Congressional Record — Senate, March 19, 2020, Page S1834
Summary
Page S1834 of the Senate section of the Congressional Record for March 19, 2020. Thune asks unanimous consent that the text of a bill be printed in the Record, and the bill, which may be cited as the "Tax Filing Relief for America Act", is printed, beginning with a section on deadlines for taxable year 2019. The bill is described as one to extend the due date for the return and payment of Federal income taxes to July 15, 2020, for taxable year 2019. The page also prints a table of contents with sections on delay of certain deadlines, business provisions and coverage of diagnostic testing for COVID-19.
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“Congressional Record — Senate, March 19, 2020, Page S1834.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-19-crec-2020-03-19-pt1-pgs1834-a44db42bc9/
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S1834 CONGRESSIONAL RECORD — SENATE March 19, 2020
ROSEN, Mr. CRAMER, Mrs. FEIN- Sec. 2102. Delay of certain deadlines. Sec. 4132. GAO report on intra-agency co-
STEIN, Mr. HOEVEN, and Mr. Sec. 2103. Special rules for use of retirement ordination.
funds. PART V—EMERGENCY USE OF LABORATORY
MERKLEY): Sec. 2104. Allowance of partial above the
S. 3535. A bill to extend the due date DEVELOPED TESTS
line deduction for charitable
for the return and payment of Federal contributions. Sec. 4141. Emergency use of laboratory de-
income taxes to July 15, 2020, for tax- Sec. 2105. Modification of limitations on veloped tests.
able year 2019; to the Committee on Fi- charitable contributions during Subtitle B—Access to Health Care for
nance. 2020. COVID-19 Patients
Mr. THUNE. Mr. President, I ask TITLE II—BUSINESS PROVISIONS PART I—COVERAGE OF TESTING AND
unanimous consent that the text of the Sec. 2201. Delay of estimated tax payments PREVENTIVE SERVICES
bill be printed in the RECORD. for corporations. Sec. 4201. Coverage of diagnostic testing for
There being no objection, the text of Sec. 2202. Delay of payment of employer COVID-19.
the bill was ordered to be printed in payroll taxes. Sec. 4202. Pricing of diagnostic testing.
Sec. 2203. Modifications for net operating Sec. 4203. Rapid coverage of preventive serv-
the RECORD, as follows: losses. ices and vaccines for
S. 3535 Sec. 2204. Modification of limitation on coronavirus.
Be it enacted by the Senate and House of Rep- losses for taxpayers other than PART II—SUPPORT FOR HEALTH CARE
resentatives of the United States of America in corporations. PROVIDERS
Congress assembled, Sec. 2205. Modification of credit for prior
year minimum tax liability of Sec. 4211. Supplemental awards for health
SECTION 1. SHORT TITLE.
corporations. centers.
This Act may be cited as the ‘‘Tax Filing
Sec. 2206. Modification of limitation on busi- Sec. 4212. Allowing permanent direct hire of
Relief for America Act’’.
ness interest. NDMS health care profes-
SEC. 2. DEADLINES FOR TAXABLE YEAR 2019.
Sec. 2207. Technical amendments regarding sionals.
(a) IN GENERAL.—In the case of returns for Sec. 4213. Telehealth network and telehealth
taxable year 2019, including for purposes of qualified improvement prop-
erty. resource centers grant pro-
section 6151(a) of the Internal Revenue Code grams.
Sec. 2208. Installments not to prevent credit
of 1986, section 6072(a) of such Code shall be Sec. 4214. Rural health care services out-
or refund of overpayments or
applied— reach, rural health network de-
increase estimated taxes.
(1) by substituting ‘‘July’’ for ‘‘April’’, and velopment, and small health
Sec. 2209. Restoration of limitation on
(2) by substituting ‘‘the seventh month’’ care provider quality improve-
downward attribution of stock
for ‘‘the fourth month’’. ment grant programs.
ownership in applying construc-
(b) EFFECTIVE DATE.—Subsection (a) shall Sec. 4215. United States Public Health Serv-
tive ownership rules.
apply to all returns required to be filed for ice Modernization.
taxable year 2019. DIVISION C—ASSISTANCE TO SEVERELY
DISTRESSED SECTORS OF THE UNITED Sec. 4216. Limitation on liability for volun-
STATES ECONOMY teer health care professionals
By Mr. MCCONNELL (for himself, during covid-19 emergency re-
Mr. ALEXANDER, Mr. CRAPO, Mr. TITLE I—ECONOMIC STABILIZATION
sponse.
GRASSLEY, Mr. RUBIO, Mr. Sec. 3101. Short title.
Sec. 3102. Emergency relief through loans PART III—MISCELLANEOUS PROVISIONS
SHELBY, and Mr. WICKER):
and loan guarantees. Sec. 4221. Confidentiality and disclosure of
S. 3548. A bill to provide emergency records relating to substance
Sec. 3103. Limitation on certain employee
assistance and health care response for compensation. use disorder.
individuals, families, and businesses af- Sec. 3104. Continuation of certain air serv- Sec. 4222. Nutrition services.
fected by the 2020 coronavirus pan- ice. Sec. 4223. Guidance on protected health in-
demic; to the Committee on Finance. Sec. 3105. Reports. formation.
Mr. MCCONNELL. Mr. President, I Sec. 3106. Coordination with Secretary of Sec. 4224. Reauthorization of healthy start
ask unanimous consent that the text of Transportation. program.
Sec. 3107. Definitions. Subtitle C—Innovation
the bill be printed in the RECORD. Sec. 3108. Rule of construction.
There being no objection, the text of Sec. 4301. Removing the cap on OTA.
TITLE II—AVIATION EXCISE TAXES
the bill was ordered to be printed in Sec. 4302. Extending the priority review pro-
Sec. 3201. Suspension of certain aviation ex- gram for agents that present
the RECORD, as follows: cise taxes.
S. 3548 national security threats.
DIVISION D—HEALTH CARE RESPONSE Sec. 4303. Priority zoonotic animal drugs.
Be it enacted by the Senate and House of Rep-
TITLE I—HEALTH PROVISIONS Subtitle D—Finance Committee
resentatives of the United States of America in
Congress assembled, Subtitle A—Addressing Supply Shortages Sec. 4401. Exemption for telehealth services.
SECTION 1. SHORT TITLE. PART I—MOVING THE STRATEGIC NATIONAL Sec. 4402. Inclusion of certain over-the-
This Act may be cited as the ‘‘Coronavirus STOCKPILE TO ASPR counter medical products as
Aid, Relief, and Economic Security Act’’ or Sec. 4101. Moving the strategic national qualified medical expenses.
the ‘‘CARES Act’’. stockpile to ASPR. Sec. 4403. Treatment of direct primary care
SEC. 2. TABLE OF CONTENTS. PART II—MEDICAL PRODUCT SUPPLIES service arrangements.
Sec. 4404. Increasing Medicare telehealth
The table of contents for this Act is as fol- Sec. 4111. National Academies report on flexibilities during emergency
lows: America’s medical product sup- period.
Sec. 1. Short title. ply chain security. Sec. 4405. Enhancing Medicare telehealth
Sec. 2. Table of contents. Sec. 4112. Requiring the strategic national
services for Federally qualified
DIVISION A—SMALL BUSINESS stockpile to include certain
health centers and rural health
INTERRUPTION LOANS types of medical supplies.
clinics during emergency pe-
Sec. 4113. Treatment of respiratory protec-
Sec. 1101. Definitions. riod.
Sec. 1102. 7(a) loan program. tive devices as covered counter-
Sec. 4406. Temporary waiver of requirement
Sec. 1103. Entrepreneurial development. measures.
for face-to-face visits between
Sec. 1104. Waiver of matching funds require- PART III—MITIGATING EMERGENCY DRUG home dialysis patients and phy-
ment under the women’s busi- SHORTAGES sicians.
ness center program. Sec. 4121. Prioritize reviews of drug applica- Sec. 4407. Improving care planning for Medi-
Sec. 1105. Loan forgiveness. tions; incentives. care home health services.
Sec. 1106. Direct appropriations. Sec. 4122. Additional manufacturer report- Sec. 4408. Adjustment of sequestration.
Sec. 1107. Minority business development ing requirements in response to Sec. 4409. Medicare hospital inpatient pro-
agency. drug shortages. spective payment system add-
Sec. 1108. Waiver of prepayment penalty. Sec. 4123. GAO report on intra-agency co-
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Sec. 1109. United States Treasury Program on payment for covid–19 pa-
ordination. tients during emergency period.
Management Authority. Sec. 4124. Report. Sec. 4410. Revising payment rates for dura-
DIVISION B—RELIEF FOR INDIVIDUALS, Sec. 4125. Safe harbor provision. ble medical equipment under
FAMILIES, AND BUSINESSES PART IV—PREVENTING ESSENTIAL MEDICAL the Medicare program through
TITLE I—REBATES AND OTHER DEVICE SHORTAGES duration of emergency period.
INDIVIDUAL PROVISIONS Sec. 4131. Discontinuance or interruption in Sec. 4411. Providing home and community-
Sec. 2101. 2020 recovery rebates for individ- the production of medical de- based services in acute care
uals. vices. hospitals.
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1835
Sec. 4412. Treatment of technology-enabled payment for items or services furnished (1) IN GENERAL.—Section 7(a)(2)(A) of the
collaborative learning and ca- under a State plan under title XIX of the So- Small Business Act (15 U.S.C. 636(a)(2)(A)) is
pacity building models as med- cial Security Act (42 U.S.C. 1396 et seq.) or amended by striking ‘‘equal to—’’ and all
ical assistance. under a waiver of such plan. that follows through the end of the subpara-
Sec. 4413. Encouraging the development and (c) MAXIMUM LOAN AMOUNT.—During the graph and inserting ‘‘equal to 100 percent of
use of DISARM antimicrobial covered period, with respect to any loan the balance of the financing outstanding at
drugs. guaranteed under section 7(a) of the Small the time of disbursement of the loan.’’.
Sec. 4414. Novel medical products. Business Act (15 U.S.C. 636(a)) for which an (2) PROSPECTIVE REPEAL.—Effective on Jan-
TITLE II—EDUCATION PROVISIONS application is approved or pending approval uary 1, 2021, section 7(a)(2)(A) of the Small
on or after the date of enactment of this Act, Business Act (15 U.S.C. 636(a)(2)(A)) is
Sec. 4501. Short title. the maximum loan amount shall be the less- amended by striking ‘‘equal to 100 percent of
Sec. 4502. Definitions. er of— the balance of financing outstanding at the
Sec. 4503. Campus-based aid waivers. (1) the product obtained by multiplying— time of disbursement of the loan’’ and insert-
Sec. 4504. Use of supplemental educational (A) the average total monthly payments by ing ‘‘equal to—
opportunity grants for emer- the applicant for payroll, mortgage pay- ‘‘(i) 75 percent of the balance of the financ-
gency aid. ments, rent payments, and payments on any ing outstanding at the time of disbursement
Sec. 4505. Federal work-study during a other debt obligations incurred during the 1 of the loan, if such balance exceeds $150,000;
qualifying emergency. year period before the date on which the loan or
Sec. 4506. Adjustment of subsidized loan is made, except that, in the case of an appli- ‘‘(ii) 85 percent of the balance of the fi-
usage limits. cant that is seasonal employer, as deter- nancing outstanding at the time of disburse-
Sec. 4507. Exclusion from Federal Pell Grant mined by the Administrator, the average ment of the loan, if such balance is less than
duration limit. total monthly payments for payroll shall be or equal to $150,000.’’.
Sec. 4508. Institutional refunds and Federal for the period beginning March 1, 2019 and (g) DEFERMENT OF 7(A) LOANS.—
student loan flexibility. ending June 30, 2019; by (1) DEFINITIONS .—
Sec. 4509. Satisfactory progress. (B) 4; or (A) ELIGIBLE BORROWER.—The term ‘‘eligi-
Sec. 4510. Continuing education at affected ble borrower’’ means—
(2) $10,000,000.
foreign institutions. (d) ALLOWABLE USES OF PROGRAM LOANS.— (i) a small business concern; or
Sec. 4511. National emergency educational (1) IN GENERAL.—During the covered period, (ii) an organization made eligible by sub-
waivers. a recipient of a loan made under section 7(a) section (b) of this section for a loan under
Sec. 4512. HBCU Capital financing. of the Small Business Act (15 U.S.C. 636(a)) section 7(a) of the Small Business Act (15
Sec. 4513. Temporary relief for federal stu- (including a recipient of assistance under the U.S.C. 636(a)).
dent loan borrowers. Community Advantage Pilot Program of the (B) IMPACTED BORROWER.—
Sec. 4514. Provisions related to the Corpora- Administration) may, in addition to the al- (i) IN GENERAL.—In this subsection, the
tion for National and Commu- lowable uses of such a loan, use the proceeds term ‘‘impacted borrower’’ means an eligible
nity Service. of the loan for— borrower that—
Sec. 4515. Workforce response activities. (A) payroll support, including paid sick, (I) is in operation on March 1, 2020; and
Sec. 4516. Technical amendments. medical, or family leave, and costs related to (II) has an application for a loan made
TITLE III—LABOR PROVISIONS the continuation of group health care bene- under section 7(a) of the Small Business Act
Sec. 4601. Limitation on paid leave. fits during those periods of leave; (15 U.S.C. 636(a)) that is approved or pending
Sec. 4602. Emergency Paid Sick Leave Act (B) employee salaries; approval on or after the date of enactment of
Limitation. (C) mortgage payments; this Act.
Sec. 4603. Regulatory Authorities under the (D) rent (including rent under a lease (ii) PRESUMPTION.—For purposes of this
Emergency Paid Sick Leave agreement); subsection, an impacted borrower is pre-
Act. (E) utilities; and sumed to have been adversely impacted by
Sec. 4604. Unemployment insurance. (F) any other debt obligations that were COVID–19.
Sec. 4605. OMB Waiver of Paid Family and incurred before the covered period. (2) DEFERRAL.—During the covered period,
Paid Sick Leave. (2) DELEGATED AUTHORITY.— the Administrator shall—
Sec. 4606. Paid leave for rehired employees. (A) IN GENERAL.—For purposes of making (A) consider each eligible borrower that
Sec. 4607. Advance refunding of credits. loans for the purposes described in paragraph applies for a loan under section 7(a) of the
DIVISION E—TEMPORARY PERMIT USE (1), a lender under section 7(a) of the Small Small Business Act (15 U.S.C. 636(a)) to be an
TO GUARANTEE MONEY MARKET MU- Business Act (15 U.S.C. 636(a)) shall be con- impacted borrower; and
TUAL FUNDS sidered to have delegated authority to make (B) require lenders under such section 7(a)
and approve loans under such section 7(a) to provide complete payment deferment re-
Sec. 5001. Non-applicability of restrictions
based on an evaluation of the eligibility of lief for impacted borrowers with loans guar-
on ESF during national emer-
the borrower. anteed under such section 7(a) for a period of
gency.
(B) CONSIDERATIONS.—In evaluating the eli- not more than 1 year.
DIVISION F—BUDGETARY PROVISIONS gibility of a borrower for a loan under sec- (3) SECONDARY MARKET.—During the cov-
Sec. 6001. Emergency designation. tion 7(a) of the Small Business Act (15 U.S.C. ered period, with respect to a loan made
DIVISION A—SMALL BUSINESS 636(a)) with the terms described in this sub- under 7(a) of the Small Business Act (15
INTERRUPTION LOANS section and subsection (c), a lender shall U.S.C. 636(a)) that is sold on the secondary
only consider whether the borrower— market, if an investor declines to approve a
SEC. 1101. DEFINITIONS.
(i) was in operation on March 1, 2020; and deferral requested by a lender under para-
In this division—
(ii) had employees for whom the borrower graph (2), the Administrator shall exercise
(1) the terms ‘‘Administration’’ and ‘‘Ad-
paid salaries and payroll taxes. the authority to purchase the loan so that
ministrator’’ mean the Small Business Ad-
(3) LIMITATION.—A borrower that receives the impacted borrower may receive a defer-
ministration and the Administrator thereof;
assistance under section 7(b)(2) of the Small ral for a period of not more than 1 year.
and
Business Act (15 U.S.C. 636(b)(2)) related to (4) GUIDANCE.—Not later than 30 days after
(2) the term ‘‘small business concern’’ has the date of enactment of this Act, the Ad-
COVID–19 for purposes of paying payroll and
the meaning given the term in section 3 of ministrator shall provide guidance to lenders
providing payroll support shall not be eligi-
the Small Business Act (15 U.S.C. 632). under section 7(a) of the Small Business Act
ble for a loan described in paragraph (1) for
SEC. 1102. 7(a) LOAN PROGRAM. (15 U.S.C. 636(a)) on the deferment process
the same purpose.
(a) DEFINITION OF COVERED PERIOD.—In this (e) FEE WAIVER FOR 7(A) LOANS.—During described in this subsection.
section, the term ‘‘covered period’’ means the covered period, with respect to each loan (h) COMMITMENTS FOR 7(A) LOANS.—During
the period beginning on March 1, 2020 and guaranteed under section 7(a) of the Small the covered period—
ending on December 31, 2020. Business Act (15 U.S.C. 636(a))— (1) there shall be no limitation on the com-
(b) INCREASED ELIGIBILITY FOR CERTAIN (1) in lieu of the fee otherwise applicable mitments for general business loans author-
SMALL BUSINESSES AND ORGANIZATIONS.— under section 7(a)(23)(A) of the Small Busi- ized under section 7(a) of the Small Business
(1) IN GENERAL.—During the covered period, ness Act (15 U.S.C. 636(a)(23)(A)), the Admin- Act (15 U.S.C. 636(a)); and
any business concern, private nonprofit orga- istrator shall collect no fee or reduce fees to (2) the amount authorized for commit-
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nization, or public nonprofit organization the maximum extent possible; and ments for such loans under the heading
which employs not more than 500 employees (2) for which the application is approved on ‘‘BUSINESS LOANS PROGRAM ACCOUNT’’ under
shall be eligible to receive a loan made under or after the date of enactment of this Act, the heading ‘‘SMALL BUSINESS ADMINISTRA-
section 7(a) of the Small Business Act (15 the Administrator shall, in lieu of the fee TION’’ under title V of the Consolidated Ap-
U.S.C. 636(a)), in addition to small business otherwise applicable under section 7(a)(18)(A) propriations Act, 2020 (Public Law 116–93; 133
concerns. of the Small Business Act (15 U.S.C. Stat. 2475) shall not apply.
(2) EXCLUSION OF NONPROFITS RECEIVING 636(a)(18)(A)), collect no fee or reduce fees to (i) EXPRESS LOANS.—
MEDICAID EXPENDITURES.—Paragraph (1) shall the maximum extent possible. (1) IN GENERAL.—Section 7(a)(31)(D) of the
not apply to a nonprofit entity eligible for (f) GUARANTEE AMOUNT FOR 7(A) LOANS.— Small Business Act (15 U.S.C. 636(a)(31)(D)) is
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S1836 CONGRESSIONAL RECORD — SENATE March 19, 2020
amended by striking ‘‘$350,000’’ and inserting parties, between the association formed (ii) the challenges faced by owners of cov-
‘‘$1,000,000’’. under section 21(a)(3)(A) of the Small Busi- ered small business concerns in accessing
(2) PROSPECTIVE REPEAL.—Effective on Jan- ness Act (15 U.S.C. 648(a)(3)(A)) and the Ad- services provided by the Administration and
uary 1, 2021, section 7(a)(31)(D) of the Small ministration. resource partners;
Business Act (15 U.S.C. 636(a)(31)(D)) is (B) WOMEN’S BUSINESS CENTERS.—The Ad- (iii) the number of unique covered small
amended by striking ‘‘$1,000,000’’ and insert- ministration shall award 20 percent of funds business concerns that were served by the
ing ‘‘$350,000’’. authorized to carry out this subsection to Administration and resource partners; and
SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. women’s business centers, which shall be (iv) other relevant outcome performance
(a) DEFINITIONS.—In this section— awarded pursuant to a process established by data with respect to covered small business
(1) the term ‘‘covered small business con- the Administration in consultation with re- concerns, including the number of employees
cern’’ means a small business concern that is cipients of assistance. affected, the effect on sales, the disruptions
located in an area that is substantially af- (C) NO MATCHING FUNDS REQUIRED.—Match- of supply chains, and the efforts made by the
fected by the COVID–19; ing funds shall not be required for any grant Administration and resource partners to
(2) the term ‘‘resource partner’’ means— under this subsection. mitigate these effects; and
(A) a small business development center; (4) GOALS AND METRICS.— (B) with respect to the grant program
and (A) IN GENERAL.—Goals and metrics for the under subsection (c)—
(B) a women’s business center; funds made available under this subsection (i) the efforts of the Administrator and the
(3) the term ‘‘small business development shall be jointly developed, negotiated, and association or associations to develop and
center’’ has the meaning given the term in agreed upon, with full participation of both evolve an online resource for small business
section 3 of the Small Business Act (15 U.S.C. parties, between the resource partners and concerns; and
632); the Administrator, which shall— (ii) the efforts of the Administrator and
(4) the term ‘‘substantially affected by (i) take into consideration the extent of the association or associations to develop a
COVID–19’’ means, with respect to a covered the circumstances relating to the spread of training program for resource partner coun-
small business concern, that the covered COVID–19, or similar occurrences, that affect selors, including the number of counselors
small business concern has experienced— covered small business concerns located in trained.
(A) supply chain disruptions, including the areas covered by the resource partner, SEC. 1104. WAIVER OF MATCHING FUNDS RE-
changes in— particularly in rural areas or economically QUIREMENT UNDER THE WOMEN’S
distressed areas; BUSINESS CENTER PROGRAM.
(i) quantity and lead time, including the
number of shipments of components and (ii) generally follow the use of funds out- During the 3-month period beginning on
delays in shipments; lined in paragraph (2), but shall not restrict the date of enactment of this Act, the re-
(ii) quality, including shortages in supply the activities of resource partners in re- quirement relating to obtaining cash con-
for quality control reasons; and sponding to unique situations; and tributions from non-Federal sources under
(iii) technology, including a compromised (iii) encourage resource partners to de- section 29(c)(1) of the Small Business Act (15
payment network; velop and provide services to covered small U.S.C. 656(c)(1)) is waived for any recipient of
(B) staffing challenges; business concerns. assistance under such section 29.
(C) a decrease in sales or customers; or (B) PUBLIC AVAILABILITY.—The Adminis- SEC. 1105. LOAN FORGIVENESS.
(D) shuttered businesses; and trator shall make publicly available the (a) DEFINITIONS.—In this section—
(5) the term ‘‘women’s business center’’ methodology by which the Administrator (1) the term ‘‘covered 7(a) loan’’ means a
means a women’s business center described and resource partners jointly develop the loan guaranteed under section 7(a) of the
in section 29 of the Small Business Act (15 metrics and goals described in subparagraph Small Business Act (15 U.S.C. 636(a)) that is
U.S.C. 656). (A). made during the covered period;
(b) EDUCATION, TRAINING, AND ADVISING (c) RESOURCE PARTNER ASSOCIATION (2) the term ‘‘covered period’’ means the
GRANTS.— GRANTS.— period beginning on March 1, 2020 and ending
(1) IN GENERAL.—The Administration may (1) IN GENERAL.—The Administrator may on June 30, 2020;
provide financial assistance in the form of provide grants to an association or associa- (3) the term ‘‘eligible recipient’’ means the
grants to resource partners to provide edu- tions representing resource partners to es- recipient of a covered 7(a) loan; and
cation, training, and advising to covered tablish a centralized hub for COVID–19 infor- (4) the term ‘‘payroll costs’’ shall not in-
small business concerns. mation, which shall include— clude—
(2) USE OF FUNDS.—Grants under this sub- (A) an online platform that consolidates (A) the compensation of an individual em-
section shall be used for the education, resources and information available across ployee in excess of $33,333 during the covered
training, and advising of covered small busi- multiple Federal agencies for small business period;
ness concerns and their employees on— concerns related to COVID–19; and (B) qualified sick leave wages for which a
(A) accessing and applying for resources (B) a training program to educate resource credit is allowed under section 7001 of the
provided by the Administration and other partner counselors on the resources and in- Families First Coronavirus Response Act; or
Federal resources relating to access to cap- formation described in subparagraph (A). (C) qualified family leave wages for which
ital and business resiliency; (2) GOALS AND METRICS.—Goals and metrics a credit is allowed under section 7003 of the
(B) the hazards and prevention of the for the funds made available under this sub- Families First Coronavirus Response Act.
transmission and communication of COVID– section shall be jointly developed, nego- (b) FORGIVENESS.—An eligible recipient
19 and other communicable diseases; tiated, and agreed upon, with full participa- shall be eligible for forgiveness of indebted-
(C) the potential effects of COVID–19 on tion of both parties, between the association ness on a covered 7(a) loan in an amount
the supply chains, distribution, and sale of or associations receiving a grant under this equal to the cost of maintaining payroll con-
products of covered small business concerns subsection and the Administrator. tinuity during the covered period.
and the mitigation of those effects; (d) REPORT.—Not later than 6 months after (c) TREATMENT OF AMOUNTS FORGIVEN.—
(D) the management and practice of the date of enactment of this Act, and annu- (1) IN GENERAL.—Amounts which have been
telework to reduce possible transmission of ally thereafter, the Administrator shall sub- forgiven under this section shall be consid-
COVID–19; mit to the Committee on Small Business and ered canceled indebtedness by lenders au-
(E) the management and practice of re- Entrepreneurship of the Senate and the Com- thorized under section 7(a) of the Small Busi-
mote customer service by electronic or other mittee on Small Business of the House of ness Act (15 U.S.C. 636(a)).
means; Representatives a report— (2) FOR PURPOSES OF REDEMPTION OF GUAR-
(F) the risks of and mitigation of cyber (1) that describes, with respect to the ini- ANTEES.—For purposes of the redemption of a
threats in remote customer service or tial year covered by the report— guarantee by the lender for a covered 7(a)
telework practices; (A) the programs and services developed loan, amounts which are forgiven under this
(G) the mitigation of the effects of reduced and provided by the Administration and re- section shall be treated as a default, in ac-
travel or outside activities on covered small source partners under subsection (b); cordance with the procedures that are other-
business concerns during COVID–19 or simi- (B) the initial efforts to provide those serv- wise applicable to a default on a loan guar-
lar occurrences; and ices under subsection (b); and anteed under section 7(a) of the Small Busi-
(H) any other relevant business practices (C) the online platform and training devel- ness Act (15 U.S.C. 636(a)).
necessary to mitigate the economic effects oped and provided by the Administration and (d) LIMITS ON AMOUNT OF FORGIVENESS.—
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of COVID–19 or similar occurrences. the association or associations under sub- (1) IN GENERAL.—The amount of loan for-
(3) GRANT DETERMINATION.— section (c); and giveness under this section for an eligible re-
(A) SMALL BUSINESS DEVELOPMENT CEN- (2) that describes, with respect to the sub- cipient shall not exceed the sum of—
TERS.—The Administration shall award 80 sequent years covered by the report— (A) the total payroll costs incurred by the
percent of funds authorized to carry out this (A) with respect to the grant program eligible recipient during the covered period;
subsection to small business development under subsection (b)— and
centers, which shall be awarded pursuant to (i) the efforts of the Administrator and re- (B) the amount of payments made during
a formula jointly developed, negotiated, and source partners to develop services to assist the covered period on debt obligations that
agreed upon, with full participation of both covered small business concerns; were incurred before the covered period.
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1837
(2) REDUCTION BASED ON REDUCTION IN NUM- (j) RULE OF CONSTRUCTION.—The cancella- (2) USE OF FUNDS.—Grants under this sec-
BER OF EMPLOYEES.— tion of indebtedness on a covered 7(a) loan tion shall be used for the education, train-
(A) IN GENERAL.—The amount of loan for- under this section shall not otherwise mod- ing, and advising of covered small business
giveness under this section shall be reduced ify the terms and conditions of the covered concerns and their employees on—
by the percentage equal to the difference ob- 7(a) loan. (A) accessing and applying for resources
tained by subtracting— (k) REGULATIONS.—Not later than 30 days provided by the Agency and other Federal re-
(i) the quotient obtained by dividing— after the date of enactment of this Act, the sources relating to access to capital and
(I) the average number of full-time equiva- Administrator shall issue guidance and regu- business resiliency;
lent employees per month employed by the lations implementing this section. (B) the hazards and prevention of the
eligible recipient during the covered period; SEC. 1106. DIRECT APPROPRIATIONS. transmission and communication of COVID–
by (a) IN GENERAL.—There is appropriated, 19 and other communicable diseases;
(II)(aa) the average number of full time out of amounts in the Treasury not other- (C) the potential effects of COVID–19 on
equivalent employees per month employed wise appropriated, for the fiscal year ending the supply chains, distribution, and sale of
by the eligible recipient during the period September 30, 2020, to remain available until products of covered small business concerns
beginning on March 1, 2019 and ending on September 30, 2021, for additional amounts— and the mitigation of those effects;
June 30, 2019; or (1) $299,400,000,000 under the heading (D) the management and practice of
(bb) in the case of an eligible recipient that ‘‘Small Business Administration—Business telework to reduce possible transmission of
is seasonal employer, as determined by the Loans Program Account’’ for the cost of COVID–19;
Administrator, the average number of full- guaranteed loans as authorized under section (E) the management and practice of re-
time equivalent employees per month em- 7(a) of the Small Business Act (15 U.S.C. mote customer service by electronic or other
ployed by the eligible recipient during the 636(a)); means;
period beginning on March 1, 2019 and ending (2) $300,000,000 under the heading ‘‘Small (F) the risks of and mitigation of cyber
on June 30, 2019; from Business Administration—Salaries and Ex- threats in remote customer service or
(ii) 1. penses’’ for salaries and expenses of the Ad- telework practices;
(B) CALCULATION OF AVERAGE NUMBER OF ministration; (G) the mitigation of the effects of reduced
EMPLOYEES.—The average number of full- (3) $25,000,000 under the heading ‘‘Small travel or outside activities on covered small
time equivalent employees shall be deter- Business Administration—Office of Inspector business concerns during COVID–19 or simi-
mined by calculating the average number of General’’ for necessary expenses of the Office lar occurrences; and
employees for each pay period falling within of Inspector General of the Administration (H) any other relevant business practices
a month. in carrying out the provisions of the Inspec- necessary to mitigate the economic effects
(3) REDUCTION RELATING TO COMPENSA- tor General Act of 1978 (5 U.S.C. App.); of COVID–19 or similar occurrences.
TION.—The amount of loan forgiveness under (4) $265,000,000 under the heading ‘‘Small (3) NO MATCHING FUNDS REQUIRED.—Match-
this section shall also be reduced by the Business Administration—Entrepreneurial ing funds shall not be required for any grant
amount of any reduction in excess of 25 per- Development Programs’’, of which— under this section.
cent of compensation in the most recent full (A) $240,000,000 shall be for carrying section (4) GOALS AND METRICS.—
quarter in which the employee was paid in 1103(b) of this Act; and (A) IN GENERAL.—Goals and metrics for the
compensation during the covered period of (B) $25,000,000 shall be for carrying out sec- funds made available under this section shall
any employee who was compensated— tion 1103(c) of this Act; and be jointly developed, negotiated, and agreed
(A) in an amount less than $33,333 during (5) $10,000,000 under the heading ‘‘Depart- upon, with full participation of both parties,
the period beginning on March 1, 2019 and ment of Commerce—Minority Business De- between the minority business centers and
ending on June 30, 2019; or velopment Agency’’ for minority business the Agency, which shall—
(B) not more than $100,000 on annualized centers of the Minority Business Develop- (i) take into consideration the extent of
basis during 2019. ment Agency to provide technical assistance the circumstances relating to the spread of
(4) EXCEPTION FOR TIPPED WORKERS.—An el- to small business concerns. COVID–19, or similar occurrences, that affect
igible recipient with tipped employees de- (b) REPORTS.—Not later than 180 days after
scribed in section 3(m)(2)(A) of the Fair covered small business concerns located in
the date of enactment of this Act, the Ad-
Labor Standards Act of 1938 (29 U.S.C. the areas covered by the minority business
ministrator shall submit to the Committee
203(m)(2)(A)) may receive forgiveness for ad- centers, particularly in rural areas or eco-
on Appropriations of the Senate and the
ditional wages paid to those employees. nomically distressed areas;
Committee on Appropriations of the House
(e) APPLICATION.—An eligible recipient (ii) generally follow the use of funds out-
of Representatives a detailed expenditure
seeking loan forgiveness under this section lined in paragraph (2), but shall not restrict
plan for using the amounts appropriated
shall submit to the lender that originated under subsection (a). the activities of minority business centers in
the covered 7(a) loan an application, which responding to unique situations; and
SEC. 1107. MINORITY BUSINESS DEVELOPMENT
shall include documentation verifying the AGENCY. (iii) encourage minority business centers
number of full-time equivalent employees on (a) DEFINITIONS.—In this section— to develop and provide services to covered
payroll and pay rates for the periods de- (1) the term ‘‘Agency’’ means the Minority small business concerns.
scribed in subsection (d), including— Business Development Agency of the Depart- (B) PUBLIC AVAILABILITY.—The Agency
(1) payroll tax filings reported to the Inter- ment of Commerce; shall make publicly available the method-
nal Revenue Service; (2) the term ‘‘covered small business con- ology by which the Agency and minority
(2) State income, payroll, and unemploy- cern’’ means a small business concern (as de- business centers jointly develop the metrics
ment insurance filings; fined in section 3 of the Small Business Act and goals described in subparagraph (A).
(3) financial statements verifying payment (15 U.S.C. 632) that is located in an area that (5) AUTHORIZATION OF APPROPRIATIONS.—
on debt obligations incurred before the cov- is substantially affected by the COVID–19; There is authorized to be appropriated
ered period; and (3) the term ‘‘minority business center’’ $10,000,000 to carry out this section, to re-
(4) any other documentation the Adminis- means a Business Center of the Agency; and main available until expended.
trator determines necessary. (4) the term ‘‘substantially affected by SEC. 1108. WAIVER OF PREPAYMENT PENALTY.
(f) CERTIFICATION.—An eligible recipient re- COVID–19’’ means, with respect to a covered Notwithstanding any other provision of
ceiving loan forgiveness under this section small business concern, that the covered law, for a loan made under the authority
shall make a good faith certification that small business concern has experienced— under this division or an amendment made
the uncertainty of current economic condi- (A) supply chain disruptions, including by this division, there shall be no prepay-
tions justifies the loan request to support ment penalty for any payment on the loan
changes in—
the ongoing operations of the borrower, and made on or before December 31, 2020.
(i) quantity and lead time, including the
acknowledges that funds will be used to re- SEC. 1109. UNITED STATES TREASURY PROGRAM
number of shipments of components and
tain workers and maintain payroll. MANAGEMENT AUTHORITY.
(g) PROHIBITION ON FORGIVENESS WITHOUT delays in shipments;
(ii) quality, including shortages in supply (a) AUTHORITY TO INCLUDE ADDITIONAL FI-
DOCUMENTATION.—No eligible recipient shall
for quality control reasons; and NANCIAL INSTITUTIONS.—The Department of
receive forgiveness under this section with-
out submitting to the lender that originated (iii) technology, including a compromised the Treasury, in consultation with the Ad-
the covered 7(a) loan the documentation re- payment network; ministration and the other Federal financial
quired under subsection (e). (B) staffing challenges; regulatory agencies (as defined in section
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(h) DECISION.—Not later than 15 days after (C) a decrease in sales or customers; or 313(r) of title 31, United States Code), shall
the date on which a lender receives an appli- (D) shuttered businesses. establish criteria for insured depository in-
cation for loan forgiveness under this section (b) EDUCATION, TRAINING, AND ADVISING stitutions (as defined in section 3 of the Fed-
from an eligible recipient, the lender shall GRANTS.— eral Deposit Insurance Act (12 U.S.C. 1813))
issue a decision on the an application. (1) IN GENERAL.—The Agency may provide and other specialized lenders, that do not al-
(i) TAXABILITY.—Canceled indebtedness financial assistance in the form of grants to ready participate in lending under programs
under this section shall be excluded from minority business centers to provide edu- of the Administration, to participate in a
gross income for purposes of the Internal cation, training, and advising to covered small business interruption loans program to
Revenue Code of 1986. small business concerns. provide loans under section 7(a) of the Small
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S1838 CONGRESSIONAL RECORD — SENATE March 19, 2020
Business Act (15 U.S.C. 636(a)) in accordance by subsection (a) (determined without regard ‘‘(4) NO INTEREST.—No interest shall be al-
with this section until the date on which the to this subsection and subsection (f)) shall be lowed on any overpayment attributable to
national emergency declared by the Presi- reduced (but not below zero) by 5 percent of this section.
dent under the National Emergencies Act (50 so much of the taxpayer’s adjusted gross in- ‘‘(5) ALTERNATE TAXABLE YEAR.—In the
U.S.C. 1601 et seq.) with respect to the come as exceeds $75,000 ($150,000 in the case case of an individual who, at the time of any
Coronavirus Disease 2019 (COVID–19) expires. of a joint return). determination made pursuant to paragraph
(b) CRITERIA.—Due to exigent cir- ‘‘(e) DEFINITIONS.—For purposes of this sec- (3), has not filed a tax return for the year de-
cumstances, the eligibility criteria that tion— scribed in paragraph (1), the Secretary may
would otherwise be applicable a loan made ‘‘(1) QUALIFYING INCOME.—The term ‘quali- apply such paragraph by substituting ‘2019’
under section 7(a) of the Small Business Act fying income’ means— for ‘2018’.
(15 U.S.C. 636(a)) shall not apply to a loan ‘‘(A) earned income, ‘‘(h) IDENTIFICATION NUMBER REQUIRE-
made under this section. ‘‘(B) social security benefits (within the MENT.—
(c) SAFETY AND SOUNDNESS.—An insured meaning of section 86(d)), and ‘‘(1) IN GENERAL.—No credit shall be al-
depository institution (as defined in section ‘‘(C) any compensation or pension received lowed under subsection (a) to an eligible in-
3 of the Federal Deposit Insurance Act (12 under chapter 11, chapter 13, or chapter 15 of dividual who does not include on the return
U.S.C. 1813)) or other specialized lender may title 38, United States Code. of tax for the taxable year—
only participate in the program established ‘‘(2) NET INCOME TAX LIABILITY.—The term ‘‘(A) such individual’s valid identification
under this section if participation does not ‘net income tax liability’ means the excess number,
affect the safety and soundness of the insti- of— ‘‘(B) in the case of a joint return, the valid
tution or lender. ‘‘(A) the sum of the taxpayer’s regular tax identification number of such individual’s
(d) ADDITIONAL REGULATIONS.—The Sec- liability (within the meaning of section spouse, and
retary of the Treasury, in consultation with ‘‘(C) in the case of any qualifying child
26(b)) and the tax imposed by section 55 for
the Administrator, shall issue regulations taken into account under subsection
the taxable year, over
and guidance in order to direct additional (b)(1)(B), the valid identification number of
‘‘(B) the credits allowed by part IV (other
lenders under this section and establish addi- such qualifying child.
than section 24 and subpart C thereof) of sub-
tional terms that set out compensation, un- ‘‘(2) VALID IDENTIFICATION NUMBER.—
chapter A of chapter 1.
derwriting standards, interest rates, matu- ‘‘(A) IN GENERAL.—For purposes of para-
‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligi-
rity, and other relevant terms and condi- graph (1), the term ‘valid identification num-
ble individual’ means any individual other
tions. ber’ means a social security number (as such
than—
(e) PROGRAM ADMINISTRATION.—Under the term is defined in section 24(h)(7)).
‘‘(A) any nonresident alien individual,
infrastructure of the Department of the ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION
‘‘(B) any individual with respect to whom a
Treasury and with guidance from the Sec- NUMBER.—For purposes of paragraph (1)(C),
deduction under section 151 is allowable to
retary of the Treasury, the Administration in the case of a qualifying child who is
another taxpayer for a taxable year begin-
shall administer the program established adopted, the term ‘valid identification num-
ning in the calendar year in which the indi-
under this section until the date on which ber’ shall include the adoption taxpayer
vidual’s taxable year begins, and
the national emergency declared by the identification number of such child.
‘‘(C) an estate or trust. ‘‘(i) REGULATIONS.—The Secretary shall
President under the National Emergencies ‘‘(4) EARNED INCOME.—The term ‘earned in-
Act (50 U.S.C. 1601 et seq.) with respect to prescribe such regulations or other guidance
come’ has the meaning set forth in section as may be necessary to carry out the pur-
the Coronavirus Disease 2019 (COVID–19) ex- 32(c)(2) except that such term shall not in-
pires. poses of this section.’’.
clude net earnings from self-employment (b) ADMINISTRATIVE AMENDMENTS.—
DIVISION B—RELIEF FOR INDIVIDUALS, which are not taken into account in com- (1) DEFINITION OF DEFICIENCY.—Section
FAMILIES, AND BUSINESSES puting taxable income. 6211(b)(4)(A) of the Internal Revenue Code of
TITLE I—REBATES AND OTHER ‘‘(5) BASIC STANDARD DEDUCTION.—The term 1986 is amended by striking ‘‘and 36B,
INDIVIDUAL PROVISIONS ‘basic standard deduction’ shall have the 168(k)(4)’’ and inserting ‘‘36B, and 6428’’.
SEC. 2101. 2020 RECOVERY REBATES FOR INDI- same meaning as when used in section 63 (as (2) MATHEMATICAL OR CLERICAL ERROR AU-
VIDUALS. modified by subsection (c)(7) of such sec- THORITY.—Section 6213(g)(2)(L) of such Code
(a) IN GENERAL.—Subchapter B of chapter tion). is amended by striking ‘‘or 32’’ and inserting
65 of subtitle F of the Internal Revenue Code ‘‘(f) COORDINATION WITH ADVANCE REFUNDS ‘‘32, or 6428’’.
of 1986 is amended by inserting after section OF CREDIT.— (c) TREATMENT OF POSSESSIONS.—
6427 the following new section: ‘‘(1) IN GENERAL.—The amount of credit (1) PAYMENTS TO POSSESSIONS.—
‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDI- which would (but for this paragraph) be al- (A) MIRROR CODE POSSESSION.—The Sec-
VIDUALS. lowable under this section shall be reduced retary of the Treasury shall pay to each pos-
‘‘(a) IN GENERAL.—In the case of an eligible (but not below zero) by the aggregate refunds session of the United States which has a mir-
individual, there shall be allowed as a credit and credits made or allowed to the taxpayer ror code tax system amounts equal to the
against the tax imposed by subtitle A for the under subsection (g). Any failure to so re- loss (if any) to that possession by reason of
first taxable year beginning in 2020 an duce the credit shall be treated as arising the amendments made by this section. Such
amount equal to the lesser of— out of a mathematical or clerical error and amounts shall be determined by the Sec-
‘‘(1) net income tax liability, or assessed according to section 6213(b)(1). retary of the Treasury based on information
‘‘(2) $1,200 ($2,400 in the case of a joint re- ‘‘(2) JOINT RETURNS.—In the case of a re- provided by the government of the respective
turn). fund or credit made or allowed under sub- possession.
‘‘(b) SPECIAL RULES.— section (g) with respect to a joint return, (B) OTHER POSSESSIONS.—The Secretary of
‘‘(1) IN GENERAL.—In the case of a taxpayer half of such refund or credit shall be treated the Treasury shall pay to each possession of
described in paragraph (2)— as having been made or allowed to each indi- the United States which does not have a mir-
‘‘(A) the amount determined under sub- vidual filing such return. ror code tax system amounts estimated by
section (a) shall not be less than $600 ($1,200 ‘‘(g) ADVANCE REFUNDS AND CREDITS.— the Secretary of the Treasury as being equal
in the case of a joint return), and ‘‘(1) IN GENERAL.—Subject to paragraph (5), to the aggregate benefits (if any) that would
‘‘(B) the amount determined under sub- each individual who was an eligible indi- have been provided to residents of such pos-
section (a) (after the application of subpara- vidual for such individual’s first taxable year session by reason of the amendments made
graph (A)) shall be increased by the product beginning in 2018 shall be treated as having by this section if a mirror code tax system
of $500 multiplied by the number of quali- made a payment against the tax imposed by had been in effect in such possession. The
fying children (within the meaning of sec- chapter 1 for such first taxable year in an preceding sentence shall not apply unless the
tion 24(c)) of the taxpayer. amount equal to the advance refund amount respective possession has a plan, which has
‘‘(2) TAXPAYER DESCRIBED.—A taxpayer is for such taxable year. been approved by the Secretary of the Treas-
described in this paragraph if the taxpayer— ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- ury, under which such possession will
‘‘(A) has qualifying income of at least poses of paragraph (1), the advance refund promptly distribute such payments to its
$2,500, or amount is the amount that would have been residents.
‘‘(B) has— allowed as a credit under this section for (2) COORDINATION WITH CREDIT ALLOWED
‘‘(i) net income tax liability which is great- such first taxable year if this section (other AGAINST UNITED STATES INCOME TAXES.—No
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er than zero, and than subsection (f) and this subsection) had credit shall be allowed against United States
‘‘(ii) gross income which is greater than applied to such taxable year. income taxes under section 6428 of the Inter-
the basic standard deduction. ‘‘(3) TIMING OF PAYMENTS.—The Secretary nal Revenue Code of 1986 (as added by this
‘‘(c) TREATMENT OF CREDIT.—The credit al- shall, subject to the provisions of this title, section) to any person—
lowed by subsection (a) shall be treated as refund or credit any overpayment attrib- (A) to whom a credit is allowed against
allowed by subpart C of part IV of sub- utable to this section as rapidly as possible. taxes imposed by the possession by reason of
chapter A of chapter 1. No refund or credit shall be made or allowed the amendments made by this section, or
‘‘(d) LIMITATION BASED ON ADJUSTED GROSS under this subsection after December 31, (B) who is eligible for a payment under a
INCOME.—The amount of the credit allowed 2020. plan described in paragraph (1)(B).
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1839
(3) DEFINITIONS AND SPECIAL RULES.— section 6151(a) of the Internal Revenue Code fined in section 402(c)(4) of such Code) and as
(A) POSSESSION OF THE UNITED STATES.—For of 1986, section 6072(a) of such Code shall be having transferred the amount to the eligi-
purposes of this subsection, the term ‘‘pos- applied— ble retirement plan in a direct trustee to
session of the United States’’ includes the (A) by substituting ‘‘July’’ for ‘‘April’’, and trustee transfer within 60 days of the dis-
Commonwealth of Puerto Rico and the Com- (B) by substituting ‘‘the seventh month’’ tribution.
monwealth of the Northern Mariana Islands. for ‘‘the fourth month’’. (C) TREATMENT OF REPAYMENTS OF DIS-
(B) MIRROR CODE TAX SYSTEM.—For pur- (2) EFFECTIVE DATE.—Paragraph (1) shall TRIBUTIONS FROM IRAS.—For purposes of the
poses of this subsection, the term ‘‘mirror apply to all returns required to be filed for Internal Revenue Code of 1986, if a contribu-
code tax system’’ means, with respect to any taxable year 2019. tion is made pursuant to subparagraph (A)
possession of the United States, the income (b) ESTIMATED TAX PAYMENTS FOR INDIVID- with respect to a coronavirus-related dis-
tax system of such possession if the income UALS.— tribution from an individual retirement plan
tax liability of the residents of such posses- (1) IN GENERAL.—In the case of an indi- (as defined by section 7701(a)(37) of such
sion under such system is determined by ref- vidual, the due date for any required install- Code), then, to the extent of the amount of
erence to the income tax laws of the United ment under section 6654 of the Internal Rev- the contribution, the coronavirus-related
States as if such possession were the United enue Code of 1986 which (but for the applica- distribution shall be treated as a distribu-
States. tion of this section) would be due during the tion described in section 408(d)(3) of such
(C) TREATMENT OF PAYMENTS.—For pur- applicable period shall not be due before Oc- Code and as having been transferred to the
poses of section 1324 of title 31, United States tober 15, 2020, and all such installments shall eligible retirement plan in a direct trustee
Code, the payments under this section shall be treated as one installment due on such to trustee transfer within 60 days of the dis-
be treated in the same manner as a refund date. The Secretary of the Treasury (or the tribution.
due from a credit provision referred to in Secretary’s delegate) shall prescribe such (4) DEFINITIONS.—For purposes of this sub-
subsection (b)(2) of such section. regulations or other guidance as may be nec- section—
(d) EXCEPTION FROM TREASURY OFFSET essary to carry out the purposes of this sub- (A) CORONAVIRUS-RELATED DISTRIBUTION.—
PROGRAM.—Any credit or refund allowed or section. Except as provided in paragraph (2), the term
made to any individual by reason of section (2) APPLICABLE PERIOD.—For purposes of ‘‘coronavirus-related distribution’’ means
6428 of the Internal Revenue Code of 1986 (as this subsection, the applicable period is the any distribution from an eligible retirement
added by this section) or by reason of sub- period beginning on the date of the enact- plan made—
section (c) of this section shall not be subject ment of this Act and ending before October
(i) on or after the date of the enactment of
to reduction or offset pursuant to— 15, 2020.
this Act and before December 31, 2020,
SEC. 2103. SPECIAL RULES FOR USE OF RETIRE-
(1) section 3716 or 3720A of title 31, United (ii) to an individual—
MENT FUNDS.
States Code, or (I) who is diagnosed with the virus SARS-
(a) TAX-FAVORED WITHDRAWALS FROM RE-
(2) subsection (d), (e), or (f) of section 6402 CoV-2 or with coronavirus disease 2019
TIREMENT PLANS.—
of the Internal Revenue Code of 1986. (COVID-19) by a test approved by the Centers
(1) IN GENERAL.—Section 72(t) of the Inter-
(e) APPROPRIATIONS TO CARRY OUT RE- for Disease Control and Prevention,
nal Revenue Code of 1986 shall not apply to
BATES.— (II) whose spouse or dependent (as defined
any coronavirus-related distribution.
(1) IN GENERAL.—Immediately upon the en- in section 152 of the Internal Revenue Code
(2) AGGREGATE DOLLAR LIMITATION.—
actment of this Act, the following sums are of 1986) is diagnosed with such virus or dis-
(A) IN GENERAL.—For purposes of this sub-
appropriated, out of any money in the Treas- ease by such a test, or
section, the aggregate amount of distribu-
ury not otherwise appropriated, for the fiscal (III) who experiences adverse financial con-
tions received by an individual which may be
year ending September 30, 2020: treated as coronavirus-related distributions sequences as a result of being quarantined,
(A) DEPARTMENT OF THE TREASURY.— for any taxable year shall not exceed being furloughed or laid off or having work
(i) For an additional amount for ‘‘Depart- $100,000. hours reduced due to such virus or disease,
ment of the Treasury—Bureau of the Fiscal (B) TREATMENT OF PLAN DISTRIBUTIONS.—If being unable to work due to lack of child
Service—Salaries and Expenses’’, $78,650,000, a distribution to an individual would (with- care due to such virus or disease, closing or
to remain available until September 30, 2021. out regard to subparagraph (A)) be a reducing hours of a business owned or oper-
(ii) For an additional amount for ‘‘Depart- coronavirus-related distribution, a plan shall ated by the individual due to such virus or
ment of the Treasury—Internal Revenue not be treated as violating any requirement disease, or other factors as determined by
Service—Taxpayer Services’’, $70,200,000, to of the Internal Revenue Code of 1986 merely the Secretary of the Treasury (or the Sec-
remain available until September 30, 2021. because the plan treats such distribution as retary’s delegate).
(iii) For an additional amount for ‘‘Depart- a coronavirus-related distribution, unless (B) ELIGIBLE RETIREMENT PLAN.—The term
ment of the Treasury—Internal Revenue the aggregate amount of such distributions ‘‘eligible retirement plan’’ has the meaning
Service—Operations Support’’, $209,600,000, from all plans maintained by the employer given such term by section 402(c)(8)(B) of the
to remain available until September 30, 2021. (and any member of any controlled group Internal Revenue Code of 1986.
(B) SOCIAL SECURITY ADMINISTRATION.—For which includes the employer) to such indi- (5) INCOME INCLUSION SPREAD OVER 3-YEAR
an additional amount for ‘‘Social Security vidual exceeds $100,000. PERIOD.—
Administration—Limitation on Administra- (C) CONTROLLED GROUP.—For purposes of (A) IN GENERAL.—In the case of any
tive Expenses’’, $38,000,000, to remain avail- subparagraph (B), the term ‘‘controlled coronavirus-related distribution, unless the
able until September 30, 2020. group’’ means any group treated as a single taxpayer elects not to have this paragraph
(2) REPORTS.—No later than 15 days after employer under subsection (b), (c), (m), or (o) apply for any taxable year, any amount re-
enactment of this Act, the Secretary of the of section 414 of the Internal Revenue Code quired to be included in gross income for
Treasury shall submit a plan to the Commit- of 1986. such taxable year shall be so included rat-
tees on Appropriations of the House of Rep- (3) AMOUNT DISTRIBUTED MAY BE REPAID.— ably over the 3-taxable-year period begin-
resentatives and the Senate detailing the ex- (A) IN GENERAL.—Any individual who re- ning with such taxable year.
pected use of the funds provided by para- ceives a coronavirus-related distribution (B) SPECIAL RULE.—For purposes of sub-
graph (1)(A). Beginning 90 days after enact- may, at any time during the 3-year period paragraph (A), rules similar to the rules of
ment of this Act, the Secretary of the Treas- beginning on the day after the date on which subparagraph (E) of section 408A(d)(3) of the
ury shall submit a quarterly report to the such distribution was received, make 1 or Internal Revenue Code of 1986 shall apply.
Committees on Appropriations of the House more contributions in an aggregate amount (6) SPECIAL RULES.—
of Representatives and the Senate detailing not to exceed the amount of such distribu- (A) EXEMPTION OF DISTRIBUTIONS FROM
the actual expenditure of funds provided by tion to an eligible retirement plan of which TRUSTEE TO TRUSTEE TRANSFER AND WITH-
paragraph (1)(A) and the expected expendi- such individual is a beneficiary and to which HOLDING RULES.—For purposes of sections
ture of such funds in the subsequent quarter. a rollover contribution of such distribution 401(a)(31), 402(f), and 3405 of the Internal Rev-
(f) CONFORMING AMENDMENTS.— could be made under section 402(c), 403(a)(4), enue Code of 1986, coronavirus-related dis-
(1) Paragraph (2) of section 1324(b) of title 403(b)(8), 408(d)(3), or 457(e)(16), of the Inter- tributions shall not be treated as eligible
31, United States Code, is amended by insert- nal Revenue Code of 1986, as the case may be. rollover distributions.
ing ‘‘6428,’’ after ‘‘54B(h),’’. (B) TREATMENT OF REPAYMENTS OF DIS- (B) CORONAVIRUS-RELATED DISTRIBUTIONS
(2) The table of sections for subchapter B TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS TREATED AS MEETING PLAN DISTRIBUTION RE-
of chapter 65 of subtitle F of the Internal OTHER THAN IRAS.—For purposes of the Inter- QUIREMENTS.—For purposes of the Internal
Revenue Code of 1986 is amended by inserting Revenue Code of 1986, a coronavirus-related
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nal Revenue Code of 1986, if a contribution is
after the item relating to section 6427 the made pursuant to subparagraph (A) with re- distribution shall be treated as meeting the
following: spect to a coronavirus-related distribution requirements of sections 401(k)(2)(B)(i),
‘‘Sec. 6428. 2020 Recovery Rebates for indi- from an eligible retirement plan other than 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of
viduals.’’. an individual retirement plan, then the tax- such Code.
SEC. 2102. DELAY OF CERTAIN DEADLINES. payer shall, to the extent of the amount of (b) LOANS FROM QUALIFIED PLANS.—
(a) FILING DEADLINES FOR 2019.— the contribution, be treated as having re- (1) INCREASE IN LIMIT ON LOANS NOT TREAT-
(1) IN GENERAL.—In the case of returns for ceived the coronavirus-related distribution ED AS DISTRIBUTIONS.—In the case of any loan
taxable year 2019, including for purposes of in an eligible rollover distribution (as de- from a qualified employer plan (as defined
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S1840 CONGRESSIONAL RECORD — SENATE March 19, 2020
under section 72(p)(4) of the Internal Rev- (ii) such plan or contract amendment ap- (ii) CARRYOVER.—If the aggregate amount
enue Code of 1986) to a qualified individual plies retroactively for such period. of qualified contributions made in the con-
made during the 180-day period beginning on SEC. 2104. ALLOWANCE OF PARTIAL ABOVE THE tribution year (within the meaning of sec-
the date of the enactment of this Act— LINE DEDUCTION FOR CHARITABLE tion 170(d)(2) of such Code) exceeds the limi-
(A) clause (i) of section 72(p)(2)(A) of such CONTRIBUTIONS. tation of clause (i), such excess shall be ap-
Code shall be applied by substituting (a) IN GENERAL.—Section 62(a) of the Inter- propriately taken into account under section
‘‘$100,000’’ for ‘‘$50,000’’, and nal Revenue Code of 1986 is amended by in- 170(d)(2) subject to the limitations thereof.
(B) clause (ii) of such section shall be ap- serting after paragraph (21) the following (3) QUALIFIED CONTRIBUTIONS.—
plied by substituting ‘‘the present value of new paragraph: (A) IN GENERAL.—For purposes of this sub-
the nonforfeitable accrued benefit of the em- ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the section, the term ‘‘qualified contribution’’
ployee under the plan’’ for ‘‘one-half of the case of taxable years beginning in 2020, the means any charitable contribution (as de-
present value of the nonforfeitable accrued amount (not to exceed $300) of qualified char- fined in section 170(c) of the Internal Rev-
benefit of the employee under the plan’’. itable contributions made by an eligible tax- enue Code of 1986) if—
(2) DELAY OF REPAYMENT.—In the case of a payer during the taxable year .’’. (i) such contribution is paid in cash during
(b) DEFINITIONS.—Section 62 of such Code is
qualified individual with an outstanding loan calendar year 2020 to an organization de-
amended by adding at the end the following
(on or after the date of the enactment of this scribed in section 170(b)(1)(A) of such Code,
new subsection:
Act) from a qualified employer plan (as de- ‘‘(f) DEFINITIONS RELATING TO QUALIFIED and
fined in section 72(p)(4) of the Internal Rev- CHARITABLE CONTRIBUTIONS.—For purposes of (ii) the taxpayer has elected the applica-
enue Code of 1986)— subsection (a)(22)— tion of this section with respect to such con-
(A) if the due date pursuant to subpara- ‘‘(1) ELIGIBLE TAXPAYER.—The term ‘eligi- tribution.
graph (B) or (C) of section 72(p)(2) of such ble taxpayer’ means any individual who does (B) EXCEPTION.—Such term shall not in-
Code for any repayment with respect to such not elect to itemize deductions. clude a contribution by a donor if the con-
loan occurs during the period beginning on ‘‘(2) QUALIFIED CHARITABLE CONTRIBU- tribution is—
the date of the enactment of this Act and TIONS.—The term ‘qualified charitable con- (i) to an organization described in section
ending on December 31, 2020, such due date tribution’ means a charitable contribution 509(a)(3) of the Internal Revenue Code of 1986,
shall be delayed for 1 year (or, if later, until (as defined in section 170(c))— or
the date which is 180 days after the date of ‘‘(A) which is made in cash, (ii) for the establishment of a new, or
the enactment of this Act), ‘‘(B) for which a deduction is allowable maintenance of an existing, donor advised
(B) any subsequent repayments with re- under section 170 (determined without regard fund (as defined in section 4966(d)(2) of such
spect to any such loan shall be appropriately to subsection (b) thereof), and Code).
adjusted to reflect the delay in the due date ‘‘(C) which is— (C) APPLICATION OF ELECTION TO PARTNER-
under subparagraph (A) and any interest ac- ‘‘(i) made to an organization described in SHIPS AND S CORPORATIONS.—In the case of a
cruing during such delay, and section 170(b)(1)(A), and partnership or S corporation, the election
(C) in determining the 5-year period and ‘‘(ii) not— under subparagraph (A)(ii) shall be made sep-
the term of a loan under subparagraph (B) or ‘‘(I) to an organization described in section arately by each partner or shareholder.
(C) of section 72(p)(2) of such Code, the period 509(a)(3), or (b) INCREASE IN LIMITS ON CONTRIBUTIONS
described in subparagraph (A) of this para- ‘‘(II) for the establishment of a new, or OF FOOD INVENTORY.—In the case of any
graph shall be disregarded. maintenance of an existing, donor advised charitable contribution of food during 2020 to
(3) QUALIFIED INDIVIDUAL.—For purposes of fund (as defined in section 4966(d)(2)). which section 170(e)(3)(C) of the Internal
this subsection, the term ‘‘qualified indi- Such term shall not include any amount Revenue Code of 1986 applies, subclauses (I)
vidual’’ means any individual who is de- which is treated as a charitable contribution and (II) of clause (ii) thereof shall each be
scribed in subsection (a)(4)(A)(ii). made in such taxable year under subsection applied by substituting ‘‘25 percent’’ for ‘‘15
(c) PROVISIONS RELATING TO PLAN AMEND- (b)(1)(G) or (d)(1) of section 170.’’. percent.’’
MENTS.— (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—This section shall
(1) IN GENERAL.—If this subsection applies made by this section shall apply to taxable apply to taxable years ending after Decem-
to any amendment to any plan or annuity years beginning after December 31, 2019. ber 31, 2019.
contract, such plan or contract shall be SEC. 2105. MODIFICATION OF LIMITATIONS ON TITLE II—BUSINESS PROVISIONS
CHARITABLE CONTRIBUTIONS DUR-
treated as being operated in accordance with ING 2020. SEC. 2201. DELAY OF ESTIMATED TAX PAYMENTS
the terms of the plan during the period de- FOR CORPORATIONS.
(a) TEMPORARY SUSPENSION OF LIMITATIONS
scribed in paragraph (2)(B)(i). ON CERTAIN CASH CONTRIBUTIONS.—
(a) IN GENERAL.—In the case of a corpora-
(2) AMENDMENTS TO WHICH SUBSECTION AP- (1) IN GENERAL.—Except as otherwise pro- tion, the due date for any required install-
PLIES.— vided in paragraph (2), qualified contribu- ment under section 6655 of the Internal Rev-
(A) IN GENERAL.—This subsection shall tions shall be disregarded in applying sub- enue Code of 1986 which (but for the applica-
apply to any amendment to any plan or an- sections (b) and (d) of section 170 of the In- tion of this section) would be due during the
nuity contract which is made— ternal Revenue Code of 1986. applicable period shall not be due before Oc-
(i) pursuant to any provision of this sec- (2) TREATMENT OF EXCESS CONTRIBUTIONS.— tober 15, 2020, and all such installments shall
tion, or pursuant to any regulation issued by For purposes of section 170 of the Internal be treated as one installment due on such
the Secretary of the Treasury or the Sec- Revenue Code of 1986— date. The Secretary of the Treasury (or the
retary of Labor (or the delegate of either (A) INDIVIDUALS.—In the case of an indi- Secretary’s delegate) shall prescribe such
such Secretary) under any provision of this vidual— regulations or other guidance as may be nec-
section, and (i) LIMITATION.—Any qualified contribution essary to carry out the purposes of this sec-
(ii) on or before the last day of the first shall be allowed as a deduction only to the tion.
plan year beginning on or after January 1, extent that the aggregate of such contribu- (b) APPLICABLE PERIOD.—For purposes of
2020, or such later date as the Secretary of tions does not exceed the excess of the tax- this section, the applicable period is the pe-
the Treasury (or the Secretary’s delegate) payer’s contribution base (as defined in sub- riod beginning on the date of the enactment
may prescribe. paragraph (H) of section 170(b)(1) of such of this Act and ending before October 15,
In the case of a governmental plan (as de- Code) over the amount of all other charitable 2020.
fined in section 414(d) of the Internal Rev- contributions allowed under section 170(b)(1) SEC. 2202. DELAY OF PAYMENT OF EMPLOYER
enue Code of 1986), clause (ii) shall be applied of such Code. PAYROLL TAXES.
by substituting the date which is 2 years (ii) CARRYOVER.—If the aggregate amount (a) IN GENERAL.—
after the date otherwise applied under clause of qualified contributions made in the con- (1) TAXES.—Notwithstanding any other
(ii). tribution year (within the meaning of sec- provision of law, the payment for applicable
(B) CONDITIONS.—This subsection shall not tion 170(d)(1) of such Code) exceeds the limi- employment taxes for the payroll tax defer-
apply to any amendment unless— tation of clause (i), such excess shall be ral period shall not be due before the appli-
(i) during the period— added to the excess described in section cable date.
(I) beginning on the date that this section 170(b)(1)(G)(ii). (2) DEPOSITS.—Notwithstanding section
or the regulation described in subparagraph (B) CORPORATIONS.—In the case of a cor- 6302 of the Internal Revenue Code of 1986, an
(A)(i) takes effect (or in the case of a plan or poration— employer shall be treated as having timely
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contract amendment not required by this (i) LIMITATION.—Any qualified contribution made all deposits of applicable employment
section or such regulation, the effective date shall be allowed as a deduction only to the taxes that are required to be made (without
specified by the plan), and extent that the aggregate of such contribu- regard to this section) for such taxes during
(II) ending on the date described in sub- tions does not exceed the excess of 25 percent the payroll tax deferral period if all such de-
paragraph (A)(ii) (or, if earlier, the date the of the taxpayer’s taxable income (as deter- posits are made not later than the applicable
plan or contract amendment is adopted), mined under paragraph (2) of section 170(b) of date.
the plan or contract is operated as if such such Code) over the amount of all other (3) EXCEPTION.—This subsection shall not
plan or contract amendment were in effect, charitable contributions allowed under such apply to any taxpayer if such taxpayer has
and paragraph. had indebtedness forgiven under section 1105
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1841
of this Act with respect to a loan under sec- ning before January 1, 2018, carried to such (1) Section 13302(e) of Public Law 115–97 is
tion 7(a) of the Small Business Act (15 U.S.C. taxable year, plus amended to read as follows:
636(a)). ‘‘(B) the lesser of— ‘‘(e) EFFECTIVE DATES.—
(b) SECA.— ‘‘(i) the aggregate amount of net operating ‘‘(1) NET OPERATING LOSS LIMITATION.—The
(1) IN GENERAL.—Notwithstanding any losses arising in taxable years beginning amendments made by subsections (a) and
other provision of law, the payment for 50 after December 31, 2017, carried to such tax- (d)(2) shall apply to—
percent of the taxes imposed under section able year, or ‘‘(A) taxable years beginning after Decem-
1401(a) of the Internal Revenue Code of 1986 ‘‘(ii) 80 percent of the excess (if any) of— ber 31, 2017, and
for the payroll tax deferral period shall not ‘‘(I) taxable income computed without re- ‘‘(B) taxable years beginning on or before
be due before the applicable date. gard to the deductions under this section and December 31, 2017, to which net operating
(2) ESTIMATED TAXES.—For purposes of ap- sections 199A and 250, over losses arising in taxable years beginning
plying section 6654 of the Internal Revenue ‘‘(II) the amount determined under sub- after December 31, 2017, are carried.
Code of 1986 to any taxable year which in- paragraph (A).’’. ‘‘(2) CARRYFORWARDS AND CARRYBACKS.—
cludes any part of the payroll tax deferral (2) CONFORMING AMENDMENTS.— The amendments made by subsections (b),
period, 50 percent of the of the taxes imposed (A) Section 172(b)(2)(C) of such Code is (c), and (d)(1) shall apply to net operating
under section 1401(a) of such Code for the amended to read as follows: losses arising in taxable years beginning
payroll tax deferral period shall not be treat- ‘‘(C) for taxable years beginning after De- after December 31, 2017.’’.
ed as taxes to which such section 6654 ap- cember 31, 2020, be reduced by 20 percent of (2) Section 172(b)(1)(A) of the Internal Rev-
plies. the excess (if any) described in subsection enue Code of 1986 is amended to read as fol-
(c) DEFINITIONS.—For purposes of this sec- (a)(2)(B)(ii) for such taxable year.’’. lows:
tion— ‘‘(A) GENERAL RULE.—A net operating loss
(B) Section 172(d)(6)(C) of such Code is
(1) APPLICABLE EMPLOYMENT TAXES.—The for any taxable year—
amended by striking ‘‘subsection (a)(2)’’ and
term ‘‘applicable employment taxes’’ means ‘‘(i) shall be a net operating loss carryback
inserting ‘‘subsection (a)(2)(B)(ii)(I)’’.
the following: to the extent provided in subparagraphs (B)
(C) Section 860E(a)(3)(B) of such Code is
(A) The taxes imposed under section 3111(a) and (C)(i), and
amended by striking all that follows ‘‘for
of the Internal Revenue Code of 1986. ‘‘(ii) except as provided in subparagraph
purposes of’’ and inserting ‘‘subsection
(B) So much of the taxes imposed under (C)(ii), shall be a net operating loss carry-
(a)(2)(B)(ii)(I) and the second sentence of sub-
section 3211(a) of such Code as are attrib- over—
section (b)(2) of section 172.’’.
utable to the rate in effect under section ‘‘(I) in the case of a net operating loss aris-
3111(a) of such Code. (b) MODIFICATION OF RULES RELATING TO
CARRYBACKS.— ing in a taxable year beginning before Janu-
(C) So much of the taxes imposed under ary 1, 2018, to each of the 20 taxable years
section 3221(a) of such Code as are attrib- (1) IN GENERAL.—Section 172(b)(1) of the In-
ternal Revenue Code of 1986 is amended by following the taxable year of the loss, and
utable to the rate in effect under section ‘‘(II) in the case of a net operating loss
3111(a) of such Code. adding at the end the following new subpara-
graph: arising in a taxable year beginning after De-
(2) PAYROLL TAX DEFERRAL PERIOD.—The cember 31, 2017, to each taxable year fol-
term ‘‘payroll tax deferral period’’ means the ‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN
2018, 2019, AND 2020.—
lowing the taxable year of the loss.’’.
period beginning on the date of the enact- (d) EFFECTIVE DATES.—
ment of this Act and ending before January ‘‘(i) IN GENERAL.—In the case of any net op-
(1) NET OPERATING LOSS LIMITATION.—The
1, 2021. erating loss arising in a taxable year begin-
amendments made by subsection (a) shall
(3) APPLICABLE DATE.—The term ‘‘applica- ning after December 31, 2017, and before Jan-
apply—
ble date’’ means— uary 1, 2020—
(A) to taxable years beginning after De-
(A) December 31, 2021, with respect to 50 ‘‘(I) such loss shall be a net operating loss
cember 31, 2017, and
percent of the amounts to which subsection carryback to each of the 5 taxable years pre-
(B) taxable years beginning on or before
(a) or (b), as the case may be, apply, and ceding the taxable year of such loss, and
December 31, 2017, to which net operating
(B) December 31, 2022, with respect to the ‘‘(II) subparagraphs (B) and (C)(i) shall not
losses arising in taxable years beginning
remaining such amounts. apply.
after December 31, 2017, are carried.
(d) TRUST FUNDS HELD HARMLESS.—There ‘‘(ii) SPECIAL RULES FOR REIT’S.—For pur-
(2) CARRYFORWARDS AND CARRYBACKS.—The
are hereby appropriated (out of any money poses of this subparagraph—
amendment made by subsection (b) shall
in the Treasury not otherwise appropriated) ‘‘(I) IN GENERAL.—A net operating loss for
for each fiscal year to the Federal Old-Age apply to net operating losses arising in tax-
a REIT year shall not be a net operating loss
and Survivors Insurance Trust Fund and the able years beginning after December 31, 2017.
carryback to any taxable year preceding the
Federal Disability Insurance Trust Fund es- (3) TECHNICAL AMENDMENTS.—The amend-
taxable year of such loss.
tablished under section 201 of the Social Se- ments made by subsection (c) shall take ef-
‘‘(II) SPECIAL RULE.—In the case of any net
curity Act (42 U.S.C. 401) and the Social Se- fect as if included in the provisions of Public
operating loss for a taxable year which is not
curity Equivalent Benefit Account estab- Law 115–97 to which they relate.
a REIT year, such loss shall not be carried
lished under section 15A(a) of the Railroad (4) SPECIAL RULE.—In the case of a net op-
back to any taxable year which is a REIT
Retirement Act of 1974 (45 U.S.C. 231n–1(a)) erating loss arising in a taxable year begin-
year.
an amount equal to the reduction in the ning before January 1, 2018, and ending after
‘‘(III) REIT YEAR.—For purposes of this
transfers to such fund for such fiscal year by December 31, 2017—
subparagraph, the term ‘REIT year’ means
reason of this section. Amounts appropriated (A) an application under section 6411(a) of
any taxable year for which the provisions of
by the preceding sentence shall be trans- the Internal Revenue Code of 1986 with re-
part II of subchapter M (relating to real es-
ferred from the general fund at such times spect to the carryback of such net operating
tate investment trusts) apply to the tax-
and in such manner as to replicate to the ex- loss shall not fail to be treated as timely
payer.
tent possible the transfers which would have filed if filed not later than the date which is
‘‘(iii) ELECTION.—A taxpayer may elect not
occurred to such Trust Fund had such 120 days after the date of the enactment of
to have clause (i) apply for any taxable year.
amendments not been enacted. this Act, and
Such election shall be made in such manner
(e) REGULATORY AUTHORITY.—The Sec- (B) an election to—
retary of the Treasury (or the Secretary’s as prescribed by the Secretary and shall be
(i) forgo any carryback of such net oper-
delegate) shall issue such regulations or made—
ating loss,
other guidance as necessary to carry out the ‘‘(I) in the case of any election relating to
(ii) reduce any period to which such net op-
purposes of this section. a net operating loss arising in a taxable year
erating loss may be carried back, or
SEC. 2203. MODIFICATIONS FOR NET OPERATING beginning in 2018 or 2019, by the due date (in-
(iii) revoke any election made under sec-
LOSSES. cluding extensions of time) for filing the tax-
tion 172(b) to forgo any carryback of such
(a) TEMPORARY REPEAL OF TAXABLE INCOME payer’s return for the first taxable year end-
net operating loss,
LIMITATION.— ing after the date of the enactment of this
shall not fail to be treated as timely made if
(1) IN GENERAL.—The first sentence of sec- subparagraph, and
made not later than the date which is 120
tion 172(a) of the Internal Revenue Code of ‘‘(II) in the case of any election relating to
days after the date of the enactment of this
1986 is amended by striking ‘‘an amount a net operating loss arising in a taxable year
Act.
equal to’’ and all that follows and inserting beginning in 2020, by the due date (including
SEC. 2204. MODIFICATION OF LIMITATION ON
‘‘an amount equal to— extensions of time) for such taxable year. LOSSES FOR TAXPAYERS OTHER
SSpencer on DSKBBXCHB2PROD with SENATE
‘‘(1) in the case of a taxable year beginning Such election, once made for any taxable THAN CORPORATIONS.
before January 1, 2021, the aggregate of the year, shall be irrevocable for such taxable (a) IN GENERAL.—Section 461(l)(1) of the In-
net operating loss carryovers to such year, year.’’. ternal Revenue Code of 1986 is amended by
plus the net operating loss carrybacks to (2) CONFORMING AMENDMENT.—Section striking ‘‘December 31, 2017’’ and inserting
such year, and 170(b)(1)(A) of such Code, as amended by sub- ‘‘December 31, 2020’’.
‘‘(2) in the case of a taxable year beginning section (c)(2), is amended by striking ‘‘and (b) TECHNICAL AMENDMENTS RELATING TO
after December 31, 2020, the sum of— (C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’. SECTION 11012 OF PUBLIC LAW 115–97.—
‘‘(A) the aggregate amount of net oper- (c) TECHNICAL AMENDMENT RELATING TO (1) Section 461(l)(2) of the Internal Revenue
ating losses arising in taxable years begin- SECTION 13302 OF PUBLIC LAW 115–97.— Code of 1986 is amended by striking ‘‘a net
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S1842 CONGRESSIONAL RECORD — SENATE March 19, 2020
operating loss carryover to the following beginning in 2020 if such taxable year is a (1) by inserting after paragraph (3) the fol-
taxable year under section 172’’ and inserting short taxable year.’’. lowing:
‘‘a net operating loss for the taxable year for (b) EFFECTIVE DATE.—The amendments ‘‘(4) Subparagraphs (A), (B), and (C) of sec-
purposes of determining any net operating made by this section shall apply to taxable tion 318(a)(3) shall not be applied so as to
loss carryover under section 172(b) for subse- years beginning after December 31, 2018. consider a United States person as owning
quent taxable years’’. SEC. 2207. TECHNICAL AMENDMENTS REGARD- stock which is owned by a person who is not
(2) Section 461(l)(3)(A) of such Code is ING QUALIFIED IMPROVEMENT a United States person.’’, and
amended— PROPERTY. (2) by striking ‘‘Paragraph (1)’’ in the last
(A) in clause (i), by inserting ‘‘and without (a) IN GENERAL.—Section 168 of the Inter- sentence and inserting ‘‘Paragraphs (1) and
regard to any deduction allowable under sec- nal Revenue Code of 1986 is amended— (4)’’.
tion 172 or 199A’’ after ‘‘under paragraph (1)’’, (1) in subsection (e)— (b) FOREIGN CONTROLLED UNITED STATES
and (A) in paragraph (3)(E), by striking ‘‘and’’ SHAREHOLDERS.—Subpart F of part III of sub-
(B) by adding at the end the following flush at the end of clause (v), by striking the pe- chapter N of chapter 1 of such Code is
sentence: riod at the end of clause (vi) and inserting ‘‘, amended by inserting after section 951A the
‘‘Such excess shall be determined without re- and’’, and by adding at the end the following following new section:
gard to any deductions, gross income, or new clause: ‘‘SEC. 951B. AMOUNTS INCLUDED IN GROSS IN-
‘‘(vii) any qualified improvement prop- COME OF FOREIGN CONTROLLED
gains attributable to any trade or business of UNITED STATES SHAREHOLDERS.
performing services as an employee.’’. erty.’’, and
(B) in paragraph (6)(A), by inserting ‘‘made ‘‘(a) IN GENERAL.—In the case of any for-
(3) Section 461(l)(3) of such Code is amend- eign controlled United States shareholder of
ed by redesignating subparagraph (B) as sub- by the taxpayer’’ after ‘‘any improvement’’,
a foreign controlled foreign corporation—
paragraph (C) and by inserting after subpara- and
‘‘(1) this subpart (other than sections 951A,
graph (A) the following new subparagraph: (2) in the table contained in subsection
951(b), 957, and 965) shall be applied with re-
‘‘(B) TREATMENT OF CAPITAL GAINS AND (g)(3)(B)—
spect to such shareholder (separately from,
LOSSES.— (A) by striking the item relating to sub-
and in addition to, the application of this
‘‘(i) LOSSES.—Deductions for losses from paragraph (D)(v), and
subpart without regard to this section)—
sales or exchanges of capital assets shall not (B) by inserting after the item relating to
‘‘(A) by substituting ‘foreign controlled
be taken into account under subparagraph subparagraph (E)(vi) the following new item:
United States shareholder’ for ‘United States
(A)(i). ‘‘(E)(vii) .................................... 20’’.
shareholder’ each place it appears therein,
‘‘(ii) GAINS.—The amount of gains from (b) EFFECTIVE DATE.—The amendments
and
sales or exchanges of capital assets taken made by this section shall take effect as if
‘‘(B) by substituting ‘foreign controlled
into account under subparagraph (A)(ii) shall included in section 13204 of Public Law 115–
foreign corporation’ for ‘controlled foreign
not exceed the lesser of— 97.
corporation’ each place it appears therein,
‘‘(I) the capital gain net income deter- SEC. 2208. INSTALLMENTS NOT TO PREVENT
and
mined by taking into account only gains and CREDIT OR REFUND OF OVERPAY-
MENTS OR INCREASE ESTIMATED ‘‘(2) sections 951A and 965 shall be applied
losses attributable to a trade or business, or with respect to such shareholder—
TAXES.
‘‘(II) the capital gain net income.’’. ‘‘(A) by treating each reference to ‘United
(a) IN GENERAL.—Section 965(h) of the In-
(c) EFFECTIVE DATES.— States shareholder’ in such sections as in-
ternal Revenue Code of 1986 is amended by
(1) IN GENERAL.—The amendments made by cluding a reference to such shareholder, and
adding at the end the following new para-
subsection (a) shall apply to taxable years ‘‘(B) by treating each reference to ‘con-
graph:
beginning after December 31, 2017. trolled foreign corporation’ in such sections
‘‘(7) INSTALLMENTS NOT TO PREVENT CREDIT
(2) TECHNICAL AMENDMENTS.—The amend- as including a reference to such foreign con-
OR REFUND OF OVERPAYMENTS OR INCREASE ES-
ments made by subsection (b) shall take ef- trolled foreign corporation.
TIMATED TAXES.—If an election is made under
fect as if included in the provisions of Public ‘‘(b) FOREIGN CONTROLLED UNITED STATES
paragraph (1) to pay the net tax liability
Law 115–97 to which they relate. SHAREHOLDER.—For purposes of this section,
under this section in installments—
SEC. 2205. MODIFICATION OF CREDIT FOR PRIOR the term ‘foreign controlled United States
‘‘(A) no installment of such net tax liabil- shareholder’ means, with respect to any for-
YEAR MINIMUM TAX LIABILITY OF
CORPORATIONS.
ity shall— eign corporation, any United States person
‘‘(i) in the case of a request for credit or re- which would be a United States shareholder
(a) IN GENERAL.—Section 53(e) of the Inter-
fund, be taken into account as a liability for with respect to such foreign corporation if—
nal Revenue Code of 1986 is amended to read
purposes of determining whether an overpay- ‘‘(1) section 951(b) were applied by sub-
as follows:
ment exists for purposes of section 6402 be- stituting ‘more than 50 percent’ for ‘10 per-
‘‘(e) CREDIT TREATED AS REFUNDABLE FOR
fore the date on which such installment is cent or more’, and
CERTAIN TAXPAYERS.—In the case of the first
due, or ‘‘(2) section 958(b) were applied without re-
taxable year of a corporation beginning in
‘‘(ii) for purposes of sections 6425, 6654, and gard to paragraph (4) thereof.
2018—
6655, be treated as a tax imposed by section ‘‘(c) FOREIGN CONTROLLED FOREIGN COR-
‘‘(1) subsection (c) shall not apply, and
1, section 11, or subchapter L of chapter 1, PORATION.—For purposes of this section, the
‘‘(2) for purposes of this title (other than
and term ‘foreign controlled foreign corporation’
this section), the credit allowed by reason of
‘‘(B) the first sentence of section 6403 shall means a foreign corporation, other than a
this subsection shall be treated as allowed
not apply with respect to any such install- controlled foreign corporation, which would
under subpart C (and not this subpart).’’.
ment.’’. be a controlled foreign corporation if section
(b) EFFECTIVE DATE.—The amendment (b) LIMITATION ON PAYMENT OF INTEREST.— 957(a) were applied—
made by this section shall apply to taxable In the case of the portion of any overpay- ‘‘(1) by substituting ‘foreign controlled
years beginning after December 31, 2017. ment which exists by reason of the applica- United States shareholders’ for ‘United
SEC. 2206. MODIFICATION OF LIMITATION ON tion of section 965(h)(7) of the Internal Rev- States shareholders’, and
BUSINESS INTEREST.
enue Code of 1986 (as added by this section)— ‘‘(2) by substituting ‘section 958(b) (other
(a) IN GENERAL.—Section 163(j) of the In- (1) if credit or refund of such portion is than paragraph (4) thereof)’ for ‘section
ternal Revenue Code of 1986 is amended by made on or before the date which is 45 days 958(b)’.
redesignating paragraph (10) as paragraph after the date of the enactment of this Act, ‘‘(d) REGULATIONS.—The Secretary shall
(11) and by inserting after paragraph (9) the no interest shall be allowed or paid under prescribe such regulations or other guidance
following new paragraph: section 6611 of such Code with respect to as may be necessary or appropriate to carry
‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- such portion; and out the purposes of this section, including
GINNING IN 2019 AND 2020.— (2) if credit or refund of such portion is regulations or other guidance—
‘‘(A) IN GENERAL.—In the case of any tax- made after the date which is 45 days after ‘‘(1) to treat a foreign controlled United
able year beginning in 2019 or 2020, paragraph the date of the enactment of this Act, no in- States shareholder or a foreign controlled
(1)(B) shall be applied by substituting ‘50 per- terest shall be allowed or paid under section foreign corporation as a United States share-
cent’ for ‘30 percent’. 6611 of such Code with respect to such por- holder or as a controlled foreign corporation,
‘‘(B) ELECTION TO USE 2019 INCOME FOR TAX- tion for any period before the date of the en- respectively, for purposes of provisions of
ABLE YEARS BEGINNING IN 2020.— actment of this Act. this title other than this subpart, and
‘‘(i) IN GENERAL.—Subject to clause (ii), in (c) EFFECTIVE DATE.—The amendment ‘‘(2) to prevent the avoidance of the pur-
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the case of any taxable year beginning in made by subsection (a) shall take effect as if poses of this section.’’.
2020, the taxpayer may elect to apply this included in section 14103 of Public Law 115– (c) CLERICAL AMENDMENT.—The table of
subsection by substituting the adjusted tax- 97. sections for subpart F of part III of sub-
able income of the taxpayer for the last tax- SEC. 2209. RESTORATION OF LIMITATION ON
chapter N of chapter 1 of such Code is
able year beginning in 2019 for the adjusted DOWNWARD ATTRIBUTION OF amended by inserting after the item relating
taxable income for such taxable year. STOCK OWNERSHIP IN APPLYING to section 951A the following new item:
‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE CONSTRUCTIVE OWNERSHIP RULES. ‘‘Sec. 951B. Amounts included in gross in-
YEARS.—No election may be made under (a) IN GENERAL.—Section 958(b) of the In- come of foreign controlled
clause (i) with respect to any taxable year ternal Revenue Code of 1986 is amended— United States shareholders.’’.
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1843
(d) EFFECTIVE DATE.—The amendments ized to enter into contracts under which the SEC. 3105. REPORTS.
made by this section shall apply to— Federal Government, contingent on the fi- (a) SECRETARY.—The Secretary shall, with
(1) the last taxable year of foreign corpora- nancial success of the eligible business, respect to the loans and loan guarantees pro-
tions beginning before January 1, 2018, and would participate in the gains of the eligible vided under section 3102, make such reports
each subsequent taxable year of such foreign business or its security holders through the as are required under section 5302 or title 31,
corporations, and use of such instruments as warrants, stock United States Code.
(2) taxable years of United States persons options, common or preferred stock, or other (b) GOVERNMENT ACCOUNTABILITY OFFICE.—
in which or with which such taxable years of appropriate equity instruments. (1) STUDY.—The Comptroller General of the
foreign corporations end. (e) DEPOSIT OF PROCEEDS.—Amounts col- United States shall conduct a study on the
lected by the Secretary under this section, loans and loan guarantees provided under
DIVISION C—ASSISTANCE TO SEVERELY
including the proceeds of investments, earn- section 3102.
DISTRESSED SECTORS OF THE UNITED
ings, and interest collected, shall be depos- (2) REPORT.—Not later than 9 months after
STATES ECONOMY
ited as follows: the date of enactment of this Act, and annu-
TITLE I—ECONOMIC STABILIZATION ally thereafter through the year succeeding
(1) Amounts collected from eligible busi-
SEC. 3101. SHORT TITLE. nesses that received loans or loan guarantees the last year for which loans or loan guaran-
This title may be cited as the under paragraph (1) or (2) of subsection (b) tees provided under section 3102 are in effect,
‘‘Coronavirus Economic Stabilization Act of shall be deposited in the Airport and Airway the Comptroller General shall submit to the
2020’’. Trust Fund under section 9502 of the Internal Committee on Transportation and Infra-
SEC. 3102. EMERGENCY RELIEF THROUGH LOANS Revenue Code of 1986. structure, the Committee on Appropriations,
AND LOAN GUARANTEES. and the Committee on the Budget of the
(2) Amounts collected from eligible busi-
(a) IN GENERAL.—Notwithstanding any nesses that received loans or loan guarantees House of Representatives and the Committee
other provision of law, to provide liquidity under paragraph (3) of subsection (b) shall be on Commerce, Science, and Transportation,
to eligible businesses related to losses in- deposited in the Treasury as miscellaneous the Committee on Appropriations, and the
curred as a direct result of coronavirus, the receipts. Committee on the Budget of the Senate a re-
Secretary is authorized to make or guar- (f) ADMINISTRATIVE EXPENSES.—Notwith- port on the loans and loan guarantees pro-
antee loans to eligible businesses that do standing any other provision of law, the Sec- vided under section 3102.
not, in the aggregate, exceed $208,000,000,000 retary may use $100,000,000 of the funds made SEC. 3106. COORDINATION WITH SECRETARY OF
and provide the subsidy amounts necessary available under this section to pay costs and TRANSPORTATION.
for such loans and loan guarantees in accord- administrative expenses associated with the In implementing this title with respect to
ance with the provisions of the Federal Cred- provision of direct loans or guarantees au- air carriers, the Secretary shall coordinate
it Reform Act of 1990 (2 U.S.C. 661 et seq.). thorized under this section. with the Secretary of Transportation.
(b) DISTRIBUTION OF LOANS AND LOAN GUAR- (g) CONFORMING AMENDMENT.—Section 10(a) SEC. 3107. DEFINITIONS.
ANTEES.—Loans and loan guarantees made of the Gold Reserve Act of 1934 (31 U.S.C. In this title:
pursuant to subsection (a) shall be made 5302(a)) is amended— (1) AIR CARRIER.—The term ‘‘air carrier’’
available to eligible business as follows: (1) by striking ‘‘and’’ before ‘‘section 3’’; has the meaning such term has under section
(1) Not more than $50,000,000,000 shall be and 40102 of title 49, United States Code.
available for passenger air carriers. (2) by inserting ‘‘and the Coronavirus Eco- (2) CORONAVIRUS.—The term ‘‘coronavirus’’
(2) Not more than $8,000,000,000 shall be nomic Stabilization Act of 2020,’’ before ‘‘and means SARS-CoV-2 or another coronavirus
available for cargo air carriers. for investing’’. with pandemic potential.
(3) Not more than $150,000,000,000 shall be SEC. 3103. LIMITATION ON CERTAIN EMPLOYEE (3) COVERED LOSS.—The term ‘‘covered
available for other eligible businesses. COMPENSATION. loss’’ includes losses, direct or incremental,
(c) LOANS AND LOAN GUARANTEES.— (a) IN GENERAL.—The Secretary may only incurred as a result of coronavirus, as deter-
(1) IN GENERAL.—The Secretary shall re- enter into a loan or loan agreement under mined by the Secretary.
view and decide on applications for loans and section 3102(a) with an eligible business after (4) ELIGIBLE BUSINESS.—The term ‘‘eligible
loan guarantees under this section and may the eligible business enters into a legally business’’ means—
enter into agreements to make or guarantee binding agreement with the Secretary that, (A) an air carrier; or
loans to one or more obligors if the Sec- during the 2-year period beginning March 1, (B) a United States business that has in-
retary determines, in the Secretary’s discre- 2020, and ending March 1, 2022, no officer or curred covered losses such that the contin-
tion, that— employee of the eligible business whose total ued operations of the business are jeopard-
(A) the obligor is a eligible business for compensation exceeded $425,000 in calendar ized, as determined by the Secretary, and
which credit is not reasonably available at year 2019 (other than an employee whose that has not otherwise applied for or re-
the time of the transaction; compensation is determined through an ex- ceived economic relief in the form of loans or
(B) the intended obligation by the obligor isting collective bargaining agreement en- loan guarantees provided under any other
is prudently incurred; and tered into prior to March 1, 2020)— provision of this Act.
(C) the loan is sufficiently secured. (1) will receive from the eligible business (5) SECRETARY.—The term ‘‘Secretary’’
(2) TERMS AND LIMITATIONS.— total compensation which exceeds, during means the Secretary of the Treasury, or the
(A) FORMS; TERMS AND CONDITIONS.—A loan any 12 consecutive months of such 2-year pe- designee of the Secretary of the Treasury.
or loan guarantee shall be issued under this riod, the total compensation received by the SEC. 3108. RULE OF CONSTRUCTION.
section in such form and on such terms and officer or employee from the eligible busi- Nothing in this title shall be construed to
conditions and contain such covenants, rep- ness in calendar year 2019; and allow the Secretary to provide relief to eligi-
resentatives, warranties, and requirements (2) will receive from the eligible business ble businesses except in the form of secured
(including requirements for audits) as the severance pay or other benefits upon termi- loans and loan guarantees as provided in this
Secretary determines appropriate. Any loans nation of employment with the eligible busi- title and under terms and conditions that
made by the Secretary under this section ness which exceeds twice the maximum total are in the interest of the Federal Govern-
shall be at a rate not less than a rate deter- compensation received by the officer or em- ment.
mined by the Secretary taking into consider- ployee from the eligible business in calendar TITLE II—AVIATION EXCISE TAXES
ation the current average yield on out- year 2019. SEC. 3201. SUSPENSION OF CERTAIN AVIATION
standing marketable obligations of the (b) TOTAL COMPENSATION DEFINED.—In this EXCISE TAXES.
United States of comparable maturity. section, the term ‘‘total compensation’’ in- (a) TRANSPORTATION BY AIR.—In the case of
(B) PROCEDURES.—As soon as practicable, cludes salary, bonuses, awards of stock, and any payment for transportation by air (in-
but in no case later than 10 days after the other financial benefits provided by an eligi- cluding any amount treated as paid for
date of enactment of this Act, the Secretary ble business to an officer or employee of the transportation by air by reason of section
shall publish procedures for application and eligible business. 4261(e)(3) of the Internal Revenue Code of
minimum requirements, which may be sup- SEC. 3104. CONTINUATION OF CERTAIN AIR SERV- 1986) during the excise tax holiday period, no
plemented by the Secretary in the Sec- ICE. tax shall be imposed under section 4261 or
retary’s discretion, for the making of loans The Secretary of Transportation is author- 4271 of such Code. The preceding sentence
and loan guarantees under this section. ized to require, to the extent reasonable and shall not apply to amounts paid for transpor-
(d) FINANCIAL PROTECTION OF GOVERN- practicable, an air carrier receiving loans tation on or before the date of the enactment
MENT.— and loan guarantees under section 3102 to of this Act.
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(1) IN GENERAL.—To the extent feasible and maintain scheduled air transportation serv- (b) USE OF KEROSENE IN COMMERCIAL AVIA-
practicable, the Secretary shall ensure that ice as the Secretary of Transportation deems TION.—In the case of kerosene used in com-
the Federal Government is compensated for necessary to ensure services to any point mercial aviation (as defined in section 4083 of
the risk assumed in making loans and loan served by that carrier before March 1, 2020. the Internal Revenue Code of 1986) during the
guarantees under this section. When considering whether to exercise the excise tax holiday period—
(2) GOVERNMENT PARTICIPATION IN GAINS.—If authority granted by this section, the Sec- (1) no tax shall be imposed on such ker-
an eligible business receives a loan or loan retary of Transportation shall take into con- osene under—
guarantee from the Federal Government sideration the air transportation needs of (A) section 4041(c) of the Internal Revenue
under this section, the Secretary is author- small and remote communities. Code of 1986, or
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S1844 CONGRESSIONAL RECORD — SENATE March 19, 2020
(B) section 4081 of such Code (other than at (B) encourage domestic manufacturing, in- SEC. 4122.
ADDITIONAL MANUFACTURER RE-
the rate provided in subsection (a)(2)(B) cluding consideration of economic impacts, PORTING REQUIREMENTS IN RE-
SPONSE TO DRUG SHORTAGES.
thereof), and if any;
(2) section 6427(l) of such Code shall be ap- (C) improve supply chain information gaps; (a) EXPANSION TO INCLUDE ACTIVE PHARMA-
plied— (D) improve planning considerations for CEUTICAL INGREDIENTS.—Subsection (a) of
(A) by treating such use as a nontaxable medical product supply chain capacity dur- section 506C of the Federal Food, Drug, and
use, and ing public health emergencies; and Cosmetic Act (21 U.S.C. 356c) is amended—
(B) without regard to paragraph (4)(A)(ii) (E) promote the accessibility of such drugs (1) in paragraph (1)(C), by inserting ‘‘or any
thereof. and devices. such drug that is critical to the public
(c) EXCISE TAX HOLIDAY PERIOD.—For pur- (c) INPUT.—In conducting the study and de- health during a public health emergency de-
poses of section, the term ‘‘excise tax holi- veloping the report under subsection (b), the termined under section 319 of the Public
day period’’ means the period beginning after National Academies shall— Health Service Act’’ after ‘‘during surgery’’;
the date of the enactment of this section and (1) consider input from the Department of and
ending before January 1, 2021. Health and Human Services, the Department (2) in the flush text at the end—
DIVISION D—HEALTH CARE RESPONSE of Homeland Security, the Department of (A) by inserting ‘‘, or a discontinuance or
Defense, the Department of Commerce, the an interruption in the manufacture of the
TITLE I—HEALTH PROVISIONS
Department of State, the Department of Vet- active pharmaceutical ingredients of such
Subtitle A—Addressing Supply Shortages drug,’’ before ‘‘that is likely’’; and
PART I—MOVING THE STRATEGIC erans Affairs, the Department of Justice, and
any other Federal agencies as appropriate; (B) by adding at the end the following:
NATIONAL STOCKPILE TO ASPR ‘‘Notification under this subsection shall in-
and
SEC. 4101. MOVING THE STRATEGIC NATIONAL clude disclosure of reasons for the dis-
STOCKPILE TO ASPR. (2) consult with relevant stakeholders,
which may include conducting public meet- continuation or interruption, as applicable;
Section 319F–2(a)(1) of the Public Health if an active pharmaceutical ingredient is a
Service Act (42 U.S.C. 247d–6b(a)(1)) is ings and other forms of engagement, as ap-
propriate, with health care providers, med- reason for, or risk factor in, such discontinu-
amended by striking ‘‘The Secretary, in col- ation or interruption, the source of the ac-
laboration with the Assistant Secretary for ical professional societies, State-based soci-
eties, public health experts, State and local tive pharmaceutical ingredient and any al-
Preparedness and Response and the Director ternative sources for the active pharma-
of the Centers for Disease Control and Pre- public health departments, State medical
boards, patient groups, medical product ceutical ingredient known by the manufac-
vention, and in coordination with the Sec- turer; whether any associated medical de-
retary of Homeland Security (referred to in manufacturers, health care distributors,
wholesalers and group purchasing organiza- vices used for preparation or administration
this section as the ‘Homeland Security Sec- included in the finished dosage form is a rea-
retary’), shall maintain’’ and inserting ‘‘The tions, pharmacists, and other entities with
experience in health care and public health, son for, or a risk factor in, such discontinu-
Secretary, in collaboration with the Assist- ation or interruption; the expected duration
ant Secretary for Preparedness and Re- as appropriate.
of the interruption; and such other informa-
sponse, and in coordination with the Sec- (d) DEFINITIONS.—In this section, the terms
tion as the Secretary may require.’’.
retary of Homeland Security (referred to in ‘‘device’’ and ‘‘drug’’ have the meanings (b) FOIA EXEMPTION.—Section 506C(d) of
this section as the ‘Homeland Security Sec- given such terms in section 201 of the Fed- the Federal Food, Drug, and Cosmetic Act
retary’), shall maintain’’. eral Food, Drug, and Cosmetic Act (21 U.S.C. (21 U.S.C. 356c(d)) is amended by adding at
PART II—MEDICAL PRODUCT SUPPLIES 321). the end the following: ‘‘Information provided
SEC. 4111. NATIONAL ACADEMIES REPORT ON SEC. 4112. REQUIRING THE STRATEGIC NA- by a manufacturer to the Secretary under
AMERICA’S MEDICAL PRODUCT SUP- TIONAL STOCKPILE TO INCLUDE this section shall not be subject to disclosure
PLY CHAIN SECURITY. CERTAIN TYPES OF MEDICAL SUP-
PLIES.
under section 552 of title 5, United States
(a) IN GENERAL.—Not later than 60 days Code.’’.
after the date of enactment of this Act, the Section 319F–2(a)(1) of the Public Health (c) MANUFACTURING CONTINGENCY PLANS.—
Secretary of Health and Human Services Service Act (42 U.S.C. 247d–6b(a)(1)) is Section 506C of the Federal Food, Drug, and
shall enter into an agreement with the Na- amended by inserting ‘‘(including personal Cosmetic Act (21 U.S.C. 356c) is amended by
tional Academies of Sciences, Engineering, protective equipment, ancillary medical sup- adding at the end the following:
and Medicine (referred to in this section as plies, and other applicable supplies required ‘‘(j) MANUFACTURER CONTINGENCY PLANS.—
the ‘‘National Academies’’) to examine, and, for the administration of drugs, vaccines and Each manufacturer of a drug described in
in a manner that does not compromise na- other biological products, medical devices, subsection (a) or of any active pharma-
tional security, report on, the security of the and diagnostic tests in the stockpile)’’ after ceutical ingredient or any associated med-
United States medical product supply chain. ‘‘other supplies’’. ical devices used for preparation or adminis-
(b) PURPOSES.—The report developed under SEC. 4113. TREATMENT OF RESPIRATORY PRO- tration included in the finished dosage form
this section shall— TECTIVE DEVICES AS COVERED of such a drug, shall maintain contingency
(1) assess and evaluate the dependence of COUNTERMEASURES. and redundancy plans, as applicable, for each
the United States, including the private Section 319F–3(i)(1) of the Public Health establishment in which such drugs or active
commercial sector, States, and the Federal Service Act (42 U.S.C. 247d–6d(i)(1)) is amend- pharmaceutical ingredients of such drugs are
Government, on critical drugs and devices ed— manufactured to help prevent or mitigate
that are sourced or manufactured outside of (1) in subparagraph (B), by striking ‘‘or’’ at interruptions in the supply of the drug or in-
the United States, which may include an the end; gredient.’’.
analysis of— (2) in subparagraph (C), by striking the pe- (d) ANNUAL NOTIFICATION.—Section 506E of
(A) the supply chain of critical drugs and riod at the end and inserting ‘‘; or’’; and the Federal Food, Drug, and Cosmetic Act
devices of greatest priority to providing (3) by adding at the end the following: (21 U.S.C. 356e) is amended by adding at the
health care; ‘‘(D) a respiratory protective device that is end the following:
(B) any potential public health security or approved by the National Institute for Occu- ‘‘(d) INTERAGENCY NOTIFICATION.—Not later
national security risks associated with reli- pational Safety and Health under part 84 of than 180 days after the date of enactment of
ance on critical drugs and devices sourced or title 42, Code of Federal Regulations (or any this subsection, and every 90 days thereafter,
manufactured outside of the United States, successor regulations), and that the Sec- the Secretary shall transmit a report regard-
which may include responses to previous or retary determines to be a priority for use ing the drugs of the current drug shortage
existing shortages or public health emer- during a public health emergency declared list under this section to the Administrator
gencies, such as infectious disease outbreaks, pursuant to section 319.’’. of the Centers for Medicare & Medicaid Serv-
bioterror attacks, and other public health ices.’’.
threats; PART III—MITIGATING EMERGENCY DRUG
(e) REPORTING AFTER INSPECTIONS.—Sec-
(C) any existing supply chain information SHORTAGES
tion 704(b) of the Federal Food, Drug, and
gaps, as applicable; and SEC. 4121. PRIORITIZE REVIEWS OF DRUG APPLI- Cosmetic Act (21 U.S.C. 374(b)) is amended—
(D) potential economic impact of increased CATIONS; INCENTIVES. (1) by redesignating paragraphs (1) and (2)
domestic manufacturing; and Section 506C(g) of the Federal Food, Drug, and subparagraphs (A) and (B);
(2) provide recommendations, which may and Cosmetic Act (21 U.S.C. 356c(g)) is (2) by striking ‘‘(b) Upon completion’’ and
include a plan to improve the resiliency of amended— inserting ‘‘(b)(1) Upon completion’’; and
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the supply chain for critical drugs and de- (1) in paragraph (1), by striking ‘‘the Sec- (3) by adding at the end the following:
vices as described in paragraph (1), and to ad- retary may’’ and inserting ‘‘the Secretary ‘‘(2) In carrying out this subsection with
dress any supply vulnerabilities or potential shall, as appropriate’’; respect to any establishment manufacturing
disruptions of such products that would sig- (2) in paragraph (1), by inserting a drug approved under subsection (c) or (j) of
nificantly affect or pose a threat to public ‘‘prioritize and’’ before ‘‘expedite the re- section 505 for which a notification has been
health security or national security, as ap- view’’; and submitted in accordance with section 506C is,
propriate, which may include strategies to— (3) in paragraph (2), by inserting or has been in the last 5 years, listed on the
(A) promote supply chain redundancy and ‘‘prioritize and’’ before ‘‘expedite an inspec- drug shortage list under section 506E, or that
contingency planning; tion’’. is described in section 505(j)(11)(A), a copy of
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1845
the report shall be sent promptly to the ap- ‘‘SEC. 502A. SAFE HARBOR PROVISION. ‘‘(d) DISTRIBUTION.—Information pursuant
propriate offices of the Food and Drug Ad- ‘‘(a) IN GENERAL.—The communication of to subsection (b) may be distributed
ministration with expertise regarding drug information, consistent with subsection (b), proactively through written or oral means,
shortages. Such offices shall ensure timely with respect to the use of a drug or device or other information platforms, to a health
and effective coordination regarding the re- authorized under section 564 provided or dis- care provider, payor, formulary committee,
views of such report and overseeing the tributed to a health care provider, shall or other similar entity carrying out respon-
alignment of any feedback regarding such re- not— sibilities for making drug coverage, reim-
port, or corrective or preventative actions, ‘‘(1) be a basis for treating such drug or de- bursement, or usage decisions on a popu-
after consideration of the systematic bene- vice as misbranded under subsection (a) or (f) lation basis.
fits and risks to public health, patient safe- of section 502, or in violation of section 505, ‘‘(e) COVERAGE NOT EXCLUDED.—The dis-
ty, the drug supply and drug supply chain, 515, or 564 of this Act or subsection (a) or (k) tribution of information that otherwise
and timely patient access to such drugs.’’. meets the requirements of this section shall
of section 351(a)(1) of the Public Health Serv-
not fail to meet the requirements of sub-
(f) EFFECTIVE DATE.—The amendments ice Act, as applicable; or
section (a) because the manufacturer or dis-
made by this section and section 4121 shall ‘‘(2) be treated as evidence that such drug
tributor of the drug or device about which
take effect on the date that is 180 days after or device is misbranded under subsection (a)
information is being distributed has—
the date of enactment of this Act. or (f) of section 502, or in violation of section
‘‘(1) knowledge that such drug or device is
SEC. 4123. GAO REPORT ON INTRA-AGENCY CO- 505, 513, 515, or 564 of this Act or subsection being used by patients or health care practi-
ORDINATION. (a) or (k) of section 351 of the Public Health tioners in a manner not described in any la-
(a) IN GENERAL.—Not later than 2 years Service Act, as applicable. beling of the drug or device, as applicable; or
after the date of enactment of this Act, the ‘‘(b) PROVISION OF INFORMATION.— ‘‘(2) objective or subjective intent that
Comptroller General of the United States ‘‘(1) IN GENERAL.—Any information relat- such drug or device be used in a manner in-
shall submit to the Committee on Health, ing to a use of a drug or device authorized consistent with any labeling, as applicable,
Education, Labor, and Pensions of the Sen- under section 564, or for which a submission of such drug or device.
ate and the Committee on Energy and Com- under section 564 has been submitted, that— ‘‘(f) RULE OF CONSTRUCTION.—Nothing in
merce of the House of Representatives a re- ‘‘(A) is neither false nor misleading, when this section shall be construed—
port examining the Food and Drug Adminis- measured objectively against the informa- ‘‘(1) to limit communication not specifi-
tration’s intra-agency coordination, commu- tion available at the time the statement is cally permitted by this section; or
nication, and decision making in assessing made; ‘‘(2) to alter or expand the authority of the
drug shortage risks, and taking corrective ‘‘(B) is accompanied, as required, by an ap- Secretary to enforce the provisions of this
action. propriate disclaimer, as described in para- Act, except to the extent that the commu-
(b) CONTENT.—The report shall include— graph (2); and nication of information in accordance with
(1) consideration of— ‘‘(C) is based on competent and reliable sci- this section is permitted.’’.
(A) risks associated with violations of cur- entific evidence, as described in subsection PART IV—PREVENTING ESSENTIAL
rent good manufacturing practices; (c). MEDICAL DEVICE SHORTAGES
(B) corrective and preventative actions ‘‘(2) DISCLAIMERS.—For purposes of para- SEC. 4131. DISCONTINUANCE OR INTERRUPTION
with respect to such violations requested by graph (1), such information shall be accom- IN THE PRODUCTION OF MEDICAL
the Food and Drug Administration; panied, as necessary, by an appropriate dis- DEVICES.
(C) the effects of potential manufacturing claimer, including— Chapter V of the Federal Food, Drug, and
slow-downs or shut-downs on potential drug ‘‘(A) a statement identifying any dif- Cosmetic Act (21 U.S.C. 351 et seq.) is amend-
shortages, including the discontinuance of ferences between the information and any la- ed by inserting after section 506I the fol-
drug manufacturing and marketing; beling of the drug or device; lowing:
(D) efforts to prioritize review of applica- ‘‘(B) a statement identifying contradictory ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION
tions for drugs that the Secretary has deter- evidence; and IN THE PRODUCTION OF MEDICAL
‘‘(C) such other information as may be re- DEVICES.
mined under section 506E of the Federal
quired by regulation. ‘‘(a) IN GENERAL.—A manufacturer of a de-
Food, Drug, and Cosmetic Act (21 U.S.C.
‘‘(c) COMPETENT AND RELIABLE SCIENTIFIC vice that—
356e) to be in shortage; and
EVIDENCE.—In this section, the term ‘com- ‘‘(1) is critical to public health during a
(E) efforts to prioritize inspections of fa-
petent and reliable scientific evidence’ public health emergency, including devices
cilities necessary for approval of applica-
means evidence established through sci- that are life-supporting, life-sustaining, or
tions for drugs described in subparagraph
entific methods that are widely accepted by intended for use in emergency medical care
(D);
experts in the relevant field and followed or during surgery; or
(2) a description of how the Food and Drug
pursuant to a clear and well-described pro- ‘‘(2) for which the Secretary determines
Administration proactively coordinates
tocol, as scientifically appropriate. Evidence that information on potential meaningful
strategies to mitigate the consequences of
may constitute competent and reliable sci- supply disruptions of such device is needed
the violations, slow-downs, and shut-downs
entific evidence within the meaning of this during, or in advance of, a public health
described in paragraph (1) across agencies;
section— emergency;
and shall, during, or in advance of, a public
(3) an evaluation of changes in relevant ‘‘(1) regardless of whether it is supported
health emergency determined by the Sec-
Food and Drug Administration practices by 2 adequate and well-controlled clinical
retary pursuant to section 319, notify the
that such agency has proposed but not yet studies; and
Secretary, in accordance with subsection (b),
implemented. ‘‘(2) may include—
of a permanent discontinuance in the manu-
SEC. 4124. REPORT.
‘‘(A) information derived from clinical facture of the device (except for
trials, observational studies, clinical studies discontinuances as a result of an approved
Not later than 2 years after the date of en- or bench tests that describe performance,
actment of this Act, the Secretary of Health modification of the device) or an interrup-
database reviews, registries, patient utiliza- tion of the manufacture of the device that is
and Human Services, in coordination with tion projections, and modeling techniques,
the Commissioner of Food and Drugs and the likely to lead to a meaningful disruption in
and the data, inputs, and components of such the supply of that device in the United
Administrator of the Centers for Medicare & information;
Medicaid Services, shall develop and submit States, and the reasons for such discontinu-
‘‘(B) information about the effects of a ance or interruption.
to the Committee on Health, Education, drug or device in subgroups defined by demo- ‘‘(b) TIMING.—A notice required under sub-
Labor, and Pensions of the Senate and the graphic or other variables, including groups section (a) shall be submitted to the Sec-
Committee on Energy and Commerce of the defined by race, sex, risk factors, or other retary—
House of Representatives a report containing variables, such as genomic features or dis- ‘‘(1) at least 6 months prior to the date of
recommendations— ease severity; the discontinuance or interruption; or
(1) for market-based incentives or other ap- ‘‘(C) information related to the emergency ‘‘(2) if compliance with paragraph (1) is not
propriate mechanisms, sufficient to encour- use authorization, as applicable; and possible, as soon as practicable.
age the manufacture of drugs in shortage or ‘‘(D) information relating to the safety, ef- ‘‘(c) DISTRIBUTION.—
at risk of shortage; and fectiveness, or benefit of a use or treatment ‘‘(1) PUBLIC AVAILABILITY.—To the max-
(2) on how the Emerging Technology Pro- that is authorized under section 564 for a imum extent practicable, subject to para-
gram of the Food and Drug Administration
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drug or device, including information regard- graph (2), the Secretary shall distribute,
can help facilitate creating or upgrading ex- ing— through such means as the Secretary deter-
isting technologies to address drug shortage ‘‘(i) health outcomes, patient or caregiver mines appropriate, information on the dis-
challenges and promote modern, reliable experience, or other quality metrics; and continuance or interruption of the manufac-
manufacturing strategies. ‘‘(ii) the comparative effectiveness of a ture of devices reported under subsection (a)
SEC. 4125. SAFE HARBOR PROVISION. drug or device relative to others products, to appropriate organizations, including phy-
(a) IN GENERAL.—The Federal Food, Drug, other health care interventions, program and sician, health provider, patient organiza-
and Cosmetic Act is amended by inserting quality improvement interventions, or no tions, and supply chain partners, as appro-
after section 502 (21 U.S.C. 352) the following: intervention. priate and applicable.
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S1846 CONGRESSIONAL RECORD — SENATE March 19, 2020
‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec- ‘‘(D) The estimated duration of the short- (C) the effects of potential manufacturing
retary may choose not to make information age as determined by the Secretary. disruptions or shut-downs on potential de-
collected under this section publicly avail- ‘‘(3) PUBLIC AVAILABILITY.— vice shortages, which may include the dis-
able pursuant to this section if the Secretary ‘‘(A) IN GENERAL.—Subject to subpara- continuance of device manufacturing and
determines that disclosure of such informa- graphs (B) and (C), the Secretary shall make marketing, or the manufacturing of device
tion would adversely affect the public the information in the list under paragraph components or parts;
health, such as by increasing the possibility (1) publicly available. (D) efforts to prioritize and expedite the re-
of unnecessary over purchase of product or ‘‘(B) TRADE SECRETS AND CONFIDENTIAL IN- view of submissions for devices that the Sec-
other disruption of the availability of med- FORMATION.—Nothing in this subsection shall retary has determined under section 506J(g)
ical products to patients. be construed to alter or amend section 1905 of the Federal Food, Drug, and Cosmetic Act
‘‘(d) CONFIDENTIALITY.—Nothing in this of title 18, United States Code, or section (21 U.S.C. 356j) to be in shortage; and
section shall be construed as authorizing the 552(b)(4) of title 5 of such Code. (E) efforts to prioritize inspections of fa-
Secretary to disclose any information that is ‘‘(C) PUBLIC HEALTH EXCEPTION.—The Sec- cilities necessary for approval or clearance
a trade secret or confidential information retary may elect not to make information of devices described in subparagraph (D);
subject to section 552(b)(4) of title 5, United collected under this subsection publicly (2) a description of how the Food and Drug
States Code, or section 1905 of title 18, available if the Secretary determines that Administration proactively coordinates
United States Code. disclosure of such information would ad- strategies to mitigate the consequences of
‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a versely affect the public health (such as by the violations, slow-downs, and shut-downs
person fails to submit information required increasing the possibility of hoarding or described in paragraph (1) across agencies;
under subsection (a) in accordance with sub- other disruption of the availability of the de- and
section (b)— vice to patients). (3) an evaluation of changes in relevant
‘‘(1) the Secretary shall issue a letter to ‘‘(h) RULE OF CONSTRUCTION.—Nothing in Food and Drug Administration practices
such person informing such person of such this section shall be construed to affect the that such agency has proposed but not yet
failure; authority of the Secretary on the date of en- implemented.
‘‘(2) not later than 30 calendar days after actment of this section to expedite the re- (c) DEFINITION.—In this section, the term
the issuance of a letter under paragraph (1), view of devices under section 515 of the Fed- ‘‘device’’ has the meaning given such term
the person who receives such letter shall eral Food, Drug, and Cosmetic Act, section under section 506J(i)(1) of the Federal Food,
submit to the Secretary a written response 515B of such Act relating to the priority re- Drug, and Cosmetic Act, as added by section
to such letter setting forth the basis for non- view program for devices, and section 564 of 4131.
compliance and providing information re- such Act relating to the emergency use au- PART V—EMERGENCY USE OF
quired under subsection (a); and thorization authorities. LABORATORY DEVELOPED TESTS
‘‘(3) not later than 45 calendar days after ‘‘(i) DEFINITIONS.—In this section: SEC. 4141. EMERGENCY USE OF LABORATORY DE-
the issuance of a letter under paragraph (1), ‘‘(1) DEVICE.—The term ‘device’ means a VELOPED TESTS.
the Secretary shall make such letter and any device (as defined in section 201(h)) that is (a) IN GENERAL.—For the time in which the
response to such letter under paragraph (2) intended for human use and is subject to sec- public health emergency under section 319 of
available to the public on the internet tions 510(k), 513(f)(2), 515, or 520(m). the Public Health Service Act (42 U.S.C.
website of the Food and Drug Administra- ‘‘(2) MEANINGFUL DISRUPTION.—The term 247d) related to the coronavirus (COVID-19),
tion, with appropriate redactions made to ‘meaningful disruption’— declared by the Secretary of Health and
protect information described in subsection ‘‘(A) means a change in production that is Human Services (referred to in this section
(d), except that, if the Secretary determines reasonably likely to lead to a reduction in as the ‘‘Secretary’’) on January 31, 2020, is in
that the letter under paragraph (1) was the supply of a device by a manufacturer place (or such other period of time deter-
issued in error or, after review of such re- that is more than negligible and affects the mined by the Secretary), tests intended to
sponse, the person had a reasonable basis for ability of the manufacturer to fill orders or diagnose COVID–19 that are described in sub-
not notifying as required under subsection meet expected demand for its product; section (b) may be lawfully marketed in ac-
(a), the requirements of this paragraph shall ‘‘(B) does not include interruptions in man- cordance with this section.
ufacturing due to matters such as routine (b) CRITERIA.—Tests described in sub-
not apply.
section (a) may be lawfully marketed, during
‘‘(f) EXPEDITED INSPECTIONS AND RE- maintenance or insignificant changes in
the period described in such subsection, if
VIEWS.—If, based on notifications described manufacturing so long as the manufacturer
such test—
in subsection (a) or any other relevant infor- expects to resume operations in a reasonable
(1) is developed in a State that has notified
mation, the Secretary concludes that there or short period of time; and
the Secretary of its intention to review tests
is, or is likely to be, a shortage of an device, ‘‘(C) does not include interruptions in man-
intended to diagnose COVID-19;
the Secretary shall, as appropriate— ufacturing of components or raw materials
(2) is developed in a laboratory with a cer-
‘‘(1) prioritize and expedite the review of a so long as such interruptions do not result in
tificate to conduct high-complexity testing
submission under section 513(f)(2), 515, review a shortage of finished product and the manu-
pursuant to section 353 of the Public Health
of a notification under section 510(k), or facturer expects to resume operations in a
Service Act (42 U.S.C. 263a), and the devel-
520(m) for a device that could help mitigate reasonable or short period of time.
oper of such test—
or prevent such shortage; or ‘‘(3) SHORTAGE.—The term ‘shortage’, with
(A) is pursuing an emergency use author-
‘‘(2) prioritize and expedite an inspection respect to a device, means a period of time
ization under section 564 of the Federal
or reinspection of an establishment that when the demand or projected demand for
Food, Drug, and Cosmetic Act (21 U.S.C.
could help mitigate or prevent such short- the device within the United States exceeds
360bbb–3) and provides updates to the Sec-
age. the supply of the device.’’.
retary on efforts to pursue such authoriza-
‘‘(g) DEVICE SHORTAGE LIST.— SEC. 4132. GAO REPORT ON INTRA-AGENCY CO- tion;
‘‘(1) ESTABLISHMENT.—The Secretary shall ORDINATION.
(B) validates such test prior to use;
establish and maintain an up-to-date list of (a) IN GENERAL.—Not later than 18 months (C) notifies the Secretary of the assay vali-
devices that are determined by the Secretary after the date of enactment of this Act, the dation; and
to be in shortage in the United States. Comptroller General of the United States (D) includes a statement together with the
‘‘(2) CONTENTS.—For each device included shall submit to the Committee on Health, results of the test that reads: ‘‘This test was
on the list under paragraph (1), the Sec- Education, Labor, and Pensions of the Sen- developed for use as a part of a response to
retary shall include the following informa- ate and the Committee on Energy and Com- the public health emergency declared to ad-
tion: merce of the House of Representatives a re- dress the outbreak of COVID-19. This test
‘‘(A) The category or name of the device in port examining the Food and Drug Adminis- has not been reviewed by the Food and Drug
shortage. tration’s intra-agency coordination, commu- Administration.’’; or
‘‘(B) The name of each manufacturer of nication, and decision-making in assessing (3) is an in vitro diagnostic test for which
such device. device shortages and risks associated with the developer of such test meets all of the re-
‘‘(C) The reason for the shortage, as deter- the supply of devices, and any efforts by the quirements of subparagraphs (A) through (D)
mined by the Secretary, selecting from the Food and Drug Administration to mitigate of paragraph (2) with respect to the test.
following categories: any device shortages or to take corrective (c) DISPOSITION OF PRODUCT.—Notwith-
‘‘(i) Requirements related to complying actions. standing the termination of a declaration
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with good manufacturing practices. (b) CONTENT.—The report shall include— under subsection (b) of section 564 of the
‘‘(ii) Regulatory delay. (1) consideration of— Federal Food, Drug, and Cosmetic Act, or a
‘‘(iii) Shortage or discontinuance of a com- (A) risks of creating, worsening, or extend- revocation under subsection (g) of such sec-
ponent or part. ing a shortage of a device associated with tion with respect to a product described in
‘‘(iv) Discontinuance of the manufacture of violations of current good manufacturing subsection (a), the Secretary shall consult
the device. practices; with the developer of such in vitro diag-
‘‘(v) Delay in shipping of the device. (B) corrective and preventative actions nostic test with respect to the appropriate
‘‘(vi) Delay in sterilization of the device. with respect to such violations requested by disposition of such test to ensure that au-
‘‘(vii) Demand increase for the device. the Food and Drug Administration; thorization of any in vitro diagnostic test
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1847
under this section shall continue to be effec- the cash price for such service as listed by made by subsection (a) for fiscal year 2020
tive to provide for continued use of such the provider on a public internet website. shall be subject to the requirements con-
product to prevent or detect COVID–19. (b) REQUIREMENT TO PUBLICIZE CASH PRICE tained in Public Law 116–94 for funds for pro-
(d) IN VITRO DIAGNOSTIC TEST.—In this sec- FOR DIAGNOSTIC TESTING FOR COVID-19.— grams authorized under sections 330 through
tion, the term ‘‘in vitro diagnostic test’’ has (1) IN GENERAL.—Each provider of a diag- 340 of the Public Health Service Act (42
the meaning given the term ‘‘in vitro diag- nostic test for COVID-19 shall make public U.S.C. 254 through 256).
nostic product’’ in section 809.3(a) of title 21, the cash price for such test on a public inter- SEC. 4212. ALLOWING PERMANENT DIRECT HIRE
Code of Federal Regulations (or successor net website of such provider. OF NDMS HEALTH CARE PROFES-
regulations). (2) CIVIL MONETARY PENALTIES.—The Sec- SIONALS.
Subtitle B—Access to Health Care for COVID- retary of Health and Human Services may Section 2812(c)(4) of the Public Health
19 Patients impose a civil monetary penalty on any pro- Service Act (42 U.S.C. 300hh–11(c)(4)) is
PART I—COVERAGE OF TESTING AND vider of a diagnostic test for COVID-19 that amended to read as follows:
PREVENTIVE SERVICES is not in compliance with paragraph (1) and ‘‘(4) CERTAIN APPOINTMENTS.—If the Sec-
SEC. 4201. COVERAGE OF DIAGNOSTIC TESTING has not completed a corrective action plan retary determines that the number of inter-
FOR COVID-19. to comply with the requirements of such mittent disaster response personnel within
(a) IN GENERAL.—A group health plan and a paragraph, in an amount not to exceed $300 the National Disaster Medical System under
health insurance issuer offering group or in- per day that the violation is ongoing. this section is insufficient to address a pub-
dividual health insurance coverage (includ- SEC. 4203. RAPID COVERAGE OF PREVENTIVE lic health emergency or potential public
ing a grandfathered health plan (as defined SERVICES AND VACCINES FOR health emergency, the Secretary may ap-
CORONAVIRUS. point candidates directly to personnel posi-
in section 1251(e) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18011(b))) (a) IN GENERAL.—Notwithstanding 2713(b) tions for intermittent disaster response
shall provide coverage, and shall not impose of the Public Health Service Act (42 U.S.C. within such system. The Secretary shall pro-
any cost-sharing (including deductibles, co- 300gg–13), the Secretary of Health and vide updates on the number of vacant or un-
payments, and coinsurance) requirements or Human Services, the Secretary of Labor, and filled positions within such system to the
prior authorization or other medical man- the Secretary of the Treasury shall require congressional committees of jurisdiction
agement requirements, for the following group health plans and health insurance each quarter for which this authority is in
items and services furnished during any por- issuers offering group or individual health effect.’’.
tion of the public health emergency declared insurance to cover any qualifying SEC. 4213. TELEHEALTH NETWORK AND TELE-
by the Secretary of Health and Human Serv- coronavirus preventive service, pursuant to HEALTH RESOURCE CENTERS
ices pursuant to section 319 of the Public section 2713(a) of the Public Health Service GRANT PROGRAMS.
Health Service Act on January 31, 2020, with Act (42 U.S.C. 300gg–13(a)). The requirement Section 330I of the Public Health Service
respect to COVID-19, beginning on or after described in this subsection shall take effect Act (42 U.S.C. 254c–14) is amended—
the date of the enactment of this Act: with respect to a qualifying coronavirus pre- (1) in subsection (d)—
(1) An in vitro diagnostic product (as de- vention service on the specified date de- (A) in paragraph (1)—
fined in section 809.3(a) of title 21, Code of scribed in subsection (b)(2). (i) in the matter preceding subparagraph
Federal Regulations) for the detection of (b) DEFINITIONS.—For purposes of this sec- (A), by striking ‘‘projects to demonstrate
SARS–CoV–2 or the diagnosis of the virus tion: how telehealth technologies can be used
that causes COVID–19, and the administra- (1) QUALIFYING CORONAVIRUS PREVENTIVE through telehealth networks’’ and inserting
tion of such an in vitro diagnostic product, SERVICE.—The term ‘‘qualifying coronavirus
‘‘evidence-based projects that utilize tele-
that— preventive service’’ means an item, service, health technologies through telehealth net-
(A) is approved, cleared, or authorized or immunization that is intended to prevent works’’;
under section 510(k), 513, 515, or 564 of the or mitigate coronavirus disease 2019 and that (ii) in subparagraph (A)—
Federal Food, Drug, and Cosmetic Act (21 is— (I) by striking ‘‘the quality of’’ and insert-
U.S.C. 360(k), 360c, 360e, 360bbb–3); (A) an evidence-based item or service that ing ‘‘access to, and the quality of,’’; and
(B) is a clinical laboratory service per- has in effect a rating of ‘‘A’’ or ‘‘B’’ in the (II) by inserting ‘‘and’’ after the semicolon;
formed in a laboratory (including a public current recommendations of the United (iii) by striking subparagraph (B);
health laboratory) certified to conduct high- States Preventive Services Task Force; or (iv) by redesignating subparagraph (C) as
complexity testing pursuant to section 353 of (B) an immunization that has in effect a subparagraph (B); and
the Public Health Service Act (42 U.S.C. recommendation from the Advisory Com- (v) in subparagraph (B), as so redesignated,
253a) for which the developer has requested, mittee on Immunization Practices of the by striking ‘‘and patients and their families,
or intends to request, emergency use author- Centers for Disease Control and Prevention for decisionmaking’’ and inserting ‘‘, pa-
ization under section 564 of the Federal with respect to the individual involved. tients, and their families’’; and
Food, Drug, and Cosmetic Act (21 U.S.C. (2) SPECIFIED DATE.—The term ‘‘specified (B) in paragraph (2)—
360bbb–3), unless and until the emergency date’’ means the date that is 15 business days (i) by striking ‘‘demonstrate how tele-
use authorization request under such section after the date on which a recommendation is health technologies can be used’’ and insert-
564 has been denied or the developer of such made relating to the immunization as de- ing ‘‘support initiatives that utilize tele-
test does not submit a request under such scribed in such paragraph. health technologies’’; and
section within a reasonable timeframe; or (3) HEALTH INSURANCE TERMS.—In this sec- (ii) by striking ‘‘, to establish telehealth
(C) is developed in a State that has notified tion, the terms ‘‘group health plan’’, ‘‘health resource centers’’;
the Secretary of Health and Human Services insurance issuer’’, ‘‘group health insurance (2) in subsection (e), by striking ‘‘4 years’’
of its intention to review tests intended to coverage’’, and ‘‘individual health insurance and inserting ‘‘5 years’’;
diagnose COVID-19. coverage’’ have the meanings given such (3) in subsection (f)—
(2) Items and services furnished to an indi- terms in section 2791 of the Public Health (A) by striking paragraph (2);
vidual during health care provider office vis- Service Act (42 U.S.C. 300gg–91). (B) in paragraph (1)(B)—
its, urgent care center visits, and emergency PART II—SUPPORT FOR HEALTH CARE (i) by redesignating clauses (i) through (iii)
room visits that result in an order for or ad- PROVIDERS as paragraphs (1) through (3), respectively,
ministration of an in vitro diagnostic prod- SEC. 4211. SUPPLEMENTAL AWARDS FOR HEALTH and adjusting the margins accordingly;
uct described in paragraph (1), but only to CENTERS. (ii) in paragraph (3), as so redesignated by
the extent such items and services relate to (a) SUPPLEMENTAL AWARDS.—Section 330(r) clause (i), by redesignating subclauses (I)
the furnishing or administration of such of the Public Health Service Act (42 U.S.C. through (XII) as subparagraphs (A) through
product or to the evaluation of such indi- 254b(r)) is amended by adding at the end the (L), respectively, and adjusting the margins
vidual for purposes of determining the need following: accordingly; and
of such individual for such product. ‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLE- (iii) by striking ‘‘(1) TELEHEALTH NETWORK
SEC. 4202. PRICING OF DIAGNOSTIC TESTING. MENTAL AWARDS.—In addition to any GRANTS—’’ and all that follows through ‘‘(B)
(a) REIMBURSEMENT RATES.—A group amounts made available pursuant to this TELEHEALTH NETWORKS—’’; and
health plan or a health insurance issuer pro- subsection, section 402A of this Act, or sec- (C) in paragraph (3)(I), as so redesignated,
viding coverage of items and services de- tion 10503 of the Patient Protection and Af- by inserting ‘‘and substance use disorder’’
scribed in section 201(a) with respect to an fordable Care Act, there is authorized to be after ‘‘mental health’’ each place such term
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enrollee shall reimburse the provider of the appropriated, and there is appropriated, out appears;
diagnostic testing as follows: of any monies in the Treasury not otherwise (4) in subsection (g)(2), by striking ‘‘or im-
(1) If the health plan or issuer has a nego- appropriated, $1,320,000,000 for fiscal year 2020 prove’’ and inserting ‘‘and improve’’;
tiated rate for such service with such pro- for supplemental awards under subsection (d) (5) by striking subsection (h);
vider, such negotiated rate shall apply. for the detection of SARS-CoV-2 or the pre- (6) by redesignating subsections (i) through
(2) If the health plan or issuer does not vention, diagnosis, and treatment of COVID- (p) as subsection (h) through (o), respec-
have a negotiated rate for such service with 19.’’. tively;
such provider, such plan or issuer shall reim- (b) APPLICATION OF PROVISIONS.—Amounts (7) in subsection (h), as so redesignated—
burse the provider in an amount that equals appropriated pursuant to the amendment (A) in paragraph (1)—
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S1848 CONGRESSIONAL RECORD — SENATE March 19, 2020
(i) in subparagraph (B), by striking ‘‘men- (iii) in subparagraphs (B) and (C), by strik- ‘‘(i) REPORT.—Not later than 4 years after
tal health, public health, long-term care, ing ‘‘shall’’ each place such term appears; the date of enactment of the CARES Act,
home care, preventive’’ and inserting ‘‘men- and and every 5 years thereafter, the Secretary
tal health care, public health services, long- (iv) in subparagraph (B)— shall prepare and submit to the Committee
term care, home care, preventive care’’; (I) in the matter preceding clause (i), by in- on Health, Education, Labor, and Pensions of
(ii) in subparagraph (E), by inserting ‘‘and serting ‘‘that’’ after ‘‘members’’; and the Senate and the Committee on Energy
regional’’ after ‘‘local’’; and (II) in clauses (i) and (ii), by striking and Commerce of the House of Representa-
(iii) by striking subparagraph (F); and ‘‘that’’ each place such term appears; and tives a report on the activities and outcomes
(B) in paragraph (2)(A), by striking ‘‘medi- (C) in paragraph (3)(C), by striking ‘‘the of the grant programs under subsections (e),
cally underserved areas or’’ and inserting local community or region’’ and inserting (f), and (g), including the impact of projects
‘‘rural areas, medically underserved areas, ‘‘the rural underserved populations in the funded under such programs on the health
or’’; local community or region’’; status of rural residents with chronic condi-
(8) in paragraph (2) of subsection (i), as so (3) in subsection (f)— tions.’’; and
redesignated, by striking ‘‘ensure that—’’ (A) in paragraph (1)— (7) in subsection (j), by striking ‘‘$45,000,000
and all that follows through the end of sub- (i) in subparagraph (A)— for each of fiscal years 2008 through 2012’’
paragraph (B) and inserting ‘‘ensure that not (I) in the matter preceding clause (i), by and inserting ‘‘$79,500,000 for each of fiscal
less than 50 percent of the funds awarded striking ‘‘promote, through planning and im- years 2021 through 2025’’.
shall be awarded for projects in rural plementation, the development of integrated SEC. 4215.
UNITED STATES PUBLIC HEALTH
areas.’’; health care networks that have combined SERVICE MODERNIZATION.
(9) in subsection (j), as so redesignated— the functions of the entities participating in (a) COMMISSIONED CORPS AND READY RE-
(A) in paragraph (1)(B), by striking ‘‘com- the networks’’ and inserting ‘‘plan, develop, SERVE CORPS.—Section 203 of the Public
puter hardware and software, audio and and implement integrated health care net- Health Service Act (42 U.S.C. 204) is amend-
video equipment, computer network equip- works that collaborate’’; and ed—
ment, interactive equipment, data terminal (II) in clause (ii), by striking ‘‘essential (1) in subsection (a)(1), by striking ‘‘a
equipment, and other’’; and health care services’’ and inserting ‘‘basic Ready Reserve Corps for service in time of
(B) in paragraph (2)(F), by striking ‘‘health health care services and associated health national emergency’’ and inserting ‘‘, for
care providers and’’; outcomes’’; and service in time of a public health or national
(10) in subsection (k), as so redesignated— (ii) by amending subparagraph (B) to read emergency, a Ready Reserve Corps’’; and
(A) in paragraph (2), by striking ‘‘40 per- as follows: (2) in subsection (c)—
cent’’ and inserting ‘‘20 percent’’; and ‘‘(B) GRANT PERIODS.—The Director may (A) in the heading, by striking ‘‘RE-
(B) in paragraph (3), by striking ‘‘(such as award grants under this subsection for peri- SEARCH’’ and inserting ‘‘RESERVE CORPS’’;
laying cable or telephone lines, or pur- ods of not more than 5 years.’’; (B) in paragraph (1), by inserting ‘‘during
chasing or installing microwave towers, sat- (B) in paragraph (2)— public health or national emergencies’’ be-
ellite dishes, amplifiers, or digital switching (i) in the matter preceding subparagraph fore the period;
equipment)’’; (A), by inserting ‘‘shall’’ after ‘‘entity’’; (C) in paragraph (2)—
(ii) in subparagraph (A), by striking ‘‘shall (i) in the matter preceding subparagraph
(11) by striking subsections (q) and (r) and
be a rural public or rural nonprofit private (A), by inserting ‘‘, consistent with para-
inserting the following:
entity’’ and inserting ‘‘be an entity with graph (1)’’ after ‘‘shall’’;
‘‘(p) REPORT.—Not later than 4 years after demonstrated experience serving, or the ca- (ii) in subparagraph (C), by inserting ‘‘dur-
the date of enactment of the CARES Act, pacity to serve, rural underserved popu- ing such emergencies’’ after ‘‘members’’; and
and every 5 years thereafter, the Secretary lations’’; (iii) in subparagraph (D), by inserting ‘‘,
shall prepare and submit to the Committee (iii) in subparagraph (B)— consistent with subparagraph (C)’’ before the
on Health, Education, Labor, and Pensions of (I) in the matter preceding clause (i)— period; and
the Senate and the Committee on Energy (aa) by striking ‘‘shall’’; and (D) by adding at the end the following:
and Commerce of the House of Representa- (bb) by inserting ‘‘that’’ after ‘‘partici- ‘‘(3) STATUTORY REFERENCES TO RESERVE.—
tives a report on the activities and outcomes pants’’; and A reference in any Federal statute, except in
of the grant programs under subsection (b).’’; (II) in clauses (i) and (ii), by striking the case of subsection (b), to the ‘Reserve
(12) by redesignating subsection (s) as sub- ‘‘that’’ each place such term appears; and Corps’ of the Public Health Service or to the
section (q); and (iv) in subparagraph (C), by striking ‘reserve’ of the Public Health Service shall
(13) in subsection (q), as so redesignated, ‘‘shall’’; and be deemed to be a reference to the Ready Re-
by striking ‘‘this section—’’ and all that fol- (C) in paragraph (3)— serve Corps.’’.
lows through the end of paragraph (2) and in- (i) by amending clause (iii) of subpara- (b) DEPLOYMENT READINESS.—Section
serting ‘‘this section $29,000,000 for each of graph (C) to read as follows: 203A(a)(1)(B) of the Public Health Service
fiscal years 2021 through 2025.’’. ‘‘(iii) how the rural underserved popu- Act (42 U.S.C. 204a(a)(1)(B)) is amended by
SEC. 4214. RURAL HEALTH CARE SERVICES OUT- lations in the local community or region to striking ‘‘Active Reserves’’ and inserting
REACH, RURAL HEALTH NETWORK be served will benefit from and be involved ‘‘Ready Reserve Corps’’.
DEVELOPMENT, AND SMALL HEALTH in the development and ongoing operations (c) RETIREMENT OF COMMISSIONED OFFI-
CARE PROVIDER QUALITY IMPROVE- of the network;’’; and CERS.—Section 211 of the Public Health Serv-
MENT GRANT PROGRAMS. (ii) in subparagraph (D), by striking ‘‘the ice Act (42 U.S.C. 212) is amended—
Section 330A of the Public Health Service local community or region’’ and inserting (1) by striking ‘‘the Service’’ each place it
Act (42 U.S.C. 254c) is amended— ‘‘the rural underserved populations in the appears and inserting ‘‘the Regular Corps’’;
(1) in subsection (d)(2)— local community or region’’; (2) in subsection (a)(4), by striking ‘‘(in the
(A) in subparagraph (A), by striking ‘‘es- (4) in subsection (g)— case of an officer in the Reserve Corps)’’;
sential’’ and inserting ‘‘basic’’; and (A) in paragraph (1)— (3) in subsection (c)—
(B) in subparagraph (B)— (i) by inserting ‘‘, including activities re- (A) in paragraph (1)—
(i) in the matter preceding clause (i), by in- lated to increasing care coordination, en- (i) by striking ‘‘or an officer of the Reserve
serting ‘‘to’’ after ‘‘grants’’; and hancing chronic disease management, and Corps’’; and
(ii) in clauses (i), (ii), and (iii), by striking improving patient health outcomes’’ before (ii) by inserting ