The Secretary plan through the Exchange may enroll in such
spect to a specified cost reporting period of the a qualified health plan; and
shall provide under the program established hospital is administratively final before the date
under paragraph (1) that if the allowable costs ‘‘(ii) that, in the case of an individual who
that is three years before the date of the enact- enrolls in a qualified health plan through the
for a Medicare Advantage plan for any plan ment of this section. Exchange during such enrollment period, the
year are more than 105 percent of the target ‘‘(II) For purposes of subclause (I), the date coverage period under such plan shall begin, at
amount, the Secretary shall pay to the plan an on which the medicare administrative contractor the option of the individual, on April 1, 2020, or
amount equal to 75 percent of the allowable determination with respect to a volume decrease on the first day of the month following the day
costs in excess of 105 percent of the target adjustment for a specified cost reporting period the individual selects a plan through such spe-
amount. is administratively final is the latest of the fol- cial enrollment period.
‘‘(3) TIMING.— lowing: ‘‘(B) EXCEPTION.—The requirement of sub-
‘‘(A) SUBMISSION OF INFORMATION BY PLANS.— ‘‘(aa) The date of the contractor determina- paragraph (A) shall not apply to a State-oper-
With respect to a plan year for which the pro- tion (as defined in section 405.1801 of title 42, ated or State-established Exchange if such Ex-
gram described in paragraph (1) is established Code of Federal Regulations). change, prior to the date of the enactment of
and administered, not later than July 1 of the ‘‘(bb) The date of the final outcome of any re- this paragraph, established or otherwise pro-
succeeding plan year each MA organization of- opening of the medicare administrative con- vided for a special enrollment period to address
fering a Medicare Advantage plan shall submit tractor determination under section 405.1885 of access to coverage under qualified health plans
to the Secretary such information as the Sec- title 42, Code of Federal Regulations. offered through such Exchange during the emer-
retary may require for purposes of carrying out ‘‘(cc) The date of the final outcome of the gency period described in section 1135(g)(1)(B) of
such program. final appeal filed by such hospital with respect the Social Security Act.’’.
‘‘(B) PAYMENT.—The Secretary shall pay to to such volume decrease adjustment for such (b) FEDERAL EXCHANGE OUTREACH AND EDU-
an MA organization offering a Medicare Advan- specified cost reporting period. CATIONAL ACTIVITIES.—Section 1321(c) of the
tage plan eligible to receive a payment under the ‘‘(iii) For purposes of this subparagraph, the Patient Protection and Affordable Care Act (42
program with respect to a plan year the amount term ‘specified cost reporting period’ means a U.S.C. 18041(c)) is amended by adding at the
provided under paragraph (2) for such plan cost reporting period of a sole community hos- end the following new paragraph:
year not later than 60 days after such organiza- pital or a medicare-dependent, small rural hos- ‘‘(3) OUTREACH AND EDUCATIONAL ACTIVI-
tion submits information with respect to such pital, as the case may be, that begins during a TIES.—
plan and plan year under subparagraph (A). fiscal year before fiscal year 2018.’’. ‘‘(A) IN GENERAL.—In the case of an Exchange
‘‘(4) DEFINITIONS.— established or operated by the Secretary within
SEC. 30215. DEEMING CERTAIN HOSPITALS TO BE
‘‘(A) ALLOWABLE COSTS.—The amount of al- LOCATED IN AN URBAN AREA FOR a State pursuant to this subsection, the Sec-
lowable costs of a MA organization offering a PURPOSES OF PAYMENT FOR INPA- retary shall carry out outreach and educational
Medicare Advantage plan for a plan year is an TIENT HOSPITAL SERVICES UNDER activities for purposes of informing potential en-
amount equal to the total costs (other than ad- THE MEDICARE PROGRAM. rollees in qualified health plans offered through
ministrative costs) of such plan in providing Section 1886(d)(10) of the Social Security Act the Exchange of the availability of coverage
benefits covered by such plan, but only to the (42 U.S.C. 1395ww(d)(10)) is amended by adding under such plans and financial assistance for
extent that such costs are incurred with respect at the end the following new subparagraph: coverage under such plans. Such outreach and
to such benefits for items and services that are ‘‘(G)(i) For purposes of payment under this educational activities shall be provided in a
benefits under the original medicare fee-for- subsection for discharges occurring during the manner that is culturally and linguistically ap-
service program option. 3-year period beginning on October 1, 2020, each propriate to the needs of the populations being
‘‘(B) TARGET AMOUNT.—The target amount hospital located in Albany, Saratoga, Schenec- served by the Exchange (including hard-to-
described in this paragraph is, with respect to a tady, Montgomery, or Rensselaer County of New reach populations, such as racial and sexual mi-
Medicare Advantage plan and a plan year, the York shall be deemed to be located in the large norities, limited English proficient populations,
total amount of payments paid to the MA orga- urban area of Hartford-West Hartford-East of and young adults).
nization for the plan for benefits under the Hartford, Connecticut (CBSA 25540). ‘‘(B) LIMITATION ON USE OF FUNDS.—No funds
original medicare fee-for-service program option ‘‘(ii) Any deemed location of a hospital pursu- appropriated under this paragraph shall be used
for the plan year, taking into account amounts ant to clause (i) shall be treated as a decision of for expenditures for promoting non-ACA compli-
paid by the Secretary and enrollees, based upon the Medicare Geographic Classification Review ant health insurance coverage.
the bid amount submitted under section 1854, re- ‘‘(C) NON-ACA COMPLIANT HEALTH INSURANCE
Board for purposes of paragraph (8)(D).’’.
COVERAGE.—For purposes of subparagraph (B):
duced by the total amount of administrative ex- TITLE III—PRIVATE INSURANCE ‘‘(i) The term ‘non-ACA compliant health in-
penses for the year assumed in such bid. PROVISIONS surance coverage’ means health insurance cov-
‘‘(5) FUNDING.—There are appropriated to the
Subtitle A—Health Plans erage, or a group health plan, that is not a
Centers for Medicare & Medicaid Services Pro-
SEC. 30301.
SPECIAL ENROLLMENT PERIOD
qualified health plan.
gram Management Account, out of any monies ‘‘(ii) Such term includes the following:
in the Treasury not otherwise obligated, such THROUGH EXCHANGES; FEDERAL
EXCHANGE OUTREACH AND EDU- ‘‘(I) An association health plan.
sums as may be necessary for purposes of car- ‘‘(II) Short-term limited duration insurance.
CATIONAL ACTIVITIES.
rying out this subsection.’’. ‘‘(D) FUNDING.—There are appropriated, out
(b) IMPLEMENTATION.—Notwithstanding any (a) SPECIAL ENROLLMENT PERIOD THROUGH
of any funds in the Treasury not otherwise ap-
other provision of law, the Secretary of Health EXCHANGES.—Section 1311(c) of the Patient Pro- propriated, $25,000,000, to remain available until
and Human Service may implement the amend- tection and Affordable Care Act (42 U.S.C. expended—
ments made by this section by program instruc- 18031(c)) is amended— ‘‘(i) to carry out this paragraph; and—
tion or otherwise. (1) in paragraph (6)— ‘‘(ii) at the discretion of the Secretary, to
SEC. 30214. RELIEF FOR SMALL RURAL HOS-
(A) in subparagraph (C), by striking at the carry out section 1311(i), with respect to an Ex-
PITALS FROM INACCURATE IN- end ‘‘and’’; change established or operated by the Secretary
STRUCTIONS PROVIDED BY CERTAIN (B) in subparagraph (D), by striking at the within a State pursuant to this subsection.’’.
MEDICARE ADMINISTRATIVE CON- end the period and inserting ‘‘; and’’; and (c) IMPLEMENTATION.—The Secretary of
TRACTORS. (C) by adding at the end the following new Health and Human Services may implement the
dlhill on DSK120RN23PROD with HOUSE
Section 1886(d)(5) of the Social Security Act subparagraph: provisions of (including amendments made by)
(42 U.S.C. 1395ww(d)(5)) is amended by adding ‘‘(E) subject to subparagraph (B) of para- this section through subregulatory guidance,
at the end the following new subparagraph: graph (8), the special enrollment period de- program instruction, or otherwise.
‘‘(N)(i) Subject to clause (ii), in the case of a scribed in subparagraph (A) of such para- SEC. 30302. EXPEDITED MEETING OF ACIP FOR
sole community hospital or a medicare-depend- graph.’’; and COVID–19 VACCINES.
ent, small rural hospital with respect to which a (2) by adding at the end the following new (a) IN GENERAL.—Notwithstanding section
medicare administrative contractor initially de- paragraph: 3091 of the 21st Century Cures Act (21 U.S.C.
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H2082 CONGRESSIONAL RECORD — HOUSE May 15, 2020
360bbb–4 note), the Advisory Committee on Im- for appropriate relief. The previous sentence ‘‘Sec. 715. Additional market reforms.
munization Practices shall meet and issue a rec- shall not be construed as limiting any enforce- ‘‘Sec. 716. Provision of prescription drug refill
ommendation with respect to a vaccine that is ment mechanism otherwise applicable pursuant notifications during emer-
intended to prevent or treat COVID–19 not later to paragraph (1). gencies.’’.
than 15 business days after the date on which (d) IMPLEMENTATION.—The Secretary of (b) PHSA.—Subpart II of part A of title
such vaccine is licensed under section 351 of the Health and Human Services, Secretary of Labor, XXVII of the Public Health Service Act (42
Public Health Service Act (42 U.S.C. 262). and Secretary of the Treasury may implement U.S.C. 300gg–11 et seq.) is amended by adding at
(b) DEFINITION.—In this section, the term the provisions of this section through sub-regu- the end the following new section:
‘‘Advisory Committee on Immunization Prac- latory guidance, program instruction or other- ‘‘SEC. 2730. PROVISION OF PRESCRIPTION DRUG
tices’’ means the Advisory Committee on Immu- wise. REFILL NOTIFICATIONS DURING
nization Practices established by the Secretary (e) TERMS.—The terms ‘‘group health plan’’; EMERGENCIES.
of Health and Human Services pursuant to sec- ‘‘health insurance issuer’’; ‘‘group health insur- ‘‘(a) IN GENERAL.—A group health plan, and
tion 222 of the Public Health Service Act (42 ance coverage’’, and ‘‘individual health insur- a health insurance issuer offering group or indi-
U.S.C. 217a), acting through the Director of the ance coverage’’ have the meanings given such vidual health insurance coverage, that provides
Centers for Disease Control and Prevention. terms in section 2791 of the Public Health Serv- benefits for prescription drugs under such plan
SEC. 30303. COVERAGE OF COVID–19 RELATED ice Act (42 U.S.C. 300gg–91), section 733 of the or such coverage shall provide to each partici-
TREATMENT AT NO COST SHARING. Employee Retirement Income Security Act of pant, beneficiary, or enrollee enrolled under
(a) IN GENERAL.—A group health plan and a 1974 (29 U.S.C. 1191b), and section 9832 of the such plan or such coverage who resides in an
health insurance issuer offering group or indi- Internal Revenue Code of 1986, as applicable. emergency area during an emergency period—
vidual health insurance coverage (including a SEC. 30304. REQUIRING PRESCRIPTION DRUG RE- ‘‘(1) not later than 5 business days after the
grandfathered health plan (as defined in section FILL NOTIFICATIONS DURING EMER- date of the beginning of such period with re-
1251(e) of the Patient Protection and Affordable GENCIES.
spect to such area (or, the case of the emergency
Care Act)) shall provide coverage, and shall not (a) ERISA.— period described in section 30304(d)(2) of The
impose any cost sharing (including deductibles, (1) IN GENERAL.—Subpart B of part 7 of sub- Heroes Act, not later than 5 business days after
copayments, and coinsurance) requirements, for title B of title I of the Employee Retirement In- the date of the enactment of this section), a no-
the following items and services furnished dur- come Security Act of 1974 (29 U.S.C. 1185 et seq.) tification (written in a manner that is clear and
ing any portion of the emergency period defined is amended by adding at the end the following understandable to the average participant, ben-
in paragraph (1)(B) of section 1135(g) of the So- new section: eficiary, or enrollee)—
cial Security Act (42 U.S.C. 1320b–5(g)) begin- ‘‘SEC. 716. PROVISION OF PRESCRIPTION DRUG ‘‘(A) of whether such plan or coverage will
ning on or after the date of the enactment of REFILL NOTIFICATIONS DURING
waive, during such period with respect to such
this Act: EMERGENCIES.
a participant, beneficiary, or enrollee, any time
(1) Medically necessary items and services (in- ‘‘(a) IN GENERAL.—A group health plan, and
restrictions under such plan or coverage on any
cluding in-person or telehealth visits in which a health insurance issuer offering health insur-
authorized refills for such drugs to enable such
such items and services are furnished) that are ance coverage in connection with a group
refills in advance of when such refills would
furnished to an individual who has been diag- health plan, that provides benefits for prescrip-
otherwise have been permitted under such plan
nosed with (or after provision of the items and tion drugs under such plan or such coverage
or coverage; and
services is diagnosed with) COVID–19 to treat or shall provide to each participant or beneficiary
‘‘(B) in the case that such plan or coverage
mitigate the effects of COVID–19. under such plan or such coverage who resides in
will waive such restrictions during such period
(2) Medically necessary items and services (in- an emergency area during an emergency pe-
with respect to such a participant, beneficiary,
cluding in-person or telehealth visits in which riod—
or enrollee, that contains information on how
such items and services are furnished) that are ‘‘(1) not later than 5 business days after the
such a participant, beneficiary, or enrollee may
furnished to an individual who is presumed to date of the beginning of such period with re-
obtain such a refill; and
have COVID–19 but is never diagnosed as such, spect to such area (or, the case of the emergency
‘‘(2) in the case such plan or coverage elects to
if the following conditions are met: period described in section 30304(d)(2) of The
so waive such restrictions during such period
(A) Such items and services are furnished to Heroes Act, not later than 5 business days after
with respect to such a participant, beneficiary,
the individual to treat or mitigate the effects of the date of the enactment of this section), a no-
or enrollee after the notification described in
COVID–19 or to mitigate the impact of COVID– tification (written in a manner that is clear and
paragraph (1) has been provided with respect to
19 on society. understandable to the average participant or
such period, not later than 5 business days after
(B) Health care providers have taken appro- beneficiary)—
‘‘(A) of whether such plan or coverage will such election, a notification of such election
priate steps under the circumstances to make a
waive, during such period with respect to such that contains the information described in sub-
diagnosis, or confirm whether a diagnosis was
a participant or beneficiary, any time restric- paragraph (B) of such paragraph.
made, with respect to such individual, for
tions under such plan or coverage on any au- ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.—
COVID–19, if possible.
(b) ITEMS AND SERVICES RELATED TO COVID– thorized refills for such drugs to enable such re- For purposes of this section, an ‘emergency
19.—For purposes of this section— fills in advance of when such refills would oth- area’ is a geographical area in which, and an
(1) not later than one week after the date of erwise have been permitted under such plan or ‘emergency period’ is the period during which,
the enactment of this section, the Secretary of coverage; and there exists—
Health and Human Services, Secretary of Labor, ‘‘(B) in the case that such plan or coverage ‘‘(1) an emergency or disaster declared by the
and Secretary of the Treasury shall jointly issue will waive such restrictions during such period President pursuant to the National Emergencies
guidance specifying applicable diagnoses and with respect to such a participant or bene- Act or the Robert T. Stafford Disaster Relief and
medically necessary items and services related to ficiary, that contains information on how such Emergency Assistance Act; and
COVID–19; and a participant or beneficiary may obtain such a ‘‘(2) a public health emergency declared by
(2) such items and services shall include all refill; and the Secretary pursuant to section 319.’’.
items or services that are relevant to the treat- ‘‘(2) in the case such plan or coverage elects to (c) IRC.—
ment or mitigation of COVID–19, regardless of so waive such restrictions during such period (1) IN GENERAL.—Subchapter B of chapter 100
whether such items or services are ordinarily with respect to such a participant or beneficiary of the Internal Revenue Code of 1986 is amended
covered under the terms of a group health plan after the notification described in paragraph (1) by adding at the end the following new section:
or group or individual health insurance cov- has been provided with respect to such period, ‘‘SEC. 9816. PROVISION OF PRESCRIPTION DRUG
erage offered by a health insurance issuer. not later than 5 business days after such elec- REFILL NOTIFICATIONS DURING
(c) ENFORCEMENT.— tion, a notification of such election that con- EMERGENCIES.
(1) APPLICATION WITH RESPECT TO PHSA, ERISA, tains the information described in subparagraph ‘‘(a) IN GENERAL.—A group health plan that
AND IRC.—The provisions of this section shall be (B) of such paragraph. provides benefits for prescription drugs under
applied by the Secretary of Health and Human ‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.— such plan shall provide to each participant or
Services, Secretary of Labor, and Secretary of For purposes of this section, an ‘emergency beneficiary enrolled under such plan who re-
the Treasury to group health plans and health area’ is a geographical area in which, and an sides in an emergency area during an emergency
insurance issuers offering group or individual ‘emergency period’ is the period during which, period, not later than 5 business days after the
health insurance coverage as if included in the there exists— date of the beginning of such period with re-
provisions of part A of title XXVII of the Public ‘‘(1) an emergency or disaster declared by the spect to such area (or, the case of the emergency
Health Service Act, part 7 of the Employee Re- President pursuant to the National Emergencies period described in section 30304(d)(2) of The
tirement Income Security Act of 1974, and sub- Act or the Robert T. Stafford Disaster Relief and Heroes Act, not later than 5 business days after
chapter B of chapter 100 of the Internal Rev- Emergency Assistance Act; and the date of the enactment of this section)—
dlhill on DSK120RN23PROD with HOUSE
enue Code of 1986, as applicable. ‘‘(2) a public health emergency declared by ‘‘(1) a notification (written in a manner that
(2) PRIVATE RIGHT OF ACTION.—An individual the Secretary pursuant to section 319 of the is clear and understandable to the average par-
with respect to whom an action is taken by a Public Health Service Act.’’. ticipant or beneficiary)—
group health plan or health insurance issuer of- (2) CLERICAL AMENDMENT.—The table of con- ‘‘(A) of whether such plan will waive, during
fering group or individual health insurance cov- tents of the Employee Retirement Income Secu- such period with respect to such a participant
erage in violation of subsection (a) may com- rity Act of 1974 is amended by inserting after the or beneficiary, any time restrictions under such
mence a civil action against the plan or issuer item relating to section 714 the following: plan on any authorized refills for such drugs to
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2083
enable such refills in advance of when such re- Services on the healthcare.gov Internet website ‘‘(C) a clear explanation that—
fills would otherwise have been permitted under (or a successor website); ‘‘(i) an individual who is eligible for continu-
such plan; and ‘‘(C) a clear explanation that— ation coverage may also be eligible to enroll,
‘‘(B) in the case that such plan will waive ‘‘(i) an individual who is eligible for continu- with financial assistance, in a qualified health
such restrictions during such period with re- ation coverage may also be eligible to enroll, plan offered through such Exchange, but, in the
spect to such a participant or beneficiary, that with financial assistance, in a qualified health case that such individual elects to enroll in such
contains information on how such a participant plan offered through such Exchange, but, in the continuation coverage and subsequently elects
or beneficiary may obtain such a refill; and case that such individual elects to enroll in such to terminate such continuation coverage before
‘‘(2) in the case such plan elects to so waive continuation coverage and subsequently elects the period of such continuation coverage ex-
such restrictions during such period with re- to terminate such continuation coverage before pires, such individual will not be eligible to en-
spect to such a participant or beneficiary after the period of such continuation coverage ex- roll in a qualified health plan offered through
the notification described in paragraph (1) has pires, such individual will not be eligible to en- such Exchange during a special enrollment pe-
been provided with respect to such period, not roll in a qualified health plan offered through riod; and
later than 5 business days after such election, a such Exchange during a special enrollment pe- ‘‘(ii) an individual who elects to enroll in con-
notification of such election that contains the riod; and tinuation coverage will remain eligible to enroll
information described in subparagraph (B) of ‘‘(ii) an individual who elects to enroll in con- in a qualified health plan offered through such
such paragraph. tinuation coverage will remain eligible to enroll Exchange during an open enrollment period and
‘‘(b) EMERGENCY AREA; EMERGENCY PERIOD.— in a qualified health plan offered through such may be eligible for financial assistance with re-
For purposes of this section, an ‘emergency Exchange during an open enrollment period and spect to enrolling in such a qualified health
area’ is a geographical area in which, and an may be eligible for financial assistance with re- plan;
‘emergency period’ is the period during which, spect to enrolling in such a qualified health ‘‘(D) information on consumer protections
there exists— plan; with respect to enrolling in a qualified health
‘‘(1) an emergency or disaster declared by the ‘‘(D) information on consumer protections plan offered through such Exchange, including
President pursuant to the National Emergencies with respect to enrolling in a qualified health the requirement for such a qualified health plan
Act or the Robert T. Stafford Disaster Relief and plan offered through such Exchange, including to provide coverage for essential health benefits
Emergency Assistance Act; and the requirement for such a qualified health plan (as defined in section 1302(b) of the Patient Pro-
‘‘(2) a public health emergency declared by to provide coverage for essential health benefits tection and Affordable Care Act) and the re-
the Secretary pursuant to section 319 of the (as defined in section 1302(b) of the Patient Pro- quirements applicable to such a qualified health
Public Health Service Act.’’. tection and Affordable Care Act) and the re- plan under part A of title XXVII; and
(2) CLERICAL AMENDMENT.—The table of sec- quirements applicable to such a qualified health ‘‘(E) information on the availability of finan-
tions for subchapter B of chapter 100 of the In- plan under part A of title XXVII of the Public cial assistance with respect to enrolling in a
ternal Revenue Code of 1986 is amended by add- Health Service Act; and qualified health plan, including the maximum
ing at the end the following new item: ‘‘(E) information on the availability of finan- income limit for eligibility for a premium tax
‘‘Sec. 9816. Provision of prescription drug refill cial assistance with respect to enrolling in a credit under section 36B of the Internal Revenue
notifications during emer- qualified health plan, including the maximum Code of 1986.’’.
income limit for eligibility for a premium tax (2) EFFECTIVE DATE.—The amendments made
gencies.’’.
credit under section 36B of the Internal Revenue by paragraph (1) shall apply with respect to
(d) EFFECTIVE DATE.—The amendments made
Code of 1986.’’. qualifying events occurring on or after the date
by this section shall apply with respect to—
(1) emergency periods beginning on or after (2) EFFECTIVE DATE.—The amendments made that is 14 days after the date of the enactment
the date of the enactment of this Act; and by paragraph (1) shall apply with respect to of this Act.
qualifying events occurring on or after the date (c) INTERNAL REVENUE CODE OF 1986.—
(2) the emergency period relating to the public (1) IN GENERAL.—Section 4980B(f)(6) of the In-
health emergency declared by the Secretary of that is 14 days after the date of the enactment
of this Act. ternal Revenue Code of 1986 is amended—
Health and Human Services pursuant to section (A) in subparagraph (D)—
319 of the Public Health Service Act on January (b) PUBLIC HEALTH SERVICE ACT.—
(i) in clause (ii), by striking ‘‘under subpara-
31, 2020, entitled ‘‘Determination that a Public (1) IN GENERAL.—Section 2206 of the Public
graph (C)’’ and inserting ‘‘under clause (iii)’’;
Health Emergency Exists Nationwide as the Re- Health Service Act (42 U.S.C. 300bb–6) is amend-
and
sult of the 2019 Novel Coronavirus’’. ed— (ii) by redesignating clauses (i) and (ii) as
SEC. 30305. IMPROVEMENT OF CERTAIN NOTIFI- (A) by striking ‘‘In accordance’’ and inserting
subclauses (I) and (II), respectively, and moving
CATIONS PROVIDED TO QUALIFIED the following:
the margin of each such subclause, as so redes-
BENEFICIARIES BY GROUP HEALTH ‘‘(a) IN GENERAL.—In accordance’’;
ignated, 2 ems to the right;
PLANS IN THE CASE OF QUALIFYING (B) by striking ‘‘of such beneficiary’s rights
(B) by redesignating subparagraphs (A)
EVENTS. under this subsection’’ and inserting ‘‘of such
through (D) as clauses (i) through (iv), respec-
(a) EMPLOYEE RETIREMENT INCOME SECURITY beneficiary’s rights under this title in accord-
tively, and moving the margin of each such
ACT OF 1974.— ance with the notification requirements under
clause, as so redesignated, 2 ems to the right;
(1) IN GENERAL.—Section 606 of the Employee subsection (b)’’; and (C) by striking ‘‘In accordance’’ and inserting
Retirement Income Security Act of 1974 (29 (C) by striking ‘‘For purposes of paragraph the following:
U.S.C. 1166) is amended— (4),’’ and all that follows through ‘‘such notifi- ‘‘(A) IN GENERAL.—In accordance’’;
(A) in subsection (a)(4), in the matter fol- cation is made.’’ and inserting the following: (D) by inserting after ‘‘of such beneficiary’s
lowing subparagraph (B), by striking ‘‘under ‘‘(b) RULES RELATING TO NOTIFICATION OF rights under this subsection’’ the following: ‘‘in
this subsection’’ and inserting ‘‘under this part QUALIFIED BENEFICIARIES BY PLAN ADMINIS- accordance with the notification requirements
in accordance with the notification require- TRATOR.—For purposes of subsection (a)(4)— under subparagraph (C)’’; and
ments under subsection (c)’’; and ‘‘(1) any notification shall be made within 14 (E) by striking ‘‘The requirements of subpara-
(B) in subsection (c)— days of the date on which the plan adminis- graph (B)’’ and all that follows through ‘‘such
(i) by striking ‘‘For purposes of subsection trator is notified under paragraph (2) or (3) of notification is made.’’ and inserting the fol-
(a)(4), any notification’’ and inserting ‘‘For subsection (a), whichever is applicable; lowing:
purposes of subsection (a)(4)— ‘‘(2) any such notification to an individual ‘‘(B) ALTERNATIVE MEANS OF COMPLIANCE
‘‘(1) any notification’’; who is a qualified beneficiary as the spouse of WITH REQUIREMENT FOR NOTIFICATION OF MULTI-
(ii) by striking ‘‘, whichever is applicable, and the covered employee shall be treated as notifi- EMPLOYER PLANS BY EMPLOYERS.—The require-
any such notification’’ and inserting ‘‘of sub- cation to all other qualified beneficiaries resid- ments of subparagraph (A)(ii) shall be consid-
section (a), whichever is applicable; ing with such spouse at the time such notifica- ered satisfied in the case of a multiemployer
‘‘(2) any such notification’’; and tion is made; and plan in connection with a qualifying event de-
(iii) by striking ‘‘such notification is made’’ ‘‘(3) any such notification shall, with respect scribed in paragraph (3)(B) if the plan provides
and inserting ‘‘such notification is made; and to each qualified beneficiary with respect to that the determination of the occurrence of such
‘‘(3) any such notification shall, with respect whom such notification is made, include infor- qualifying event will be made by the plan ad-
to each qualified beneficiary with respect to mation regarding any Exchange established ministrator.
whom such notification is made, include infor- under title I of the Patient Protection and Af- ‘‘(C) RULES RELATING TO NOTIFICATION OF
mation regarding any Exchange established fordable Care Act through which such a quali- QUALIFIED BENEFICIARIES BY PLAN ADMINIS-
under title I of the Patient Protection and Af- fied beneficiary may be eligible to enroll in a TRATOR.—For purposes of subparagraph
fordable Care Act through which such a quali- qualified health plan (as defined in section 1301 (A)(iv)—
fied beneficiary may be eligible to enroll in a of the Patient Protection and Affordable Care ‘‘(i) any notification shall be made within 14
qualified health plan (as defined in section 1301 Act), including— days (or, in the case of a group health plan
dlhill on DSK120RN23PROD with HOUSE
of the Patient Protection and Affordable Care ‘‘(A) the publicly accessible Internet website which is a multiemployer plan, such longer pe-
Act), including— address for such Exchange; riod of time as may be provided in the terms of
‘‘(A) the publicly accessible Internet website ‘‘(B) the publicly accessible Internet website the plan) of the date on which the plan admin-
address for such Exchange; address for the Find Local Help directory main- istrator is notified under clause (ii) or (iii) of
‘‘(B) the publicly accessible Internet website tained by the Department of Health and Human subparagraph (A), whichever is applicable;
address for the Find Local Help directory main- Services on the healthcare.gov Internet website ‘‘(ii) any such notification to an individual
tained by the Department of Health and Human (or a successor website); who is a qualified beneficiary as the spouse of
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H2084 CONGRESSIONAL RECORD — HOUSE May 15, 2020
the covered employee shall be treated as notifi- fordable Care Act coverage general notice’’ and provisions of this section by subregulatory guid-
cation to all other qualified beneficiaries resid- the ‘‘model COBRA continuation coverage and ance, program instruction, or otherwise.
ing with such spouse at the time such notifica- Affordable Care Act coverage election notice’’, (h) APPROPRIATION.—There are appropriated,
tion is made; and respectively. out of any monies in the Treasury not otherwise
‘‘(iii) any such notification shall, with respect SEC. 30306. SOONER COVERAGE OF TESTING FOR appropriated, such sums as may be necessary to
to each qualified beneficiary with respect to COVID–19. carry out this section.
whom such notification is made, include infor- Section 6001(a) of division F of the Families SEC. 30308. RISK CORRIDOR PROGRAM FOR SELF-
mation regarding any Exchange established First Coronavirus Response Act (42 U.S.C. INSURED GROUP HEALTH PLANS
under title I of the Patient Protection and Af- 1320b–5 note) is amended by striking ‘‘beginning AND HEALTH INSURANCE COVERAGE
fordable Care Act through which such a quali- on or after’’ and inserting ‘‘beginning before, OFFERED IN THE LARGE GROUP
fied beneficiary may be eligible to enroll in a on, or after’’. MARKET.
qualified health plan (as defined in section 1301 SEC. 30307. RISK CORRIDOR PROGRAM FOR (a) IN GENERAL.—The Secretary of Health and
of the Patient Protection and Affordable Care HEALTH INSURANCE COVERAGE OF- Human Services (in this section referred to as
Act), including— FERED IN THE INDIVIDUAL OR the ‘‘Secretary’’), in coordination with the Sec-
‘‘(I) the publicly accessible Internet website SMALL GROUP MARKET. retary of Labor and the Secretary of the Treas-
address for such Exchange; (a) IN GENERAL.—The Secretary of Health and ury, shall establish and administer a program of
‘‘(II) the publicly accessible Internet website Human Services (in this section referred to as risk corridors for plan years 2020 and 2021 under
address for the Find Local Help directory main- the ‘‘Secretary’’) shall establish and administer which the Secretary, in coordination with the
tained by the Department of Health and Human a program of risk corridors for plan years 2020 Secretary of Labor and the Secretary of the
Services on the healthcare.gov Internet website and 2021 under which the Secretary shall make Treasury, shall make payments in accordance
(or a successor website); payments to health insurance issuers offering with subsection (b) to self-insured group health
‘‘(III) a clear explanation that— health insurance coverage in the individual or plans and health insurance issuers offering
‘‘(aa) an individual who is eligible for con- small group market based on the ratio of the al- health insurance coverage in the large group
tinuation coverage may also be eligible to enroll, lowable costs of the coverage to the aggregate market.
with financial assistance, in a qualified health premiums of the coverage. (b) PAYMENT METHODOLOGY.—The Secretary,
plan offered through such Exchange, but, in the (b) PAYMENT METHODOLOGY.—The Secretary in coordination with the Secretary of Labor and
case that such individual elects to enroll in such shall provide under the program established the Secretary of the Treasury, shall provide
continuation coverage and subsequently elects under subsection (a) that if the allowable costs under the program established under subsection
to terminate such continuation coverage before for a health insurance issuer offering health in- (a) that if the allowable costs for a self-insured
the period of such continuation coverage ex- surance coverage in the individual or small group health plan or health insurance coverage
pires, such individual will not be eligible to en- group market for any plan year are more than offered in the large group market for any plan
roll in a qualified health plan offered through 105 percent of the target amount, the Secretary year are more than 105 percent of the target
such Exchange during a special enrollment pe- shall pay to the issuer an amount equal to 75 amount, the Secretary shall pay to the plan, or
riod; and percent of the allowable costs in excess of 105 issuer of such coverage, an amount equal to 75
‘‘(bb) an individual who elects to enroll in percent of the target amount. percent of the allowable costs in excess of 105
continuation coverage will remain eligible to en- (c) INFORMATION COLLECTION.—The Secretary percent of the target amount.
roll in a qualified health plan offered through shall establish a process under which informa- (c) INFORMATION COLLECTION.—
such Exchange during an open enrollment pe- tion is collected from health insurance issuers (1) IN GENERAL.—The Secretary, the Secretary
riod and may be eligible for financial assistance offering health insurance coverage in the indi- of Labor, and the Secretary of the Treasury may
with respect to enrolling in such a qualified vidual or small group market for purposes of require self-insured group health plans and
health plan; carrying out this section. health insurance issuers of health insurance
‘‘(IV) information on consumer protections (d) NON-APPLICATION.—The provisions of this coverage offered in the large group market to re-
with respect to enrolling in a qualified health section shall not apply with respect to any port to the applicable Secretary, in a form, man-
plan offered through such Exchange, including group or individual health insurance coverage ner, and timeframe specified by the Secretaries,
the requirement for such a qualified health plan in relation to its provision of excepted benefits information necessary for purposes of carrying
to provide coverage for essential health benefits described in section 2791(c)(1) of the Public out this section in accordance with the process
(as defined in section 1302(b) of the Patient Pro- Health Service Act (42 U.S.C. 300gg–91(c)). established under paragraph (2).
tection and Affordable Care Act) and the re- (e) DEFINITIONS.—In this section: (2) PROCESS.—The Secretary, the Secretary of
quirements applicable to such a qualified health (1) ALLOWABLE COSTS.—
Labor, and the Secretary of the Treasury shall
plan under part A of title XXVII of the Public (A) IN GENERAL.—The amount of allowable
jointly establish a process prescribing the form
Health Service Act; and costs of a health insurance issuer offering
and manner under which information is col-
‘‘(V) information on the availability of finan- health insurance coverage in the individual or
lected from self-insured group health plans and
cial assistance with respect to enrolling in a small group market for any year is an amount
health insurance issuers offering health insur-
qualified health plan, including the maximum equal to the total costs (other than administra-
ance coverage in the large group market for pur-
income limit for eligibility for a premium tax tive costs) of such issuer in providing benefits
poses of carrying out this section.
credit under section 36B.’’. covered by such coverage.
