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S. 4509, Vaccine And Coverage Certainty Act

Summary

Senate bill 4509, the Vaccine And Coverage Certainty Act, or the VACC Act, introduced in the Senate of the United States on August 6, 2020, by Wyden and referred to the Committee on Finance. Its printed purpose is to provide for affordable coverage of COVID–19 vaccines under Medicare, Medicaid, and the Children’s Health Insurance Program. The table of contents lists Title I (Ensuring Coverage of COVID–19 Vaccines), Title II (Ensuring Coverage Under Medicaid) and Title III (Ensuring Coverage in the Marketplace), including Section 301 on disregard of additional unemployment compensation for purposes of premium tax credit and cost-sharing subsidies.

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Congressional materials
Document type
Bills Bills 116S4509Is Bills 116S4509Is
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Bills Bills 116S4509Is Bills 116S4509Is

Cite this document

“S. 4509, Vaccine And Coverage Certainty Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4509is-bills-116s4509is/, SHA-256 c307c9cec8f39a06865a8434935cfed55d552089deee0a380e800db84efc1ca0.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4509
                                                                       To provide for affordable coverage of COVID–19 vaccines under Medicare,
                                                                           Medicaid, and the Children’s Health Insurance Program, and for other
                                                                           purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    AUGUST 6, 2020
                                                                         Mr. WYDEN introduced the following bill; which was read twice and referred
                                                                                             to the Committee on Finance




                                                                                                                 A BILL
                                                                       To provide for affordable coverage of COVID–19 vaccines
                                                                          under Medicare, Medicaid, and the Children’s Health
                                                                          Insurance Program, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

                                                                         4              (a) SHORT TITLE.—This Act may be cited as the
                                                                         5 ‘‘Vaccine And Coverage Certainty Act’’ or the ‘‘VACC
                                                                         6 Act’’.
                                                                         7              (b) TABLE OF CONTENTS.—The table of contents for




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                                                                         8 this Act is as follows:
                                                                               Sec. 1. Short title; table of contents.




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                                                                                        TITLE I—ENSURING COVERAGE OF COVID–19 VACCINES

                                                                               Sec. 101. Ensuring affordability of federally funded COVID–19 vaccines under
                                                                                                Medicare.
                                                                               Sec. 102. Mandatory coverage of COVID–19 vaccines under Medicaid and
                                                                                                CHIP.
                                                                               Sec. 103. Inclusion of federally funded COVID–19 vaccines under Medicaid
                                                                                                drug rebate program; coverage of COVID–19 vaccines under
                                                                                                State pediatric vaccine distribution program.
                                                                               Sec. 104. Temporary enhanced Federal match for medical assistance for
                                                                                                COVID–19 vaccines.

                                                                                           TITLE II—ENSURING COVERAGE UNDER MEDICAID

                                                                               Sec. 201. Increased FMAP for medical assistance to newly eligible individuals.
                                                                               Sec. 202. Medicaid coverage for citizens of Freely Associated States.

                                                                                       TITLE III—ENSURING COVERAGE IN THE MARKETPLACE
                                                                               Sec. 301. Disregard of additional unemployment compensation for purposes of
                                                                                               premium tax credit and cost-sharing subsidies.

                                                                         1         TITLE I—ENSURING COVERAGE
                                                                         2            OF COVID–19 VACCINES
                                                                         3     SEC.        101.     ENSURING               AFFORDABILITY                    OF       FEDERALLY

                                                                         4                             FUNDED COVID–19 VACCINES UNDER MEDI-

                                                                         5                             CARE.

                                                                         6              (a) IN GENERAL.—Section 1833 of the Social Secu-
                                                                         7 rity Act (42 U.S.C. 1395l) is amended—
                                                                         8                        (1) in subsection (a)(1)(B), by inserting ‘‘sub-
                                                                         9              ject to subsection (dd)(1) (with respect to payment
                                                                       10               for federally funded COVID–19 vaccines),’’ after
                                                                       11               ‘‘1861(s)(10)(A),’’; and
                                                                       12                         (2) by adding at the end the following new sub-
                                                                       13               section:
                                                                       14               ‘‘(dd) ENSURING AFFORDABILITY OF FEDERALLY




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                                                                       15 FUNDED COVID–19 VACCINES.—



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                                                                         1                       ‘‘(1) INITIAL PAYMENT.—For purposes of sub-
                                                                         2              section (a)(1)(B), the amount of charges that are
                                                                         3              considered reasonable with respect to an applicable
                                                                         4              COVID–19 vaccine during the first year that such
                                                                         5              vaccine is administered under this part (referred to
                                                                         6              in this subsection as the ‘initial payment year’) shall
                                                                         7              not exceed the amount described in paragraph (3).
                                                                         8                       ‘‘(2) APPLICABLE COVID–19 VACCINE.—
                                                                         9                                 ‘‘(A) IN GENERAL.—In this subsection, the
                                                                       10                        term ‘applicable COVID–19 vaccine’ means a
                                                                       11                        vaccine—
                                                                       12                                         ‘‘(i) approved by the Food and Drug
                                                                       13                                  Administration under section 351 of the
                                                                       14                                  Public Health Service Act or authorized
                                                                       15                                  for emergency use under section 564 of the
                                                                       16                                  Federal Food, Drug, and Cosmetic Act for
                                                                       17                                  immunization against COVID–19; and
                                                                       18                                         ‘‘(ii) whose manufacturer was pro-
                                                                       19                                  vided funding for research or development
                                                                       20                                  of such vaccine or for the manufacture of
                                                                       21                                  such vaccine under a contract with the
                                                                       22                                  Federal Government (including the Bio-
                                                                       23                                  defense Advanced Research and Develop-




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                                                                       24                                  ment Authority of the Department of
                                                                       25                                  Health and Human Services) or under a


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                                                                         1                                 Federal grant program using funds made
                                                                         2                                 available under the Coronavirus Aid, Re-
                                                                         3                                 lief, and Economic Security Act (Public
                                                                         4                                 Law 116–136), or subsequently enacted
                                                                         5                                 legislation.
                                                                         6                                 ‘‘(B) NONAPPLICATION TO VACCINES PUR-
                                                                         7                       CHASED FOR FEDERAL DISTRIBUTION.—Such

                                                                         8                       term shall not include any doses of such vaccine
                                                                         9                       that are purchased under a Federal contract or
                                                                       10                        grant agreement described in paragraph (2)(B)
                                                                       11                        for Federal distribution.
                                                                       12                        ‘‘(3) AMOUNT DESCRIBED.—The amount de-
                                                                       13               scribed in this paragraph, with respect to an applica-
                                                                       14               ble COVID–19 vaccine, is the Federal procurement
                                                                       15               cost per dose accounting for Federal costs under all
                                                                       16               Federal contracts or grant agreements described in
                                                                       17               paragraph (2)(B) for the initial supply order with
                                                                       18               respect to such vaccine, not including the cost of any
                                                                       19               option to buy future doses of such vaccine under
                                                                       20               such contracts or agreements.
                                                                       21                        ‘‘(4) PAYMENT IN SUBSEQUENT YEARS.—For
                                                                       22               provisions relating to payment for an applicable
                                                                       23               COVID–19 vaccine in years after the initial payment




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                                                                       24               year, see section 1842(o)(1)(A)(iv) (relating to pay-




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                                                                         1              ment amount equal to 95 percent of the average
                                                                         2              wholesale price).
                                                                         3                       ‘‘(5) REBATE                 IF      PRICE          INCREASES            FASTER

                                                                         4              THAN INFLATION.—

                                                                         5                                 ‘‘(A) IN GENERAL.—Subject to subpara-
                                                                         6                       graph (B), the Secretary shall establish a proc-
                                                                         7                       ess under which, with respect to an applicable
                                                                         8                       COVID–19 vaccine of a manufacturer, effective
                                                                         9                       beginning with the first year after the initial
                                                                       10                        payment year, if the amount of payment for the
                                                                       11                        vaccine under this part increases faster than in-
                                                                       12                        flation with respect to a rebate period specified
                                                                       13                        by the Secretary, the manufacturer of such vac-
                                                                       14                        cine shall, not later than 30 days after receipt
                                                                       15                        from the Secretary of the rebate amount for
                                                                       16                        such rebate period, provide a rebate to the Sec-
                                                                       17                        retary that is equal to the amount specified in
                                                                       18                        subparagraph (C) for such vaccine and rebate
                                                                       19                        period.
                                                                       20                                  ‘‘(B) EXCEPTIONS.—The process estab-
                                                                       21                        lished under this paragraph shall provide for
                                                                       22                        the following exceptions with respect to an ap-
                                                                       23                        plicable COVID–19 vaccine of a manufacturer:




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                                                                       24                                         ‘‘(i) If the Secretary determines that
                                                                       25                                  there are exceptional circumstances, such


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                                                                         1                                 as a substantial increase in development or
                                                                         2                                 manufacturing costs due to circumstances
                                                                         3                                 outside the control of the manufacturer.
                                                                         4                                        ‘‘(ii) The manufacturer demonstrates,
                                                                         5                                 to the satisfaction of the Secretary, that it
                                                                         6                                 has significantly improved the clinical effi-
                                                                         7                                 cacy or safety of such vaccine relative to
                                                                         8                                 its clinical efficacy or safety when it was
                                                                         9                                 first procured or contracted for by the
                                                                       10                                  Federal Government. For purposes of the
                                                                       11                                  preceding sentence, a manufacturer may
                                                                       12                                  demonstrate the improved clinical efficacy
                                                                       13                                  or safety of a particular COVID–19 vac-
                                                                       14                                  cine according to a process established by
                                                                       15                                  the Advisory Committee on Immunization
                                                                       16                                  Practices at the Centers for Disease Con-
                                                                       17                                  trol in coordination with the Food and
                                                                       18                                  Drug Administration. The results of any
                                                                       19                                  assessment under this clause with respect
                                                                       20                                  to an applicable COVID–19 vaccine shall
                                                                       21                                  be made public.
                                                                       22                                  ‘‘(C) REBATE AMOUNT.—The amount of a
                                                                       23                        rebate under this subparagraph, with respect to




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                                                                       24                        an applicable COVID–19 vaccine of a manufac-
                                                                       25                        turer, is the product of—


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                                                                         1                                        ‘‘(i) the total number of doses of such
                                                                         2                                 vaccine administered during the rebate pe-
                                                                         3                                 riod; and
                                                                         4                                        ‘‘(ii) the amount (if any) by which—
                                                                         5                                                 ‘‘(I) the amount of payment for
                                                                         6                                        the vaccine under this part during the
                                                                         7                                        rebate period; exceeds
                                                                         8                                                 ‘‘(II) the inflation-adjusted pay-
                                                                         9                                        ment amount determined under sub-
                                                                       10                                         paragraph (D) of this paragraph for
                                                                       11                                         such vaccine during the rebate period.
                                                                       12                                  ‘‘(D) DETERMINATION OF INFLATION-AD-
                                                                       13                        JUSTED PAYMENT AMOUNT.—The inflation-ad-

                                                                       14                        justed payment amount determined under this
                                                                       15                        subparagraph for an applicable COVID–19 vac-
                                                                       16                        cine for a rebate period is—
                                                                       17                                         ‘‘(i) the amount of payment for the
                                                                       18                                  vaccine under this part during the initial
                                                                       19                                  payment year as described in paragraph
                                                                       20                                  (1); increased by
                                                                       21                                         ‘‘(ii) the percentage by which the re-
                                                                       22                                  bate period CPI–U (as defined in subpara-
                                                                       23                                  graph (F)) for the rebate period exceeds




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                                                                       24                                  the benchmark period CPI–U (as defined
                                                                       25                                  in subparagraph (E)).


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                                                                         1                                 ‘‘(E) BENCHMARK                        PERIOD           CPI–U.—The

                                                                         2                       term ‘benchmark period CPI–U’ means the con-
                                                                         3                       sumer price index for all urban consumers
                                                                         4                       (United States city average) for the first cal-
                                                                         5                       endar quarter in the initial payment year.
                                                                         6                                 ‘‘(F) REBATE PERIOD CPI–U.—The term
                                                                         7                       ‘rebate period CPI–U’ means, with respect to a
                                                                         8                       rebate period, the consumer price index for all
                                                                         9                       urban consumers (United States city average)
                                                                       10                        for the last month of the calendar quarter that
                                                                       11                        is two calendar quarters prior to the rebate pe-
                                                                       12                        riod.
                                                                       13                                  ‘‘(G) PROVISION                     OF       INFORMATION.—A

                                                                       14                        manufacturer of an applicable COVID–19 vac-
                                                                       15                        cine shall provide to the Secretary such infor-
                                                                       16                        mation, at such time and in such manner as the
                                                                       17                        Secretary specifies, as is needed to carry out
                                                                       18                        this paragraph.
                                                                       19                                  ‘‘(H) REBATE DEPOSITS.—Amounts paid
                                                                       20                        as rebates under this paragraph shall be depos-
                                                                       21                        ited into the Federal Supplementary Medical
                                                                       22                        Insurance Trust Fund established under section
                                                                       23                        1841.




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                                                                       24                                  ‘‘(I) ENFORCEMENT.—
                                                                       25                                         ‘‘(i) CIVIL MONEY PENALTY.—


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                                                                         1                                                 ‘‘(I) IN             GENERAL.—The                   Sec-
                                                                         2                                        retary shall impose a civil money pen-
                                                                         3                                        alty on a manufacturer that fails to
                                                                         4                                        comply with the requirements under
                                                                         5                                        this paragraph with respect to pro-
                                                                         6                                        viding a rebate for an applicable
                                                                         7                                        COVID–19 vaccine for a rebate period
                                                                         8                                        for each such failure in an amount
                                                                         9                                        equal to the sum of—
                                                                       10                                                             ‘‘(aa) the rebate amount
                                                                       11                                                  specified pursuant to subpara-
                                                                       12                                                  graph (C) for such vaccine for
                                                                       13                                                  such rebate period; and
                                                                       14                                                             ‘‘(bb) 25 percent of such
                                                                       15                                                  amount.
                                                                       16                                                  ‘‘(II) APPLICATION.—The provi-
                                                                       17                                         sions of section 1128A (other than
                                                                       18                                         subsections                 (a)      (with         respect     to
                                                                       19                                         amounts of penalties or additional as-
                                                                       20                                         sessments) and (b)) shall apply to a
                                                                       21                                         civil money penalty under this clause
                                                                       22                                         in the same manner as such provi-
                                                                       23                                         sions apply to a penalty or proceeding




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                                                                       24                                         under section 1128A(a).




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                                                                         1                                        ‘‘(ii) NO PAYMENT FOR MANUFACTUR-
                                                                         2                                 ERS WHO FAIL TO PAY PENALTY.—If the

                                                                         3                                 manufacturer of an applicable COVID–19
                                                                         4                                 vaccine fails to pay a civil money penalty
                                                                         5                                 under clause (i) with respect to the failure
                                                                         6                                 to provide a rebate for an applicable
                                                                         7                                 COVID–19 vaccine for a rebate period by
                                                                         8                                 a date specified by the Secretary after the
                                                                         9                                 imposition of such penalty, no payment
                                                                       10                                  shall be available under this part for such
                                                                       11                                  vaccine for calendar quarters beginning on
                                                                       12                                  or after such date until the Secretary de-
                                                                       13                                  termines the manufacturer has paid the
                                                                       14                                  penalty due under such clause.
                                                                       15                                  ‘‘(J) IMPLEMENTATION.—There shall be
                                                                       16                        no administrative or judicial review under sec-
                                                                       17                        tion 1869, section 1878, or otherwise, of the de-
                                                                       18                        termination of the rebate amount for an appli-
                                                                       19                        cable COVID–19 vaccine under subparagraph
                                                                       20                        (C), including the determination of—
                                                                       21                                         ‘‘(i) the total number of COVID–19
                                                                       22                                  vaccines administered during the rebate
                                                                       23                                  period under subparagraph (C)(i); and




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                                                                       24                                         ‘‘(ii) the inflation-adjusted payment
                                                                       25                                  amount under subparagraph (D).’’.


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                                                                         1              (b)                CONFORMING                          AMENDMENT.—Section
                                                                         2 1842(o)(1)(A)(iv) of the Social Security Act (42 U.S.C.
                                                                         3 1395u(o)(1)(A)(iv)) is amended by striking ‘‘A vaccine’’
                                                                         4 and inserting ‘‘Subject to section 1833(dd)(1) (relating to
                                                                         5 payment for an applicable COVID–19 vaccine during ini-
                                                                         6 tial payment year), a vaccine’’.
                                                                         7     SEC. 102. MANDATORY COVERAGE OF COVID–19 VACCINES

                                                                         8                             UNDER MEDICAID AND CHIP.

                                                                         9              (a) MEDICAID.—
                                                                       10                        (1) IN GENERAL.—Section 1905(a)(4) of the
                                                                       11               Social Security Act (42 U.S.C. 1396d(a)(4)) is
                                                                       12               amended—
                                                                       13                                  (A) by striking ‘‘and (D)’’ and inserting
                                                                       14                        ‘‘(D)’’; and
                                                                       15                                  (B) by striking the semicolon at the end
                                                                       16                        and inserting ‘‘; and (E) a COVID–19 vaccine
                                                                       17                        licensed under section 351 of the Public Health
                                                                       18                        Service Act, or approved or authorized under
                                                                       19                        sections 505 or 564 of the Federal Food, Drug,
                                                                       20                        and Cosmetic Act, and administration of the
                                                                       21                        vaccine;’’.
                                                                       22                        (2) PROHIBITION OF COST SHARING.—
                                                                       23                                  (A) IN GENERAL.—Subsections (a)(2) and




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                                                                       24                        (b)(2) of section 1916 of the Social Security
                                                                       25                        Act (42 U.S.C. 1396o) are each amended—


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                                                                         1                                        (i) in subparagraph (F), by striking
                                                                         2                                 ‘‘or’’ at the end;
                                                                         3                                        (ii) in subparagraph (G), by striking
                                                                         4                                 ‘‘; and’’ and inserting ‘‘, or’’; and
                                                                         5                                        (iii) by adding at the end the fol-
                                                                         6                                 lowing subparagraph:
                                                                         7                                 ‘‘(H) a COVID–19 vaccine licensed under
                                                                         8                       section 351 of the Public Health Service Act, or
                                                                         9                       approved or authorized under sections 505 or
                                                                       10                        564 of the Federal Food, Drug, and Cosmetic
                                                                       11                        Act, and the administration of such vaccine;
                                                                       12                        and’’.
                                                                       13                                  (B) APPLICATION TO ALTERNATIVE COST
                                                                       14                        SHARING.—Section 1916A(b)(3)(B) of the So-

                                                                       15                        cial Security Act (42 U.S.C. 1396o–1(b)(3)(B))
                                                                       16                        is amended—
                                                                       17                                         (i) in clause (xi), by striking ‘‘any
                                                                       18                                  visit’’ and inserting ‘‘any service’’; and
                                                                       19                                         (ii) by adding at the end the following
                                                                       20                                  clause:
                                                                       21                                         ‘‘(xii) A COVID–19 vaccine licensed
                                                                       22                                  under section 351 of the Public Health
                                                                       23                                  Service Act, or approved or authorized




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                                                                       24                                  under sections 505 or 564 of the Federal




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                                                                         1                                 Food, Drug, and Cosmetic Act, and the
                                                                         2                                 administration of such vaccine.’’.
                                                                         3                                 (C)         CLARIFICATION.—The                           amendments
                                                                         4                       made by this subsection shall apply with respect
                                                                         5                       to a State plan of a territory in the same man-
                                                                         6                       ner as the amendments apply to a State plan
                                                                         7                       of 1 of the 50 States or the District of Colum-
                                                                         8                       bia.
                                                                         9              (b) CHIP.—
                                                                       10                        (1) IN GENERAL.—Section 2103(c) of the So-
                                                                       11               cial Security Act (42 U.S.C. 1397cc(c)) is amended
                                                                       12               by adding at the end the following paragraph:
                                                                       13                        ‘‘(11) COVERAGE OF COVID–19 VACCINES.—Re-
                                                                       14               gardless of the type of coverage elected by a State
                                                                       15               under subsection (a), child health assistance pro-
                                                                       16               vided under such coverage for targeted low-income
                                                                       17               children and, in the case of a State that State elects
                                                                       18               to provide pregnancy-related assistance under such
                                                                       19               coverage pursuant to section 2112, such pregnancy-
                                                                       20               related assistance for targeted low-income pregnant
                                                                       21               women (as defined in section 2112(d)) shall include
                                                                       22               coverage of a COVID–19 vaccine licensed under sec-
                                                                       23               tion 351 of the Public Health Service Act, or ap-




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                                                                       24               proved or authorized under sections 505 or 564 of




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                                                                         1              the Federal Food, Drug, and Cosmetic Act, and the
                                                                         2              administration of such vaccine.’’.
                                                                         3                       (2) PROHIBITION OF COST SHARING.—Section
                                                                         4              2103(e)(2) of the Social Security Act (42 U.S.C.
                                                                         5              1397cc(e)(2)), as amended by section 6004(b)(3) of
                                                                         6              the Families First Coronavirus Response Act, is
                                                                         7              amended—
                                                                         8                                 (A) in the paragraph header, by inserting
                                                                         9                       ‘‘A       COVID–19           VACCINE,’’             before ‘‘OR          PREG-

                                                                       10                        NANCY-RELATED ASSISTANCE’’; and

                                                                       11                                  (B) by striking ‘‘visits described in section
                                                                       12                        1916(a)(2)(G), or’’ and inserting ‘‘services de-
                                                                       13                        scribed in section 1916(a)(2)(G), vaccines de-
                                                                       14                        scribed in section 1916(a)(2)(H), or’’.
                                                                       15      SEC. 103. INCLUSION OF FEDERALLY FUNDED COVID–19

                                                                       16                              VACCINES UNDER MEDICAID DRUG REBATE

                                                                       17                              PROGRAM;              COVERAGE                 OF      COVID–19     VAC-

                                                                       18                              CINES UNDER STATE PEDIATRIC VACCINE

                                                                       19                              DISTRIBUTION PROGRAM.

                                                                       20               (a) INCLUSION IN MEDICAID DRUG REBATE PRO-
                                                                       21      GRAM.—

                                                                       22                        (1) IN GENERAL.—Section 1927 of the Social
                                                                       23               Security Act (42 U.S.C. 1396r–8) is amended—




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                                                                       24                                  (A) in subsection (b)(1)(A), by inserting
                                                                       25                        ‘‘(or, in the case of an applicable COVID–19


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                                                                         1                       vaccine administered after July 1, 2020, an
                                                                         2                       amount specified in subsection (l))’’ after
                                                                         3                       ‘‘1990’’;
                                                                         4                                 (B) in subsection (k)—
                                                                         5                                        (i) in paragraph (2)—
                                                                         6                                                 (I) in subparagraph (B)—
                                                                         7                                                           (aa) in the matter preceding
                                                                         8                                                 clause (i), by inserting ‘‘(except
                                                                         9                                                 in the case of an applicable
                                                                       10                                                  COVID–19                      vaccine)’’       after
                                                                       11                                                  ‘‘other than a vaccine’’; and
                                                                       12                                                            (bb) in clause (iii), by strik-
                                                                       13                                                  ing ‘‘; and’’ and inserting a semi-
                                                                       14                                                  colon;
                                                                       15                                                  (II) in subparagraph (C), by
                                                                       16                                         striking the period at the end and in-
                                                                       17                                         serting ‘‘; and’’; and
                                                                       18                                                  (III) by adding at the end the
                                                                       19                                         following new subparagraph:
                                                                       20                                  ‘‘(D) an applicable COVID–19 vaccine.’’;
                                                                       21                        and
                                                                       22                                         (ii) by adding at the end the following
                                                                       23                                  new paragraph:




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                                                                         1                       ‘‘(12) APPLICABLE                       COVID–19             VACCINE.—The

                                                                         2              term ‘applicable COVID–19 vaccine’ has the mean-
                                                                         3              ing given such term in section 1833(dd)(2).’’; and
                                                                         4                                 (C) by adding at the end the following new
                                                                         5                       subsection:
                                                                         6              ‘‘(l) DETERMINATION OF AMOUNT OF REBATE FOR
                                                                         7 APPLICABLE COVID–19 VACCINES.—
                                                                         8                       ‘‘(1) IN GENERAL.—The amount of the rebate
                                                                         9              specified in this subsection for a rebate period with
                                                                       10               respect to an applicable COVID–19 vaccine shall be
                                                                       11               equal to the product of—
                                                                       12                                  ‘‘(A) the total number of units of the vac-
                                                                       13                        cine paid for under the State plan in the rebate
                                                                       14                        period (as reported by the State); and
                                                                       15                                  ‘‘(B) the difference between the average
                                                                       16                        manufacturer price and the inflation-adjusted
                                                                       17                        Federal procurement price (as defined in para-
                                                                       18                        graph (2)) for the vaccine.
                                                                       19                        ‘‘(2) INFLATION-ADJUSTED FEDERAL PROCURE-
                                                                       20               MENT PRICE.—For                           purposes of this section, the
                                                                       21               term ‘inflation-adjusted Federal procurement price’
                                                                       22               means, with respect to an applicable COVID–19 vac-
                                                                       23               cine and a rebate period—




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                                                                       24                                  ‘‘(A) for rebate periods occurring during
                                                                       25                        the first 12-month period that such vaccine is


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                                                                         1                       provided to State plans under this title, the
                                                                         2                       amount specified for the vaccine under section
                                                                         3                       1833(dd)(3); and
                                                                         4                                 ‘‘(B) for rebate periods occurring after
                                                                         5                       such 12-month period—
                                                                         6                                         ‘‘(i) the amount specified for the vac-
                                                                         7                                 cine under section 1833(dd)(3); increased
                                                                         8                                 by
                                                                         9                                         ‘‘(ii) the percentage by which the con-
                                                                       10                                  sumer price index for all urban consumers
                                                                       11                                  (United States city average) for the month
                                                                       12                                  before the month in which the rebate pe-
                                                                       13                                  riod begins exceeds such index for the
                                                                       14                                  month in which such 12-month period be-
                                                                       15                                  gins.
                                                                       16                        ‘‘(3) EXCEPTIONS.—No rebate shall be payable
                                                                       17               with respect to an applicable COVID–19 vaccine of
                                                                       18               a manufacturer and a rebate period occurring after
                                                                       19               the 12-month period described in paragraph (2)(A)
                                                                       20               if the Secretary determines that an exception de-
                                                                       21               scribed in section 1833(dd)(5)(B) applies with re-
                                                                       22               spect to the vaccine for the rebate period.’’.
                                                                       23                        (2) PROHIBITION ON PRIOR AUTHORIZATION.—




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                                                                       24               Section 1927(d)(1)(A) of the Social Security Act (42
                                                                       25               U.S.C. 1396r–8(d)(1)(A)) is amended by inserting


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                                                                         1              ‘‘other than an applicable COVID–19 vaccine’’ after
                                                                         2              ‘‘covered outpatient drug’’.
                                                                         3                       (3) NO EXCLUSION OF APPLICABLE COVID–19
                                                                         4              VACCINES.—Section 1927(d)(7) of the Social Secu-

                                                                         5              rity Act (42 U.S.C. 1396r–8(d)(7)) is amended by
                                                                         6              adding at the end the following:
                                                                         7                       ‘‘(D) Applicable COVID–19 vaccines.’’.
                                                                         8              (b) ENSURING COVERAGE                                    AND        AFFORDABILITY
                                                                         9 UNDER STATE PEDIATRIC VACCINE DISTRIBUTION PRO-
                                                                       10      GRAM.—Section                   1928 of the Social Security Act (42
                                                                       11 U.S.C. 1396s) is amended—
                                                                       12                        (1) in subsection (a)(1)—
                                                                       13                                  (A) in subparagraph (A), by striking ‘‘;
                                                                       14                        and’’ and inserting a semicolon;
                                                                       15                                  (B) in subparagraph (B), by striking the
                                                                       16                        period and inserting ‘‘; and’’; and
                                                                       17                                  (C) by adding at the end the following sub-
                                                                       18                        paragraph:
                                                                       19                                  ‘‘(C) each vaccine-eligible child (as defined
                                                                       20                        in subsection (b)) is entitled to receive a
                                                                       21                        COVID–19 vaccine from a program-registered
                                                                       22                        provider without charge for—
                                                                       23                                         ‘‘(i) the cost of such vaccine; or




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                                                                       24                                         ‘‘(ii) the administration of such vac-
                                                                       25                                  cine.’’;


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                                                                         1                       (2) in subsection (c)(2), by adding at the end
                                                                         2              the following subparagraph:
                                                                         3                                 ‘‘(D) The provider will provide and admin-
                                                                         4                       ister a COVID–19 vaccine to a vaccine-eligible
                                                                         5                       child in accordance with the same requirements
                                                                         6                       as the requirements that apply under the pre-
                                                                         7                       ceding subparagraphs to the provision and ad-
                                                                         8                       ministration of a qualified pediatric vaccine to
                                                                         9                       such a child.’’;
                                                                       10                        (3) in subsection (d)(3), by adding at the end
                                                                       11               the following new subparagraph:
                                                                       12                                  ‘‘(D) LIMITATION                     ON PRICE INCREASES

                                                                       13                        FOR APPLICABLE COVID–19 VACCINES.—

                                                                       14                                         ‘‘(i) IN GENERAL.—Subject to clause
                                                                       15                                  (ii), with respect to any contract entered
                                                                       16                                  into under this subsection for an applicable
                                                                       17                                  COVID–19 vaccine after the first such
                                                                       18                                  contract entered into with respect to such
                                                                       19                                  vaccine, no price for the purchase of such
                                                                       20                                  vaccine for vaccine-eligible children shall be
                                                                       21                                  agreed to by the Secretary under this sub-
                                                                       22                                  section if the price per dose of such vaccine
                                                                       23                                  (including any delivery costs and any appli-




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                                                                       24                                  cable excise tax established under section




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                                                                         1                                 4131 of the Internal Revenue Code of
                                                                         2                                 1986) exceeds—
                                                                         3                                                 ‘‘(I) the price per dose for the
                                                                         4                                        vaccine in effect under the first con-
                                                                         5                                        tract entered into under this sub-
                                                                         6                                        section for the purchase of such vac-
                                                                         7                                        cine; increased by
                                                                         8                                                 ‘‘(II) the percentage increase in
                                                                         9                                        the consumer price index for all urban
                                                                       10                                         consumers (all items; United States
                                                                       11                                         city average) from the month before
                                                                       12                                         such first contract is entered into to
                                                                       13                                         the month before the month in which
                                                                       14                                         the contract involved is entered into.
                                                                       15                                         ‘‘(ii) EXCEPTION.—The limitation de-
                                                                       16                                  scribed in clause (i) shall not apply with
                                                                       17                                  respect to an applicable COVID–19 vaccine
                                                                       18                                  and a contract if the Secretary determines
                                                                       19                                  that an exception described in section
                                                                       20                                  1833(dd)(5)(B) applies with respect to the
                                                                       21                                  vaccine for the contract period.’’; and
                                                                       22                        (4) in subsection (h), by adding at the end the
                                                                       23               following new paragraph:




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                                                                       24                        ‘‘(10)          COVID–19                     VACCINE;              APPLICABLE

                                                                       25               COVID–19 VACCINE.—



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                                                                         1                                 ‘‘(A)       COVID–19                  VACCINE.—The             term
                                                                         2                       ‘COVID–19 vaccine’ means a COVID–19 vac-
                                                                         3                       cine licensed under section 351 of the Public
                                                                         4                       Health Service Act, or approved or authorized
                                                                         5                       under section 505 or 564 of the Federal Food,
                                                                         6                       Drug, and Cosmetic Act, provided that such
                                                                         7                       vaccine is included on the list under subsection
                                                                         8                       (e).
                                                                         9                                 ‘‘(B) APPLICABLE                      COVID–19 VACCINE.—

                                                                       10                        The term ‘applicable COVID–19 vaccine’ means
                                                                       11                        a vaccine described in section 1833(dd)(2), pro-
                                                                       12                        vided that such vaccine is included on the list
                                                                       13                        under subsection (e).’’.
                                                                       14               (c) EFFECTIVE DATE.—The amendments made by
                                                                       15 this section take effect on the date of enactment of this
                                                                       16 Act and apply to rebate agreements entered into on or
                                                                       17 after such date without regard to whether final regulations
                                                                       18 to carry out such amendments have been promulgated as
                                                                       19 of such date.
                                                                       20      SEC. 104. TEMPORARY ENHANCED FEDERAL MATCH FOR

                                                                       21                               MEDICAL ASSISTANCE FOR COVID–19 VAC-

                                                                       22                               CINES.

                                                                       23               (a) IN GENERAL.—Section 1905 of the Social Secu-




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                                                                       24 rity Act (42 U.S.C. 1396d) is amended—




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                                                                         1                       (1) in subsection (b), by striking ‘‘and (ff)’’ and
                                                                         2              inserting ‘‘(ff), and (gg)’’; and
                                                                         3                       (2) by adding at the end the following new sub-
                                                                         4              section:
                                                                         5              ‘‘(gg) TEMPORARY ENHANCED FEDERAL MATCH
                                                                         6     FOR COVID–19 VACCINE AND ADMINISTRATION.—

                                                                         7                       ‘‘(1) IN GENERAL.—Notwithstanding subsection
                                                                         8              (b), with respect to medical assistance for vaccines
                                                                         9              and the administration of vaccines described in sub-
                                                                       10               section (a)(4)(E) that is furnished during the period
                                                                       11               described in paragraph (2), the Federal medical as-
                                                                       12               sistance percentage for a State shall be equal to 100
                                                                       13               percent.
                                                                       14                        ‘‘(2) PERIOD                     DESCRIBED.—The                     period de-
                                                                       15               scribed in this paragraph is the period that—
                                                                       16                                  ‘‘(A) begins with the date of enactment of
                                                                       17                        this subsection; and
                                                                       18                                  ‘‘(B) ends with the date that is 1 year
                                                                       19                        after the last day of the emergency period de-
                                                                       20                        fined in paragraph (1)(B) of section 1135(g).’’.
                                                                       21               (b) EXCLUSION FROM TERRITORIAL CAPS.—Section
                                                                       22 1108 of the Social Security Act (42 U.S.C. 1308) is
                                                                       23 amended—




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                                                                       24                        (1) in subsection (f), in the matter preceding
                                                                       25               paragraph (1), by striking ‘‘subsection (g) and sec-


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                                                                         1              tion 1935(e)(1)(B)’’ and inserting ‘‘subsections (g)
                                                                         2              and (h) and section 1935(e)(1)(B)’’; and
                                                                         3                       (2) by adding at the end the following:
                                                                         4              ‘‘(h) EXCLUSION FROM CAPS OF AMOUNTS ATTRIB-
                                                                         5     UTABLE TO CERTAIN INCREASED FMAP.—Any payment

                                                                         6 made to a territory for a fiscal year in which the Federal
                                                                         7 medical assistance percentage for the territory is deter-
                                                                         8 mined under section 1905(gg) shall not be taken into ac-
                                                                         9 count for purposes of applying payment limits under sub-
                                                                       10 sections (f) and (g) to the extent that such payment ex-
                                                                       11 ceeds the amount of the payment that would have been
                                                                       12 made to the territory for the year if the Federal medical
                                                                       13 assistance percentage for the territory had been deter-
                                                                       14 mined without regard to such section.’’.
                                                                       15          TITLE II—ENSURING COVERAGE
                                                                       16                 UNDER MEDICAID
                                                                       17      SEC. 201. INCREASED FMAP FOR MEDICAL ASSISTANCE TO

                                                                       18                              NEWLY ELIGIBLE INDIVIDUALS.

                                                                       19               (a) IN GENERAL.—Section 1905 of the Social Secu-
                                                                       20 rity Act (42 U.S.C. 1396d) is amended—
                                                                       21                        (1) in subsection (y)(1)—
                                                                       22                                  (A) in subparagraph (A), by striking
                                                                       23                        ‘‘2014, 2015, and 2016’’ and inserting ‘‘each of




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                                                                       24                        the first 3 consecutive 12-month periods in




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                                                                         1                       which the State provides medical assistance to
                                                                         2                       newly eligible individuals’’;
                                                                         3                                 (B) in subparagraph (B), by striking
                                                                         4                       ‘‘2017’’ and inserting ‘‘the fourth consecutive
                                                                         5                       12-month period in which the State provides
                                                                         6                       medical assistance to newly eligible individuals’’;
                                                                         7                                 (C) in subparagraph (C), by striking
                                                                         8                       ‘‘2018’’ and inserting ‘‘the fifth consecutive 12-
                                                                         9                       month period in which the State provides med-
                                                                       10                        ical assistance to newly eligible individuals’’;
                                                                       11                                  (D) in subparagraph (D), by striking
                                                                       12                        ‘‘2019’’ and inserting ‘‘the sixth consecutive 12-
                                                                       13                        month period in which the State provides med-
                                                                       14                        ical assistance to newly eligible individuals’’;
                                                                       15                        and
                                                                       16                                  (E) in subparagraph (E), by striking
                                                                       17                        ‘‘2020 and each year thereafter’’ and inserting
                                                                       18                        ‘‘the seventh consecutive 12-month period in
                                                                       19                        which the State provides medical assistance to
                                                                       20                        newly eligible individuals and each such period
                                                                       21                        thereafter’’; and
                                                                       22                        (2) in subsection (z)(2)(B)(i)(II), by inserting
                                                                       23               ‘‘(as in effect on the day before the enactment of the




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                                                                       24               Vaccine And Coverage Certainty Act)’’ after ‘‘sub-
                                                                       25               section (y)(1)’’.


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                                                                         1              (b) RETROACTIVE APPLICATION.—The amendments
                                                                         2 made by subsection (a)(1) shall take effect as if included
                                                                         3 in the enactment of Public Law 111–148 and shall apply
                                                                         4 to amounts expended by any State for medical assistance
                                                                         5 for newly eligible individuals described in subclause (VIII)
                                                                         6 of section 1902(a)(10)(A)(i) of the Social Security Act
                                                                         7 under a State Medicaid plan (or a waiver of such plan)
                                                                         8 during the period before the date of enactment of this Act.
                                                                         9     SEC. 202. MEDICAID COVERAGE FOR CITIZENS OF FREELY

                                                                       10                              ASSOCIATED STATES.

                                                                       11               (a) IN GENERAL.—Section 402(b)(2) of the Personal
                                                                       12 Responsibility and Work Opportunity Reconciliation Act
                                                                       13 of 1996 (8 U.S.C. 1612(b)(2)) is amended by adding at
                                                                       14 the end the following new subparagraph:
                                                                       15                                  ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS
                                                                       16                        OF FREELY ASSOCIATED STATES.—With respect

                                                                       17                        to eligibility for benefits for the designated Fed-
                                                                       18                        eral program defined in paragraph (3)(C) (re-
                                                                       19                        lating to the Medicaid program), section 401(a)
                                                                       20                        and paragraph (1) shall not apply to any indi-
                                                                       21                        vidual who lawfully resides in 1 of the 50 States
                                                                       22                        or the District of Columbia in accordance with
                                                                       23                        the Compacts of Free Association between the




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                                                                       24                        Government of the United States and the Gov-
                                                                       25                        ernments of the Federated States of Micro-


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                                                                         1                       nesia, the Republic of the Marshall Islands, and
                                                                         2                       the Republic of Palau and shall not apply, at
                                                                         3                       the option of the Governor of Puerto Rico, the
                                                                         4                       Virgin Islands, Guam, the Northern Mariana
                                                                         5                       Islands, or American Samoa as communicated
                                                                         6                       to the Secretary of Health and Human Services
                                                                         7                       in writing, to any individual who lawfully re-
                                                                         8                       sides in the respective territory in accordance
                                                                         9                       with such Compacts.’’.
                                                                       10               (b) EXCEPTION TO 5-YEAR LIMITED ELIGIBILITY.—
                                                                       11 Section 403(d) of such Act (8 U.S.C. 1613(d)) is amend-
                                                                       12 ed—
                                                                       13                        (1) in paragraph (1), by striking ‘‘or’’ at the
                                                                       14               end;
                                                                       15                        (2) in paragraph (2), by striking the period at
                                                                       16               the end and inserting ‘‘; or’’; and
                                                                       17                        (3) by adding at the end the following new
                                                                       18               paragraph:
                                                                       19                        ‘‘(3)        an        individual             described             in   section
                                                                       20               402(b)(2)(G), but only with respect to the des-
                                                                       21               ignated            Federal           program               defined           in   section
                                                                       22               402(b)(3)(C).’’.
                                                                       23               (c) DEFINITION                    OF       QUALIFIED ALIEN.—Section




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                                                                       24 431(b) of such Act (8 U.S.C. 1641(b)) is amended—




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                                                                         1                       (1) in paragraph (6), by striking ‘‘; or’’ at the
                                                                         2              end and inserting a comma;
                                                                         3                       (2) in paragraph (7), by striking the period at
                                                                         4              the end and inserting ‘‘, or’’; and
                                                                         5                       (3) by adding at the end the following new
                                                                         6              paragraph:
                                                                         7                       ‘‘(8) an individual who lawfully resides in the
                                                                         8              United States in accordance with a Compact of Free
                                                                         9              Association referred to in section 402(b)(2)(G), but
                                                                       10               only with respect to the designated Federal program
                                                                       11               defined in section 402(b)(3)(C) (relating to the Med-
                                                                       12               icaid program).’’.
                                                                       13               (d)        APPLICATION                    TO     STATE             PLANS.—Section
                                                                       14 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C.
                                                                       15 1396a(a)(10)(A)(i)) is amended by inserting after sub-
                                                                       16 clause (IX) the following:
                                                                       17                                                  ‘‘(X) who are described in section
                                                                       18                                         402(b)(2)(G) of the Personal Respon-
                                                                       19                                         sibility and Work Opportunity Rec-
                                                                       20                                         onciliation Act of 1996 and eligible
                                                                       21                                         for benefits under this title by reason
                                                                       22                                         of application of such section;’’.
                                                                       23               (e) CONFORMING AMENDMENTS.—Section 1108 of




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                                                                       24 the Social Security Act (42 U.S.C. 1308), as amended by
                                                                       25 section 104, is amended—


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                                                                         1                       (1) in subsection (f), in the matter preceding
                                                                         2              paragraph (1), by striking ‘‘subsections (g) and (h)’’
                                                                         3              and inserting ‘‘subsections (g), (h), and (i)’’; and
                                                                         4                       (2) by adding at the end the following:
                                                                         5              ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EXPENDI-
                                                                         6     TURES FOR CITIZENS OF FREELY ASSOCIATED STATES.—

                                                                         7 Expenditures for medical assistance provided to an indi-
                                                                         8 vidual described in section 431(b)(8) of the Personal Re-
                                                                         9 sponsibility and Work Opportunity Reconciliation Act of
                                                                       10 1996 (8 U.S.C. 1641(b)(8)) shall not be taken into ac-
                                                                       11 count for purposes of applying payment limits under sub-
                                                                       12 sections (f) and (g).’’.
                                                                       13               (f) EFFECTIVE DATE.—The amendments made by
                                                                       14 this section shall apply to benefits for items and services
                                                                       15 furnished on or after the date of the enactment of this
                                                                       16 Act.
                                                                       17 TITLE    III—ENSURING COV-
                                                                       18    ERAGE IN THE MARKET-
                                                                       19    PLACE
                                                                       20      SEC. 301. DISREGARD OF ADDITIONAL UNEMPLOYMENT

                                                                       21                              COMPENSATION                     FOR        PURPOSES               OF   PRE-

                                                                       22                              MIUM TAX CREDIT AND COST-SHARING SUB-

                                                                       23                              SIDIES.




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                                                                       24               (a) IN GENERAL.—Section 36B(d)(2)(B) of the In-
                                                                       25 ternal Revenue Code of 1986 is amended—


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                                                                         1                       (1) by redesignating clauses (i), (ii), and (iii) as
                                                                         2              subclauses (I), (II), and (III), respectively, and by
                                                                         3              moving such subclauses 2 ems to the right;
                                                                         4                       (2) by striking ‘‘adjusted gross income in-
                                                                         5              creased by’’ and inserting ‘‘adjusted gross income—
                                                                         6                                        ‘‘(i) decreased by the amount of any
                                                                         7                                 Federal          pandemic               unemployment           com-
                                                                         8                                 pensation paid to an individual under sec-
                                                                         9                                 tion 2104 of division A of the CARES Act
                                                                       10                                  during the taxable year; and
                                                                       11                                         ‘‘(ii) increased by—’’; and
                                                                       12                        (3) by adding at the end the following new
                                                                       13               flush sentence:
                                                                       14 ‘‘Clause (i) shall not apply to the extent that such decrease
                                                                       15 results in a household income for the taxpayer which is
                                                                       16 less than 100 percent of the poverty line for a family of
                                                                       17 the size involved.’’.
                                                                       18               (b) TEMPORARY SUSPENSION OF RECAPTURE OF EX-
                                                                       19      CESS ADVANCE PAYMENTS.—Section 36B(f)(2) of the In-

                                                                       20 ternal Revenue Code of 1986 is amended by adding at the
                                                                       21 end the following new subparagraph:
                                                                       22                                  ‘‘(C) SPECIAL RULE FOR 2020 AND 2021.—
                                                                       23                        Subparagraph (A) shall not apply to any tax-




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                                                                       24                        able year beginning in 2020 or 2021.’’.




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                                                                         1              (c) EFFECTIVE DATE.—The amendments made by
                                                                         2 this section shall apply to taxable years beginning after
                                                                         3 December 31, 2019.
                                                                                                                                  Æ




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