(2) EFFECTIVE DATE.—The amendments made (B) CERTAIN REDUCTIONS.—Allowable costs (d) DEFINITIONS.—
by paragraph (1) shall apply with respect to shall reduced by any— (1) ALLOWABLE COSTS.—
qualifying events occurring on or after the date (i) risk adjustment payments received under (A) IN GENERAL.—The amount of allowable
that is 14 days after the date of the enactment section 1343 of the Patient Protection and Af- costs of a self-insured group health plan or
of this Act. fordable Care Act (42 U.S.C. 18063); and health insurance coverage offered in the large
(d) MODEL NOTICES.—Not later than 14 days (ii) reinsurance payments received pursuant group market for any plan year is an amount
after the date of the enactment of this Act, the to a waiver approved under section 1332 of such equal to the total costs (other than administra-
Secretary of the Labor, in consultation with the Act (42 U.S.C. 18052). tive costs) of such plan or the issuer of such cov-
Secretary of the Treasury and the Secretary of (2) ADDITIONAL TERMS.—The terms ‘‘health erage in covering items and services furnished
Health and Human Services, shall— insurance issuer’’, ‘‘health insurance coverage’’, during such plan year under such plan or such
(1) update the model Consolidated Omnibus ‘‘individual market’’, and ‘‘small group market’’ coverage.
Budget Reconciliation Act of 1985 (referred to in have the meanings given such terms in section (B) CERTAIN REDUCTIONS.—Allowable costs of
this subsection as ‘‘COBRA’’) continuation cov- 2791 of the Public Health Service Act (42 U.S.C. a self-insured group health plan or health in-
erage general notice and the model COBRA con- 300gg–91). surance coverage offered in the large group mar-
tinuation coverage election notice developed by (3) TARGET AMOUNT.—The target amount of ket for a plan year shall be reduced by any—
the Secretary of Labor for purposes of facili- health insurance coverage offered in the indi- (i) reinsurance payments received by such
tating compliance of group health plans with vidual or small group market for any year is an plan or coverage pursuant to a waiver approved
the notification requirements under section 606 amount equal to the total premiums (including under section 1332 of such Act (42 U.S.C. 18052)
of the Employee Retirement Income Security Act any premium subsidies under any governmental for such plan year; and
of 1974 (29 U.S.C. 1166) to include the informa- program), reduced by the administrative costs of (ii) other payments received by such plan or
tion described in paragraph (3) of subsection (c) the coverage. coverage (as specified by the Secretary) for such
of such section 606, as added by subsection (f) TREATMENT FOR MLR.—Payments made plan year.
(a)(1); under this section with respect to an applicable (2) ADDITIONAL TERMS.—For purposes of this
(2) provide an opportunity for consumer test- plan year to a health insurance issuer offering section, the terms ‘‘excepted benefits’’, ‘‘health
ing of each such notice, as so updated, to ensure health insurance coverage in the individual or insurance issuer’’, ‘‘health insurance coverage’’,
dlhill on DSK120RN23PROD with HOUSE
that each such notice is clear and understand- small group market shall for purposes of section and ‘‘large group market’’ have the meanings
able to the average participant or beneficiary of 2718(b) of the Public Health Service Act (42 given such terms in section 2791 of the Public
a group health plan; and U.S.C. 300gg–18(b)) be included in the calcula- Health Service Act (42 U.S.C. 300gg–91), section
(3) rename the model COBRA continuation tion of the premium revenue with respect to 733 of the Employee Retirement Income Security
coverage general notice and the model COBRA such issuer and year. Act of 1974 (29 U.S.C. 1191b), and section 9832 of
continuation coverage election notice as the (g) IMPLEMENTATION.—The Secretary of the Internal Revenue Code of 1986, as applica-
‘‘model COBRA continuation coverage and Af- Health and Human Services may implement the ble, and the term ‘‘self-insured group health
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2085
plan’’ has the meaning given such term for pur- TINUATION COVERAGE FOR INDIVIDUALS AND (cc) a flexible spending arrangement (as de-
poses of section 2701(a)(5) of the Public Health THEIR FAMILIES.— fined in section 106(c)(2) of the Internal Rev-
Service Act (42 U.S.C. 300gg(a)(5)). (1) PROVISION OF PREMIUM ASSISTANCE.— enue Code of 1986); or
(3) TARGET AMOUNT.— (A) REDUCTION OF PREMIUMS PAYABLE.— (dd) benefits that provide coverage for services
(A) IN GENERAL.—The target amount of— (i) COBRA CONTINUATION COVERAGE.—In the or treatments furnished in an on-site medical fa-
(i) a self-insured group health plan for an ap- case of any premium for a period of coverage cility maintained by the employer and that con-
plicable plan year is— during the period beginning on March 1, 2020, sists primarily of first-aid services, prevention
(I) in the case such plan was offered during and ending on January 31, 2021 for COBRA con- and wellness care, or similar care (or a combina-
the preceding plan year and was subject to the tinuation coverage with respect to any assist- tion of such care).
requirement of section 601(a) of the Employee ance eligible individual described in paragraph (C) PREMIUM REIMBURSEMENT.—For provi-
Retirement Income Security Act of 1974 (29 (3)(A), such individual shall be treated for pur- sions providing the payment of such premium,
U.S.C. 1161(a)) during such preceding plan year, poses of any COBRA continuation provision as see section 6432 of the Internal Revenue Code of
the expected cost to the plan for all individuals having paid the amount of such premium if such 1986, as added by paragraph (14).
covered under such plan for such preceding individual pays (and any person other than (2) LIMITATION OF PERIOD OF PREMIUM ASSIST-
plan year (without regard to whether such cost such individual’s employer pays on behalf of ANCE.—
is paid by the employer or employee), taking such individual) 0 percent of the amount of such (A) ELIGIBILITY FOR ADDITIONAL COVERAGE.—
into account applicable premiums (as defined in premium owed by such individual (as deter- Paragraph (1)(A) shall not apply with respect
section 604(a) of such Act (29 U.S.C. 1164(1))) for mined without regard to this subsection). to—
such plan and preceding plan year, reduced by (i) any assistance eligible individual described
(ii) FURLOUGHED CONTINUATION COVERAGE.—
any administrative costs for such preceding plan in paragraph (3)(A) for months of coverage be-
In the case of any premium for a period of cov-
year and increased by 5 percent; or ginning on or after the earlier of—
erage during the period beginning on March 1,
(II) in the case such plan is not described in (I) the first date that such individual is eligi-
2020, and ending on January 31, 2021 for cov-
subclause (I), the expected cost to the plan for ble for coverage under any other group health
erage under a group health plan with respect to
all individuals covered under such plan for such plan (other than coverage consisting of only
any assistance eligible individual described in
applicable plan year (as determined under a dental, vision, counseling, or referral services
paragraph (3)(B), such individual shall be treat-
methodology specified by the Secretary), re- (or a combination thereof), coverage under a
ed for purposes of coverage under the plan of-
duced by any administrative costs for such plan flexible spending arrangement (as defined in
year; and fered by the plan sponsor in which the indi-
section 106(c)(2) of the Internal Revenue Code of
(ii) health insurance coverage offered in the vidual is enrolled as having paid the amount of
1986), coverage of treatment that is furnished in
large group market for an applicable plan year such premium if such individual pays (and any
an on-site medical facility maintained by the
is an amount equal to the total premiums (in- person other than such individual’s employer
employer and that consists primarily of first-aid
cluding any premium subsidies under any gov- pays on behalf of such individual) 0 percent of
services, prevention and wellness care, or similar
ernmental program), as defined by the Sec- the amount of such premium owed by such indi-
care (or a combination thereof)), or eligible for
retary, for such plan year, reduced by the ad- vidual (as determined without regard to this
benefits under the Medicare program under title
ministrative costs of the coverage for such plan subsection).
XVIII of the Social Security Act; or
year. (B) PLAN ENROLLMENT OPTION.— (II) the earliest of—
(B) APPLICABLE PLAN YEAR.—The term ‘‘appli- (i) IN GENERAL.—Notwithstanding the COBRA (aa) the date following the expiration of the
cable plan year’’ means plan year 2020 or plan continuation provisions, any assistance eligible maximum period of continuation coverage re-
year 2021, as applicable. individual who is enrolled in a group health quired under the applicable COBRA continu-
(e) APPLICATION.— plan offered by a plan sponsor may, not later ation coverage provision; or
(1) IN GENERAL.—The provisions of subsection than 90 days after the date of notice of the plan (bb) the date following the expiration of the
(c) shall be applied by the Secretary of Health enrollment option described in this subpara- period of continuation coverage allowed under
and Human Services, the Secretary of Labor, graph, elect to enroll in coverage under a plan paragraph (4)(B)(ii); or
and the Secretary of the Treasury to group offered by such plan sponsor that is different (ii) any assistance eligible individual de-
health plans and health insurance issuers offer- than coverage under the plan in which such in- scribed in paragraph (3)(B) for months of cov-
ing health insurance coverage in the large dividual was enrolled at the time— erage beginning on or after the earlier of—
group market as if such subsection were in- (I) in the case of any assistance eligible indi- (I) the first date that such individual is eligi-
cluded in the provisions of part A of title XXVII vidual described in paragraph (3)(A), the quali- ble for coverage under any other group health
of the Public Health Service Act (42 U.S.C. 300gg fying event specified in section 603(2) of the Em- plan (other than coverage consisting of only
et seq.), part 7 of the Employee Retirement In- ployee Retirement Income Security Act of 1974, dental, vision, counseling, or referral services
come Security Act of 1974 (29 U.S.C. 1181 et section 4980B(f)(3)(B) of the Internal Revenue (or a combination thereof), coverage under a
seq.), and subchapter B of chapter 100 of the In- Code of 1986, section 2203(2) of the Public flexible spending arrangement (as defined in
ternal Revenue Code of 1986, as applicable. Health Service Act, or section 8905a of title 5, section 106(c)(2) of the Internal Revenue Code of
(2) TREATMENT FOR MLR.—Payments made United States Code (except for the voluntary 1986), coverage of treatment that is furnished in
under this section with respect to an applicable termination of such individual’s employment by an on-site medical facility maintained by the
plan year to a self-insured group health plan or such individual), occurred, and such coverage employer and that consists primarily of first-aid
health insurance issuer offering health insur- shall be treated as COBRA continuation cov- services, prevention and wellness care, or similar
ance coverage in the large group market shall erage for purposes of the applicable COBRA care (or a combination thereof)), or eligible for
for purposes of section 2718(b) of the Public continuation coverage provision; or benefits under the Medicare program under title
Health Service Act (42 U.S.C. 300gg–18(b)) be in- (II) in the case of any assistance eligible indi- XVIII of the Social Security Act; or
cluded in the calculation of the premium rev- vidual described in paragraph (3)(B), the fur- (II) the first date that such individual is no
enue with respect to such plan or issuer, respec- lough period began with respect to such indi- longer in the furlough period.
tively, and year. vidual. (B) NOTIFICATION REQUIREMENT.—Any assist-
(f) NON-APPLICATION.—The provisions of this (ii) REQUIREMENTS.—Any assistance eligible ance eligible individual shall notify the group
section shall not apply with respect to— individual may elect to enroll in different cov- health plan with respect to which paragraph
(1) any group health plan or group or indi- erage as described in clause (i) only if— (1)(A) applies if such paragraph ceases to apply
vidual health insurance coverage in relation to (I) the employer involved has made a deter- by reason of clause (i)(I) or (ii)(I) of subpara-
its provision of excepted benefits; or mination that such employer will permit such graph (A) (as applicable). Such notice shall be
(2) a grandfathered health plan, as defined in assistance eligible individual to enroll in dif- provided to the group health plan in such time
section 1251(e) of the Patient Protection and Af- ferent coverage as provided under this subpara- and manner as may be specified by the Sec-
fordable Care Act (42 U.S.C. 18011(e)). graph; retary of Labor.
(g) IMPLEMENTATION.—The Secretary, the Sec- (II) the premium for such different coverage (C) SPECIAL ENROLLMENT PERIOD FOLLOWING
retary of Labor, and the Secretary of the Treas- does not exceed the premium for coverage in EXPIRATION OF PREMIUM ASSISTANCE.—Notwith-
ury may implement the provisions of this section which such individual was enrolled at the time standing section 1311 of the Patient Protection
by subregulatory guidance, program instruction, such qualifying event occurred or immediately and Affordable Care Act (42 U.S.C. 18031), the
or otherwise. before such furlough began; expiration of premium assistance pursuant to a
(h) APPROPRIATION.—There are appropriated, (III) the different coverage in which the indi- limitation specified under subparagraph (A)
out of any monies in the Treasury not otherwise vidual elects to enroll is coverage that is also of- shall be treated as a qualifying event for which
appropriated, such sums as may be necessary to fered to the active employees of the employer, any assistance eligible individual is eligible to
carry out this section. who are not in a furlough period, at the time at enroll in a qualified health plan offered through
Subtitle B—Worker Health Coverage which such election is made; and an Exchange under title I of such Act (42 U.S.C.
Protection (IV) the different coverage in which the indi- 18001 et seq.) during a special enrollment period.
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SEC. 30311. SHORT TITLE. vidual elects to enroll is not— (3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For
This subtitle may be cited as the ‘‘Worker (aa) coverage that provides only dental, vi- purposes of this section, the term ‘‘assistance el-
Health Coverage Protection Act’’. sion, counseling, or referral services (or a com- igible individual’’ means, with respect to a pe-
SEC. 30312. PRESERVING HEALTH BENEFITS FOR bination of such services); riod of coverage during the period beginning on
WORKERS. (bb) a qualified small employer health reim- March 1, 2020, and ending on January 31, 2021—
(a) PREMIUM ASSISTANCE FOR COBRA CON- bursement arrangement (as defined in section (A) any individual that is a qualified bene-
TINUATION COVERAGE AND FURLOUGHED CON- 9831(d)(2) of the Internal Revenue Code of 1986); ficiary that—
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H2086 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(i) is eligible for COBRA continuation cov- and shall be the final determination of such Sec- roll in such different coverage under paragraph
erage by reason of a qualifying event specified retary. A reviewing court shall grant deference (1)(B); and
in section 603(2) of the Employee Retirement In- to such Secretary’s determination. The provi- (vii) information regarding any Exchange es-
come Security Act of 1974, section 4980B(f)(3)(B) sions of this paragraph, paragraphs (1) through tablished under title I of the Patient Protection
of the Internal Revenue Code of 1986, section (4), and paragraphs (7) through (9) shall be and Affordable Care Act (42 U.S.C. 18001 et seq.)
2203(2) of the Public Health Service Act, or sec- treated as provisions of title I of the Employee through which a qualified beneficiary may be
tion 8905a of title 5, United States Code (except Retirement Income Security Act of 1974 for pur- eligible to enroll in a qualified health plan, in-
for the voluntary termination of such individ- poses of part 5 of subtitle B of such title. cluding—
ual’s employment by such individual); and (6) DISREGARD OF SUBSIDIES FOR PURPOSES OF
(ii) elects such coverage; or FEDERAL AND STATE PROGRAMS.—Notwith- (I) the publicly accessible internet website ad-
(B) any covered employee that is in a fur- standing any other provision of law, any pre- dress for such Exchange;
lough period that remains eligible for coverage mium assistance with respect to an assistance (II) the publicly accessible internet website
under a group health plan offered by the em- eligible individual under this subsection shall address for the Find Local Help directory main-
ployer of such covered employee. not be considered income, in-kind support, or re- tained by the Department of Health and Human
(4) EXTENSION OF ELECTION PERIOD AND EF- sources for purposes of determining the eligi- Services on the healthcare.gov internet website
FECT ON COVERAGE.— bility of the recipient (or the recipient’s spouse (or a successor website);
(A) IN GENERAL.—For purposes of applying or family) for benefits or assistance, or the (III) a clear explanation that—
section 605(a) of the Employee Retirement In- amount or extent of benefits or assistance, or
come Security Act of 1974, section 4980B(f)(5)(A) (aa) an individual who is eligible for continu-
any other benefit provided under any Federal
of the Internal Revenue Code of 1986, section ation coverage may also be eligible to enroll,
program or any program of a State or political
2205(a) of the Public Health Service Act, and with financial assistance, in a qualified health
subdivision thereof financed in whole or in part
section 8905a(c)(2) of title 5, United States Code, plan offered through such Exchange, but, in the
with Federal funds.
in the case of— (7) COBRA-SPECIFIC NOTICE.— case that such individual elects to enroll in such
(i) an individual who does not have an elec- (A) GENERAL NOTICE.— continuation coverage and subsequently elects
tion of COBRA continuation coverage in effect (i) IN GENERAL.—In the case of notices pro- to terminate such continuation coverage before
on the date of the enactment of this Act but who vided under section 606(a)(4) of the Employee the period of such continuation coverage ex-
would be an assistance eligible individual de- Retirement Income Security Act of 1974 (29 pires, such termination does not initiate a spe-
scribed in paragraph (3)(A) if such election were U.S.C. 1166(4)), section 4980B(f)(6)(D) of the In- cial enrollment period (absent a qualifying event
so in effect; or ternal Revenue Code of 1986, section 2206(4) of specified in section 603(2) of the Employee Re-
(ii) an individual who elected COBRA con- the Public Health Service Act (42 U.S.C. 300bb– tirement Income Security Act of 1974, section
tinuation coverage on or after March 1, 2020, 6(4)), or section 8905a(f)(2)(A) of title 5, United 4980B(f)(3)(B) of the Internal Revenue Code of
and discontinued from such coverage before the States Code, with respect to individuals who, 1986, section 2203(2) of the Public Health Service
date of the enactment of this Act, during the period described in paragraph (3), Act, or section 8905a of title 5, United States
such individual may elect the COBRA continu- become entitled to elect COBRA continuation Code, with respect to such individual); and
ation coverage under the COBRA continuation coverage, the requirements of such provisions (bb) an individual who elects to enroll in con-
coverage provisions containing such provisions shall not be treated as met unless such notices tinuation coverage will remain eligible to enroll
during the period beginning on the date of the include an additional notification to the recipi- in a qualified health plan offered through such
enactment of this Act and ending 60 days after ent a written notice in clear and understandable Exchange during an open enrollment period and
the date on which the notification required language of— may be eligible for financial assistance with re-
under paragraph (7)(C) is provided to such indi- (I) the availability of premium assistance with spect to enrolling in such a qualified health
vidual. respect to such coverage under this subsection; plan;
(B) COMMENCEMENT OF COBRA CONTINUATION and
COVERAGE.—Any COBRA continuation coverage (IV) information on consumer protections with
(II) the option to enroll in different coverage respect to enrolling in a qualified health plan
elected by a qualified beneficiary during an ex- if the employer permits assistance eligible indi-
tended election period under subparagraph offered through such Exchange, including the
viduals described in paragraph (3)(A) to elect requirement for such a qualified health plan to
(A)— enrollment in different coverage (as described in
(i) shall apply as if such qualified beneficiary provide coverage for essential health benefits (as
paragraph (1)(B)). defined in section 1302(b) of such Act (42 U.S.C.
had been covered as of the date of a qualifying (ii) ALTERNATIVE NOTICE.—In the case of
event specified in section 603(2) of the Employee 18022(b))) and the requirements applicable to
COBRA continuation coverage to which the no-
Retirement Income Security Act of 1974, section such a qualified health plan under part A of
tice provision under such sections does not
4980B(f)(3)(B) of the Internal Revenue Code of title XXVII of the Public Health Service Act (42
apply, the Secretary of Labor, in consultation
1986, section 2203(2) of the Public Health Service U.S.C. 300gg et seq.);
with the Secretary of the Treasury and the Sec-
Act, or section 8905a of title 5, United States retary of Health and Human Services, shall, in (V) information on the availability of finan-
Code, except for the voluntary termination of consultation with administrators of the group cial assistance with respect to enrolling in a
such beneficiary’s employment by such bene- health plans (or other entities) that provide or qualified health plan, including the maximum
ficiary, that occurs no earlier than March 1, administer the COBRA continuation coverage income limit for eligibility for the premium tax
2020 (including the treatment of premium pay- involved, provide rules requiring the provision credit under section 36B of the Internal Revenue
ments under paragraph (1)(A) and any cost- of such notice. Code of 1986; and
sharing requirements for items and services (iii) FORM.—The requirement of the additional (VI) information on any special enrollment
under a group health plan); and notification under this subparagraph may be periods during which any assistance eligible in-
(ii) shall not extend beyond the period of met by amendment of existing notice forms or by dividual described in paragraph (3)(A)(i) may be
COBRA continuation coverage that would have inclusion of a separate document with the no- eligible to enroll, with financial assistance, in a
been required under the applicable COBRA con- tice otherwise required. qualified health plan offered through such Ex-
tinuation coverage provision if the coverage had (B) SPECIFIC REQUIREMENTS.—Each additional change (including a special enrollment period
been elected as required under such provision. notification under subparagraph (A) shall in- for which an individual may be eligible due to
(5) EXPEDITED REVIEW OF DENIALS OF PRE- clude— the expiration of premium assistance pursuant
MIUM ASSISTANCE.—In any case in which an in- (i) the forms necessary for establishing eligi- to a limitation specified under paragraph
dividual requests treatment as an assistance eli- bility for premium assistance under this sub- (2)(A)).
gible individual described in subparagraph (A) section;
or (B) of paragraph (3) and is denied such treat- (C) NOTICE IN CONNECTION WITH EXTENDED
(ii) the name, address, and telephone number
ment by the group health plan, the Secretary of ELECTION PERIODS.—In the case of any assist-
necessary to contact the plan administrator and
Labor (or the Secretary of Health and Human ance eligible individual described in paragraph
any other person maintaining relevant informa-
Services in connection with COBRA continu- (3)(A) (or any individual described in paragraph
tion in connection with such premium assist-
ation coverage which is provided other than (4)(A)) who became entitled to elect COBRA
ance;
pursuant to part 6 of subtitle B of title I of the continuation coverage before the date of the en-
(iii) a description of the extended election pe-
Employee Retirement Income Security Act of actment of this Act, the administrator of the ap-
riod provided for in paragraph (4)(A);
1974), in consultation with the Secretary of the (iv) a description of the obligation of the plicable group health plan (or other entity)
Treasury, shall provide for expedited review of qualified beneficiary under paragraph (2)(B) shall provide (within 60 days after the date of
such denial. An individual shall be entitled to and the penalty provided under section 6720C of enactment of this Act) for the additional notifi-
such review upon application to such Secretary the Internal Revenue Code of 1986 for failure to cation required to be provided under subpara-
in such form and manner as shall be provided carry out the obligation; graph (A) and failure to provide such notice
shall be treated as a failure to meet the notice
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by such Secretary, in consultation with the Sec- (v) a description, displayed in a prominent
retary of Treasury. Such Secretary shall make a manner, of the qualified beneficiary’s right to a requirements under the applicable COBRA con-
determination regarding such individual’s eligi- reduced premium and any conditions on entitle- tinuation provision.
bility within 15 business days after receipt of ment to the reduced premium; (D) MODEL NOTICES.—Not later than 30 days
such individual’s application for review under (vi) a description of the option of the qualified after the date of enactment of this Act, with re-
this paragraph. Either Secretary’s determina- beneficiary to enroll in different coverage if the spect to any assistance eligible individual de-
tion upon review of the denial shall be de novo employer permits such beneficiary to elect to en- scribed in paragraph (3)(A)—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2087
(i) the Secretary of Labor, in consultation (I) COBRA continuation coverage; or (B) COBRA CONTINUATION COVERAGE.—The
with the Secretary of the Treasury and the Sec- (II) coverage under a group health plan; term ‘‘COBRA continuation coverage’’ means
retary of Health and Human Services, shall pre- (iii) that the expiration of premium assistance continuation coverage provided pursuant to
scribe models for the additional notification re- is treated as a qualifying event for which any part 6 of subtitle B of title I of the Employee Re-
quired under this paragraph (other than the ad- assistance eligible individual is eligible to enroll tirement Income Security Act of 1974 (other than
ditional notification described in clause (ii)); in a qualified health plan offered through an under section 609), title XXII of the Public
and Exchange under title I of such Act (42 U.S.C. Health Service Act, section 4980B of the Internal
(ii) in the case of any additional notification 18001 et seq.) during a special enrollment period; Revenue Code of 1986 (other than subsection
provided pursuant to subparagraph (A) under and (f)(1) of such section insofar as it relates to pedi-
section 8905a(f)(2)(A) of title 5, United States (iv) the information specified in paragraph atric vaccines), or section 8905a of title 5, United
Code, the Office of Personnel Management shall (7)(B)(vii). States Code, or under a State program that pro-
prescribe a model for such additional notifica- (B) EXCEPTION.—The requirement for the
vides comparable continuation coverage. Such
tion. group health plan administrator to provide the
term does not include coverage under a health
(8) FURLOUGH-SPECIFIC NOTICE.— written notice under subparagraph (A) shall be
flexible spending arrangement under a cafeteria
(A) IN GENERAL.—With respect to any assist- waived in the case the premium assistance for
plan within the meaning of section 125 of the
ance eligible individual described in paragraph such individual expires pursuant to clause (i)(I)
Internal Revenue Code of 1986.
(3)(B) who, during the period described in such or (ii)(I) of paragraph (2)(A).
(C) PERIOD SPECIFIED.—For purposes of sub- (C) COBRA CONTINUATION PROVISION.—The
paragraph, becomes eligible for assistance pur- term ‘‘COBRA continuation provision’’ means
suant to paragraph (1)(A)(ii), the requirements paragraph (A), the period specified in this sub-
paragraph is, with respect to the date of expira- the provisions of law described in subparagraph
of section 606(a)(4) of the Employee Retirement (B).
Income Security Act of 1974 (29 U.S.C. 1166(4)), tion of premium assistance for any assistance el-
igible individual pursuant to a limitation requir- (D) COVERED EMPLOYEE.—The term ‘‘covered
section 4980B(f)(6)(D) of the Internal Revenue employee’’ has the meaning given such term in
Code of 1986, section 2206(4) of the Public ing a notice under this paragraph, the period
beginning on the day that is 45 days before the section 607(2) of the Employee Retirement In-
Health Service Act (42 U.S.C. 300bb–6(4)), or sec- come Security Act of 1974.
tion 8905a(f)(2)(A) of title 5, United States Code, date of such expiration and ending on the day
(E) QUALIFIED BENEFICIARY.—The term
shall not be treated as met unless the group that is 15 days before the date of such expira-
tion. ‘‘qualified beneficiary’’ has the meaning given
health plan administrator, in accordance with such term in section 607(3) of the Employee Re-
the timing requirement specified under subpara- (D) MODEL NOTICES.—Not later than 30 days
after the date of enactment of this Act, with re- tirement Income Security Act of 1974.
graph (B), provides to the individual a written (F) GROUP HEALTH PLAN.—The term ‘‘group
spect to any assistance eligible individual—
notice in clear and understandable language health plan’’ has the meaning given such term
(i) the Secretary of Labor, in consultation
of— in section 607(1) of the Employee Retirement In-
with the Secretary of the Treasury and the Sec-
(i) the availability of premium assistance with come Security Act of 1974.
retary of Health and Human Services, shall pre-
respect to such coverage under this subsection; (G) STATE.—The term ‘‘State’’ includes the
(ii) the option of the qualified beneficiary to scribe models for the notification required under
this paragraph (other than the notification de- District of Columbia, the Commonwealth of
enroll in different coverage if the employer per- Puerto Rico, the Virgin Islands, Guam, Amer-
mits such beneficiary to elect to enroll in such scribed in clause (ii)); and
(ii) in the case of any notification provided ican Samoa, and the Commonwealth of the
different coverage under paragraph (1)(B); and Northern Mariana Islands.
(iii) the information specified under para- pursuant to subparagraph (A) under section
8905a(f)(2)(A) of title 5, United States Code, the (H) PERIOD OF COVERAGE.—Any reference in
graph (7)(B) (as applicable).
Office of Personnel Management shall prescribe this subsection to a period of coverage shall be
(B) TIMING SPECIFIED.—For purposes of sub-
a model for such notification. treated as a reference to a monthly or shorter
paragraph (A), the timing requirement specified
(10) REGULATIONS.—The Secretary of the period of coverage with respect to which pre-
in this subparagraph is—
(i) with respect to such an individual who is Treasury and the Secretary of Labor may joint- miums are charged with respect to such cov-
within a furlough period during the period be- ly prescribe such regulations or other guidance erage.
ginning on March 1, 2020, and ending on the as may be necessary or appropriate to carry out (I) PLAN SPONSOR.—The term ‘‘plan sponsor’’
date of the enactment of this Act, 30 days after the provisions of this subsection, including the has the meaning given such term in section
the date of such enactment; and prevention of fraud and abuse under this sub- 3(16)(B) of the Employee Retirement Income Se-
(ii) with respect to such an individual who is section, except that the Secretary of Labor and curity Act of 1974.
within a furlough period during the period be- the Secretary of Health and Human Services (J) FURLOUGH PERIOD.—
ginning on the first day after the date of the en- may prescribe such regulations (including in- (i) IN GENERAL.—The term ‘‘furlough period’’
actment of this Act and ending on January 31, terim final regulations) or other guidance as means, with respect to an individual and an em-
2021, 30 days after the date of the beginning of may be necessary or appropriate to carry out ployer of such individual, a period—
such furlough period. the provisions of paragraphs (5), (7), (8), (9), (I) beginning with the first month beginning
(C) MODEL NOTICES.—Not later than 30 days and (11). on or after March 1, 2020 and before January 31,
after the date of enactment of this Act, with re- (11) OUTREACH.— 2021, during which such individual’s employer
spect to any assistance eligible individual de- (A) IN GENERAL.—The Secretary of Labor, in reduces such individual’s work hours (due to a
scribed in paragraph (3)(B)— consultation with the Secretary of the Treasury lack of work, funds, or other nondisciplinary
(i) the Secretary of Labor, in consultation and the Secretary of Health and Human Serv- reason) to an amount that is less than 70 per-
with the Secretary of the Treasury and the Sec- ices, shall provide outreach consisting of public cent of the base month amount; and
retary of Health and Human Services, shall pre- education and enrollment assistance relating to (II) ending with the earlier of—
scribe models for the notification required under premium assistance provided under this sub- (aa) the first month beginning after January
this paragraph (other than the notification de- section. Such outreach shall target employers, 31, 2021; or
scribed in clause (ii)); and group health plan administrators, public assist- (bb) the month following the first month dur-
(ii) in the case of any notification provided ance programs, States, insurers, and other enti- ing which work hours of such employee are
pursuant to subparagraph (A) under section ties as determined appropriate by such Secre- greater than 80 percent of work hours of the
8905a(f)(2)(A) of title 5, United States Code, the taries. Such outreach shall include an initial base month amount.
Office of Personnel Management shall prescribe focus on those individuals electing continuation (ii) BASE MONTH AMOUNT.—For purposes of
a model for such notification. coverage who are referred to in paragraph clause (i), the term ‘‘base month amount’’
(9) NOTICE OF EXPIRATION OF PERIOD OF PRE- (7)(C). Information on such premium assistance, means, with respect to an individual and an em-
MIUM ASSISTANCE.— including enrollment, shall also be made avail- ployer of such individual, the greater of—
(A) IN GENERAL.—With respect to any assist- able on websites of the Departments of Labor, (I) such individual’s work hours in the month
ance eligible individual, subject to subpara- Treasury, and Health and Human Services. prior (or in the case such individual had no
graph (B), the requirements of section 606(a)(4) (B) ENROLLMENT UNDER MEDICARE.—The Sec- work hours in the month prior and had work
of the Employee Retirement Income Security Act retary of Health and Human Services shall pro- hours in the 3 months prior, the last month with
of 1974 (29 U.S.C. 1166(4)), section 4980B(f)(6)(D) vide outreach consisting of public education. work hours within the prior 3 months); and
of the Internal Revenue Code of 1986, section Such outreach shall target individuals who lose (II) such individual’s work hours during the
2206(4) of the Public Health Service Act (42 health insurance coverage. Such outreach shall period beginning January 1, 2020 and ending
U.S.C. 300bb–6(4)), or section 8905a(f)(2)(A) of include information regarding enrollment for January 31, 2020.
title 5, United States Code, shall not be treated benefits under title XVIII of the Social Security (13) REPORTS.—
as met unless the employer of the individual, Act (42 U.S.C. 1395 et seq.) for purposes of pre- (A) INTERIM REPORT.—The Secretary of the
during the period specified under subparagraph venting mistaken delays of such enrollment by Treasury and the Secretary of Labor shall joint-
(C), provides to such individual a written notice such individuals, including lifetime penalties for ly submit an interim report to the Committee on
dlhill on DSK120RN23PROD with HOUSE
in clear and understandable language— failure of timely enrollment. Education and Labor, the Committee on Ways
(i) that the premium assistance for such indi- (12) DEFINITIONS.—For purposes of this sec- and Means, and the Committee on Energy and
vidual will expire soon and the prominent iden- tion: Commerce of the House of Representatives and
tification of the date of such expiration; (A) ADMINISTRATOR.—The term ‘‘adminis- the Committee on Health, Education, Labor,
(ii) that such individual may be eligible for trator’’ has the meaning given such term in sec- and Pensions and the Committee on Finance of
coverage without any premium assistance tion 3(16)(A) of the Employee Retirement Income the Senate regarding the premium assistance
through— Security Act of 1974. provided under this subsection that includes—
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H2088 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(i) the number of individuals provided such quarter, such excess shall be treated as an over- ‘‘(3) to allow the advance payment of the
assistance as of the date of the report; and payment that shall be refunded under sections credit determined under subsection (a), subject
(ii) the total amount of expenditures incurred 6402(a) and 6413(b). to the limitations provided in this section, based
(with administrative expenditures noted sepa- ‘‘(B) CREDIT MAY BE ADVANCED.—In anticipa- on such information as the Secretary shall re-
rately) in connection with such assistance as of tion of the credit, including the refundable por- quire,
the date of the report. tion under subparagraph (A), the credit may be ‘‘(4) to provide for the reconciliation of such
(B) FINAL REPORT.—As soon as practicable advanced, according to forms and instructions advance payment with the amount of the credit
after the last period of COBRA continuation provided by the Secretary, up to an amount cal- at the time of filing the return of tax for the ap-
coverage for which premium assistance is pro- culated under subsection (a) through the end of plicable quarter or taxable year, and
vided under this section, the Secretary of the the most recent payroll period in the quarter. ‘‘(5) with respect to the application of the
Treasury and the Secretary of Labor shall joint- ‘‘(C) TREATMENT OF DEPOSITS.—The Secretary credit to third party payors (including profes-
ly submit a final report to each Committee re- shall waive any penalty under section 6656 for sional employer organizations, certified profes-
ferred to in subparagraph (A) that includes— any failure to make a deposit of the tax imposed sional employer organizations, or agents under
(i) the number of individuals provided pre- by section 3111(a), or so much of the taxes im- section 3504).’’.
mium assistance under this section; posed under section 3221(a) as are attributable (B) SOCIAL SECURITY TRUST FUNDS HELD
(ii) the average dollar amount (monthly and to the rate in effect under section 3111(a), if the HARMLESS.—There are hereby appropriated to
annually) of premium assistance provided to Secretary determines that such failure was due the Federal Old-Age and Survivors Insurance
such individuals; and to the anticipation of the credit allowed under Trust Fund and the Federal Disability Insur-
(iii) the total amount of expenditures incurred this section. ance Trust Fund established under section 201
(with administrative expenditures noted sepa- ‘‘(D) TREATMENT OF PAYMENTS.—For purposes of the Social Security Act (42 U.S.C. 401) and
rately) in connection with premium assistance of section 1324 of title 31, United States Code, the Social Security Equivalent Benefit Account
under this section. any amounts due to an employer under this established under section 15A(a) of the Railroad
(14) COBRA PREMIUM ASSISTANCE.— paragraph shall be treated in the same manner Retirement Act of 1974 (45 U.S.C. 231n–1(a))
(A) IN GENERAL.—Subchapter B of chapter 65 as a refund due from a credit provision referred amounts equal to the reduction in revenues to
of the Internal Revenue Code of 1986 is amended to in subsection (b)(2) of such section. the Treasury by reason of this section (without
by adding at the end the following new section: ‘‘(3) LIMITATION ON REIMBURSEMENT FOR FUR- regard to this subparagraph). Amounts appro-
‘‘SEC. 6432. CONTINUATION COVERAGE PREMIUM LOUGHED EMPLOYEES.—In the case of an indi- priated by the preceding sentence shall be trans-
ASSISTANCE. vidual who for any month is an assistance eligi- ferred from the general fund at such times and
‘‘(a) IN GENERAL.—The person to whom pre- ble individual described in section 30312(a)(3)(B) in such manner as to replicate to the extent pos-
miums are payable for continuation coverage of the Worker Health Coverage Protection Act sible the transfers which would have occurred to
under section 30312(a)(1) of the Worker Health with respect to any coverage, the credit deter- such Trust Fund or Account had this section
Coverage Protection Act shall be allowed as a mined with respect to such individual under not been enacted.
credit against the tax imposed by section subsection (a) for any such month ending dur- (C) CLERICAL AMENDMENT.—The table of sec-
3111(a), or so much of the taxes imposed under ing a calendar quarter shall not exceed the tions for subchapter B of chapter 65 of the In-
section 3221(a) as are attributable to the rate in amount of premium the individual would have ternal Revenue Code of 1986 is amended by add-
effect under section 3111(a), for each calendar paid for a full month of such coverage for the ing at the end the following new item:
quarter an amount equal to the premiums not month preceding the first month for which an ‘‘Sec. 6432. Continuation coverage premium as-
paid by assistance eligible individuals for such individual is such an assistance eligible indi- sistance.’’.
coverage by reason of such section 30312(a)(1) vidual. (D) EFFECTIVE DATE.—The amendments made
with respect to such calendar quarter. ‘‘(d) GOVERNMENTAL ENTITIES.—For purposes by this paragraph shall apply to premiums to
‘‘(b) PERSON TO WHOM PREMIUMS ARE PAY- of this section, the term ‘person’ includes any which subsection (a)(1)(A) applies.
ABLE.—For purposes of subsection (a), except as governmental entity or Indian tribal government (E) SPECIAL RULE IN CASE OF EMPLOYEE PAY-
otherwise provided by the Secretary, the person (as defined in section 139E(c)(1)). MENT THAT IS NOT REQUIRED UNDER THIS SEC-
to whom premiums are payable under such con- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur- TION.—
tinuation coverage shall be treated as being— poses of chapter 1, the gross income of any per- (i) IN GENERAL.—In the case of an assistance
‘‘(1) in the case of any group health plan son allowed a credit under this section shall be eligible individual who pays, with respect any
which is a multiemployer plan (as defined in increased for the taxable year which includes period of coverage to which subsection (a)(1)(A)
section 3(37) of the Employee Retirement Income the last day of any calendar quarter with re- applies, the amount of the premium for such
Security Act of 1974), the plan, spect to which such credit is allowed by the coverage that the individual would have (but
‘‘(2) in the case of any group health plan not amount of such credit. No amount for which a for this Act) been required to pay, the person to
described in paragraph (1)— credit is allowed under this section shall be whom such payment is payable shall reimburse
‘‘(A) which provides furlough continuation taken into account as qualified wages under such individual for the amount of such premium
coverage described in section 30312(a)(1)(A)(ii) section 2301 of the CARES Act or as qualified paid.
of the Worker Health Coverage Protection Act health plan expenses under section 7001(d) or (ii) CREDIT OF REIMBURSEMENT.—A person to
or subject to the COBRA continuation provi- 7003(d) of the Families First Coronavirus Re- which clause (i) applies shall be allowed a credit
sions contained in— sponse Act. in the manner provided under section 6432 of the
‘‘(i) this title, ‘‘(f) REPORTING.—Each person entitled to re- Internal Revenue Code of 1986 for any payment
‘‘(ii) the Employee Retirement Income Security imbursement under subsection (a) for any period made to the employee under such clause.
Act of 1974, shall submit such reports (at such time and in (iii) PAYMENT OF CREDITS.—Any person to
‘‘(iii) the Public Health Service Act, or such manner) as the Secretary may require, in- which clause (i) applies shall make the payment
‘‘(iv) title 5, United States Code, or cluding— required under such clause to the individual not
‘‘(B) under which some or all of the coverage ‘‘(1) an attestation of involuntary termination later than 60 days after the date on which such
is not provided by insurance, of employment, reduction of hours, or fur- individual elects continuation coverage under
the employer maintaining the plan, and loughing, for each assistance eligible individual section 30312(a)(1) of the Worker Health Cov-
‘‘(3) in the case of any group health plan not on the basis of whose termination, reduction of erage Protection Act.
described in paragraph (1) or (2), the insurer hours, or furloughing entitlement to reimburse- (15) PENALTY FOR FAILURE TO NOTIFY HEALTH
providing the coverage under the group health ment is claimed under subsection (a), PLAN OF CESSATION OF ELIGIBILITY FOR PREMIUM
plan. ‘‘(2) a report of the amount of payroll taxes ASSISTANCE.—
‘‘(c) LIMITATIONS AND REFUNDABILITY.— offset under subsection (a) for the reporting pe- (A) IN GENERAL.—Part I of subchapter B of
‘‘(1) CREDIT LIMITED TO CERTAIN EMPLOYMENT riod, and chapter 68 of the Internal Revenue Code of 1986
TAXES.—The credit allowed by subsection (a) ‘‘(3) a report containing the TINs of all cov- is amended by adding at the end the following
with respect to any calendar quarter shall not ered employees, the amount of subsidy reim- new section:
exceed the tax imposed by section 3111(a), or so bursed with respect to each employee, and a des- ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
much of the taxes imposed under section 3221(a) ignation with respect to each employee as to HEALTH PLAN OF CESSATION OF
as are attributable to the rate in effect under whether the subsidy reimbursement is for cov- ELIGIBILITY FOR CONTINUATION
section 3111(a), for such calendar quarter (re- erage of 1 individual or 2 or more individuals. COVERAGE PREMIUM ASSISTANCE.
duced by any credits allowed under subsections ‘‘(g) REGULATIONS.—The Secretary shall issue ‘‘(a) IN GENERAL.—Except in the case of fail-
(e) and (f) of section 3111, sections 7001 and 7003 such regulations or other guidance as may be ure described in subsection (b) or (c), any person
of the Families First Coronavirus Response Act, necessary or appropriate to carry out this sec- required to notify a group health plan under
section 2301 of the CARES Act, and sections tion, including— section 30312(a)(2)(B) of the Worker Health Cov-
20204 and 20212 of the COVID–19 Tax Relief Act ‘‘(1) the requirement to report information or erage Protection Act who fails to make such a
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of 2020 for such quarter) on the wages paid with the establishment of other methods for verifying notification at such time and in such manner as
respect to the employment of all employees of the correct amounts of reimbursements under the Secretary of Labor may require shall pay a
the employer. this section, penalty of $250.
‘‘(2) REFUNDABILITY OF EXCESS CREDIT.— ‘‘(2) the application of this section to group ‘‘(b) INTENTIONAL FAILURE.—In the case of
‘‘(A) CREDIT IS REFUNDABLE.—If the amount health plans that are multiemployer plans (as any such failure that is fraudulent, such person
of the credit under subsection (a) exceeds the defined in section 3(37) of the Employee Retire- shall pay a penalty equal to the greater of—
limitation of paragraph (1) for any calendar ment Income Security Act of 1974), ‘‘(1) $250, or
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2089
‘‘(2) 110 percent of the premium assistance medical care furnished on or after the date of tective equipment, medical devices, testing sup-
provided under section 30312(a)(1)(A) of such the enactment of this Act. plies, drugs, and vaccines;
Act after termination of eligibility under such SEC. 30402. PROHIBITION ON COPAYMENTS AND (4) procure and distribute critical medical sup-
section. COST SHARING FOR VETERANS RE- plies and equipment, including personal protec-
‘‘(c) REASONABLE CAUSE EXCEPTION.—No pen- CEIVING COVID–19 TREATMENT FUR- tive equipment, medical devices, testing supplies,
alty shall be imposed under this section with re- NISHED BY DEPARTMENT OF VET- drugs, and vaccines;
spect to any failure if it is shown that such fail- ERANS AFFAIRS.
(5)(A) establish and maintain an up-to-date
ure is due to reasonable cause and not to willful (a) IN GENERAL.—Section 6006(b) of the Fami- national database of hospital capacity, includ-
neglect.’’. lies First Coronavirus Response Act (Public Law ing beds, ventilators, and supplies, including
(B) CLERICAL AMENDMENT.—The table of sec- 116–127; 38 U.S.C. 1701 note) is amended by personal protective equipment, medical devices,
tions of part I of subchapter B of chapter 68 of striking ‘‘or visits described in paragraph (2) of drugs, and vaccines; and
such Code is amended by adding at the end the such section’’ and inserting ‘‘, visits described in (B) provide weekly reports to the Congress on
following new item: paragraph (2) of such section, or hospital care gaps in such capacity and progress made toward
‘‘Sec. 6720C. Penalty for failure to notify health or medical services to treat COVID–19’’. closing the gaps;
plan of cessation of eligibility for (b) EFFECTIVE DATE.—The amendment made (6) require, as necessary, industry reporting
continuation coverage premium by subsection (a) shall apply with respect to on production and distribution of personal pro-
assistance.’’. hospital care and medical services furnished on tective equipment, medical devices, testing sup-
(16) COORDINATION WITH HCTC.— or after the date of the enactment of this Act. plies, drugs, and vaccines and assess financial
(A) IN GENERAL.—Section 35(g)(9) of the Inter- SEC. 30403. PROHIBITION ON COPAYMENTS AND penalties as may be specified by the Medical
nal Revenue Code of 1986 is amended to read as COST SHARING FOR FEDERAL CIVIL- Supplies Response Coordinator for failure to
follows: IAN EMPLOYEES RECEIVING COVID–
19 TREATMENT.
comply with such requirements for reporting on
‘‘(9) CONTINUATION COVERAGE PREMIUM AS- production and distribution;
SISTANCE.—In the case of an assistance eligible (a) IN GENERAL.—Section 6006(c) of the Fami-
(7) consult with the Secretary and the Admin-
individual who receives premium assistance for lies First Coronavirus Response Act (Public Law
istrator of the Federal Emergency Management
continuation coverage under section 30312(a)(1) 116–127; 5 U.S.C. 8904 note) is amended by strik-
Agency, as applicable, to ensure sufficient pro-
of the Worker Health Coverage Protection Act ing ‘‘or visits described in paragraph (2) of such
duction levels under the Defense Production Act
for any month during the taxable year, such in- section’’ and inserting ‘‘, visits described in
of 1950 (50 U.S.C. 4501 et seq.); and
dividual shall not be treated as an eligible indi- paragraph (2) of such section, or hospital care
(8) monitor the prices of critical medical sup-
vidual, a certified individual, or a qualifying or medical services to treat COVID–19’’.
plies and equipment, including personal protec-
family member for purposes of this section or (b) EFFECTIVE DATE.—The amendment made
tive equipment and medical devices, drugs, and
section 7527 with respect to such month.’’. by subsection (a) shall apply with respect to
vaccines related to detecting, diagnosing, pre-
(B) EFFECTIVE DATE.—The amendment made hospital care and medical services furnished on
venting, and treating COVID–19 and report any
by subparagraph (A) shall apply to taxable or after the date of the enactment of this Act.
suspected price gouging of such materials to the
years ending after the date of the enactment of TITLE V—PUBLIC HEALTH POLICIES Federal Trade Commission and appropriate law
this Act. SEC. 30501. DEFINITIONS. enforcement officials.
(17) EXCLUSION OF CONTINUATION COVERAGE
In this title: SEC. 30512. INFORMATION TO BE INCLUDED IN
PREMIUM ASSISTANCE FROM GROSS INCOME.—
(1) Except as inconsistent with the provisions LIST OF DEVICES DETERMINED TO
(A) IN GENERAL.—Part III of subchapter B of BE IN SHORTAGE.
of this title, the term ‘‘Secretary’’ means the
chapter 1 of the Internal Revenue Code of 1986
Secretary of Health and Human Services. Section 506J(g)(2)(A) of the Federal Food,
is amended by inserting after section 139H the
(2) The term ‘‘State’’ refers to each of the 50 Drug, and Cosmetic Act, as added by section
following new section:
States and the District of Columbia. 3121 of the CARES Act (Public Law 116–136), is
‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
ASSISTANCE.
(3) The term ‘‘Tribal’’, with respect to a de- amended by inserting ‘‘, including the device
partment of health (or health department), in- identifier or national product code for such de-
‘‘In the case of an assistance eligible indi-
cludes— vice, if applicable’’ before the period at the end.
vidual (as defined in subsection (a)(3) of section
(A) Indian Tribes that— SEC. 30513. EXTENDED SHELF LIFE DATES FOR
30312 of the Worker Health Coverage Protection
(i) are operating one or more health facilities ESSENTIAL DEVICES.
Act), gross income does not include any pre-
pursuant to an agreement under the Indian (a) IN GENERAL.—The Federal Food, Drug,
mium assistance provided under subsection
Self-Determination and Education Assistance and Cosmetic Act is amended by inserting after
(a)(1) of such section.’’.
Act (25 U.S.C. 5301 et seq.); or section 506J (21 U.S.C. 356j) the following:
(B) CLERICAL AMENDMENT.—The table of sec-
(ii) receive services from a facility operated by ‘‘SEC. 506K. EXTENDED SHELF LIFE DATES FOR
tions for part III of subchapter B of chapter 1
the Indian Health Services; and ESSENTIAL DEVICES.
of such Code is amended by inserting after the
(B) Tribal organizations and Urban Indian ‘‘(a) IN GENERAL.—A manufacturer of a device
item relating to section 139H the following new
organizations. subject to notification requirements under sec-
item:
‘‘Sec. 139I. Continuation coverage premium as- Subtitle A—Supply Chain Improvements tion 506J (in this section referred to as an ‘es-
sistance.’’. SEC. 30511. MEDICAL SUPPLIES RESPONSE COOR- sential device’) shall—
(C) EFFECTIVE DATE.—The amendments made DINATOR. ‘‘(1) submit to the Secretary data and infor-
by this paragraph shall apply to taxable years (a) IN GENERAL.—The President shall appoint mation as required by subsection (b)(1);
ending after the date of the enactment of this a Medical Supplies Response Coordinator to co- ‘‘(2) conduct and submit the results of any
Act. ordinate the efforts of the Federal Government studies required under subsection (b)(3); and
(18) DEADLINES WITH RESPECT TO NOTICES.— regarding the supply and distribution of critical ‘‘(3) make any labeling change described in
Notwithstanding section 518 of the Employee medical supplies and equipment related to de- subsection (c) by the date specified by the Sec-
Retirement Income Security Act of 1974 and sec- tecting, diagnosing, preventing, and treating retary pursuant to such subsection.
tion 7508A of the Internal Revenue Code of 1986, COVID–19, including personal protective equip- ‘‘(b) NOTIFICATION.—
the Secretary of Labor and the Secretary of the ment, medical devices, drugs, and vaccines. ‘‘(1) IN GENERAL.—The Secretary may issue an
Treasury, respectively, may not waive or extend (b) QUALIFICATIONS.—To qualify to be ap- order requiring the manufacturer of any essen-
any deadline with respect to the provision of no- pointed as the Medical Supplies Response Coor- tial device to submit, in such manner as the Sec-
tices described in paragraphs (7), (8), and (9). dinator, an individual shall be a senior govern- retary may prescribe, data and information from
(b) RULE OF CONSTRUCTION.—In all matters of ment official with— any stage of development of the device (includ-
interpretation, rules, and operational proce- (1) health care training, including training re- ing pilot, investigational, and final product val-
dures, the language of this section shall be in- lated to infectious diseases or hazardous expo- idation) that are adequate to assess the shelf life
terpreted broadly for the benefit of workers and sures; and of the device to determine the longest supported
their families. (2) a familiarity with medical supply chain lo- expiration date.
TITLE IV—APPLICATION TO OTHER gistics. ‘‘(2) UNAVAILABLE OR INSUFFICIENT DATA AND
HEALTH PROGRAMS (c) ACTIVITIES.—The Medical Supplies Re- INFORMATION.—If the data and information re-
SEC. 30401. PROHIBITION ON COPAYMENTS AND sponse Coordinator shall— ferred to in paragraph (1) are not available or
COST SHARING FOR TRICARE BENE- (1) consult with State, local, territorial, and are insufficient, the Secretary may require the
FICIARIES RECEIVING COVID–19 Tribal officials to ensure that health care facili- manufacturer of the device to—
TREATMENT. ties and health care workers have sufficient per- ‘‘(A) conduct studies adequate to provide the
(a) IN GENERAL.—Section 6006(a) of the Fami- sonal protective equipment and other medical data and information; and
lies First Coronavirus Response Act (Public Law supplies; ‘‘(B) submit to the Secretary the results, data,
dlhill on DSK120RN23PROD with HOUSE
116–127; 38 U.S.C. 1074 note) is amended by (2) evaluate ongoing needs of States, local- and information generated by such studies
striking ‘‘or visits described in paragraph (2) of ities, territories, Tribes, health care facilities, when available.
such section’’ and inserting ‘‘, visits described in and health care workers to determine the need ‘‘(c) LABELING.—The Secretary may issue an
paragraph (2) of such section, or medical care to for critical medical supplies and equipment; order requiring the manufacturer of an essential
treat COVID–19’’. (3) serve as a point of contact for industry for device to make by a specified date any labeling
(b) EFFECTIVE DATE.—The amendment made procurement and distribution of critical medical change regarding the expiration period that the
by subsection (a) shall apply with respect to supplies and equipment, including personal pro- Secretary determines to be appropriate based on
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H2090 CONGRESSIONAL RECORD — HOUSE May 15, 2020
the data and information required to be sub- (1) by redesignating subparagraphs (1), (2), (1) establish a committee of experts who are
mitted under this section or any other data and and (3) as clauses (A), (B), and (C), respec- knowledgeable about drug and device supply
information available to the Secretary. tively; and issues, including—
‘‘(d) CONFIDENTIALITY.—Nothing in this sec- (2) after making such redesignations— (A) sourcing and production of critical drugs
tion shall be construed as authorizing the Sec- (A) by striking ‘‘(h) The term’’ and inserting and devices;
retary to disclose any information that is a ‘‘(h)(1) The term’’; and (B) sourcing and production of active phar-
trade secret or confidential information subject (B) by adding at the end the following: maceutical ingredients in critical drugs;
to section 552(b)(4) of title 5, United States Code, ‘‘(2) The term ‘counterfeit device’ means a de- (C) the raw materials and other components
or section 1905 of title 18, United States Code.’’. vice which, or the container, packaging, or la- for critical drugs and devices; and
(b) CIVIL MONETARY PENALTY.—Section 303(f) beling of which, without authorization, bears a (D) the public health and national security
of the Federal Food, Drug, and Cosmetic Act (21 trademark, trade name, or other identifying implications of the current supply chain for crit-
U.S.C. 333(f)) is amended by adding at the end mark, imprint, or symbol, or any likeness there- ical drugs and devices;
the following: of, or is manufactured using a design, of a de- (2) convene a public symposium to—
‘‘(10) CIVIL MONETARY PENALTY WITH RE- vice manufacturer, packer, or distributor other (A) analyze the impact of United States de-
SPECT TO EXTENDED SHELF LIFE DATES FOR ES- than the person or persons who in fact manu- pendence on the foreign manufacturing of crit-
SENTIAL DEVICES.—If the manufacturer of a de- factured, packed, or distributed such device and ical drugs and devices on patient access and
vice subject to notification requirements under which thereby falsely purports or is represented care, including in hospitals and intensive care
section 506J violates section 506K by failing to to be the product of, or to have been packed or units; and
submit data and information as required under distributed by, such other device manufacturer, (B) recommend strategies to end United States
section 506K(b)(1), failing to conduct or submit packer, or distributor. dependence on foreign manufacturing to ensure
the results of studies as required under section ‘‘(3) For purposes of subparagraph (2)— the United States has a diverse and vital supply
506K(b)(3), or failing to make a labeling change ‘‘(A) the term ‘manufactured’ refers to any of chain for critical drugs and devices to protect
as required under section 506K(c), such manu- the following activities: manufacture, prepara- the Nation from natural or hostile occurrences;
facturer shall be liable to the United States for tion, propagation, compounding, assembly, or and
a civil penalty in an amount not to exceed processing; and (3) submit a report on the symposium’s pro-
$10,000 for each such violation.’’. ‘‘(B) the term ‘manufacturer’ means a person ceedings to the Congress and publish a summary
(c) EMERGENCY USE ELIGIBLE PRODUCTS.— who is engaged in any of the activities listed in of such proceedings on the public website of the
Subparagraph (A) of section 564A(a)(1) of the clause (A).’’. National Academies.
Federal Food, Drug, and Cosmetic Act (21 SEC. 30515. REPORTING REQUIREMENT FOR (b) SYMPOSIUM.—In carrying out the agree-
DRUG MANUFACTURERS.
U.S.C. 360bbb–3a(a)(1)) is amended to read as ment under subsection (a), the National Acad-
follows: (a) ESTABLISHMENTS IN A FOREIGN COUNTRY.— emies shall consult with—
‘‘(A) is approved or cleared under this chap- Section 510(i) of the Federal Food, Drug, and (1) the Department of Health and Human
ter, otherwise listed as a device pursuant to sec- Cosmetic Act (21 U.S.C. 360(i)) is amended by in- Services, the Department of Homeland Security,
tion 510(j), conditionally approved under section serting at the end the following new paragraph: the Department of Defense, the Department of
‘‘(5) The requirements of paragraphs (1) and
571, or licensed under section 351 of the Public Commerce, the Department of State, the Depart-
(2) shall apply to establishments within a for-
Health Service Act;’’. ment of Veterans Affairs, the Department of
eign country engaged in the manufacture, prep-
SEC. 30514. AUTHORITY TO DESTROY COUNTER- Justice, and any other Federal agencies as ap-
FEIT DEVICES. aration, propagation, compounding, or proc-
propriate; and
(a) IN GENERAL.—Section 801(a) of the Federal essing of any drug, including the active phar- (2) relevant stakeholders, including drug and
Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)) maceutical ingredient, that is required to be list- device manufacturers, health care providers,
is amended— ed pursuant to subsection (j). Such requirements medical professional societies, State-based soci-
(1) in the fourth sentence, by inserting ‘‘or shall apply regardless of whether the drug or eties, public health experts, State and local pub-
counterfeit device’’ after ‘‘counterfeit drug’’; active pharmaceutical ingredient undergoes fur- lic health departments, State medical boards,
and ther manufacture, preparation, propagation, patient groups, health care distributors, whole-
(2) by striking ‘‘The Secretary of the Treasury compounding, or processing at a separate estab- salers and group purchasing organizations,
shall cause the destruction of’’ and all that fol- lishment or establishments outside the United pharmacists, and other entities with experience
lows through ‘‘liable for costs pursuant to sub- States prior to being imported or offered for im- in health care and public health, as appro-
section (c).’’ and inserting the following: ‘‘The port into the United States.’’. priate.
Secretary of the Treasury shall cause the de- (b) LISTING OF DRUGS.—Section 510(j)(1) of the
(c) DEFINITIONS.—For the purposes of this sec-
struction of any such article refused admission Federal Food, Drug, and Cosmetic Act (21
tion:
unless such article is exported, under regula- U.S.C. 360(j)(1)) is amended— (1) The term ‘‘critical’’—
tions prescribed by the Secretary of the Treas- (1) in subparagraph (D), by striking ‘‘and’’ at
(A) with respect to a device, refers to a device
ury, within 90 days of the date of notice of such the end;
classified by the Food and Drug Administration
(2) in subparagraph (E), by striking the period
refusal or within such additional time as may be as implantable, life-saving, and life-sustaining;
at the end and inserting ‘‘; and’’; and
permitted pursuant to such regulations, except (3) by adding at the end the following new or
that the Secretary of Health and Human Serv- subparagraph: (B) with respect to a drug, refers to a drug
ices may destroy, without the opportunity for ‘‘(F) in the case of a drug contained in the ap- that is described in subsection (a) of section
export, any drug or device refused admission plicable list, a certification that the registrant 506C of the Federal Food, Drug, and Cosmetic
under this section, if such drug or device is val- has— Act (21 U.S.C. 356c) (relating to notification of
ued at an amount that is $2,500 or less (or such ‘‘(i) identified every other establishment where any discontinuance or interruption in the pro-
higher amount as the Secretary of the Treasury manufacturing is performed for the drug; and duction of life-saving drugs).
may set by regulation pursuant to section ‘‘(ii) notified each known foreign establish- (2) The terms ‘‘device’’ and ‘‘drug’’ have the
498(a)(1) of the Tariff Act of 1930 (19 U.S.C. ment engaged in the manufacture, preparation, meanings given to those terms in section 201 of
1498(a)(1))) and was not brought into compli- propagation, compounding, or processing of the the Federal Food, Drug, and Cosmetic Act (21
ance as described under subsection (b). The Sec- drug, including the active pharmaceutical ingre- U.S.C. 321).
retary of Health and Human Services shall issue dient, of the inclusion of the drug in the list and SEC. 30517. FAILURE TO NOTIFY OF A PERMA-
regulations providing for notice and an oppor- the obligation to register.’’. NENT DISCONTINUANCE OR AN
tunity to appear before the Secretary of Health (c) QUARTERLY REPORTING ON AMOUNT OF INTERRUPTION.
and Human Services and introduce testimony, DRUGS MANUFACTURED.—Section 510(j)(3)(A) of Section 301 of the Federal Food, Drug, and
as described in the first sentence of this sub- the Federal Food, Drug, and Cosmetic Act (as Cosmetic Act (21 U.S.C. 331) is amended by add-
section, on destruction of a drug or device under added by section 3112 of the CARES Act (Public ing at the end the following:
the seventh sentence of this subsection. The reg- Law 116–136)) is amended by striking ‘‘annu- ‘‘(fff) The failure of a manufacturer of a drug
ulations shall provide that prior to destruction, ally’’ and inserting ‘‘once during the month of described in section 506C(a) or an active phar-
appropriate due process is available to the March of each year, once during the month of maceutical ingredient of such a drug, without a
owner or consignee seeking to challenge the de- June of each year, once during the month of reasonable basis as determined by the Secretary,
cision to destroy the drug or device. Where the September of each year, and once during the to notify the Secretary of a permanent dis-
Secretary of Health and Human Services pro- month of December of each year’’. continuance or an interruption, and the reasons
vides notice and an opportunity to appear and SEC. 30516. RECOMMENDATIONS TO ENCOURAGE for such discontinuance or interruption, as re-
introduce testimony on the destruction of a drug DOMESTIC MANUFACTURING OF quired by section 506C.’’.
or device, the Secretary of Health and Human CRITICAL DRUGS. SEC. 30518. FAILURE TO DEVELOP RISK MANAGE-
Services shall store and, as applicable, dispose (a) IN GENERAL.—Not later than 14 days after MENT PLAN.
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of the drug or device after the issuance of the the date of enactment of this Act, the Secretary Section 301 of the Federal Food, Drug, and
notice, except that the owner and consignee shall enter into an agreement with the National Cosmetic Act (21 U.S.C. 331), as amended by sec-
shall remain liable for costs pursuant to sub- Academies of Sciences, Engineering, and Medi- tion 30517, is further amended by adding at the
section (c).’’. cine (referred to in this section as the ‘‘National end the following:
(b) DEFINITION.—Section 201(h) of the Federal Academies’’) under which, not later than 90 ‘‘(ggg) The failure to develop, maintain, and
Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) days after the date of entering into the agree- implement a risk management plan, as required
is amended— ment, the National Academies will— by section 506C(j).’’.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2091
SEC. 30519. NATIONAL CENTERS OF EXCELLENCE tional Center of Excellence no longer meets the Centers of Excellence designated under this sec-
IN CONTINUOUS PHARMACEUTICAL criteria specified in subsection (c). Not later tion to ensure that such National Centers of Ex-
MANUFACTURING. cellence continue to meet the criteria for des-
than 60 days before the effective date of such a
(a) IN GENERAL.—Section 3016 of the 21st Cen- termination, the Secretary shall provide written ignation under this section.
tury Cures Act (21 U.S.C. 399h) is amended to notice to the National Center of Excellence, in- ‘‘(3) REPORT ON LONG-TERM VISION OF FDA
read as follows: cluding the rationale for such termination. ROLE.—Not later than 2 years after the date on
‘‘SEC. 3016. NATIONAL CENTERS OF EXCELLENCE ‘‘(e) CONDITIONS FOR DESIGNATION.—As a con- which the first designation is made under sub-
IN CONTINUOUS PHARMACEUTICAL dition of designation as a National Center of section (a), the Secretary, in consultation with
MANUFACTURING. the National Centers of Excellence designated
Excellence under this section, the Secretary
‘‘(a) IN GENERAL.—The Secretary of Health shall require that an institution of higher edu- under this section, shall submit a report to the
and Human Services, acting through the Com- cation enter into an agreement with the Sec- Congress on the long-term vision of the Depart-
missioner of Food and Drugs— retary under which the institution agrees— ment of Health and Human Services on the role
‘‘(1) shall solicit and, beginning not later than ‘‘(1) to collaborate directly with the Food and of the Food and Drug Administration in sup-
1 year after the date of enactment of the Inspec- Drug Administration to publish the reports re- porting continuous manufacturing, including—
tor General Independence Act, receive requests quired by subsection (g); ‘‘(A) a national framework of principles re-
from institutions of higher education to be des- ‘‘(2) to share data with the Food and Drug lated to the implementation and regulation of
ignated as a National Center of Excellence in Administration regarding best practices and re- continuous manufacturing;
Continuous Pharmaceutical Manufacturing (in search generated through the funding under ‘‘(B) a plan for the development of Federal
this section referred to as a ‘National Center of subsection (f); regulations and guidance for how advanced
Excellence’) to support the advancement and de- ‘‘(3) to develop, along with industry partners manufacturing and continuous manufacturing
velopment of continuous manufacturing; and (which may include large and small biopharma- can be incorporated into the development of
‘‘(2) shall so designate any institution of high- ceutical manufacturers, generic and non- pharmaceuticals and regulatory responsibilities
er education that— prescription manufacturers, and contract manu- of the Food and Drug Administration; and
‘‘(A) requests such designation; and facturers) and another institution or institu- ‘‘(C) appropriate feedback solicited from the
‘‘(B) meets the criteria specified in subsection tions designated under this section, if any, a public, which may include other institutions,
(c). roadmap for developing a continuous manufac- large and small biopharmaceutical manufactur-
‘‘(b) REQUEST FOR DESIGNATION.—A request turing workforce; ers, generic and nonprescription manufacturers,
for designation under subsection (a) shall be ‘‘(4) to develop, along with industry partners and contract manufacturers.
made to the Secretary at such time, in such and other institutions designated under this sec- ‘‘(h) DEFINITIONS.—In this section:
manner, and containing such information as the ‘‘(1) ADVANCED MANUFACTURING.—The term
tion, a roadmap for strengthening existing, and
Secretary may require. Any such request shall ‘advanced manufacturing’ means an approach
developing new, relationships with other insti-
include a description of how the institution of for the manufacturing of pharmaceuticals that
tutions; and
higher education meets or plans to meet each of incorporates novel technology, or uses an estab-
‘‘(5) to provide an annual report to the Food
the criteria specified in subsection (c). lished technique or technology in a new or inno-
and Drug Administration regarding the institu-
‘‘(c) CRITERIA FOR DESIGNATION DESCRIBED.— vative way (such as continuous manufacturing
tion’s activities under this section, including a
The criteria specified in this subsection with re- where the input materials are continuously
description of how the institution continues to
spect to an institution of higher education are transformed within the process by two or more
meet and make progress on the criteria listed in
that the institution has, as of the date of the unit operations) that enhances drug quality or
subsection (c).
submission of a request under subsection (a) by ‘‘(f) FUNDING.— improves the manufacturing process.
such institution— ‘‘(2) CONTINUOUS MANUFACTURING.—The term
‘‘(1) IN GENERAL.—The Secretary shall award
‘‘(1) physical and technical capacity for re- ‘continuous manufacturing’—
funding, through grants, contracts, or coopera- ‘‘(A) means a process where the input mate-
search and development of continuous manufac- tive agreements, to the National Centers of Ex-
turing; rials are continuously fed into and transformed
cellence designated under this section for the within the process, and the processed output
‘‘(2) manufacturing knowledge-sharing net- purpose of studying and recommending improve-
works with other institutions of higher edu- materials are continuously removed from the
ments to continuous manufacturing, including system; and
cation, large and small pharmaceutical manu- such improvements as may enable the Centers— ‘‘(B) consists of an integrated process that
facturers, generic and nonprescription manufac- ‘‘(A) to continue to meet the conditions speci- consists of a series of two or more unit oper-
turers, contract manufacturers, and other enti- fied in subsection (e); and ations.
ties; ‘‘(B) to expand capacity for research on, and ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The
‘‘(3) proven capacity to design and dem- development of, continuing manufacturing. term ‘institution of higher education’ has the
onstrate new, highly effective technology for use ‘‘(2) CONSISTENCY WITH FDA MISSION.—As a meaning given such term in section 101(a) of the
in continuous manufacturing; condition on receipt of funding under this sub- Higher Education Act of 1965 (20 U.S.C.
‘‘(4) a track record for creating and transfer- section, a National Center of Excellence shall 1001(a)).
ring knowledge with respect to continuous man- agree to consider any input from the Secretary ‘‘(4) SECRETARY.—The term ‘Secretary’ means
ufacturing; regarding the use of funding that would— the Secretary of Health and Human Services,
‘‘(5) the potential to train a future workforce ‘‘(A) help to further the advancement of con- acting through the Commissioner of Food and
for research on and implementation of advanced tinuous manufacturing through the National Drugs.’’.
manufacturing and continuous manufacturing; Center of Excellence; and (b) TRANSITION RULE.—Section 3016 of the 21st
and ‘‘(B) be relevant to the mission of the Food Century Cures Act (21 U.S.C. 399h), as in effect
‘‘(6) experience in participating in and lead- and Drug Administration. on the day before the date of the enactment of
ing a continuous manufacturing technology ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— this section, shall apply with respect to grants
partnership with other institutions of higher There is authorized to be appropriated to carry awarded under such section before such date of
education, large and small pharmaceutical man- out this subsection $100,000,000, to remain avail- enactment.
ufacturers (including generic and nonprescrip- able until expended. SEC. 30520. VACCINE MANUFACTURING AND AD-
tion drug manufacturers), contract manufactur- ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this MINISTRATION CAPACITY.
ers, and other entities— section shall be construed as precluding a Na- (a) ENHANCING MANUFACTURING CAPACITY.—
‘‘(A) to support companies with continuous tional Center for Excellence designated under (1) IN GENERAL.—The Secretary, acting
manufacturing in the United States; this section from receiving funds under any through the Director of the Biomedical Ad-
‘‘(B) to support Federal agencies with tech- other provision of this Act or any other Federal vanced Research and Development Authority,
nical assistance, which may include regulatory law. shall, as appropriate, award contracts, grants,
and quality metric guidance as applicable, for ‘‘(g) ANNUAL REVIEW AND REPORTS.— and cooperative agreements, and enter into
advanced manufacturing and continuous manu- ‘‘(1) ANNUAL REPORT.—Beginning not later other transactions, to expand and enhance
facturing; than 1 year after the date on which the first manufacturing capacity of vaccines and vaccine
‘‘(C) with respect to continuous manufac- designation is made under subsection (a), and candidates to prevent the spread of SARS–CoV–
turing, to organize and conduct research and annually thereafter, the Secretary shall— 2 and COVID–19.
development activities needed to create new and ‘‘(A) submit to Congress a report describing (2) AUTHORIZATION OF APPROPRIATIONS.—To
more effective technology, capture and dissemi- the activities, partnerships and collaborations, carry out this subsection, there are authorized
nate expertise, create intellectual property, and Federal policy recommendations, previous and to be appropriated such sums as may be nec-
maintain technological leadership; continuing funding, and findings of, and any essary for fiscal years 2020 through 2024, to re-
‘‘(D) to develop best practices for designing other applicable information from, the National main available until expended.
continuous manufacturing; and Centers of Excellence designated under this sec- (b) REPORT ON VACCINE MANUFACTURING AND
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‘‘(E) to assess and respond to the workforce tion; and ADMINISTRATION CAPACITY.—
needs for continuous manufacturing, including ‘‘(B) make such report available to the public (1) IN GENERAL.—Not later than December 31,
the development of training programs if needed. in an easily accessible electronic format on the 2020, the Secretary shall submit to the Com-
‘‘(d) TERMINATION OF DESIGNATION.—The Sec- website of the Food and Drug Administration. mittee on Energy and Commerce of the House of
retary may terminate the designation of any Na- ‘‘(2) REVIEW OF NATIONAL CENTERS OF EXCEL- Representatives and the Committee on Health,
tional Center of Excellence designated under LENCE AND POTENTIAL DESIGNEES.—The Sec- Education, Labor and Pensions of the Senate a
this section if the Secretary determines such Na- retary shall periodically review the National report detailing—
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H2092 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(A) an assessment of the estimated supply of ‘‘(i) increasing emergency stock of critical ordination with the Administrator of the Fed-
vaccines and ancillary medical products related medical supplies; eral Emergency Management Agency, shall—
to vaccine administration necessary to control ‘‘(ii) geographically diversifying production of (1) not later than 30 days after the date of en-
and stop the spread of SARS–CoV–2 and such medical supplies; actment of this Act, issue a report to the Com-
COVID–19, domestically and internationally; ‘‘(iii) purchasing, leasing, or entering into mittee on Energy and Commerce of the House of
(B) an assessment of current and future do- joint ventures with respect to facilities and Representatives and the Committee on Health,
mestic manufacturing capacity for vaccines or equipment for the production of such medical Education, Labor and Pensions of the Senate
vaccine candidates to control or stop the spread supplies; and regarding all State, local, Tribal, and territorial
of SARS–CoV–2 and COVID–19, vaccine can- ‘‘(iv) working with distributors of such med- requests for supplies from the Strategic National
didates, and ancillary products related to the ical supplies to manage the domestic reserves es- Stockpile related to COVID–19; and
administration of such vaccines, including iden- tablished under this subparagraph by refreshing (2) not less than every 30 days thereafter
tification of any gaps in manufacturing capac- and replenishing stock of such medical sup- through the end of the emergency period (as
ity; plies.’’. such term is defined in section 1135(g)(1)(B) of
(C) activities conducted to expand and en- (b) REPORTING; SUNSET.—Section 319F–2(a) of the Social Security Act (42 U.S.C. 1320b–
hance manufacturing capacity for vaccines, the Public Health Service Act (42 U.S.C. 247d– 5(g)(1)(B))), submit to such committees an up-
vaccine candidates, and ancillary medical prod- 6b(a)) is amended by adding at the end the fol- dated version of such report.
ucts to levels sufficient to control and stop the lowing: (b) REPORTING PERIOD.—
spread of SARS–CoV–2 and COVID–19, domesti- ‘‘(6) REPORTING.—Not later than September (1) INITIAL REPORT.—The initial report under
cally and internationally, including a list and 30, 2022, the Secretary shall submit to the Com- subsection (a) shall address all requests de-
explanation of all contracts, grants, and cooper- mittee on Energy and Commerce of the House of scribed in such subsection made during the pe-
ative agreements awarded, and other trans- Representatives and the Committee on Health, riod—
actions entered into, for purposes of such ex- Education, Labor and Pensions of the Senate a (A) beginning on January 31, 2020; and
pansion and enhancement and how such activi- (B) ending on the date that is 30 days before
report on the details of each purchase, lease, or
ties will help to meet future domestic manufac- the date of submission of the report.
joint venture entered into under paragraph
turing capacity needs; (2) UPDATES.—Each update to the report
(3)(L), including the amount expended by the
(D) a plan for the ongoing support of en- under subsection (a) shall address all requests
Secretary on each such purchase, lease, or joint
hanced manufacturing capacity for vaccines, described in such subsection made during the
venture.
vaccine candidates, and ancillary medical prod- period—
‘‘(7) SUNSET.—The authority to make pur- (A) beginning at the end of the previous re-
ucts sufficient to control and stop the spread of chases, leases, or joint ventures pursuant to
SARS–CoV–2 and COVID–19, domestically and porting period under this section; and
paragraph (3)(L) shall cease to be effective on (B) ending on the date that is 30 days before
internationally; and September 30, 2023.’’.
(E) a plan to support the administration of the date of submission of the updated report.
(c) FUNDING.—Section 319F–2(f) of the Public (c) CONTENTS OF REPORT.—The report under
vaccines approved or authorized by the Food Health Service Act (42 U.S.C. 247d–6b(f)) is subsection (a) (and updates thereto) shall in-
and Drug Administration to control and stop amended by adding at the end the following: clude—
the spread of SARS–CoV–2 and COVID–19, do- ‘‘(3) SUPPLY CHAIN ELASTICITY.— (1) the details of each request described in
mestically and internationally, including Fed- ‘‘(A) IN GENERAL.—For the purpose of car- such subsection, including—
eral workforce enhancements necessary to ad- rying out subsection (a)(3)(L), there is author- (A) the specific medical countermeasures, in-
minister such vaccines. ized to be appropriated $500,000,000 for each of cluding devices such as personal protective
(2) ANCILLARY MEDICAL PRODUCTS.—For pur- fiscal years 2020 through 2023, to remain avail- equipment, and other materials requested; and
poses of this subsection, ‘‘ancillary medical able until expended. (B) the amount of such materials requested;
products’’ includes— ‘‘(B) RELATION TO OTHER AMOUNTS.—The and
(A) vials; amount authorized to be appropriated by sub- (2) the outcomes of each request described in
(B) bandages; subsection (a), including—
paragraph (A) for the purpose of carrying out
(C) alcohol swabs; (A) whether the request was wholly fulfilled,
(D) syringes; subsection (a)(3)(L) is in addition to any other
amounts available for such purpose.’’. partially fulfilled, or denied;
(E) needles;
SEC. 30533. REIMBURSABLE TRANSFERS FROM (B) if the request was wholly or partially ful-
(F) gloves and other personal protective equip-
STRATEGIC NATIONAL STOCKPILE. filled, the fulfillment amount; and
ment; and
Section 319F–2(a) of the Public Health Service (C) if the request was partially fulfilled or de-
(G) other medical products the Secretary de-
Act (42 U.S.C. 247d–6b(a)), as amended, is fur- nied, a rationale for such outcome.
termines necessary for the administration of
ther amended by adding at the end the fol- SEC. 30535.
IMPROVED, TRANSPARENT PROC-
vaccines.
ESSES FOR THE STRATEGIC NA-
Subtitle B—Strategic National Stockpile lowing: TIONAL STOCKPILE.
Improvements ‘‘(8) TRANSFERS AND REIMBURSEMENTS.—
(a) IN GENERAL.—Not later than January 1,
‘‘(A) IN GENERAL.—Without regard to chapter
SEC. 30531. EQUIPMENT MAINTENANCE. 2021, the Secretary, in collaboration with the
5 of title 40, United States Code, the Secretary
Section 319F–2 of the Public Health Service Assistant Secretary for Preparedness and Re-
may transfer to any Federal department or
Act (42 U.S.C. 247d–6b) is amended— sponse and the Director of the Centers for Dis-
agency, on a reimbursable basis, any drugs, vac-
(1) in subsection (a)(3)— ease Control and Prevention, shall develop and
(A) in subparagraph (I), by striking ‘‘; and’’ cines and other biological products, medical de-
implement improved, transparent processes for
and inserting a semicolon; vices, and other supplies in the stockpile if—
the use and distribution of drugs, vaccines and
(B) in subparagraph (J), by striking the period ‘‘(i) the transferred supplies are less than 6
other biological products, medical devices, and
at the end and inserting a semicolon; and months from expiry;
other supplies (including personal protective
(C) by inserting the following new subpara- ‘‘(ii) the stockpile is able to replenish the sup-
equipment, ancillary medical supplies, and other
graph at the end: plies, as appropriate; and
applicable supplies required for the administra-
‘‘(K) ensure the contents of the stockpile re- ‘‘(iii) the Secretary decides the transfer is in
tion of drugs, vaccines and other biological
main in good working order and, as appro- the best interest of the United States Govern-
products, diagnostic tests, and other medical de-
priate, conduct maintenance services on such ment.
vices ) in the Strategic National Stockpile under
contents; and’’; and ‘‘(B) USE OF REIMBURSEMENT.—Reimburse-
section 319F–2 of the Public Health Service Act
(2) in subsection (c)(7)(B), by adding at the ment derived from the transfer of supplies pur-
(42 U.S.C. 247d–6b) (in this section referred to as
end the following new clause: suant to subparagraph (A) may be used by the
the ‘‘Stockpile’’).
‘‘(ix) EQUIPMENT MAINTENANCE SERVICE.—In Secretary, without further appropriation and
(b) PROCESSES.—The processes developed
carrying out this section, the Secretary may without fiscal year limitation, to carry out this under subsection (a) shall include—
enter into contracts for the procurement of section. (1) the form and manner in which States, lo-
equipment maintenance services.’’. ‘‘(C) REPORT.—Not later than September 30, calities, Tribes, and territories are required to
SEC. 30532. SUPPLY CHAIN FLEXIBILITY MANU- 2022, the Secretary shall submit to the Com- submit requests for supplies from the Stockpile;
FACTURING PILOT. mittee on Energy and Commerce of the House of (2) the criteria used by the Secretary in re-
(a) IN GENERAL.—Section 319F–2(a)(3) of the Representatives and the Committee on Health, sponding to such requests, including the reasons
Public Health Service Act (42 U.S.C. 247d– Education, Labor and Pensions of the Senate a for fulfilling or denying such requests;
6b(a)(3)), as amended by section 30531, is further report on each transfer made under this para- (3) what circumstances result in prioritization
amended by adding at the end the following graph and the amount received by the Secretary of distribution of supplies from the Stockpile to
new subparagraph: in exchange for that transfer. States, localities, Tribes, or territories;
‘‘(L) enhance medical supply chain elasticity ‘‘(D) SUNSET.—The authority to make trans- (4) clear plans for future, urgent communica-
fers under this paragraph shall cease to be ef-
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and establish and maintain domestic reserves of tion between the Secretary and States, localities,
critical medical supplies (including personal fective on September 30, 2023.’’. Tribes, and territories regarding the outcome of
protective equipment, ancillary medical sup- SEC. 30534. STRATEGIC NATIONAL STOCKPILE AC- such requests; and
plies, and other applicable supplies required for TION REPORTING. (5) any differences in the processes developed
the administration of drugs, vaccines and other (a) IN GENERAL.—The Assistant Secretary for under subsection (a) for geographically related
biological products, and other medical devices Preparedness and Response (in this section re- emergencies, such as weather events, and na-
(including diagnostic tests)) by— ferred to as the ‘‘Assistant Secretary’’), in co- tional emergencies, such as pandemics.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2093
(c) REPORT TO CONGRESS.—Not later than (A) such level of, types of, and approaches to the Paycheck Protection Program and Health
January 1, 2021, the Secretary shall— testing as are described in paragraph (1), with Care Enhancement Act (Public Law 116–139; 134
(1) submit a report to the Committee Energy respect to optimizing health and safety; Stat. 620, 627).
and Commerce of the House of Representatives (B) sufficient availability of all necessary test- (d) APPROPRIATE CONGRESSIONAL COMMIT-
and the Committee on Health, Education, Labor ing materials and supplies, including extraction TEES.—In this section, the term ‘‘appropriate
and Pensions of the Senate regarding the im- and testing kits, reagents, transport media, congressional committees’’ means—
proved, transparent processes developed under swabs, instruments, analysis equipment, per- (1) the Committee on Appropriations and the
this section; and sonal protective equipment if necessary for test- Committee on Energy and Commerce of the
(2) include in such report recommendations ing (including point-of-care testing), and other House of Representatives; and
for opportunities for communication (by tele- equipment; (2) the Committee on Appropriations and the
briefing, phone calls, or in-person meetings) be- (C) allocation of testing materials and sup- Committee on Health, Education, Labor and
tween the Secretary and States, localities, plies in a manner that optimizes public health, Pensions and of the Senate.
Tribes, and territories regarding such improved, including by considering the variable impact of SEC. 30542. CENTRALIZED TESTING INFORMA-
transparent processes. SARS–CoV–2 on specific States, territories, In- TION WEBSITE.
SEC. 30536. GAO STUDY ON THE FEASIBILITY AND dian Tribes, Tribal organizations, urban Indian The Secretary shall establish and maintain a
BENEFITS OF A STRATEGIC NA- organizations, communities, industries, and pro- public, searchable webpage, to be updated and
TIONAL STOCKPILE USER FEE fessions; corrected as necessary through a process estab-
AGREEMENT. (D) sufficient evidence of validation for tests lished by the Secretary, on the website of the
(a) IN GENERAL.— The Comptroller General of that are deployed as a part of such strategy; Department of Health and Human Services
the United States shall conduct a study to in- (E) sufficient laboratory and analytical ca- that—
vestigate the feasibility of establishing user fees pacity, including target turnaround time for test (1) identifies all in vitro diagnostic and sero-
to offset certain Federal costs attributable to the results; logical tests used in the United States to analyze
procurement of single-source materials for the (F) sufficient personnel, including personnel clinical specimens for detection of SARS–CoV–2
Strategic National Stockpile under section 319F– to collect testing samples, conduct and analyze or antibodies specific to SARS–CoV–2, includ-
2 of the Public Health Service Act (42 U.S.C. results, and conduct testing follow-up, includ- ing—
247d–6b) and distributions of such materials ing contact tracing, as appropriate; and (A) those tests—
from the Stockpile. In conducting this study, the (G) enforcement of the Families First (i) that are approved, cleared, or authorized
Comptroller General shall consider, to the extent Coronavirus Response Act (Public Law 116–127) under section 510(k), 513, 515, or 564 of the Fed-
information is available— to ensure patients who are tested are not subject eral Food, Drug, and Cosmetic Act (21 U.S.C.
(1) whether entities receiving such distribu- to cost sharing; 360(k), 360c, 360e, 360bbb–3);
tions generate profits from those distributions; (3) specific plans to ensure adequate testing in (ii) that have been validated by the test’s de-
(2) any Federal costs attributable to such dis- rural areas, frontier areas, health professional velopers for use on clinical specimens and for
tributions; shortage areas, and medically underserved areas which the developer has notified the Food and
(3) whether such user fees would provide the (as defined in section 330I(a) of the Public Drug Administration of the developer’s intent to
Secretary with funding to potentially offset pro- Health Service Act (42 U.S.C. 254c–14(a))), and market the test consistent with applicable guid-
curement costs of such materials for the Stra- for underserved populations, Native Americans ance issued by the Secretary; or
tegic National Stockpile; and (including Indian Tribes, Tribal organizations, (iii) that have been developed and authorized
(4) any other issues the Comptroller General and urban Indian organizations), and popu- by a State that has notified the Secretary of the
identifies as relevant. lations at increased risk related to COVID–19; State’s intention to review tests intended to di-
(b) REPORT.—Not later than February 1, 2023, (4) specific plans to ensure accessibility of
agnose COVID–19; and
the Comptroller General of the United States testing to people with disabilities, older individ-
(B) other SARS–CoV–2-related tests that the
shall submit to the Congress a report on the uals, and individuals with underlying health
Secretary determines appropriate in guidance,
findings and conclusions of the study under conditions or weakened immune systems; and
which may include tests related to the moni-
subsection (a). (5) specific plans for broadly developing and
toring of COVID–19 patient status;
Subtitle C—Testing and Testing implementing testing for potential immunity in
(2) provides relevant information, as deter-
Infrastructure Improvements the United States, as appropriate, in a manner
mined by the Secretary, on each test identified
sufficient—
SEC. 30541. COVID–19 TESTING STRATEGY. pursuant to paragraph (1), which may include—
(A) to monitor and contribute to the control of
(a) STRATEGY.—Not later than June 15, 2020, (A) the name and contact information of the
SARS–CoV–2 in the United States;
the Secretary shall update the COVID–19 stra- (B) to ensure that any reduction in social developer of the test;
tegic testing plan under the heading ‘‘Depart- distancing efforts, when determined appropriate (B) the date of receipt of notification by the
ment of Health and Human Services—Office of by public health officials, can be undertaken in Food and Drug Administration of the devel-
the Secretary—Public Health and Social Service a manner that optimizes the health and safety oper’s intent to market the test;
Emergency Fund’’ in title I of division B of the of the people of the United States; and (C) the date of authorization for use of the
Paycheck Protection Program and Health Care (C) to reduce disparities (including disparities test on clinical specimens, where applicable;
Enhancement Act (Public Law 116–139, 134 Stat. related to race, ethnicity, sex, age, disability (D) the letter of authorization for use of the
620, 626–627) and submit to the appropriate con- status, socioeconomic status, and geographic lo- test on clinical specimens, where applicable;
gressional committees such updated national cation) in the prevalence of, incidence of, and (E) any fact sheets, manufacturer instruc-
plan identifying— health outcomes with respect to, COVID–19. tions, and package inserts for the test, including
(1) what level of, types of, and approaches to (b) COORDINATION.—The Secretary shall carry information on intended use;
testing (including predicted numbers of tests, out this section— (F) sensitivity and specificity of the test; and
populations to be tested, and frequency of test- (1) in coordination with the Administrator of (G) in the case of tests distributed by commer-
ing and the appropriate setting whether a the Federal Emergency Management Agency; cial manufacturers, the number of tests distrib-
health care setting (such as hospital-based, (2) in collaboration with other agencies and uted and, if available, the number of labora-
high-complexity laboratory, point-of-care, mo- departments, as appropriate; and tories in the United States with the required
bile testing units, pharmacies or community (3) taking into consideration the State plans platforms installed to perform the test; and
health centers) or non-health care setting (such for COVID–19 testing prepared as required (3) includes—
as workplaces, schools, or child care centers)) under the heading ‘‘Department of Health and (A) a list of laboratories certified under sec-
are necessary— Human Services—Office of the Secretary—Pub- tion 353 of the Public Health Service Act (42
(A) to sufficiently monitor and contribute to lic Health and Social Service Emergency Fund’’ U.S.C. 263a; commonly referred to as ‘‘CLIA’’)
the control of the transmission of SARS–CoV–2 in title I of division B of the Paycheck Protec- that—
in the United States; tion Program and Health Care Enhancement (i) meet the regulatory requirements under
(B) to ensure that any reduction in social Act (Public Law 116–139; 134 Stat. 620, 624). such section to perform high- or moderate-com-
distancing efforts, when determined appropriate (c) UPDATES.— plexity testing; and
by public health officials, can be undertaken in (1) FREQUENCY.—The updated national plan (ii) are authorized to perform SARS–CoV–2 di-
a manner that optimizes the health and safety under subsection (a) shall be updated every 30 agnostic or serological tests on clinical speci-
of the people of the United States, and reduces days until the end of the public health emer- mens; and
disparities (including disparities related to race, gency first declared by the Secretary under sec- (B) information on each laboratory identified
ethnicity, sex, age, disability status, socio- tion 319 of the Public Health Service Act (42 pursuant to subparagraph (A), including—
economic status, and geographic location) in the U.S.C. 247d) on January 31, 2020, with respect to (i) the name and address of the laboratory;
prevalence of, incidence of, and health outcomes COVID–19. (ii) the CLIA certificate number;
(iii) the laboratory type;
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with respect to, COVID–19; and (2) RELATION TO OTHER LAW.—Paragraph (1)
(C) to provide for ongoing surveillance suffi- applies in lieu of the requirement (for updates (iv) the certificate type; and
cient to support contact tracing, case identifica- every 90 days until funds are expended) in the (v) the complexity level.
tion, quarantine, and isolation to prevent future second to last proviso under the heading ‘‘De- SEC. 30543. MANUFACTURER REPORTING OF TEST
outbreaks of COVID–19; partment of Health and Human Services—Office DISTRIBUTION.
(2) specific plans and benchmarks, each with of the Secretary—Public Health and Social Serv- (a) IN GENERAL.—A commercial manufacturer
clear timelines, to ensure— ice Emergency Fund’’ in title I of division B of of an in vitro diagnostic or serological COVID–
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H2094 CONGRESSIONAL RECORD — HOUSE May 15, 2020
19 test shall, on a weekly basis, submit a notifi- (2) provides appropriate contact information (d) DEFINITION.—In this section, the term ‘‘di-
cation to the Secretary regarding distribution of for SARS–CoV–2 testing sites pursuant to para- agnostic test’’ means an in vitro diagnostic
each such test, which notification— graph (1). product (as defined in section 809.3(a) of title 21,
(1) shall include the number of tests distrib- SEC. 30546. REPORTING OF COVID–19 TESTING RE- Code of Federal Regulations) for—
uted and the entities to which the tests are dis- SULTS. (1) the detection of SARS–CoV–2;
tributed; and (a) IN GENERAL.—Every laboratory that per- (2) the diagnosis of the virus that causes
(2) may include the quantity of such tests dis- forms or analyzes a test that is intended to de- COVID–19; or
tributed by the manufacturer. tect SARS–CoV–2 or to diagnose a possible case (3) the detection of antibodies specific to
(b) CONFIDENTIALITY.—Nothing in this section of COVID–19 shall report daily the number of SARS–CoV–2, such as a serological test.
shall be construed as authorizing the Secretary tests performed and the results from each such SEC. 30548. PUBLIC HEALTH DATA SYSTEM
to disclose any information that is a trade secret test to the Secretary of Health and Human Serv- TRANSFORMATION.
or confidential information subject to section ices and to the Secretary of Homeland Security, Subtitle C of title XXVIII of the Public Health
552(b)(4) of title 5, United States Code, or section in such form and manner as such Secretaries Service Act (42 U.S.C. 300hh–31 et seq.) is
1905 of title 18, United States Code. may prescribe. Such information shall be made amended by adding at the end the following:
(c) FAILURE TO MEET REQUIREMENTS.—If a available to the public in a searchable, elec- ‘‘SEC. 2822.
PUBLIC HEALTH DATA SYSTEM
manufacturer fails to submit a notification as tronic format as soon as is practicable, and in TRANSFORMATION.
required under subsection (a), the following ap- no case later than one week after such informa- ‘‘(a) EXPANDING CDC AND PUBLIC HEALTH DE-
plies: tion is received. PARTMENT CAPABILITIES.—
(1) The Secretary shall issue a letter to such (b) ADDITIONAL REPORTING REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary, acting
manufacturer informing such manufacturer of The Secretaries specified in subsection (a)— through the Director of the Centers for Disease
such failure. (1) may specify additional reporting require- Control and Prevention, shall—
(2) Not later than 7 calendar days after the ments under this section by regulation, includ- ‘‘(A) conduct activities to expand, enhance,
issuance of a letter under paragraph (1), the ing by interim final rule, or by guidance; and and improve applicable public health data sys-
manufacturer to whom such letter is issued shall (2) may issue such regulations or guidance tems used by the Centers for Disease Control
submit to the Secretary a written response to without regard to the procedures otherwise re- and Prevention, related to the interoperability
such letter— quired by section 553 of title 5, United States
(A) setting forth the basis for noncompliance; and improvement of such systems (including as
Code. it relates to preparedness for, prevention and
and SEC. 30547. GAO REPORT ON DIAGNOSTIC TESTS.
(B) providing information as required under detection of, and response to public health emer-
(a) GAO STUDY.—Not later than 18 months gencies); and
subsection (a). after the date of enactment of this Act, the
(3) Not later than 14 calendar days after the ‘‘(B) award grants or cooperative agreements
Comptroller General of the United States shall to State, local, Tribal, or territorial public
issuance of a letter under paragraph (1), the
submit to the Committee on Energy and Com- health departments for the expansion and mod-
Secretary shall make such letter and any re-
merce of the House of Representatives and the ernization of public health data systems, to as-
sponse to such letter under paragraph (2) avail-
Committee on Health, Education, Labor and sist public health departments in—
able to the public on the internet website of the
Pensions of the Senate a report describing the ‘‘(i) assessing current data infrastructure ca-
Food and Drug Administration, with appro-
response of entities described in subsection (b) to pabilities and gaps to improve and increase con-
priate redactions made to protect information
the COVID–19 pandemic with respect to the de- sistency in data collection, storage, and analysis
described in subsection (b). The preceding sen-
velopment, regulatory evaluation, and deploy- and, as appropriate, to improve dissemination of
tence shall not apply if the Secretary determines
ment of diagnostic tests. public health-related information;
that— (b) ENTITIES DESCRIBED.—Entities described in
(A) the letter under paragraph (1) was issued ‘‘(ii) improving secure public health data col-
this subsection include— lection, transmission, exchange, maintenance,
in error; or (1) laboratories, including public health, aca-
(B) after review of such response, the manu- and analysis;
demic, clinical, and commercial laboratories; ‘‘(iii) improving the secure exchange of data
facturer had a reasonable basis for not notifying (2) diagnostic test manufacturers;
as required under subsection (a). between the Centers for Disease Control and
(3) State, local, Tribal, and territorial govern-
SEC. 30544. STATE TESTING REPORT. Prevention, State, local, Tribal, and territorial
ments; and
For any State that authorizes (or intends to public health departments, public health organi-
(4) the Food and Drug Administration, the
authorize) one or more laboratories in the State zations, and health care providers, including by
Centers for Disease Control and Prevention, the
to develop and perform in vitro diagnostic public health officials in multiple jurisdictions
Centers for Medicare & Medicaid Services, the
COVID–19 tests, the head of the department or within such State, as appropriate, and by sim-
National Institutes of Health, and other rel-
agency of such State with primary responsibility plifying and supporting reporting by health care
evant Federal agencies, as appropriate.
for health shall— providers, as applicable, pursuant to State law,
(c) CONTENTS.—The report under subsection
(1) notify the Secretary of such authorization including through the use of health information
(a) shall include—
(or intention to authorize); and (1) a description of actions taken by entities technology;
(2) provide the Secretary with a weekly re- described in subsection (b) to develop, evaluate, ‘‘(iv) enhancing the interoperability of public
port— and deploy diagnostic tests; health data systems (including systems created
(A) identifying all laboratories authorized (or (2) an assessment of the coordination of Fed- or accessed by public health departments) with
intended to be authorized) by the State to de- eral agencies in the development, regulatory health information technology, including with
velop and perform in vitro diagnostic COVID–19 evaluation, and deployment of diagnostic tests; health information technology certified under
tests; (3) an assessment of the standards used by the section 3001(c)(5);
(B) including relevant information on all lab- Food and Drug Administration to evaluate diag- ‘‘(v) supporting and training data systems,
oratories identified pursuant to subparagraph nostic tests; data science, and informatics personnel;
(A), which may include information on labora- (4) an assessment of the clarity of Federal ‘‘(vi) supporting earlier disease and health
tory testing capacity; agency guidance related to testing, including condition detection, such as through near real-
(C) identifying all in vitro diagnostic COVID– the ability for individuals without medical time data monitoring, to support rapid public
19 tests developed and approved for clinical use training to understand which diagnostic tests health responses;
in laboratories identified pursuant to subpara- had been evaluated by the Food and Drug Ad- ‘‘(vii) supporting activities within the applica-
graph (A); and ministration; ble jurisdiction related to the expansion and
(D) including relevant information on all tests (5) a description of— modernization of electronic case reporting; and
identified pursuant to subparagraph (C), which (A) actions taken and clinical processes em- ‘‘(viii) developing and disseminating informa-
may include— ployed by States and territories that have au- tion related to the use and importance of public
(i) the name and contact information of the thorized laboratories to develop and perform di- health data.
developer of any such test; agnostic tests not authorized, approved, or ‘‘(2) DATA STANDARDS.—In carrying out para-
(ii) any fact sheets, manufacturer instruc- cleared by the Food and Drug Administration, graph (1), the Secretary, acting through the Di-
tions, and package inserts for any such test, in- including actions of such States and territories rector of the Centers for Disease Control and
cluding information on intended use; and to evaluate the accuracy and sensitivity of such Prevention, shall, as appropriate and in con-
(iii) the sensitivity and specificity of any such tests; and sultation with the Office of the National Coordi-
test. (B) the standards used by States and terri- nator for Health Information Technology, des-
SEC. 30545. STATE LISTING OF TESTING SITES. tories when deciding when to authorize labora- ignate data and technology standards (includ-
Not later than 14 days after the date of enact- tories to develop or perform diagnostic tests; ing standards for interoperability) for public
ment of this Act, any State receiving funding or (6) an assessment of the steps taken by labora- health data systems, with deference given to
dlhill on DSK120RN23PROD with HOUSE
assistance under this Act, as a condition on tories and diagnostic test manufacturers to vali- standards published by consensus-based stand-
such receipt, shall establish and maintain a date diagnostic tests, as well as the evidence col- ards development organizations with public
public, searchable webpage on the official lected by such entities to support validation; input and voluntary consensus-based standards
website of the State that— and bodies.
(1) identifies all sites located in the State that (7) based on available reports, an assessment ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS.—The Sec-
provide diagnostic or serological testing for of the accuracy and sensitivity of a representa- retary may develop and utilize public-private
SARS–CoV–2; and tive sample of available diagnostic tests. partnerships for technical assistance, training,
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2095
and related implementation support for State, ‘‘(C) reporting by health care providers using (e) COMPETITIVE GRANTS TO STATE, LOCAL,
local, Tribal, and territorial public health de- such public health data systems, as appropriate, TRIBAL, AND TERRITORIAL HEALTH DEPART-
partments, and the Centers for Disease Control and pursuant to State law; MENTS.—In making grants under subsection
and Prevention, on the expansion and mod- ‘‘(2) an assessment of the potential public (b)(1)(B), the Secretary shall give priority to ap-
ernization of electronic case reporting and pub- health impact of implementing electronic case plicants demonstrating core public health infra-
lic health data systems, as applicable. reporting and interoperable public health data structure needs identified in the accreditation
‘‘(b) REQUIREMENTS.— systems; and process under subsection (g).
‘‘(1) HEALTH INFORMATION TECHNOLOGY ‘‘(3) a description of the activities carried out (f) MAINTENANCE OF EFFORT.—The Secretary
STANDARDS.—The Secretary may not award a pursuant to this section. may award a grant to an entity under sub-
grant or cooperative agreement under subsection ‘‘(f) ELECTRONIC CASE REPORTING.—In this section (b) only if the entity demonstrates to the
(a)(1)(B) unless the applicant uses or agrees to section, the term ‘electronic case reporting’ satisfaction of the Secretary that—
use standards endorsed by the National Coordi- means the automated identification, generation, (1) funds received through the grant will be
nator for Health Information Technology pursu- and bilateral exchange of reports of health expended only to supplement, and not supplant,
ant to section 3001(c)(1) or adopted by the Sec- events among electronic health record or health non-Federal and Federal funds otherwise avail-
retary under section 3004. information technology systems and public able to the entity for the purpose of addressing
‘‘(2) WAIVER.—The Secretary may waive the health authorities. core public health infrastructure needs; and
requirement under paragraph (1) with respect to ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—To (2) with respect to activities for which the
an applicant if the Secretary determines that carry out this section, there are authorized to be grant is awarded, the entity will maintain ex-
the activities under subsection (a)(1)(B) cannot appropriated $450,000,000 to remain available penditures of non-Federal amounts for such ac-
otherwise be carried out within the applicable until expended.’’. tivities at a level not less than the level of such
jurisdiction. SEC. 30549. PILOT PROGRAM TO IMPROVE LAB- expenditures maintained by the entity for the
‘‘(3) APPLICATION.—A State, local, Tribal, or ORATORY INFRASTRUCTURE. fiscal year preceding the fiscal year for which
territorial health department applying for a (a) IN GENERAL.—The Secretary shall award the entity receives the grant.
grant or cooperative agreement under this sec- grants to States and political subdivisions of (g) ESTABLISHMENT OF A PUBLIC HEALTH AC-
tion shall submit an application to the Secretary States to support the improvement, renovation, CREDITATION PROGRAM.—
at such time and in such manner as the Sec- or modernization of infrastructure at clinical (1) IN GENERAL.—The Secretary shall—
retary may require. Such application shall in- laboratories (as defined in section 353 of the (A) develop, and periodically review and up-
clude information describing— Public Health Service Act (42 U.S.C. 263a)) that date, standards for voluntary accreditation of
‘‘(A) the activities that will be supported by will help to improve SARS–CoV–2 and COVID– State, local, Tribal, and territorial health de-
the grant or cooperative agreement; and 19 testing and response activities, including the partments and public health laboratories for the
‘‘(B) how the modernization of the public expansion and enhancement of testing capacity purpose of advancing the quality and perform-
health data systems involved will support or im- at such laboratories. ance of such departments and laboratories; and
pact the public health infrastructure of the (b) AUTHORIZATION OF APPROPRIATIONS.—To (B) implement a program to accredit such
health department, including a description of carry out this section, there is authorized to be health departments and laboratories in accord-
remaining gaps, if any, and the actions needed appropriated $1,000,000,000 to remain available ance with such standards.
to address such gaps. until expended. (2) COOPERATIVE AGREEMENT.—The Secretary
‘‘(c) STRATEGY AND IMPLEMENTATION PLAN.— may enter into a cooperative agreement with a
SEC. 30550. CORE PUBLIC HEALTH INFRASTRUC-
Not later than 180 days after the date of enact- TURE FOR STATE, LOCAL, TRIBAL,
private nonprofit entity to carry out paragraph
ment of this section, the Secretary, acting AND TERRITORIAL HEALTH DEPART- (1).
through the Director of the Centers for Disease MENTS. (h) REPORT.—The Secretary shall submit to
Control and Prevention, shall submit to the (a) PROGRAM.—The Secretary, acting through the Congress an annual report on progress being
Committee on Health, Education, Labor and the Director of the Centers for Disease Control made to accredit entities under subsection (g),
Pensions of the Senate and the Committee on and Prevention, shall establish a core public including—
Energy and Commerce of the House of Rep- health infrastructure program consisting of (1) a strategy, including goals and objectives,
resentatives a coordinated strategy and an ac- awarding grants under subsection (b). for accrediting entities under subsection (g) and
companying implementation plan that identifies (b) GRANTS.— achieving the purpose described in subsection
and demonstrates the measures the Secretary (1) AWARD.—For the purpose of addressing (g)(1)(A);
will utilize to— core public health infrastructure needs, the Sec- (2) identification of gaps in research related to
‘‘(1) update and improve applicable public retary— core public health infrastructure; and
health data systems used by the Centers for Dis- (A) shall award a grant to each State health (3) recommendations of priority areas for such
ease Control and Prevention; and department; and research.
‘‘(2) carry out the activities described in this (B) may award grants on a competitive basis (i) DEFINITION.—In this section, the term
section to support the improvement of State, to State, local, Tribal, or territorial health de- ‘‘core public health infrastructure’’ includes—
(1) workforce capacity and competency;
local, Tribal, and territorial public health data partments.
(2) laboratory systems;
systems. (2) ALLOCATION.—Of the total amount of
(3) testing capacity, including test platforms,
‘‘(d) CONSULTATION.—The Secretary, acting funds awarded as grants under this subsection
mobile testing units, and personnel;
through the Director of the Centers for Disease for a fiscal year— (4) health information, health information
Control and Prevention, shall consult with (A) not less than 50 percent shall be for grants systems, and health information analysis;
State, local, Tribal, and territorial health de- to State health departments under paragraph (5) disease surveillance;
partments, professional medical and public (1)(A); and (6) contact tracing;
health associations, associations representing (B) not less than 30 percent shall be for grants (7) communications;
hospitals or other health care entities, health to State, local, Tribal, or territorial health de- (8) financing;
information technology experts, and other ap- partments under paragraph (1)(B). (9) other relevant components of organiza-
propriate public or private entities regarding the (c) USE OF FUNDS.—A State, local, Tribal, or tional capacity; and
plan and grant program to modernize public territorial health department receiving a grant (10) other related activities.
health data systems pursuant to this section. under subsection (b) shall use the grant funds to (j) AUTHORIZATION OF APPROPRIATIONS.—To
Activities under this subsection may include the address core public health infrastructure needs, carry out this section, there are authorized to be
provision of technical assistance and training including those identified in the accreditation appropriated $6,000,000,000, to remain available
related to the exchange of information by such process under subsection (g). until expended.
public health data systems used by relevant (d) FORMULA GRANTS TO STATE HEALTH DE- SEC. 30551. CORE PUBLIC HEALTH INFRASTRUC-
health care and public health entities at the PARTMENTS.—In making grants under sub- TURE AND ACTIVITIES FOR CDC.
local, State, Federal, Tribal, and territorial lev- section (b)(1)(A), the Secretary shall award (a) IN GENERAL.—The Secretary, acting
els, and the development and utilization of pub- funds to each State health department in ac- through the Director of the Centers for Disease
lic-private partnerships for implementation sup- cordance with— Control and Prevention, shall expand and im-
port applicable to this section. (1) a formula based on population size; burden prove the core public health infrastructure and
‘‘(e) REPORT TO CONGRESS.—Not later than 1 of preventable disease and disability; and core activities of the Centers for Disease Control and
year after the date of enactment of this section, public health infrastructure gaps, including Prevention to address unmet and emerging pub-
the Secretary shall submit a report to the Com- those identified in the accreditation process lic health needs.
mittee on Health, Education, Labor and Pen- under subsection (g); and (b) REPORT.—The Secretary shall submit to
sions of the Senate and the Committee on En- (2) application requirements established by the the Congress an annual report on the activities
ergy and Commerce of the House of Representa- Secretary, including a requirement that the funded through this section.
dlhill on DSK120RN23PROD with HOUSE
tives that includes— State health department submit a plan that (c) DEFINITION.—In this section, the term
‘‘(1) a description of any barriers to— demonstrates to the satisfaction of the Secretary ‘‘core public health infrastructure’’ has the
‘‘(A) public health authorities implementing that the State’s health department will— meaning given to such term in section 30550.
interoperable public health data systems and (A) address its highest priority core public (d) AUTHORIZATION OF APPROPRIATIONS.—To
electronic case reporting; health infrastructure needs; and carry out this section, there is authorized to be
‘‘(B) the exchange of information pursuant to (B) as appropriate, allocate funds to local appropriated $1,000,000,000, to remain available
electronic case reporting; or health departments within the State. until expended.
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H2096 CONGRESSIONAL RECORD — HOUSE May 15, 2020
Subtitle D—COVID–19 National Testing and Secretary that provides a minimum level of workplaces, schools, childcare centers, or drive-
Contact Tracing Initiative funding to each State, local, Tribal, and terri- throughs);
SEC. 30561. NATIONAL SYSTEM FOR COVID–19 torial health department that seeks a grant (J) allows for testing in sentinel surveillance
TESTING, CONTACT TRACING, SUR- under this section and allocates additional programs, as appropriate; and
VEILLANCE, CONTAINMENT, AND funding based on the following prioritization: (K) supports the procurement and distribution
MITIGATION. (A) The Secretary shall give highest priority of diagnostic and serological tests and testing
(a) IN GENERAL.—The Secretary, acting to applicants proposing to serve populations in supplies to meet the goals of the system.
through the Director of the Centers for Disease one or more geographic regions with a high bur- (2) CONTACT TRACING.—To implement a co-
Control and Prevention, and in coordination den of COVID–19 based on data provided by the ordinated contact tracing system that—
with State, local, Tribal, and territorial health Centers for Disease Control and Prevention, or (A) leverages or modernizes existing contact
departments, shall establish and implement a other sources as determined by the Secretary. tracing systems and capabilities, including com-
nationwide evidence-based system for— (B) The Secretary shall give second highest munity health workers, health departments, and
(1) testing, contact tracing, surveillance, con- priority to applicants preparing for, or currently Federally qualified health centers;
tainment, and mitigation with respect to working to mitigate, a COVID–19 surge in a geo- (B) is able to investigate cases of COVID–19,
COVID–19; graphic region that does not yet have a high and help to identify other potential cases of
(2) offering guidance on voluntary isolation number of reported cases of COVID–19 based on COVID–19, through tracing contacts of individ-
and quarantine of individuals infected with, or data provided by the Centers for Disease Control uals with positive diagnoses;
exposed to individuals infected with, the virus and Prevention, or other sources as determined (C) establishes culturally competent and mul-
that causes COVID–19; and by the Secretary. tilingual strategies for contact tracing, which
(3) public reporting on testing, contact trac- (C) The Secretary shall give third highest pri- may include consultation with and support for
ing, surveillance, and voluntary isolation and ority to applicants proposing to serve high num- cultural or civic organizations with established
quarantine activities with respect to COVID–19. bers of low-income and uninsured populations, ties to the community;
(b) COORDINATION; TECHNICAL ASSISTANCE.— including medically underserved populations (as (D) provides individuals identified under the
In carrying out the national system under this defined in section 330(b)(3) of the Public Health contact tracing program with information and
section, the Secretary shall— Service Act (42 U.S.C. 254b(b)(3))), health pro- support for containment or mitigation;
(1) coordinate State, local, Tribal, and terri- fessional shortage areas (as defined under sec- (E) enables State, local, Tribal, and territorial
torial activities related to testing, contact trac- tion 332(a) of the Public Health Service Act (42 health departments to work with a nongovern-
ing, surveillance, containment, and mitigation U.S.C. 254e(a))), racial and ethnic minorities, or mental, community partner or partners and
with respect to COVID–19, as appropriate; and geographically diverse areas, as determined by State and local workforce development systems
(2) provide technical assistance for such ac- the Secretary. (as defined in section 3(67) of Workforce Innova-
tivities, as appropriate. (2) NOTIFICATION.—Not later than the date tion and Opportunity Act (29 U.S.C. 3102(67)))
(c) CONSIDERATION.—In establishing and im- that is one week before first awarding grants receiving grants under section 30566(b) of this
plementing the national system under this sec- under this section, the Secretary shall submit to Act to hire and compensate a locally-sourced
tion, the Secretary shall take into consider- the Committee on Energy and Commerce of the contact tracing workforce, if necessary, to sup-
ation— House of Representatives and the Committee on plement the public health workforce, to—
(1) the State plans referred to in the heading Health, Education, Labor and Pensions of the (i) identify the number of contact tracers
‘‘Public Health and Social Services Emergency Senate a notification detailing the formula es- needed for the respective State, locality, terri-
Fund’’ in title I of division B of the Paycheck tablished under paragraph (1) for allocating torial, or Tribal health department to identify
Protection Program and Health Care Enhance- amounts made available pursuant to subsection all cases of COVID–19 currently in the jurisdic-
ment Act (Public Law 116–139); and (a). tion and those anticipated to emerge over the
(2) the testing strategy submitted under sec- (d) USE OF FUNDS.—A State, local, Tribal, and next 18 months in such jurisdiction;
tion 30541. territorial health department receiving a grant (ii) outline qualifications necessary for con-
(d) REPORTING.—The Secretary shall— under this section shall, to the extent possible, tact tracers;
(1) not later than December 31, 2020, submit to use the grant funds for the following activities, (iii) train the existing and newly hired public
the Committee on Energy and Commerce of the or other activities deemed appropriate by the Di- health workforce on best practices related to
House of Representatives and the Committee on rector of the Centers for Disease Control and tracing close contacts of individuals diagnosed
Health, Education, Labor and Pensions a pre- Prevention: with COVID–19, including the protection of in-
liminary report on the effectiveness of the ac- (1) TESTING.—To implement a coordinated dividual privacy and cybersecurity protection;
tivities carried out pursuant to this subtitle; and testing system that— and
(A) leverages or modernizes existing testing in- (iv) equip the public health workforce with
(2) not later than December 21, 2021, submit to
frastructure and capacity; tools and resources to enable a rapid response to
such committees a final report on such effective-
(B) is consistent with the updated testing new cases;
ness.
strategy required under section 30541; (F) identifies the level of contact tracing need-
SEC. 30562. GRANTS.
(C) is coordinated with the State plan for ed within the State, locality, territory, or Tribal
(a) IN GENERAL.—To implement the national COVID–19 testing prepared as required under area to contain and mitigate the transmission of
system under section 30561, the Secretary, acting the heading ‘‘Department of Health and Human COVID–19;
through the Director of the Centers for Disease Services—Office of the Secretary—Public Health (G) establishes statewide mechanisms to inte-
Control and Prevention, shall, subject to the and Social Service Emergency Fund’’ in title I of grate regular evaluation to the Centers for Dis-
availability of appropriations, award grants to division B of the Paycheck Protection Program ease Control and Prevention regarding contact
State, local, Tribal, and territorial health de- and Health Care Enhancement Act (Public Law tracing efforts, makes such evaluation publicly
partments that seek grants under this section to 116–139; 134 Stat. 620, 624); available, and to the extent possible provides for
carry out coordinated testing, contact tracing, (D) is informed by contact tracing and surveil- such evaluation at the county level; and
surveillance, containment, and mitigation with lance activities under this subtitle; (H) identifies specific strategies for ensuring
respect to COVID–19, including— (E) is informed by guidelines established by contact tracing activities in medically under-
(1) diagnostic and surveillance testing and re- the Centers for Disease Control and Prevention served populations (as defined in section
porting; for which populations should be tested; 330(b)(3) of the Public Health Service Act (42
(2) community-based contact tracing efforts; (F) identifies how diagnostic and serological U.S.C. 254b(b)(3))), health professional shortage
and tests in such system shall be validated prior to areas (as defined under section 332(a) of the
(3) policies related to voluntary isolation and use; Public Health Service Act (42 U.S.C. 254e(a))),
quarantine of individuals infected with, or ex- (G) identifies how diagnostic and serological racial and ethnic minority populations, and
posed to individuals infected with, the virus tests and testing supplies will be distributed to geographically diverse areas, as determined by
that causes COVID–19. implement such system; the Secretary.
(b) FLEXIBILITY.—The Secretary shall ensure (H) identifies specific strategies for ensuring (3) SURVEILLANCE.—To strengthen the existing
that— testing capabilities and accessibility in medi- public health surveillance system that—
(1) the grants under subsection (a) provide cally underserved populations (as defined in (A) leverages or modernizes existing surveil-
flexibility for State, local, Tribal, and territorial section 330(b)(3) of the Public Health Service Act lance systems within the respective State, local,
health departments to modify, establish, or (42 U.S.C. 254b(b)(3))), health professional Tribal, or territorial health department and na-
maintain evidence-based systems; and shortage areas (as defined under section 332(a) tional surveillance systems;
(2) local health departments receive funding of the Public Health Service Act (42 U.S.C. (B) detects and identifies trends in COVID–19
from State health departments or directly from 254e(a))), racial and ethnic minority popu- at the county level;
the Centers for Disease Control and Prevention lations, and geographically diverse areas, as de- (C) evaluates State, local, Tribal, and terri-
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to contribute to such systems, as appropriate. termined by the Secretary; torial health departments in achieving surveil-
(c) ALLOCATIONS.— (I) identifies how testing may be used, and re- lance capabilities with respect to COVID–19;
(1) FORMULA.—The Secretary, acting through sults may be reported, in both health care set- (D) integrates and improves disease surveil-
the Director of the Centers for Disease Control tings (such as hospitals, laboratories for mod- lance and immunization tracking; and
and Prevention, shall allocate amounts made erate or high-complexity testing, pharmacies, (E) identifies specific strategies for ensuring
available pursuant to subsection (a) in accord- mobile testing units, and community health cen- disease surveillance in medically underserved
ance with a formula to be established by the ters) and non-health care settings (such as populations (as defined in section 330(b)(3) of
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2097
the Public Health Service Act (42 U.S.C. (2) update such list not less than every 7 days (1) objective standards to characterize the per-
254b(b)(3))), health professional shortage areas until all funds made available to carry out this formance of all diagnostic and serological tests
(as defined under section 332(a) of the Public section are expended. for COVID–19 in order to independently evalu-
Health Service Act (42 U.S.C. 254e(a))), racial SEC. 30563. GUIDANCE, TECHNICAL ASSISTANCE, ate tests continuously over time;
and ethnic minority populations, and geo- INFORMATION, AND COMMUNICA- (2) protocols for the evaluation of the perform-
graphically diverse areas, as determined by the TION. ance of diagnostic and serological tests for
Secretary. (a) IN GENERAL.— Not later than 14 days after COVID–19; and
(4) CONTAINMENT AND MITIGATION.—To imple- the date of the enactment of this Act, the Sec- (3) a repository of characterized specimens to
ment a coordinated containment and mitigation retary, in coordination with other Federal agen- use to evaluate the performance of those tests
system that— cies, as appropriate, shall issue guidance, pro- that can be made available for appropriate enti-
(A) leverages or modernizes existing contain- vide technical assistance, and provide informa- ties to use to evaluate performance.
ment and mitigation strategies within the re- tion to States, localities, Tribes, and territories, (d) COMMUNICATION.—The Secretary shall
spective State, local, Tribal, or territorial gov- with respect to the following: identify and publicly announce the form and
ernments and national containment and mitiga- (1) The diagnostic and serological testing of manner for communication with State, local,
tion strategies; individuals identified through contact tracing Tribal, and territorial health departments for
(B) may provide for, connect to, and leverage for COVID–19, including information with re- purposes of carrying out the activities addressed
existing social services and support for individ- spect to the reduction of duplication related to by guidance issued under subsections (a) and
uals who have been infected with or exposed to programmatic activities, reporting, and billing. (b).
(2) Best practices regarding contact tracing, (e) AVAILABILITY TO PROVIDERS.—Guidance
COVID–19 and who are isolated or quarantined
including the collection of data with respect to issued under subsection (a)(1) shall be issued to
in their homes, such as through—
(i) food assistance programs; such contact tracing and requirements related to health care providers.
(ii) guidance for household infection control; the standardization of demographic and (f) ONGOING PROVISION OF GUIDANCE AND
(iii) information and assistance with childcare syndromic information collected as part of con- TECHNICAL ASSISTANCE.—Notwithstanding
services; and tact tracing efforts. whether funds are available specifically to carry
(iv) information and assistance pertaining to (3) Best practices regarding COVID–19 disease out this subtitle, guidance and technical assist-
support available under the CARES Act (Public surveillance, including best practices to reduce ance shall continue to be provided under this
Law 116–136) and this Act; duplication in surveillance activities, identi- section.
(C) provides guidance on the establishment of fying gaps in surveillance and surveillance sys- SEC. 30564. RESEARCH AND DEVELOPMENT.
safe, high-quality, facilities for the voluntary tems, and ways in which the Secretary plans to
The Secretary, in coordination with the Direc-
isolation of individuals infected with, or quar- effectively support State, local, Tribal and terri-
tor of the Centers for Disease Control and Pre-
antine of the contacts of individuals exposed to torial health departments in addressing such
vention and in collaboration with the Director
COVID–19, where hospitalization is not re- gaps.
of the National Institutes of Health, the Direc-
(4) Information on ways for State, local, Trib-
quired, which facilities should— tor of the Agency for Healthcare Research and
(i) be prohibited from making inquiries relat- al, and territorial health departments to estab-
Quality, the Commissioner of Food and Drugs,
ing to the citizenship status of an individual lish and maintain the testing, contact tracing,
and the Administrator of the Centers for Medi-
isolated or quarantined; and and surveillance activities described in para-
care & Medicaid Services, shall support research
(ii) be operated by a non-Federal, community graphs (1) through (3).
(5) The protection of any personally identifi- and development on more efficient and effective
partner or partners that— strategies—
able health information collected pursuant to
(I) have previously established relationships (1) for the surveillance of SARS–CoV–2 and
this subtitle.
in localities; COVID–19;
(6) Best practices regarding privacy and cy-
(II) work with local places of worship, com- (2) for the testing and identification of indi-
bersecurity protection related to contact tracing,
munity centers, medical facilities, and schools to viduals infected with COVID–19; and
containment, and mitigation efforts.
recruit local staff for such facilities; and (b) GUIDANCE ON PAYMENT.—Not later than 14 (3) for the tracing of contacts of individuals
(III) are fully integrated into State, local, days after the date of the enactment of this Act, infected with COVID–19.
Tribal, or territorial containment and mitigation the Secretary, in coordination with the Adminis- SEC. 30565. AWARENESS CAMPAIGNS.
efforts; and trator of the Centers for Medicare & Medicaid The Secretary, acting through the Director of
(D) identifies specific strategies for ensuring the Centers for Disease Control and Prevention
Services, the Director of the Centers for Disease
containment and mitigation activities in medi- and in coordination with other offices and
Control and Prevention, and in coordination
cally underserved populations (as defined in agencies, as appropriate, shall award competi-
with other Federal agencies, as appropriate,
section 330(b)(3) of the Public Health Service Act tive grants or contracts to one or more public or
shall develop and issue to State, local, Tribal,
(42 U.S.C. 254b(b)(3))), health professional private entities, including faith-based organiza-
and territorial health departments clear guid-
shortage areas (as defined under section 332(a) tions, to carry out multilingual and culturally
ance and policies—
of the Public Health Service Act (42 U.S.C. (1) with respect to the coordination of claims appropriate awareness campaigns. Such cam-
254e(a))), racial and ethnic minority popu- submitted for payment out of the Public Health paigns shall—
lations, and geographically diverse areas, as de- and Social Services Emergency Fund for services (1) be based on available scientific evidence;
termined by the Secretary. furnished in a facility referred to in section (2) increase awareness and knowledge of
(e) REPORTING.—The Secretary shall facilitate 30562(d)(4)(C); COVID–19, including countering stigma associ-
mechanisms for timely, standardized reporting (2) identifying how an individual who is iso- ated with COVID–19;
by grantees under this section regarding imple- lated or quarantined at home or in such a facil- (3) improve information on the availability of
mentation of the systems established under this ity— COVID–19 diagnostic testing; and
section and coordinated processes with the re- (A) incurs no out-of-pocket costs for any serv- (4) promote cooperation with contact tracing
porting as required and under the heading ‘‘De- ices furnished to such individual while isolated; efforts.
partment of Health and Human Services—Office and SEC. 30566. GRANTS TO STATE AND TRIBAL WORK-
of the Secretary—Public Health and Social Serv- (B) may receive income support for lost earn- FORCE AGENCIES.
ice Emergency Fund’’ in title I of division B of ings or payments for expenses such as child care (a) DEFINITIONS.—In this section:
the Paycheck Protection Program and Health or elder care while such individual is isolated at (1) IN GENERAL.—Except as otherwise pro-
Care Enhancement Act (Public Law 116–139, 134 home or in such a facility; vided, the terms in this section have the mean-
Stat. 620), including— (3) providing information and assistance per- ings given the terms in section 3 of the Work-
(1) a summary of county or local health de- taining to support available under the CARES force Innovation and Opportunity Act (29
partment level information from the States re- Act (Public Law 116–136) and this Act; and U.S.C. 3102).
ceiving funding, and information from directly (4) identifying State, local, Tribal, and terri- (2) APPRENTICESHIP; APPRENTICESHIP PRO-
funded localities, territories, and Tribal entities, torial health departments or partner agencies GRAM.—The term ‘‘apprenticeship’’ or ‘‘appren-
about the activities that will be undertaken that may provide social support services, such ticeship program’’ means an apprenticeship pro-
using funding awarded under this section, in- as groceries or meals, health education, internet gram registered under the Act of August 16, 1937
cluding subgrants; access, and behavioral health services, to indi- (commonly known as the ‘‘National Apprentice-
(2) any anticipated shortages of required ma- viduals who isolated or quarantined at home or ship Act’’) (50 Stat. 664, chapter 663; 29 U.S.C.
terials for testing for COVID–19 under sub- in such a facility. 50 et seq.), including any requirement, standard,
section (a); and (c) GUIDANCE ON TESTING.—Not later than 14 or rule promulgated under such Act, as such re-
(3) other barriers in the prevention, mitiga- days after the date of the enactment of this Act, quirement, standard, or rule was in effect on
tion, or treatment of COVID–19 under this sec- the Secretary, in coordination with the Commis- December 30, 2019.
tion. sioner of Food and Drugs, the Director of the (3) CONTACT TRACING AND RELATED POSI-
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(f) PUBLIC LISTING OF AWARDS.—The Sec- National Institutes of Health, and the Director TIONS.—The term ‘‘contact tracing and related
retary shall— of the Centers for Disease Control and Preven- positions’’ means employment related to contact
(1) not later than 7 days after first awarding tion, and in coordination with other Federal tracing, surveillance, containment, and mitiga-
grants under this section, post in a searchable, agencies as appropriate, shall develop and issue tion activities as described in paragraphs (2),
electronic format a list of all awards made by to State, local, Tribal, and territorial health de- (3), and (4) of section 30562(d).
the Secretary under this section, including the partments clear guidance and policies regard- (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
recipients and amounts of such awards; and ing— ty’’ means—
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H2098 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(A) a State or territory, including the District (A) plans for the recruitment of eligible indi- cruit, place, and train individuals as a part of
of Columbia and Puerto Rico; viduals to serve as contact tracers and related the State strategy described in subsection
(B) an Indian Tribe, Tribal organization, positions, including dislocated workers, individ- (c)(2)(A).
Alaska Native entity, Indian-controlled organi- uals with barriers to employment, veterans, new (II) Subject to subclause (I), the formula shall
zations serving Indians, or Native Hawaiian or- entrants in the workforce, or underemployed or give priority in accordance with section 30562(c).
ganizations; furloughed workers, who are from or reside in or (ii) Not more than 2 percent of the funding for
(C) an outlying area; or near the local area in which they will serve, and administration of the grants and for providing
(D) a local board, if an eligible entity under who, to the extent practicable— technical assistance to recipients of funds under
subparagraphs (A) through (C) has not applied (i) have experience or a background in indus- this section.
with respect to the area over which the local try-sectors and occupations such as public (B) EQUITABLE DISTRIBUTION.—If the geo-
board has jurisdiction as of the date on which health, social services, customer service, case graphic region served by one or more eligible en-
the local board submits an application under management, or occupations that require related tities overlaps, the Secretary shall distribute
subsection (c). qualifications, skills, or competencies, such as funds among such entities in such a manner
(5) ELIGIBLE INDIVIDUAL.—Notwithstanding strong interpersonal and communication skills, that ensures equitable distribution with respect
section 170(b)(2) of the Workforce Innovation needed for contact tracing and related positions, to the factors under subsection (c)(5).
and Opportunity Act (29 U.S.C. 3225(b)(2)), the as described in section 30562(d)(2)(E)(ii); or (2) ELIGIBLE ENTITY USE OF FUNDS.—An eligi-
term ‘‘eligible individual’’ means an individual (ii) seek to transition to public health and ble entity described in subparagraphs (A)
seeking or securing employment in contact trac- public health related occupations upon the con- through (C) of subsection (a)(4)—
ing and related positions and served by an eligi- clusion of employment in contact tracing and (A) shall, not later than 30 days after the date
ble entity or community-based organization re- related positions; and on which the entity receives grant funds under
ceiving funding under this section. (B) how such strategies will take into account this section, provide not less than 70 percent of
(6) SECRETARY.—The term ‘‘Secretary’’ means the diversity of such community, including ra- grant funds to local boards for the purpose of
the Secretary of Labor. cial, ethnic, socioeconomic, linguistic, or geo-
(b) GRANTS.— carrying out activities in subsection (f);
graphic diversity; (B) may use up to 20 percent of such funds to
(1) IN GENERAL.—Subject to the availability of
(4) the amount, timing, and mechanisms for make subgrants to community-based organiza-
appropriations under subsection (g), the Sec-
distribution of funds provided to local boards or tions in the service area to conduct outreach, to
retary shall award national dislocated worker
through subgrants as described in subsection potential eligible individuals, as described in
grants under section 170(b)(1)(B) of the Work-
(d); subsection (d);
force Innovation and Opportunity Act (29 (5) for eligible entities described in subpara-
U.S.C. 3225(b)(1)(B)) to each eligible entity that (C) in providing funds to local boards and
graphs (A) through (C) of subsection (a)(4), a awarding subgrants under this subsection shall
seeks a grant to assist local boards and commu- description of how the eligible entity will ensure
nity-based organizations in carrying out activi- ensure the equitable distribution with respect to
the equitable distribution of funds with respect the factors described in subsection (c)(5); and
ties under subsections (f) and (d), respectively, to—
for the following purposes: (D) may use not more than 10 percent of the
(A) geography (such as urban and rural dis- funds awarded under this section for the admin-
(A) To support the recruitment, placement,
tribution); istrative costs of carrying out the grant and for
and training, as applicable, of eligible individ-
(B) medically underserved populations (as de- providing technical assistance to local boards
uals seeking employment in contact tracing and
fined in section 33(b)(3) of the Public Health and community-based organizations.
related positions in accordance with the na-
Service Act (42 U.S.C. 254b(b))); (3) LOCAL BOARD USE OF FUNDS.—A local
tional system for COVID–19 testing, contact (C) health professional shortage areas (as de-
tracing, surveillance, containment, and mitiga- board, or an eligible entity that is a local board,
fined under section 332(a) of the Public Health shall use—
tion established under section 30561. Service Act (42 U.S.C. 254e(a))); and
(B) To assist with the employment transition (A) not less than 60 percent of the funds for
(D) the racial and ethnic diversity of the area;
to new employment or education and training of recruitment and training for COVID–19 testing,
and
individuals employed under this section in prep- contact tracing, surveillance, containment, and
(6) for eligible entities who are local boards, a
aration for and upon termination of such em- mitigation established under section 30561;
description of how a grant to such eligible entity
ployment. (B) not less than 30 of the funds to support
would serve the equitable distribution of funds
(2) TIMELINE.—The Secretary of Labor shall— the transition of individuals hired as contact
(A) issue application requirements under sub- as described in paragraph (5).
tracers and related positions into an education
(d) SUBGRANT AUTHORIZATION AND APPLICA-
section (c) not later than 10 days after the date or training program, or unsubsidized employ-
TION PROCESS.—
of enactment of this section; and ment upon completion of such positions; and
(B) award grants to an eligible entity under (1) IN GENERAL.—An eligible entity may award
a subgrant to one or more community-based or- (C) not more than 10 percent of the funds for
paragraph (1) not later than 10 days after the administrative costs.
date on which the Secretary receives an applica- ganizations for the purposes of partnering with
a State or local board to conduct outreach and (f) ELIGIBLE ACTIVITIES.—The State or local
tion from such entity. boards shall use funds awarded under this sec-
(c) GRANT APPLICATION.—An eligible entity education activities to inform potentially eligible
individuals about employment opportunities in tion to support the recruitment and placement
applying for a grant under this section shall of eligible individuals, training and employment
submit an application to the Secretary, at such contact tracing and related positions.
(2) APPLICATION.—A community-based organi- transition as related to contact tracing and re-
time and in such form and manner as the Sec- lated positions, and for the following activities:
retary may reasonably require, which shall in- zation shall submit an application at such time
and in such manner as the eligible entity may (1) Establishing or expanding partnerships
clude a description of— with—
(1) how the eligible entity will support the re- reasonably require, including—
(A) a demonstration of the community-based (A) State, local, Tribal, and territorial public
cruitment, placement, and training, as applica- health departments;
ble, of eligible individuals seeking employment organization’s established expertise and effec-
tiveness in community outreach in the local area (B) community-based health providers, includ-
in contact tracing and related positions by ing community health centers and rural health
partnering with— that such organization plans to serve;
(B) a demonstration of the community-based clinics;
(A) a State, local, Tribal, or territorial health
organization’s expertise in providing employ- (C) labor organizations or joint labor manage-
department; or
(B) one or more nonprofit or community-based ment or public health information to the local ment organizations;
organizations partnering with such health de- areas in which such organization plans to serve; (D) two-year and four-year institutions of
partments; and higher education (as defined in section 101 of
(2) how the activities described in paragraph (C) a description of the expertise of the com- the Higher Education Act of 1965 (20 U.S.C.
(1) will support State efforts to address the de- munity-based organization in utilizing cul- 1001)), including institutions eligible to receive
mand for contact tracing and related positions turally competent and multilingual strategies in funds under section 371(a) of the Higher Edu-
with respect to— the provision of services. cation Act of 1965 (20 U.S.C. 1067q(a)); and
(A) the State plans referred to in the heading (e) GRANT DISTRIBUTION.— (E) community action agencies or other com-
‘‘Public Health and Social Services Emergency (1) FEDERAL DISTRIBUTION.— munity-based organizations serving local areas
Fund’’ in title I of division B of the Paycheck (A) USE OF FUNDS.— The Secretary of Labor in which there is a demand for contact tracing
Protection Program and Health Care Enhance- shall use the funds appropriated to carry out and related positions.
ment Act (Public Law 116–139); this section as follows: (2) Providing training for contact tracing and
(B) the testing strategy submitted under sec- (i) Subject to clause (ii), the Secretary shall related positions in coordination with State,
tion 30541; and distribute funds among eligible entities in ac- local, Tribal, or territorial health departments
(C) the number of eligible individuals that the cordance with a formula to be established by the that is consistent with the State or territorial
dlhill on DSK120RN23PROD with HOUSE
State plans to recruit and train under the plans Secretary that provides a minimum level of testing and contact tracing strategy, and ensur-
and strategies described in subparagraphs (A) funding to each eligible entity that seeks a ing that eligible individuals receive compensa-
and (B); grant under this section and allocates addi- tion while participating in such training.
(3) the specific strategies for recruiting and tional funding as follows: (3) Providing eligible individuals with—
placement of eligible individuals from or resid- (I) The formula shall give first priority based (A) adequate and safe equipment, environ-
ing within the communities in which they will on the number and proportion of contact tracing ments, and facilities for training and super-
work, including— and related positions that the State plans to re- vision, as applicable;
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2099
(B) information regarding the wages and ben- to the indicators of performance under section SEC. 30568. AUTHORIZATION OF APPROPRIA-
efits related to contact tracing and related posi- 116 of the Workforce Innovation and Oppor- TIONS.
tions, as compared to State, local, and national tunity Act (29 U.S.C. 3141), as applicable; To carry out this subtitle, there are author-
averages; (E) the number of individuals in unsubsidized ized to be appropriated $75,000,000,000, to remain
(C) supplies and equipment needed by the eli- employment within six months and 1 year, re- available until expended.
gible individuals to support placement of an in- spectively, of the conclusion of employment in Subtitle E—Demographic Data and Supply
dividual in contact tracing and related posi- contact tracing and related positions and, of Reporting Related to COVID–19
tions, as applicable; those, the number of individuals within a State, SEC. 30571. COVID–19 REPORTING PORTAL.
(D) an individualized employment plan for territorial, or local public health department in
each eligible individual, as applicable— (a) IN GENERAL.—Not later than 15 days after
an occupation related to public health; the date of enactment of this Act, the Secretary
(i) in coordination with the entity employing
the eligible individual in a contact tracing and (F) any information on how eligible entities, shall establish and maintain an online portal
related positions; and local boards, or community-based organizations for use by eligible health care entities to track
(ii) which shall include providing a case man- that received funding under this subsection and transmit data regarding their personal pro-
ager to work with each eligible individual to de- were able to support the goals of the national tective equipment and medical supply inventory
velop the plan, which may include— system for COVID–19 testing, contact tracing, and capacity related to COVID–19.
(I) identifying employment and career goals, surveillance, containment, and mitigation estab- (b) ELIGIBLE HEALTH CARE ENTITIES.—In this
and setting appropriate achievement objectives lished under section 30561 of this Act; and section, the term ‘‘eligible health care entity’’
to attain such goals; and (G) best practices for improving and increas- means a licensed acute care hospital, hospital
(II) exploring career pathways that lead to in- ing the transition of individuals employed in system, or long-term care facility with confirmed
demand industries and sectors, including in contract tracing and related positions to unsub- cases of COVID–19.
public health and related occupations; and sidized employment. (c) SUBMISSION.—An eligible health care enti-
(E) services for the period during which the (2) DISAGGREGATION.—All data reported under ty shall report using the portal under this sec-
eligible individual is employed in a contact trac- paragraph (1) shall be disaggregated by race, tion on a biweekly basis in order to assist the
ing and related position to ensure job retention, ethnicity, sex, age, and, with respect to individ- Secretary in tracking usage and need of
which may include— uals with barriers to employment, subpopulation COVID–related supplies and personnel in a reg-
(i) supportive services throughout the term of of such individuals, except for when the number ular and real-time manner.
employment; of participants in a category is insufficient to (d) INCLUDED INFORMATION.—The Secretary
(ii) a continuation of skills training as related yield statistically reliable information or when shall design the portal under this section to in-
to employment in contact tracing and related the results would reveal personally identifiable clude information on personal protective equip-
positions, that is conducted in collaboration information about an individual participant. ment and medical supply inventory and capac-
with the employers of such individuals; ity related to COVID–19, including with respect
(iii) mentorship services and job retention sup- (i) SPECIAL RULE.—Any funds used for pro-
to the following:
port for eligible individuals; or grams under this section that are used to fund
(1) PERSONAL PROTECTIVE EQUIPMENT.—Total
(iv) targeted training for managers and work- an apprenticeship or apprenticeship program personal protective equipment inventory, includ-
ers working with eligible individuals (such as shall only be used for, or provided to, an ap- ing, in units, the numbers of N95 masks and au-
mentors), and human resource representatives; prenticeship or apprenticeship program that thorized equivalent respirator masks, surgical
(4) Supporting the transition and placement meets the definition of such term subsection (a) masks, exam gloves, face shields, isolation
in unsubsidized employment for eligible individ- of this section, including any funds awarded for gowns, and coveralls.
uals serving in contact tracing and related posi- the purposes of grants, contracts, or cooperative (2) MEDICAL SUPPLY.—
tions after such positions are no longer nec- agreements, or the development, implementa- (A) Total ventilator inventory, including, in
essary in the State or local area, including— tion, or administration, of an apprenticeship or units, the number of universal, adult, pediatric,
(A) any additional training and employment an apprenticeship program. and infant ventilators.
activities as described in section 170(d)(4) of the (j) INFORMATION SHARING REQUIREMENT FOR (B) Total diagnostic and serological test in-
Workforce Innovation and Opportunity Act (29 HHS.—The Secretary of Health and Human ventory, including, in units, the number of test
U.S.C. 3225(d)(4)); Services, acting through the Director of the Cen- platforms, tests, test kits, reagents, transport
(B) developing the appropriate combination of ters for Disease Control and Prevention, shall media, swabs, and other materials or supplies
services to enable the eligible individual to provide the Secretary of Labor, acting through determined necessary by the Secretary.
achieve the employment and career goals identi- the Assistant Secretary of the Employment and (3) CAPACITY.—
fied under paragraph (3)(D)(ii)(I); and Training Administration, with information on (A) Case count measurements, including con-
(C) services to assist eligible individuals in grants under section 30562, including— firmed positive cases and persons under inves-
maintaining employment for not less than 12 (1) the formula used to award such grants to tigation.
months after the completion of employment in State, local, Tribal, and territorial health de- (B) Total number of staffed beds, including
contact tracing and related positions, as appro- partments; medical surgical beds, intensive care beds, and
priate. critical care beds.
(5) Any other activities as described in sub- (2) the dollar amounts of and scope of the
work funded under such grants; (C) Available beds, including medical surgical
sections (a)(3) and (b) of section 134 of the
(3) the geographic areas served by eligible en- beds, intensive care beds, and critical care beds.
Workforce Innovation and Opportunity Act (29 (D) Total number of COVID–19 patients cur-
U.S.C. 3174). tities that receive such grants; and
rently utilizing a ventilator.
(g) LIMITATION.—Notwithstanding section (4) the number of contact tracers and related
(E) Average number of days a COVID–19 pa-
170(d)(3)(A) of the Workforce Innovation and positions to be hired using such grants.
tient is utilizing a ventilator.
Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a per- (k) AUTHORIZATION OF APPROPRIATIONS.—Of (F) Total number of additionally needed pro-
son may be employed in a contact tracing and the amounts appropriated to carry out this sub- fessionals in each of the following categories:
related positions using funds under this section title, $500,000,000 shall be used by the Secretary intensivists, critical care physicians, respiratory
for a period not greater than 2 years. of Labor to carry out subsections (a) through
(h) REPORTING BY THE DEPARTMENT OF therapists, registered nurses, certified registered
(h) of this section. nurse anesthetists, and laboratory personnel.
LABOR.—
(1) IN GENERAL.—Not later than 120 days of SEC. 30567. APPLICATION OF THE SERVICE CON- (G) Total number of hospital personnel cur-
TRACT ACT TO CONTRACTS AND rently not working due to self-isolation fol-
the enactment of this Act, and once grant funds GRANTS.
have been expended under this section, the Sec- lowing a known or presumed COVID–19 expo-
retary shall report to the Committee on Edu- Contracts and grants which include contact sure.
cation and Labor of the House of Representa- tracing as part of the scope of work and that (e) ACCESS TO INFORMATION RELATED TO IN-
are awarded under this subtitle shall require VENTORY AND CAPACITY.—The Secretary shall
tives and the Committee on Health, Education,
Labor and Pensions of the Senate, and make that contract tracers and related positions are ensure that relevant agencies and officials, in-
publicly available a report containing a descrip- paid not less than the prevailing wage and cluding the Centers for Disease Control and Pre-
tion of— fringe rates required under chapter 67 of title 41, vention, the Assistant Secretary for Prepared-
(A) the number of eligible individuals re- United States Code (commonly known as the ness and Response, and the Federal Emergency
cruited, hired, and trained in contact tracing ‘‘Service Contract Act’’) for the area in which Management Agency, have access to informa-
and related positions; the work is performed. To the extent that a non- tion related to inventory and capacity submitted
(B) the number of individuals successfully standard wage determination is required to es- under this section.
transitioned to unsubsidized employment or tablish a prevailing wage for contact tracers (f) WEEKLY REPORT TO CONGRESS.—On a
training at the completion of employment in and related positions for purposes of this sub- weekly basis, the Secretary shall transmit infor-
mation related to inventory and capacity sub-
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contact tracing and related positions using title, the Secretary of Labor shall issue such de-
funds under this subtitle; termination not later than 14 days after the date mitted under this section to the appropriate
(C) the number of such individuals who were of enactment of this Act, based on a job descrip- committees of the House and Senate.
unemployed prior to being hired, trained, or de- tion used by the Centers for Disease Control and SEC. 30572. REGULAR CDC REPORTING ON DEMO-
ployed as described in paragraph (1); Prevention and contractors or grantees per- GRAPHIC DATA.
(D) the performance of each program sup- forming contact tracing for State public health Not later than 14 days after the date of enact-
ported by funds under this subtitle with respect agencies. ment of this Act, the Secretary, in coordination
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H2100 CONGRESSIONAL RECORD — HOUSE May 15, 2020
with the Director of the Centers for Disease petent, accurate, and increased data collection ported under this section are tribally-directed
Control and Prevention, shall amend the report- and transmission; and and carried out in a manner which ensures
ing under the heading ‘‘Department of Health (4) any recommended changes to legislative or Tribal-direction of all data collected under this
and Human Services—Office of the Secretary— regulatory authority to help improve and in- section—
Public Health and Social Service Emergency crease health inequities data collection. (1) according to Tribal best practices regard-
Fund’’ in title I of division B of the Paycheck (c) FINAL REPORT.—Not later than December ing research design and implementation, includ-
Protection Program and Health Care Enhance- 31, 2023, the Secretary shall— ing by ensuring the consent of the Tribes in-
ment Act (Public Law 116–139; 134 Stat. 620, 626) (1) update and finalize the initial report under volved to public reporting of Tribal data;
on the demographic characteristics, including subsection (b); and (2) according to all relevant and applicable
race, ethnicity, age, sex, gender, geographic re- (2) submit such final report to the committees Tribal, professional, institutional, and Federal
gion, and other relevant factors of individuals specified in such subsection. standards for conducting research and gov-
tested for or diagnosed with COVID–19, to in- (d) AUTHORIZATION OF APPROPRIATIONS.— erning research ethics;
clude— There is authorized to be appropriated to carry (3) with the prior and informed consent of any
(1) providing technical assistance to State, out this section $100,000,000, to remain available Indian Tribe participating in the research or
local, and territorial health departments to im- until expended. sharing data for use under this section; and
(4) in a manner that respects the inherent sov-
prove the collection and reporting of such demo- SEC. 30575. TRIBAL FUNDING TO RESEARCH
HEALTH INEQUITIES INCLUDING ereignty of Indian Tribes, including Tribal gov-
graphic data;
COVID–19. ernance of data and research.
(2) if such data is not so collected or reported, (g) FINAL REPORT.—Not later than December
the reason why the State, local, or territorial de- (a) IN GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Di- 31, 2023, the Director of the Indian Health Serv-
partment of health has not been able to collect ice shall—
or provide such information; and rector of the Indian Health Service, in coordina-
(1) update and finalize the initial report under
(3) making a copy of such report available tion with Tribal Epidemiology Centers and other
subsection (e); and
publicly on the website of the Centers for Dis- Federal agencies, as appropriate, shall conduct (2) submit such final report to the committees
ease Control and Prevention. or support research and field studies for the specified in such subsection.
SEC. 30573.
FEDERAL MODERNIZATION FOR purposes of improved understanding of Tribal (h) DEFINITIONS.—In this section:
HEALTH INEQUITIES DATA. health inequities among American Indians and (1) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or-
(a) IN GENERAL.—The Secretary shall work Alaska Natives, including with respect to— ganization’’ have the meanings given to such
with covered agencies to support the moderniza- (1) disparities related to COVID–19; terms in section 4 of the Indian Self-Determina-
tion of data collection methods and infrastruc- (2) public health surveillance and infrastruc- tion and Education Assistance Act (25 U.S.C.
ture at such agencies for the purpose of increas- ture regarding unmet needs in Indian country 5304).
ing data collection related to health inequities, and Urban Indian communities; (2) The term ‘‘Urban Indian organization’’
such as racial, ethnic, socioeconomic, sex, gen- (3) population-based health disparities; has the meaning given to such term in section 4
(4) barriers to health care services; of the Indian Health Care Improvement Act (25
der, and disability disparities.
(5) the impact of socioeconomic status; and U.S.C. 1603).
(b) COVERED AGENCY DEFINED.—In this sec-
(6) factors contributing to Tribal health in- (i) AUTHORIZATION OF APPROPRIATIONS.—
tion, the term ‘‘covered agency’’ means each of
equities. There is authorized to be appropriated to carry
the following Federal agencies:
(b) CONSULTATION, CONFER, AND COORDINA- out this section $25,000,000, to remain available
(1) The Agency for Healthcare Research and
TION.—In carrying out this section, the Director until expended.
Quality.
of the Indian Health Service shall— SEC. 30576. CDC FIELD STUDIES PERTAINING TO
(2) The Centers for Disease Control and Pre-
(1) consult with Indian Tribes and Tribal or- SPECIFIC HEALTH INEQUITIES.
vention.
ganizations; (a) IN GENERAL.—Not later than 90 days after
(3) The Centers for Medicare & Medicaid Serv- (2) confer with Urban Indian organizations;
ices. the date of enactment of this Act, the Secretary,
and acting through the Centers for Disease Control
(4) The Food and Drug Administration. (3) coordinate with the Director of the Centers
(5) The Office of the National Coordinator for and Prevention, in collaboration with State,
for Disease Control and Prevention and the Di- local, and territorial health departments, shall
Health Information Technology. rector of the National Institutes of Health.
(6) The National Institutes of Health. complete (by the reporting deadline in sub-
(c) PROCESS.—Not later than 60 days after the section (b)) field studies to better understand
(c) AUTHORIZATION OF APPROPRIATIONS.— date of enactment of this Act, the Director of
There is authorized to be appropriated to each health inequities that are not currently tracked
the Indian Health Service shall establish a na- by the Secretary. Such studies shall include an
covered agency to carry out this section tionally representative panel to establish proc-
$4,000,000, to remain available until expended. analysis of—
esses and procedures for the research and field (1) the impact of socioeconomic status on
SEC. 30574.
MODERNIZATION OF STATE AND studies conducted or supported under subsection health care access and disease outcomes, includ-
LOCAL HEALTH INEQUITIES DATA.
(a). The Director shall ensure that, at a min- ing COVID–19 outcomes;
(a) IN GENERAL.—Not later than 6 months imum, the panel consists of the following indi- (2) the impact of disability status on health
after the date of enactment of this Act, the Sec- viduals: care access and disease outcomes, including
retary, acting through the Director of the Cen- (1) Elected Tribal leaders or their designees. COVID–19 outcomes;
ters for Disease Control and Prevention, shall (2) Tribal public health practitioners and ex- (3) the impact of language preference on
award grants to State, local, and territorial perts from the national and regional levels. health care access and disease outcomes, includ-
health departments in order to support the mod- (d) DUTIES.—The panel established under sub- ing COVID–19 outcomes;
ernization of data collection methods and infra- section (c) shall, at a minimum— (4) factors contributing to disparities in health
structure for the purposes of increasing data re- (1) advise the Director of the Indian Health outcomes for the COVID–19 pandemic; and
lated to health inequities, such as racial, ethnic, Service on the processes and procedures regard- (5) other topics related to disparities in health
socioeconomic, sex, gender, and disability dis- ing the design, implementation, and evaluation outcomes for the COVID–19 pandemic, as deter-
parities. The Secretary shall— of, and reporting on, research and field studies mined by the Secretary.
(1) provide guidance, technical assistance, conducted or supported under this section; (b) REPORT.—Not later than December 31,
and information to grantees under this section (2) develop and share resources on Tribal pub- 2021, the Secretary shall submit to the Com-
on best practices regarding culturally com- lic health data surveillance and reporting, in- mittee on Energy and Commerce of the House of
petent, accurate, and increased data collection cluding best practices; and Representatives and the Committee on Health,
and transmission; and (3) carry out such other activities as may be Education, Labor and Pensions of the Senate an
(2) track performance of grantees under this appropriate to establish processes and proce- initial report on the results of the field studies
section to help improve their health inequities dures for the research and field studies con- under this section.
data collection by identifying gaps and taking ducted or supported under subsection (a). (c) FINAL REPORT.—Not later than December
effective steps to support States, localities, and (e) REPORT.—Not later than 1 year after ex- 31, 2023, the Secretary shall—
territories in addressing the gaps. pending all funds made available to carry out (1) update and finalize the initial report under
(b) REPORT.—Not later than 1 year after the this section, the Director of the Indian Health subsection (b); and
(2) submit such final report to the committees
date on which the first grant is awarded under Service, in coordination with the panel estab-
specified in such subsection.
this section, the Secretary shall submit to the lished under subsection (c), shall submit an ini- (d) AUTHORIZATION OF APPROPRIATIONS.—
Committee on Energy and Commerce of the tial report on the results of the research and There is authorized to be appropriated to carry
House of Representatives and the Committee on field studies under this section to— out this section $25,000,000, to remain available
Health, Education, Labor and Pensions of the (1) the Committee on Energy and Commerce until expended.
Senate an initial report detailing— and the Committee on Natural Resources of the SEC. 30577. ADDITIONAL REPORTING TO CON-
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(1) nationwide best practices for ensuring House of Representatives; and GRESS ON THE RACE AND ETH-
States and localities collect and transmit health (2) the Committee on Indian Affairs and the NICITY RATES OF COVID–19 TESTING,
inequities data; Committee on Health, Education, Labor and HOSPITALIZATIONS, AND MORTALI-
(2) nationwide trends which hinder the collec- Pensions of the Senate. TIES.
tion and transmission of health inequities data; (f) TRIBAL DATA SOVEREIGNTY.—The Director (a) IN GENERAL.—Not later than August 1,
(3) Federal best practices for working with of the Indian Health Service shall ensure that 2020, the Secretary shall submit to the Com-
States and localities to ensure culturally com- all research and field studies conducted or sup- mittee on Appropriations and the Committee on
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2101
Energy and Commerce of the House of Rep- 744H(e)(2)(B) of the Federal Food, Drug, and (d) ELIGIBLE EXPENSES.—Subject to subsection
resentatives and the Committee on Appropria- Cosmetic Act (21 U.S.C. 379j–52(e)(2)(B))’ and (h)(1), expenses eligible for reimbursement under
tions and the Committee on Health, Education, inserting ‘Section 744H(f)(2)(B) of the Federal this section include expenses for—
Labor and Pensions of the Senate an initial re- Food, Drug, and Cosmetic Act, as redesignated (1) building or construction of temporary
port— by section 403(c)(1) of this Act,’.’’. structures;
(1) describing the testing, positive diagnoses, TITLE W—PUBLIC HEALTH ASSISTANCE (2) leasing of properties;
hospitalization, intensive care admissions, and (3) medical supplies and equipment including
Subtitle A—Assistance to Providers and
mortality rates associated with COVID–19, personal protective equipment;
Health System
disaggregated by race, ethnicity, age, sex, gen- (4) in vitro diagnostic tests, serological tests,
SEC. 30611. HEALTH CARE PROVIDER RELIEF or testing supplies;
der, geographic region, and other relevant fac- FUND.
tors as determined by the Secretary; (5) increased workforce and trainings;
(a) IN GENERAL.—Not later than 7 days after (6) emergency operation centers;
(2) including an analysis of any variances of the date of enactment of this Act, the Secretary,
testing, positive diagnoses, hospitalizations, and (7) construction or retrofitting of facilities;
acting through the Administrator of the Health (8) mobile testing units;
deaths by demographic characteristics; and Resources and Services Administration, shall es-
(3) including proposals for evidenced-based re- (9) surge capacity;
tablish a program under which the Secretary (10) retention of workforce; and
sponse strategies to reduce disparities related to shall reimburse, through grants or other mecha-
COVID–19. (11) such other items and services as the Sec-
nisms, eligible health care providers for eligible retary determines to be appropriate, in consulta-
(b) FINAL REPORT.—Not later than December
expenses or lost revenues occurring during cal- tion with relevant stakeholders.
31, 2024, the Secretary shall—
endar quarters beginning on or after January 1, (e) LOST REVENUES.—
(1) update and finalize the initial report under
2020, to prevent, prepare for, and respond to (1) IN GENERAL.—Subject to subsection (h)(1),
subsection (a); and
COVID–19, in an amount calculated under sub- for purposes of subsection (c)(1)(A)(ii), the lost
(2) submit such final report to the committees
section (c). revenues of an eligible health care provider,
specified in such subsection. (b) QUARTERLY BASIS.—
(c) COORDINATION.—In preparing the report with respect to the calendar quarter involved,
(1) SUBMISSION OF APPLICATIONS.—The Sec- shall be equal to—
submitted under this section, the Secretary shall retary shall give applicants a period of 7 cal-
take into account and otherwise coordinate (A) net patient revenue of the provider for the
endar days after the close of a quarter to submit corresponding quarter in 2019 minus net patient
such report with reporting required under sec- applications under this section with respect to
tion 30572 and under the heading ‘‘Department revenue of the provider for such quarter; less
such quarter, except that the Secretary shall (B) the savings of the provider during the cal-
of Health and Human Services—Office of the give applicants a period of 7 calendar days after
Secretary—Public Health and Social Service endar quarter involved attributable to foregone
the date of enactment of this Act to submit ap- wages, payroll taxes, and benefits of personnel
Emergency Fund’’ in title I of division B of the plications with respect to the quarter beginning
Paycheck Protection Program and Health Care who were furloughed or laid off by the provider
on January 1, 2020, if the applicant has not pre- during that quarter.
Enhancement Act (Public Law 116–139; 134 Stat. viously submitted an application with the re-
620, 626). (2) NET PATIENT REVENUE DEFINED.—For pur-
spect to such quarter. poses of paragraph (1)(A), the term ‘‘net patient
Subtitle F—Miscellaneous (2) REVIEW AND PAYMENT.—The Secretary revenue’’, with respect to an eligible health care
SEC. 30581. TECHNICAL CORRECTIONS TO shall— provider and a calendar quarter, means the sum
AMENDMENTS MADE BY CARES ACT. (A) review applications and make awards of
of—
(a) The amendments made by this section reimbursement under this section on a quarterly (A) 200 percent of the total amount of reim-
shall take effect as if included in the enactment basis; and bursement received by the provider during the
of the CARES Act (Public Law 116–136). (B) award the reimbursements under this sec-
quarter for all items and services furnished
(b) Section 3112 of division A of the CARES tion for a quarter not later than 14 calendar
under a State plan or a waiver of a State plan
Act (Public Law 116–136) is amended— days after the close of the quarter, except that
under title XIX of the Social Security Act (42
(1) in subsection (a)(2)(A), by striking the the Secretary shall award the reimbursements
U.S.C. 1396 et seq.);
comma before ‘‘or a permanent’’; under this section for the quarter beginning on
(B) 125 percent of the total amount of reim-
(2) in subsection (d)(1), by striking ‘‘and sub- January 1, 2020, not later than 14 calendar days
bursement received by the provider during the
paragraphs (A) and (B)’’ and inserting ‘‘as sub- after the date of enactment of this Act.
quarter for all items and services furnished
paragraphs (A) and (B)’’; and (c) CALCULATION.—
(1) IN GENERAL.—The amount of the reim- under title XVIII of the Social Security Act (42
(3) in subsection (e), by striking ‘‘Drug, Cos- U.S.C. 1395 et seq.); and
bursement to an eligible health care provider
metic Act’’ and inserting ‘‘Drug, and Cosmetic (C) 100 percent of the total amount of reim-
under this section with respect to a calendar
Act’’. bursement not described in subparagraph (A) or
quarter shall equal—
(c) Section 6001(a)(1)(D) of division F of the (B) received by the provider during the quarter
(A) the sum of—
Families First Coronavirus Response Act (Public (i) 100 percent of the eligible expenses, as de- for all items and services.
Law 116–127), as amended by section 3201 of di- scribed in subsection (d), of the provider during (f) INSUFFICIENT FUNDS FOR A QUARTER.—If
vision A of the CARES Act (Public Law 116– the quarter; and there are insufficient funds made available to
136), is amended by striking ‘‘other test that’’. (ii) subject to paragraph (3), 60 percent of the reimburse all eligible health care providers for
(d) Subsection (k)(9) of section 543 of the Pub- lost revenues, as described in subsection (e), of all eligible expenses and lost revenues for a
lic Health Service Act (42 U.S.C. 290dd–2), as the provider during the quarter; less quarter in accordance with this section, the Sec-
added by section 3221(d) of division A of the (B) any funds that are— retary shall—
CARES Act (Public Law 116–136), is amended by (i) received by the provider during the quarter (1) prioritize reimbursement of eligible ex-
striking ‘‘unprotected health information’’ and pursuant to the Coronavirus Preparedness and penses; and
inserting ‘‘unsecured protected health informa- Response Supplemental Appropriations Act, 2020 (2) using the entirety of the remaining funds,
tion’’. (Public Law 116–123), the Families First uniformly reduce the percentage of lost revenues
(e) Section 3401(2)(D) of division A of the Coronavirus Response Act (Public Law 116–127), otherwise applicable under subsection
CARES Act (Public Law 116–136), is amended by the CARES Act (Public Law 116–136), or the (c)(1)(A)(ii) to the extent necessary to reimburse
striking ‘‘Not Later than’’ and inserting ‘‘Not Paycheck Protection Program and Health Care a portion of the lost revenues of all eligible
later than’’. Enhancement Act (Public Law 116–139); and health care providers applying for reimburse-
(f) Section 831(f) of the Public Health Service (ii) not required to be repaid. ment.
Act, as redesignated by section 3404(a)(6)(E) and (2) CARRYOVER.—If the amount determined (g) APPLICATION.—A health care provider
amended by section 3404(a)(6)(G) of division A under paragraph (1)(B) for a calendar quarter seeking reimbursement under this section for a
of the CARES Act (Public Law 116–136), is with respect to an eligible health care provider calendar quarter shall submit to the Secretary
amended by striking ‘‘a health care facility, or exceeds the amount determined under para- an application that—
a partnership of such a school and facility’’. graph (1)(A) with respect to such provider and (1) provides documentation demonstrating
(g) Section 846(i) of the Public Health Service quarter, the amount of such difference shall be that the health care provider is an eligible
Act, as amended by section 3404(i)(8)(C) of divi- applied in making the calculation under this health care provider;
sion A of the CARES Act (Public Law 116–136), subsection, over each subsequent calendar quar- (2) includes a valid tax identification number
is amended by striking ‘‘871(b),,’’ and inserting ter for which the eligible health care provider of the health care provider or, if the health care
‘‘871(b),’’. seeks reimbursement under this section. provider does not have a valid tax identification
(h) Section 3606(a)(1)(A) of division A of the (3) LOST REVENUE LIMITATION.—If the amount number, an employer identification number or
CARES Act (Public Law 116–136) is amended by determined under subsection (e) with respect to such other identification number as the Sec-
striking ‘‘In general’’ and inserting ‘‘IN GEN- the lost revenue of an eligible health care pro- retary may accept or may assign;
dlhill on DSK120RN23PROD with HOUSE
ERAL’’. vider for a calendar quarter does not exceed an (3) attests to the eligible expenses and lost rev-
(i) Section 3856(b)(1) of division A of the amount that equals 10 percent of the net patient enues of the health care provider, as described
CARES Act (Public Law 116–136) is amended to revenue (as defined in such subsection) of the in subsection (d), occurring during the calendar
read as follows: provider for the corresponding quarter in 2019, quarter;
‘‘(1) IN GENERAL.—Section 905(b)(4) of the the addend under paragraph (1)(A)(ii), in mak- (4) includes an itemized listing of each such
FDA Reauthorization Act of 2017 (Public Law ing the calculation under paragraph (1), is eligible expense, including expenses incurred in
115–52) is amended by striking ‘Section deemed to be zero. providing uncompensated care;
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H2102 CONGRESSIONAL RECORD — HOUSE May 15, 2020
(5) for purposes of subsection (c)(3), attests to medically necessary item or service described in tion on receipt of such award, submit reports
whether the amount determined under sub- subparagraph (A), (B), or (C) of paragraph (3) and maintain documentation, in such form, at
section (e) with respect to the lost revenue of an furnished during such emergency period such time, and containing such information, as
eligible health care provider for a calendar (whether before, on, or after, the date on which the Secretary determines is needed to ensure
quarter exceeds an amount that equals 10 per- the provider submits an application under this compliance with this section.
cent of the net patient revenue (as defined in section) by the provider to an individual who is (3) PUBLIC LISTING OF AWARDS.—The Sec-
such subsection) of the provider for the cor- described in such subparagraph (A), (B), or (C), retary shall—
responding quarter in 2019; respectively— (A) not later than 7 days after the date of en-
(6) includes projections of the eligible expenses (A) shall consider such reimbursement as pay- actment of this Act, post in a searchable, elec-
and lost revenues of the health care provider, as ment in full with respect to such item or service tronic format, a list of all awards made by the
described in subsection (c), for the calendar so furnished to such individual; Secretary under this section, including the re-
quarter that immediately follows the calendar (B) may not bill or otherwise hold liable such cipients and amounts of such awards; and
quarter for which reimbursement is sought; and individual for any payment for such item or (B) update such list not less than every 7 days
(7) indicates the dollar amounts described in service so furnished to such individual; and until all funds made available to carry out this
each of subparagraphs (A) and (B) of subsection (C) shall reimburse such individual in a timely section are expended.
(e)(1) and subparagraphs (A), (B), and (C) of manner for any amount for such item or service (4) INSPECTOR GENERAL REPORT.—
subsection (e)(2) for the calendar quarter and paid by the individual to such provider. (A) IN GENERAL.—Not later than 3 years after
any other information the Secretary determines (3) MEDICALLY NECESSARY ITEMS AND SERVICES final payments are made under this section, the
DESCRIBED.—For purposes of this subsection, Inspector General of the Department of Health
necessary to determine expenses and lost rev-
enue related to COVID–19. medically necessary items and services described and Human Services shall transmit a final re-
(h) LIMITATIONS.— in this paragraph are— port on audit findings with respect to the pro-
(1) NO DUPLICATIVE REIMBURSEMENT.—The (A) medically necessary items and services (in-
gram under this section to the Committee on En-
Secretary may not provide, and a health care cluding in-person or telehealth visits in which
ergy and Commerce and the Committee on Ap-
provider may not accept, reimbursement under such items and services are furnished) that are
propriations of the House of Representatives
this section for expenses or losses with respect to furnished to an individual who has been diag-
and the Committee on Health, Education, Labor
which— nosed with (or after provision of the items and
and Pensions and the Committee on Appropria-
(A) the eligible health care provider is reim- services is diagnosed with) COVID–19 to treat or
tions of the Senate.
bursed from other sources; or mitigate the effects of COVID–19; (B) RULE OF CONSTRUCTION.—Nothing in this
(B) other sources are obligated to reimburse (B) medically necessary items and services (in-
paragraph shall be construed as limiting the au-
the provider. cluding in-person or telehealth visits in which
thority of the Inspector General of the Depart-
(2) NO EXECUTIVE COMPENSATION.—Reimburse- such items and services are furnished) that are
ment of Health and Human Services or the
ment for eligible expenses (as described in sub- furnished to an individual who is presumed, in
Comptroller General of the United States to con-
section (d)) and lost revenues (as described in accordance with paragraph (4), to have COVID–
duct audits of interim payments earlier than the
subsection (e)) shall not include compensation 19 but is never diagnosed as such; and
(C) a diagnostic test (and administration of deadline described in subparagraph (A).
or benefits, including salary, bonuses, awards of (k) ELIGIBLE HEALTH CARE PROVIDER DE-
such test) as described in section 6001(a) of divi-
stock, or other financial benefits, for an officer FINED.—In this section:
sion F of the Families First Coronavirus Re-
or employee described in section 4004(a)(2) of the (1) IN GENERAL.—The term ‘‘eligible health
sponse Act (42 U.S.C. 1320b–5 note) administered
CARES Act (Public Law 116–136). care provider’’ means a health care provider de-
(i) NO BALANCE BILLING AS CONDITION OF RE- to an individual.
(4) PRESUMPTIVE CASE OF COVID–19.—For pur- scribed in paragraph (2) that provides diag-
CEIPT OF FUNDS.— nostic or testing services or treatment to individ-
poses of paragraph (3)(B), an individual shall
(1) PROTECTING INDIVIDUALS ENROLLED IN uals with a confirmed or possible diagnosis of
be presumed to have COVID–19 if the medical
HEALTH PLANS.—As a condition of receipt of re- COVID–19.
record documentation of the individual supports
imbursement under this section, a health care (2) HEALTH CARE PROVIDERS DESCRIBED.—A
a diagnosis of COVID–19, even if the individual
provider, in the case such provider furnishes health care provider described in this paragraph
does not have a positive in vitro diagnostic test
during the emergency period described in section is any of the following:
result in the medical record of the individual.
1135(g)(1)(B) of the Social Security Act (42 (A) A health care provider enrolled as a par-
(5) PENALTY.—In the case of an eligible health
U.S.C. 1320b–5(g)(1)(B)) (whether before, on, or ticipating provider under a State plan approved
care provider that is paid a reimbursement
after, the date on which the provider submits an under title XIX of the Social Security Act (42
under this section and that is in violation of
application under this section) a medically nec- U.S.C. 1396 et seq.) (or a waiver of such a plan).
paragraph (1) or (2), in addition to any other
essary item or service described in subparagraph (B) A provider of services (as defined in sub-
penalties that may be prescribed by law, the
(A), (B), or (C) of paragraph (3) to an indi- section (u) of section 1861 of the Social Security
Secretary may recoup from such provider up to
vidual who is described in such subparagraph Act (42 U.S.C. 1395x)) or a supplier (as defined
the full amount of reimbursement the provider
(A), (B), or (C), respectively, and enrolled in a in subsection (d) of such section) that is enrolled
receives under this section.
group health plan or group or individual health (6) DEFINITIONS.—In this subsection: as a participating provider of services or partici-
insurance coverage offered by a health insur- (A) NONPARTICIPATING PROVIDER.—The term pating supplier under the Medicare program
ance issuer (including grandfathered health ‘‘nonparticipating provider’’ means, with re- under title XVIII of such Act (42 U.S.C. 1395 et
plans as defined in section 1251(e) of the Patient spect to an item or service and group health seq.).
Protection and Affordable Care Act (42 U.S.C. plan or group or individual health insurance (C) A public entity.
18011(e)) and such provider is a nonpartici- coverage offered by a health insurance issuer, a (D) Any other entity not described in this
pating provider with respect to such plan or health care provider that does not have a con- paragraph as the Secretary may specify.
coverage and such plan or coverage and such tractual relationship directly or indirectly with (l) FUNDING.—
items and services would otherwise be covered the plan or issuer, respectively, for furnishing (1) AUTHORIZATION OF APPROPRIATIONS.—
under such plan if furnished by a participating such an item or service under the plan or cov- There is authorized to be appropriated for an
provider— erage. additional amount to carry out this section
(A) may not bill or otherwise hold liable such (B) PARTICIPATING PROVIDER.—The term $100,000,000,000, to remain available until ex-
individual for a payment amount for such item ‘‘participating provider’’ means, with respect to pended.
or service that is more than the cost-sharing an item or service and group health plan or (2) HEALTH CARE PROVIDER RELIEF FUND.—
amount that would apply under such plan or group or individual health insurance coverage (A) USE OF APPROPRIATED FUNDS.—
coverage for such item or service if such pro- offered by a health insurance issuer, a health (i) IN GENERAL.—In addition to amounts au-
vider furnishing such service were a partici- care provider that has a contractual relation- thorized to be appropriated pursuant to para-
pating provider with respect to such plan or ship directly or indirectly with the plan or graph (1), the unobligated balance of all
coverage; issuer, respectively, for furnishing such an item amounts appropriated to the Health Care Pro-
(B) shall reimburse such individual in a timely or service under the plan or coverage. vider Relief Fund shall be made available only
manner for any amount for such item or service (C) GROUP HEALTH PLAN, HEALTH INSURANCE to carry out this section.
paid by the individual to such provider in excess COVERAGE.—The terms ‘‘group health plan’’, (ii) AMOUNTS.—For purposes of clause (i), the
of such cost-sharing amount; ‘‘health insurance issuer’’, ‘‘group health insur- following amounts are deemed to be appro-
(C) shall submit any claim for such item or ance coverage’’, and ‘‘individual health insur- priated to the Health Care Provider Relief
service directly to the plan or coverage; and ance coverage’’ shall have the meanings given Fund:
(D) shall not bill the individual for such cost- such terms under section 2791 of the Public (I) The unobligated balance of the appropria-
sharing amount until such individual is in- Health Service Act (42 U.S.C. 300gg–91). tion of $100,000,000,000 in the third paragraph
formed by the plan or coverage of the required (j) REPORTS.— under the heading ‘‘Department of Health and
dlhill on DSK120RN23PROD with HOUSE
payment amount. (1) AWARD INFORMATION.—In making awards Human Services—Office of the Secretary—Pub-
(2) PROTECTING UNINSURED INDIVIDUALS.—As under this section, the Secretary shall post in a lic Health and Social Services Emergency Fund’’
a condition of receipt of reimbursement under searchable, electronic format, a list of all recipi- in division B of the CARES Act (Public Law
this section, a health care provider, in the case ents and awards pursuant to funding author- 116–136).
such reimbursement is with respect to expenses ized under this section. (II) The unobligated balance of the appropria-
incurred in providing uncompensated care (as (2) REPORTS BY RECIPIENTS.—Each recipient of tion under the heading ‘‘Department of Health
described in subsection (g)(4)) with respect to a an award under this section shall, as a condi- and Human Services—Office of the Secretary—
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2103
Public Health and Social Services Emergency area (as determined by the Secretary) in ex- have experience providing technology-enabled
Fund’’ in division B of the Paycheck Protection change for an additional loan repayment incen- collaborative learning and capacity building
Program and Health Care Enhancement Act tive amount to be determined by the Secretary; health care services—
(Public Law 116–139). ‘‘(4) a provision that any financial obligation (1) in rural areas, frontier areas, health pro-
(B) LIMITATION.—Of the unobligated balances of the United States arising out of a contract fessional shortage areas, or medically under-
described in subparagraph (A)(ii), the Secretary entered into under this section and any obliga- served area; or
may not make available more than tion of the individual that is conditioned there- (2) to medically underserved populations or
$10,000,000,000 to reimburse eligible health care on, is contingent on funds being appropriated Indian Tribes.
providers for expenses incurred in providing un- for loan repayments under this section; (c) USE OF FUNDS.—An eligible entity receiv-
compensated care. ‘‘(5) a statement of the damages to which the ing a grant under this section shall use funds
(C) FUTURE AMOUNTS.—Any appropriation en- United States is entitled, under this section for received through the grant—
acted subsequent to the date of enactment of the individual’s breach of the contract; and (1) to advance quality of care in response to
this Act that is made available for reimbursing ‘‘(6) such other statements of the rights and li- COVID–19, with particular emphasis on rural
eligible health care providers as described in abilities of the Secretary and of the individual and underserved areas and populations;
subsection (a) shall be made available only to as the Secretary determines appropriate, not in- (2) to protect medical personnel and first re-
carry out this section. consistent with this section. sponders through sharing real-time learning
SEC. 30612. PUBLIC HEALTH WORKFORCE LOAN ‘‘(d) PAYMENTS.— through virtual communities of practice;
REPAYMENT PROGRAM. ‘‘(1) IN GENERAL.—A loan repayment provided (3) to improve patient outcomes for conditions
Part D of title III of the Public Health Service for an individual under a written contract re- affected or exacerbated by COVID–19, including
Act (42 U.S.C. 254b et seq.) is amended by add- ferred to in subsection (b)(3)(B) shall consist of improvement of care for patients with complex
ing at the end the following new subpart: payment, in accordance with paragraph (2), for chronic conditions; and
the individual toward the outstanding principal (4) to support rapid uptake by health care
‘‘Subpart XIII—Public Health Workforce
and interest on education loans incurred by the professionals of emerging best practices and
‘‘SEC. 340J. LOAN REPAYMENT PROGRAM. individual in the pursuit of the relevant degree treatment protocols around COVID–19.
‘‘(a) ESTABLISHMENT.—The Secretary of in accordance with the terms of the contract. (d) OPTIONAL ADDITIONAL USES OF FUNDS.—
Health and Human Services shall establish a ‘‘(2) EQUITABLE DISTRIBUTION.—In awarding An eligible entity receiving a grant under this
program to be known as the Public Health contracts under this section, the Secretary shall section may use funds received through the
Workforce Loan Repayment Program (referred ensure— grant for—
to in this section as the ‘Program’) to assure an ‘‘(A) a certain percentage of contracts are (1) equipment to support the use and expan-
adequate supply of and encourage recruitment awarded to individuals who are not already sion of technology-enabled collaborative learn-
of public health professionals to eliminate crit- working in public health departments; ing and capacity building models, including
ical public health workforce shortages in local, ‘‘(B) an equitable distribution of funds geo- hardware and software that enables distance
State, territorial, and Tribal public health agen- graphically; and learning, health care provider support, and the
cies. ‘‘(C) an equitable distribution among State,
secure exchange of electronic health informa-
‘‘(b) ELIGIBILITY.—To be eligible to participate local, territorial, and Tribal public health de-
tion;
in the Program, an individual shall— partments. (2) the participation of multidisciplinary ex-
‘‘(1)(A) be accepted for enrollment, or be en- ‘‘(3) PAYMENTS FOR YEARS SERVED.—For each
pert team members to facilitate and lead tech-
rolled, as a student in an accredited academic year of service that an individual contracts to
nology-enabled collaborative learning sessions,
educational institution in a State or territory in serve pursuant to subsection (c)(2), the Sec-
and professionals and staff assisting in the de-
the final semester or equivalent of a course of retary may pay not more than $35,000 on behalf
velopment and execution of technology-enabled
study or program leading to a public health de- of the individual for loans described in para-
collaborative learning;
gree, a health professions degree or certificate, graph (1). With respect to participants under
(3) the development of instructional program-
or a degree in computer science, information the Program whose total eligible loans are less
ming and the training of health care providers
science, information systems, information tech- than $105,000, the Secretary shall pay an
and other professionals that provide or assist in
nology, or statistics and have accepted employ- amount that does not exceed 1⁄3 of the eligible
the provision of services through technology-en-
ment with a local, State, territorial, or Tribal loan balance for each year of such service of
abled collaborative learning and capacity build-
public health agency, or a related training fel- such individual.
ing models; and
lowship, as recognized by the Secretary, to com- ‘‘(4) TAX LIABILITY.—For purposes of the In-
(4) other activities consistent with achieving
mence upon graduation; or ternal Revenue Code of 1986, a payment made
the objectives of the grants awarded under this
‘‘(B)(i) have graduated, during the preceding under this section shall be treated in the same
section.
10-year period, from an accredited educational manner as an amount received under section
(e) TECHNOLOGY-ENABLED COLLABORATIVE
institution in a State or territory and received a 338B(g) of this Act, as described in section LEARNING AND CAPACITY BUILDING MODEL DE-
public health degree, a health professions degree 108(f)(4) of such Code. FINED.—In this section, the term ‘‘technology-
or certificate, or a degree in computer science, ‘‘(e) POSTPONING OBLIGATED SERVICE.—With
enabled collaborative learning and capacity
information science, information systems, infor- respect to an individual receiving a degree or
building model’’ has the meaning given that
mation technology, or statistics; and certificate from a health professions or other re-
term in section 2(7) of the Expanding Capacity
‘‘(ii) be employed by, or have accepted em- lated school, the date of the initiation of the pe-
for Health Outcomes Act (Public Law 114–270;
ployment with, a local, State, territorial, or riod of obligated service may be postponed as
130 Stat. 1395).
Tribal public health agency or a related train- approved by the Secretary.
(f) AUTHORIZATION OF APPROPRIATIONS.—
ing fellowship, as recognized by the Secretary; ‘‘(f) BREACH OF CONTRACT.—An individual
There is authorized to be appropriated to carry
‘‘(2) be a United States citizen; who fails to comply with the contract entered
out this section $20,000,000, to remain available
‘‘(3)(A) submit an application to the Secretary into under subsection (c) shall be subject to the
until expended.
to participate in the Program; and same financial penalties as provided for under
‘‘(B) execute a written contract as required in section 338E of the Public Health Service Act (42 SEC. 30614. ADDITIONAL FUNDING FOR MEDICAL
RESERVE CORPS.
subsection (c); and U.S.C. 254o) for breaches of loan repayment
‘‘(4) not have received, for the same service, a contracts under section 338B of such Act (42 Section 2813 of the Public Health Service Act
reduction of loan obligations under section 428K U.S.C. section 254l–1). (42 U.S.C. 300hh–15) is amended by striking
or 428L of the Higher Education Act of 1965 (20 ‘‘(g) DEFINITION.—For purposes of this sec- ‘‘$11,200,000 for each of fiscal years 2019 through
U.S.C. 1078–11, 1078–12). tion, the term ‘full-time’ means full-time as such 2023’’ and inserting ‘‘$31,200,000 for each of fis-
‘‘(c) CONTRACT.—The written contract re- term is used in section 455(m)(3) of the Higher cal years 2020 and 2021 and $11,200,000 for each
ferred to in subsection (b)(3)(B) between the Sec- Education Act of 1965. of fiscal years 2022 and 2023’’.
retary and an individual shall contain— ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 30615. GRANTS FOR SCHOOLS OF MEDICINE
‘‘(1) an agreement on the part of the Secretary There is authorized to be appropriated to carry IN DIVERSE AND UNDERSERVED
that the Secretary will repay, on behalf of the AREAS.
out this section—
individual, loans incurred by the individual in ‘‘(1) $100,000,000 for fiscal year 2020; and Subpart II of part C of title VII of the Public
the pursuit of the relevant degree or certificate ‘‘(2) $75,000,000 for fiscal year 2021.’’. Health Service Act is amended by inserting after
in accordance with the terms of the contract; SEC. 30613. EXPANDING CAPACITY FOR HEALTH section 749B of such Act (42 U.S.C. 293m) the
‘‘(2) an agreement on the part of the indi- OUTCOMES. following:
vidual that the individual will serve in the full- (a) IN GENERAL.—The Secretary, acting ‘‘SEC. 749C. SCHOOLS OF MEDICINE IN UNDER-
time employment of a local, State, or Tribal pub- through the Administrator of the Health Re- SERVED AREAS.
lic health agency or a related fellowship pro- sources and Services Administration, shall ‘‘(a) GRANTS.—The Secretary, acting through
gram in a position related to the course of study award grants to eligible entities to develop and the Administrator of the Health Resources and
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or program for which the contract was awarded expand the use of technology-enabled collabo- Services Administration, may award grants to
for a period of time equal to the greater of— rative learning and capacity building models to institutions of higher education (including mul-
‘‘(A) 2 years; or respond to ongoing and real-time learning, tiple institutions of higher education applying
‘‘(B) such longer period of time as determined health care information sharing, and capacity jointly) for the establishment, improvement, and
appropriate by the Secretary and the individual; building needs related to COVID–19. expansion of an allopathic or osteopathic school
‘‘(3) an agreement, as appropriate, on the part (b) ELIGIBLE ENTITIES.—To be eligible to re- of medicine, or a branch campus of an
of the individual to relocate to a priority service ceive a grant under this section, an entity shall allopathic or osteopathic school of medicine.
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H2104 CONGRESSIONAL RECORD — HOUSE May 15, 2020
‘‘(b) PRIORITY.—In selecting grant recipients (c) REPORT.—Not later than December 1, 2021, (3) Research to strengthen the mental health
under this section, the Secretary shall give pri- the Comptroller General shall submit to the Con- response to SARS–CoV–2 or COVID–19, includ-
ority to institutions of higher education that— gress a report on the findings of the study con- ing adapting to and maintaining or providing
‘‘(1) propose to use the grant for an allopathic ducted under this section. additional services for new or increasing mental
or osteopathic school of medicine, or a branch SEC. 30617. LONGITUDINAL STUDY ON THE IM- health needs.
campus of an allopathic or osteopathic school of PACT OF COVID–19 ON RECOVERED (4) Research on the reach, efficiency, effec-
medicine, in a combined statistical area with PATIENTS. tiveness, and quality of digital mental health
fewer than 200 actively practicing physicians Part A of title IV of the Public Health Service interventions.
per 100,000 residents according to the medical Act (42 U.S.C. 281 et seq.) is amended by adding (5) Research on effectiveness of strategies for
board (or boards) of the State (or States) in- at the end the following: implementation and delivery of evidence-based
volved; ‘‘SEC. 404O. LONGITUDINAL STUDY ON THE IM- mental health interventions and services for un-
‘‘(2) have a curriculum that emphasizes care PACT OF COVID–19 ON RECOVERED derserved populations.
for diverse and underserved populations; or PATIENTS. (6) Research on suicide prevention.
‘‘(3) are minority-serving institutions de- ‘‘(a) IN GENERAL.—The Director of NIH, in (c) RESEARCH COORDINATION.—The Secretary
scribed in the list in section 371(a) of the Higher consultation with the Director of the Centers for shall coordinate activities under this section
Education Act of 1965. Disease Control and Prevention, shall conduct a with similar activities conducted by national re-
‘‘(c) USE OF FUNDS.—The activities for which longitudinal study, over not less than 10 years, search institutes and centers of the National In-
a grant under this section may be used in- on the full impact of SARS–CoV–2 or COVID–19 stitutes of Health to the extent that such insti-
clude— on infected individuals, including both short- tutes and centers have responsibilities that are
‘‘(1) planning and constructing— term and long-term health impacts. related to the mental health consequences of
‘‘(A) a new allopathic or osteopathic school of ‘‘(b) TIMING.—The Director of NIH shall begin SARS–CoV–2 or COVID–19.
medicine in an area in which no other school is enrolling patients in the study under this sec- (d) AUTHORIZATION OF APPROPRIATIONS.—To
based; or tion not later than 6 months after the date of carry out this section, there is authorized to be
‘‘(B) a branch campus of an allopathic or os- enactment of this section. appropriated $200,000,000, to remain available
teopathic school of medicine in an area in which ‘‘(c) REQUIREMENTS.—The study under this until expended.
no such school is based; section shall— SEC. 30619. EMERGENCY MENTAL HEALTH AND
‘‘(2) accreditation and planning activities for ‘‘(1) be nationwide; SUBSTANCE USE TRAINING AND
an allopathic or osteopathic school of medicine ‘‘(2) include diversity of enrollees to account TECHNICAL ASSISTANCE CENTER.
or branch campus; for gender, age, race, ethnicity, geography, Subpart 3 of part B of title V of the Public
‘‘(3) hiring faculty and other staff to serve at comorbidities, and underrepresented popu- Health Service Act (42 U.S.C. 290bb–31 et seq.) is
an allopathic or osteopathic school of medicine lations, including pregnant and lactating amended by inserting after section 520A (42
or branch campus; women; U.S.C. 290bb–32) the following:
‘‘(4) recruitment and enrollment of students at ‘‘(3) study individuals with COVID–19 who ‘‘SEC. 520B. EMERGENCY MENTAL HEALTH AND
an allopathic or osteopathic school of medicine experienced mild symptoms, such individuals SUBSTANCE USE TRAINING AND
or branch campus; TECHNICAL ASSISTANCE CENTER.
who experienced moderate symptoms, and such
‘‘(5) supporting educational programs at an ‘‘(a) ESTABLISHMENT.—The Secretary, acting
individuals who experienced severe symptoms;
allopathic or osteopathic school of medicine or through the Assistant Secretary, shall establish
‘‘(4) monitor the health outcomes and symp-
branch campus; or operate a center to be known as the Emer-
toms of individuals with COVID–19, or who had
‘‘(6) modernizing infrastructure or curriculum gency Mental Health and Substance Use Train-
prenatal exposure to SARS–CoV–2 or COVID–19,
at an existing allopathic or osteopathic school of ing and Technical Assistance Center (referred to
including lung capacity and function, and im-
medicine or branch campus thereof; in this section as the ‘Center’) to provide tech-
‘‘(7) expanding infrastructure or curriculum mune response, taking into account any phar-
maceutical interventions such individuals may nical assistance and support—
at existing an allopathic or osteopathic school of ‘‘(1) to public or nonprofit entities seeking to
medicine or branch campus; and have received;
establish or expand access to mental health and
‘‘(8) other activities that the Secretary deter- ‘‘(5) monitor the mental health outcomes of in-
substance use prevention, treatment, and recov-
mines further the development, improvement, dividuals with COVID–19, taking into account
ery support services, and increase awareness of
and expansion of an allopathic or osteopathic any interventions that affected mental health;
such services; and
school of medicine or branch campus thereof. and
‘‘(2) to public health professionals, health
‘‘(d) DEFINITIONS.—In this section: ‘‘(6) monitor individuals enrolled in the study
care professionals and support staff, essential
‘‘(1) The term ‘branch campus’ means a geo- not less frequently than twice per year after the
workers (as defined by a State, Tribe, locality,
graphically separate site at least 100 miles from first year of the individual’s infection with
or territory), and members of the public to ad-
the main campus of a school of medicine where SARS–CoV–2.
dress the trauma, stress, and mental health
at least one student completes at least 60 percent ‘‘(d) PUBLIC-PRIVATE RESEARCH NETWORK.—
needs associated with an emergency period.
of the student’s training leading to a degree of For purposes of carrying out the study under
‘‘(b) ASSISTANCE AND SUPPORT.—The assist-
doctor of medicine. this section, the Director of NIH may develop a
ance and support provided under subsection (a)
‘‘(2) The term ‘institution of higher education’ network of public-private research partners,
shall include assistance and support with re-
has the meaning given to such term in section provided that all research, including the re-
spect to—
101(a) of the Higher Education Act of 1965. search carried out through any such partner, is ‘‘(1) training on identifying signs of trauma,
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—To available publicly. stress, and mental health needs;
carry out this section, there is authorized to be ‘‘(e) SUMMARIES OF FINDINGS.—The Director ‘‘(2) providing accessible resources to assist in-
appropriated $1,000,000,000, to remain available of NIH shall make public a summary of findings dividuals and families experiencing trauma,
until expended.’’. under this section not less frequently than once stress, or other mental health needs during and
SEC. 30616. GAO STUDY ON PUBLIC HEALTH every 3 months for the first 2 years of the study, after an emergency period;
WORKFORCE. and not less frequently than every 6 months ‘‘(3) providing resources for substance use dis-
(a) IN GENERAL.—The Comptroller General of thereafter. Such summaries may include infor- order prevention, treatment, and recovery de-
the United States shall conduct a study on the mation about how the findings of the study signed to assist individuals and families during
public health workforce in the United States under this section compare with findings from and after an emergency period;
during the COVID–19 pandemic. research conducted abroad. ‘‘(4) the provision of language access services,
(b) TOPICS.—The study under subsection (a) ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— including translation services, interpretation, or
shall address— There is authorized to be appropriated to carry other such services for individuals with limited
(1) existing gaps in the Federal, State, local, out this section $200,000,000, to remain available English speaking proficiency or people with dis-
Tribal, and territorial public health workforce, until expended.’’. abilities; and
including— SEC. 30618. RESEARCH ON THE MENTAL HEALTH ‘‘(5) evaluation and improvement, as nec-
(A) epidemiological and disease intervention IMPACT OF COVID–19. essary, of the effectiveness of such services pro-
specialists needed during the pandemic for con- (a) IN GENERAL.—The Secretary, acting vided by public or nonprofit entities.
tact tracing, laboratory technicians necessary through the Director of the National Institute of ‘‘(c) BEST PRACTICES.—The Center shall peri-
for testing, community health workers for com- Mental Health, shall conduct or support re- odically issue best practices for use by organiza-
munity supports and services, and other staff search on the mental health consequences of tions seeking to provide mental health services
necessary for contact tracing, testing, or surveil- SARS–CoV–2 or COVID–19. or substance use disorder prevention, treatment,
lance activities; and (b) USE OF FUNDS.—Research under sub- or recovery services to individuals during and
(B) other personnel needed during the section (a) may include the following: after an emergency period.
COVID–19 pandemic; (1) Research on the mental health impact of ‘‘(d) EMERGENCY PERIOD.—In this section, the
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(2) challenges associated with the hiring, re- SARS–CoV–2 or COVID–19 on health care pro- term ‘emergency period’ has the meaning given
cruitment, and retention of the Federal, State, viders, including— such term in section 1135(g)(1)(A) of the Social
local, Tribal, and territorial public health work- (A) traumatic stress; Security Act.
force; and (B) psychological distress; and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
(3) recommended steps the Federal Govern- (C) psychiatric disorders. There is authorized to be appropriated to carry
ment should take to improve hiring, recruitment, (2) Research on the impact of SARS–CoV–2 or out this section $20,000,000 for each of fiscal
and retention of the public health workforce. COVID–19 stressors on mental health over time. years 2020 and 2021.’’.
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2105
SEC. 30620. IMPORTANCE OF THE BLOOD AND appropriated $10,000,000, to remain available (II) by striking ‘‘(as defined in section 8101 of
PLASMA SUPPLY. until expended. the Elementary and Secondary Education Act of
(a) IN GENERAL.—Section 3226 of the CARES SEC. 30634. GRANTS TO SUPPORT INCREASED BE- 1965)’’ and inserting ‘‘and Tribal educational
Act (Public Law 116–136) is amended— HAVIORAL HEALTH NEEDS DUE TO agencies (as defined in sections 8101 and 6132,
(1) in the section heading after ‘‘BLOOD’’ by COVID–19. respectively, of the Elementary and Secondary
inserting ‘‘AND PLASMA’’; and (a) IN GENERAL.—The Secretary, acting Education Act of 1965)’’; and
(2) by inserting after ‘‘blood’’ each time it ap- through the Assistant Secretary of Mental (III) by inserting ‘‘and Tribal’’ after ‘‘and
pears ‘‘and plasma’’. Health and Substance Use, shall award grants State’’;
(b) CONFORMING AMENDMENT.—The item re- to States, political subdivisions of States, Indian (iii) in subparagraph (G), by striking ‘‘and
lating to section 3226 in the table of contents in Tribes and Tribal organizations, community- tribal’’ and inserting ‘‘Tribal, and urban Indian
section 2 of the CARES Act (Public Law 116–136) based entities, and primary care and behavioral organization’’; and
is amended to read as follows: health organizations to address behavioral (iv) in subparagraph (H), by inserting ‘‘, In-
‘‘Sec. 3226. Importance of the blood and plasma health needs caused by the public health emer- dian Tribes, and urban Indian organizations’’
supply.’’. gency declared pursuant to section 319 of the after ‘‘public health’’;
Public Health Service Act (42 U.S.C. 247d) with (3) in subsection (e), by inserting ‘‘Indian
Subtitle B—Assistance for Individuals and
respect to COVID–19. Tribes, Tribal organizations, urban Indian orga-
Families
(b) USE OF FUNDS.—An entity that receives a nizations,’’ after ‘‘local emergency plans,’’;
SEC. 30631. REIMBURSEMENT FOR ADDITIONAL (4) in subsection (g)(1), by striking ‘‘tribal of-
HEALTH SERVICES RELATING TO
grant under subsection (a) may use funds re-
ceived through such grant to— ficials’’ and inserting ‘‘Tribal officials’’;
CORONAVIRUS. (5) in subsection (h)—
(1) increase behavioral health treatment and
Title V of division A of the Families First (A) in paragraph (1)(A)—
prevention capacity, including to—
Coronavirus Response Act (Public Law 116–127) (i) by striking ‘‘through 2023’’ and inserting
(A) promote coordination among local entities;
is amended under the heading ‘‘Department of ‘‘and 2020’’; and
(B) train the behavioral health workforce, rel-
Health and Human Services—Office of the Sec- (ii) by inserting before the period ‘‘; and
evant stakeholders, and community members;
retary—Public Health and Social Services Emer- (C) upgrade technology to support effective $690,000,000 for each of fiscal years 2021 through
gency Fund’’ by inserting ‘‘, or treatment re- delivery of health care services through tele- 2023 for awards pursuant to paragraph (3) (sub-
lated to SARS–CoV–2 or COVID–19 for unin- health modalities; ject to the authority of the Secretary to make
sured individuals’’ after ‘‘or visits described in (D) purchase medical supplies and equipment awards pursuant to paragraphs (4) and (5)) and
paragraph (2) of such section for uninsured in- for behavioral health treatment entities and pro- paragraph (8), of which not less than $5,000,000
dividuals’’. viders; shall be reserved each fiscal year for awards
SEC. 30632. CENTERS FOR DISEASE CONTROL (E) address surge capacity for behavioral under paragraph (8)’’;
AND PREVENTION COVID–19 RE- health needs such as through mobile units; and (B) in subsection (h)(2)(B), by striking ‘‘tribal
SPONSE LINE.
(F) promote collaboration between primary public’’ and inserting ‘‘Tribal public’’;
(a) IN GENERAL.—During the public health (C) in the heading of paragraph (3), by insert-
care and mental health providers; and
emergency declared by the Secretary pursuant (2) support or enhance behavioral health serv- ing ‘‘FOR STATES’’ after ‘‘AMOUNT’’; and
to section 319 of the Public Health Service Act (D) by adding at the end the following:
ices, including— ‘‘(8) TRIBAL ELIGIBLE ENTITIES.—
(42 U.S.C. 247d) on January 31, 2020 with re- (A) emergency crisis intervention, including
spect to COVID–19, the Secretary, acting ‘‘(A) DETERMINATION OF FUNDING AMOUNT.—
mobile crisis units, 24/7 crisis call centers, and ‘‘(i) IN GENERAL.—The Secretary shall award
through the Director of the Centers for Disease medically staffed crisis stabilization programs; at least 10 cooperative agreements under this
Control and Prevention, shall maintain a toll- (B) screening, assessment, diagnosis, and section, in amounts not less than the minimum
free telephone number to address public health treatment; amount determined under clause (ii), to eligible
queries, including questions concerning COVID– (C) mental health awareness trainings; entities described in subsection (b)(1)(D) that
19. (D) evidence-based suicide prevention;
(b) AUTHORIZATION OF APPROPRIATIONS.—To submits to the Secretary an application that
(E) evidence-based integrated care models;
carry out this section, there is authorized to be meets the criteria of the Secretary for the receipt
(F) community recovery supports;
appropriated $10,000,000, to remain available of such an award and that meets other reason-
(G) outreach to underserved and minority
until expended. able implementation conditions established by
communities; and
the Secretary, in consultation with Indian
SEC. 30633. GRANTS TO ADDRESS SUBSTANCE (H) for front line health care workers.
USE DURING COVID–19. (c) PRIORITY.—The Secretary shall give pri- Tribes, for such awards. If the Secretary re-
ority to applicants proposing to serve areas with ceives more than 10 applications under this sec-
(a) IN GENERAL.—The Assistant Secretary for
a high number of COVID–19 cases. tion from eligible entities described in subsection
Mental Health and Substance Use of the De-
(d) EVALUATION.—An entity that receives a (b)(1)(D) that meet the criteria and conditions
partment of Health and Human Services (in this
grant under this section shall prepare and sub- described in the previous sentence, the Sec-
section referred to as the ‘‘Assistant Sec-
mit an evaluation to the Secretary at such time, retary, in consultation with Indian Tribes, may
retary’’), in consultation with the Director of
in such manner, and containing such informa- make additional awards under this section to
the Centers for Disease Control and Prevention,
tion as the Secretary may reasonably require, such entities.
shall award grants to States, political subdivi- ‘‘(ii) MINIMUM AMOUNT.—In determining the
sions of States, Tribes, Tribal organizations, and including—
(1) an evaluation of activities carried out with minimum amount of an award pursuant to
community-based entities to address the harms clause (i), the Secretary, in consultation with
of drug misuse, including by— funds received through the grant; and
(2) a process and outcome evaluation. Indian Tribes, shall first determine an amount
(1) preventing and controlling the spread of the Secretary considers appropriate for the eligi-
infectious diseases, such as HIV/AIDS and viral (e) AUTHORIZATION OF APPROPRIATIONS.—To
carry out this section, there is authorized to be ble entity.
hepatitis, and the consequences of such diseases ‘‘(B) AVAILABLE UNTIL EXPENDED.—Amounts
for individuals with substance use disorder; appropriated $50,000,000 for each of fiscal years
2020 and 2021, to remain available until ex- provided to a Tribal eligible entity under a coop-
(2) connecting individuals at risk for or with erative agreement under this section for a fiscal
a substance use disorder to overdose education, pended.
year and remaining unobligated at the end of
counseling, and health education; or Subtitle C—Assistance to Tribes such year shall remain available to such entity
(3) encouraging such individuals to take steps SEC. 30641. IMPROVING STATE, LOCAL, AND TRIB- during the entirety of the performance period,
to reduce the negative personal and public AL PUBLIC HEALTH SECURITY. for the purposes for which said funds were pro-
health impacts of substance use or misuse dur- Section 319C–1 of the Public Health Service vided.
ing the emergency period. Act (42 U.S.C. 247d–3a) is amended— ‘‘(C) NO MATCHING REQUIREMENT.—Subpara-
(b) CONSIDERATIONS.—In awarding grants (1) in the section heading, by striking ‘‘AND graphs (B), (C), and (D) of paragraph (1) shall
under this section, the Assistant Secretary shall LOCAL’’ and inserting ‘‘, LOCAL, AND TRIBAL’’; not apply with respect to cooperative agree-
prioritize grants to applicants proposing to serve (2) in subsection (b)— ments awarded under this section to eligible en-
areas with— (A) in paragraph (1)— tities described in subsection (b)(1)(D).’’; and
(1) a high proportion of people who meet cri- (i) in subparagraph (B), by striking ‘‘or’’ at (6) by adding at the end the following:
teria for dependence on or abuse of illicit drugs the end; ‘‘(l) SPECIAL RULES RELATED TO TRIBAL ELI-
who have not received any treatment; (ii) in subparagraph (C), by striking ‘‘and’’ at GIBLE ENTITIES.—
(2) high drug overdose death rates; the end and inserting ‘‘or’’; and ‘‘(1) MODIFICATIONS.—After consultation with
(3) high telemedicine infrastructure needs; (iii) by adding at the end the following: Indian Tribes, the Secretary may make nec-
and ‘‘(D) be an Indian Tribe, Tribal organization, essary and appropriate modifications to the pro-
(4) high behavioral health and substance use or a consortium of Indian Tribes or Tribal orga- gram under this section to facilitate the use of
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disorder workforce needs. nizations; and’’; and the cooperative agreement program by eligible
(c) DEFINITION.—In this section, the term (B) in paragraph (2)— entities described in subsection (b)(1)(D).
‘‘emergency period’’ has the meaning given to (i) in the matter preceding subparagraph (A), ‘‘(2) WAIVERS.—
such term in section 1135(g)(1)(B) of the Social by inserting ‘‘, as applicable’’ after ‘‘including’’; ‘‘(A) IN GENERAL.—Except as provided in sub-
Security Act (42 U.S.C. 1320b–5(g)(1)(B))). (ii) in subparagraph (A)(viii)— paragraph (B), the Secretary may waive or
(d) AUTHORIZATION OF APPROPRIATIONS.—To (I) by inserting ‘‘and Tribal’’ after ‘‘with specify alternative requirements for any provi-
carry out this section, there is authorized to be State’’; sion of this section (including regulations) that
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H2106 CORRECTION CONGRESSIONAL RECORD — HOUSE May 15, 2020
the Secretary administers in connection with ucts are distributed directly to health programs ance pursuant to this section shall not be sub-
this section if the Secretary finds that the waiv- or facilities operated by the Indian Health Serv- ject to repayment obligations under section
er or alternative requirement is necessary for the ice, an Indian Tribe, a Tribal organization (as 4261(b)(2).
effective delivery and administration of this pro- those terms are defined in section 4 of the In- ‘‘(b) ELIGIBLE PLANS.—
gram with respect to eligible entities described in dian Self-Determination and Education Assist-
subsection (b)(1)(D). ance Act (25 U.S.C. 5304)), or an inter-Tribal ‘‘(1) IN GENERAL.—For purposes of this sec-
‘‘(B) EXCEPTION.—The Secretary may not consortium (as defined in section 501 of the In- tion, a multiemployer plan is an eligible multi-
waive or specify alternative requirements under dian Self-Determination and Education Assist- employer plan if—
subparagraph (A) relating to labor standards or ance Act (25 U.S.C. 5381)) or through an urban ‘‘(A) the plan is in critical and declining sta-
the environment. Indian organization (as defined in section 4 of tus (within the meaning of section 305(b)(6)) in
‘‘(3) CONSULTATION.—The Secretary shall con- the Indian Health Care Improvement Act), while any plan year beginning in 2020 through 2024;
sult with Indian Tribes and Tribal organiza- avoiding duplicative distributions to such pro- ‘‘(B) a suspension of benefits has been ap-
tions on the design of this program with respect grams or facilities.’’. proved with respect to the plan under section
to such Tribes and organizations to ensure the TITLE VII—OTHER MATTERS 305(e)(9) as of the date of the enactment of this
effectiveness of the program in enhancing the section;
SEC. 30701. NON-DISCRIMINATION.
security of Indian Tribes with respect to public
(a) IN GENERAL.—Notwithstanding any provi- ‘‘(C) in any plan year beginning in 2020
health emergencies.
sion of a covered law (or an amendment made in through 2024, the plan is certified by the plan
‘‘(4) REPORTING.— actuary to be in critical status (within the
any such provision), no person otherwise eligi-
‘‘(A) IN GENERAL.—Not later than 2 years meaning of section 305(b)(2)), has a modified
ble shall be excluded from participation in, de-
after the date of enactment of this subsection, funded percentage of less than 40 percent, and
nied the benefits of, or subjected to discrimina-
and as an addendum to the biennial evaluations has a ratio of active to inactive participants
tion in the administration of, programs and
required under subsection (k), the Secretary, in which is less than 2 to 3; or
services receiving funding under a covered law
coordination with the Director of the Indian
(or an amendment made by a provision of such ‘‘(D) the plan is insolvent for purposes of sec-
Health Service, shall—
a covered law), based on any factor that is not tion 418E of the Internal Revenue Code of 1986
‘‘(i) conduct a review of the implementation of merit-based, such as age, disability, sex (includ-
this section with respect to eligible entities de- as of the date of enactment of this section, if the
ing sexual orientation, gender identity, and plan became insolvent after December 16, 2014,
scribed in subsection (b)(1)(D), including any pregnancy, childbirth, and related medical con-
factors that may have limited its success; and and has not been terminated by such date of en-
ditions), race, color, national origin, immigra- actment.
‘‘(ii) submit a report describing the results of tion status, or religion.
the review described in clause (i) to— ‘‘(2) MODIFIED FUNDED PERCENTAGE.—For
(b) COVERED LAW DEFINED.—In this section,
‘‘(I) the Committee on Indian Affairs, the purposes of paragraph (1)(C), the term ‘modified
the term ‘‘covered law’’ includes—
Committee on Health, Education, Labor and funded percentage’ means the percentage equal
(1) this Act (other than this section);
Pensions, and the Committee on Appropriations to a fraction the numerator of which is current
(2) title I of division B of the Paycheck Pro- value of plan assets (as defined in section 3(26)
of the Senate; and tection Program and Healthcare Enhancement
‘‘(II) the Subcommittee for Indigenous Peoples of such Act) and the denominator of which is
Act (Public Law 116–139); current liabilities (as defined in section
of the United States of the Committee on Nat- (3) subtitles A, D, and E of title III of the
ural Resources, the Committee on Energy and 431(c)(6)(D) of such Code and section
CARES Act (Public Law 116–136); 304(c)(6)(D) of such Act).
Commerce, and the Committee on Appropria- (4) division F of the Families First
tions of the House of Representatives. Coronavirus Relief Act (Public Law 116–127); ‘‘(c) APPLICATIONS FOR SPECIAL PARTITION.—
‘‘(B) ANALYSIS OF TRIBAL PUBLIC HEALTH and ‘‘(1) GUIDANCE.—The corporation shall issue
EMERGENCY INFRASTRUCTURE LIMITATION.—The guidance setting forth requirements for special
(5) division B of the Coronavirus Preparedness
Secretary shall include in the initial report sub- and Response Supplemental Appropriations Act, partition applications under this section not
mitted under subparagraph (A) a description of 2020 (Public Law 116–123). later than 120 days after the date of the enact-
any public health emergency infrastructure lim- ment of this section. In such guidance, the cor-
itation encountered by eligible entities described DIVISION D—RETIREMENT PROVISIONS
poration shall—
in subsection (b)(1)(D).’’. SEC. 40001. SHORT TITLE.
‘‘(A) limit the materials required for a special
SEC. 30642. PROVISION OF ITEMS TO INDIAN PRO- This division may be cited as the ‘‘Emergency
partition application to the minimum necessary
GRAMS AND FACILITIES. Pension Plan Relief Act of 2020’’.
to make a determination on the application; and
(a) STRATEGIC NATIONAL STOCKPILE.—Section TITLE I—RELIEF FOR MULTIEMPLOYER
319F–2(a)(3)(G) of the Public Health Service Act ‘‘(B) provide for an alternate application for
PENSION PLANS
(42 U.S.C. 247d–6b(a)(3)(G)) is amended by in- special partition under this section, which may
SEC. 40101. SPECIAL PARTITION RELIEF. be used by a plan that has been approved for a
serting ‘‘, and, in the case that the Secretary de-
ploys the stockpile under this subparagraph, en- (a) APPROPRIATION.—Section 4005 of the Em- partition under section 4233 before the date of
sure, in coordination with the applicable States ployee Retirement Income Security Act of 1974 enactment of this section.
and programs and facilities, that appropriate (29 U.S.C. 1305) is amended by adding at the end ‘‘(2) TEMPORARY PRIORITY CONSIDERATION OF
drugs, vaccines and other biological products, the following: APPLICATIONS.—
medical devices, and other supplies are deployed ‘‘(i)(1) An eighth fund shall be established for
partition assistance to multiemployer pension ‘‘(A) IN GENERAL.—The corporation may speci-
by the Secretary directly to health programs or fy in guidance under paragraph (1) that, during
facilities operated by the Indian Health Service, plans, as provided under section 4233A, and to
pay for necessary administrative and operating the first 2 years following the date of enactment
an Indian Tribe, a Tribal organization (as those of this section, special partition applications
terms are defined in section 4 of the Indian Self- expenses relating to such assistance.
‘‘(2) There is appropriated from the general will be provided priority consideration, if—
Determination and Education Assistance Act (25
U.S.C. 5304)), or an inter-Tribal consortium (as fund such amounts as necessary for the costs of ‘‘(i) the plan is likely to become insolvent
defined in section 501 of the Indian Self-Deter- providing partition assistance under section within 5 years of the date of enactment of this
mination and Education Assistance Act (25 4233A and necessary administrative and oper- section;
U.S.C. 5381)) or through an urban Indian orga- ating expenses. The eighth fund established ‘‘(ii) the corporation projects a plan to have a
nization (as defined in section 4 of the Indian under this subsection shall be credited with such present value of financial assistance payments
Health Care Improvement Act), while avoiding amounts from time to time as the Secretary of under section 4261 that exceeds $1,000,000,000 if
duplicative distributions to such programs or fa- the Treasury determines appropriate, from the the special partition is not ordered;
cilities’’ before the semicolon. general fund of the Treasury, and such amounts
‘‘(iii) the plan has implemented benefit sus-
(b) DISTRIBUTION OF QUALIFIED PANDEMIC OR shall remain available until expended.’’.
pensions under section 305(e)(9) as of the date of
EPIDEMIC PRODUCTS TO IHS FACILITIES.—Title (b) SPECIAL PARTITION AUTHORITY.—The Em-
the enactment of this section; or
III of the Public Health Service Act (42 U.S.C. ployee Retirement Income Security Act of 1974
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
(29 U.S.C. 1001 et seq.) is amended by inserting ‘‘(iv) the corporation determines it appropriate
241 et seq.) is amended by inserting after section
after section 4233 the following: based on other circumstances.
319F–4 the following:
‘‘SEC. 319F–5. DISTRIBUTION OF QUALIFIED PAN- ‘‘SEC. 4233A. SPECIAL PARTITION RELIEF. ‘‘(B) NO EFFECT ON AMOUNT OF ASSISTANCE.—
DEMIC OR EPIDEMIC PRODUCTS TO ‘‘(a) SPECIAL PARTITION AUTHORITY.— A plan that is approved for special partition as-
INDIAN PROGRAMS AND FACILITIES. ‘‘(1) IN GENERAL.—Upon the application of a sistance under this section shall not receive re-
‘‘In the case that the Secretary distributes plan sponsor of an eligible multiemployer plan duced special partition assistance on account of
qualified pandemic or epidemic products (as de- for partition of the plan under this section, the not receiving priority consideration under sub-
fined in section 319F–3(i)(7)) to States or other corporation shall order a partition of the plan paragraph (A).
entities, the Secretary shall ensure, in coordina- in accordance with this section. ‘‘(3) ACTUARIAL ASSUMPTIONS AND OTHER IN-
tion with the applicable States and programs ‘‘(2) INAPPLICABILITY OF CERTAIN REPAYMENT FORMATION.—The corporation shall accept as-
and facilities, that, as appropriate, such prod- OBLIGATION.—A plan receiving partition assist- sumptions incorporated in a multiemployer
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May 15, 2020 CONGRESSIONAL RECORD — HOUSE H2107
plan’s determination that it is in critical status ‘‘(2) BASIS.—The funding projections under shall be calculated taking into account any
or critical and declining status (within the paragraph (1) shall be performed on a deter- plan liabilities that are partitioned under sub-
meaning of section 305(b)), or that the plan’s ministic basis. section (a) until the plan year beginning after
modified funded percentage is less than 40 per- ‘‘(h) RESTORATION OF BENEFIT SUSPENSIONS.— the expiration of 15 calendar years from the ef-
cent, unless such assumptions are clearly erro- An eligible multiemployer plan that is parti- fective date of the partition.
neous. The corporation may require such other tioned under this section shall— ‘‘(l) CESSATION OF PARTITION ASSISTANCE.—If
information as the corporation determines ap- ‘‘(1) reinstate any benefits that were sus- a plan that receives partition assistance under
propriate for making a determination of eligi- pended under section 305(e)(9) or section this section becomes insolvent for purposes of
bility and the amount of special partition assist- 4245(a), effective as of the first month the spe- section 418E of the Internal Revenue Code of
ance necessary under this section. cial partition order is effective, for participants 1986, the plan shall no longer be eligible for as-
‘‘(4) APPLICATION DEADLINE.—Any application or beneficiaries as of the effective date of the sistance under this section and shall be eligible
by a plan for special partition assistance under partition; and for assistance under section 4261.
this section shall be submitted no later than De- ‘‘(2) provide payments equal to the amount of ‘‘(m) REPORTING.—An eligible multiemployer
cember 31, 2026, and any revised application for benefits previously suspended to any partici- plan that receives partition assistance under
special partition assistance shall be submitted pants or beneficiaries in pay status as of the ef- this section shall file with the corporation a re-
no later than December 31, 2027. fective date of the special partition, payable in port, including the following information, in
‘‘(5) NOTICE OF APPLICATION.—Not later than the form of a lump sum within 3 months of such such manner (which may include electronic fil-
120 days after the date of enactment of this sec- effective date or in equal monthly installments ing requirements) and at such time as the cor-
tion, the corporation shall issue guidance re- over a period of 5 years, with no adjustment for poration requires:
quiring multiemployer plans to notify partici- interest. ‘‘(1) The funded percentage (as defined in sec-
pants and beneficiaries that the plan has ap- ‘‘(i) ADJUSTMENT OF SPECIAL PARTITION AS- tion 305(j)(2)) as of the first day of such plan
plied for partition under this section, after the SISTANCE.— year, and the underlying actuarial value of as-
corporation has determined that the application ‘‘(1) IN GENERAL.—Every 5 years, the corpora- sets and liabilities taken into account in deter-
is complete. Such notice shall reference the spe- tion shall adjust the special partition assistance mining such percentage.
cial partition relief internet website described in described in subsection (e) as necessary for the ‘‘(2) The market value of the assets of the
subsection (p). eligible multiemployer plan to satisfy the fund- plan (determined as provided in paragraph (1))
‘‘(d) DETERMINATIONS ON APPLICATIONS.—A ing goals described in subsection (g). If the 30 as of the last day of the plan year preceding
plan’s application for special partition under year period described in subsection (g) has such plan year.
this section that is timely filed in accordance lapsed, in applying this paragraph, 5 years ‘‘(3) The total value of all contributions made
with guidance issued under subsection (c)(1) shall be substituted for 30 years. by employers and employees during the plan
shall be deemed approved and the corporation ‘‘(2) SUBMISSION OF INFORMATION.—An eligible year preceding such plan year.
shall issue a special partition order unless the multiemployer plan that is the subject of a spe- ‘‘(4) The total value of all benefits paid during
corporation notifies the plan within 120 days of cial partition order under subsection (a) shall the plan year preceding such plan year.
the filing of the application that the application submit such information as the corporation may ‘‘(5) Cash flow projections for such plan year
is incomplete or the plan is not eligible under require to determine the amount of the adjust- and the 9 succeeding plan years, and the as-
this section. Such notice shall specify the rea- ment under paragraph (1). sumptions used in making such projections.
sons the plan is ineligible for a special partition ‘‘(3) CESSATION OF ADJUSTMENTS.—Adjust- ‘‘(6) Funding standard account projections for
or information needed to complete the applica- ments under this subsection with respect to spe- such plan year and the 9 succeeding plan years,
tion. If a plan is denied partition under this cial partition assistance for an eligible multiem- and the assumptions relied upon in making such
subsection, the plan may submit a revised appli- ployer plan shall cease and the corporation projections.
cation under this section. Any revised applica- shall permanently assume liability for payment ‘‘(7) The total value of all investment gains or
tion for special partition submitted by a plan of any benefits transferred to the successor plan losses during the plan year preceding such plan
shall be deemed approved unless the corporation (subject to subsection (l)) beginning with the year.
notifies the plan within 120 days of the filing of first plan year that the funded percentage of the ‘‘(8) Any significant reduction in the number
the revised application that the application is eligible multiemployer plan (disregarding parti- of active participants during the plan year pre-
incomplete or the plan is not eligible under this tioned benefits) is at least 80 percent and the ceding such plan year, and the reason for such
section. A special partition order issued by the plan’s projected funded percentage for each of reduction.
corporation shall be effective no later than 120 the next 10 years is at least 80 percent. Any ac- ‘‘(9) A list of employers that withdrew from
days after a plan’s special partition application cumulated funding deficiency of the plan (with- the plan in the plan year preceding such plan
is approved by the corporation or deemed ap- in the meaning of section 304(a)) shall be re- year, the payment schedule with respect to such
proved. duced to zero as of the first day of the plan year withdrawal liability, and the resulting reduc-
‘‘(e) AMOUNT AND MANNER OF SPECIAL PARTI- for which partition assistance is permanent tion in contributions.
TION ASSISTANCE.— under this paragraph. ‘‘(10) A list of employers that paid withdrawal
‘‘(1) IN GENERAL.—The liabilities of an eligible ‘‘(j) CONDITIONS ON PLANS DURING PARTI- liability to the plan during the plan year pre-
multiemployer plan that the corporation as- TION.— ceding such plan year and, for each employer, a
sumes pursuant to a special partition order ‘‘(1) IN GENERAL.—The corporation may im- total assessment of the withdrawal liability
under this section shall be the amount necessary pose, by regulation, reasonable conditions on an paid, the annual payment amount, and the
for the plan to meet its funding goals described eligible multiemployer plan that is partitioned number of years remaining in the payment
in subsection (g). under section (a) relating to increases in future schedule with respect to such withdrawal liabil-
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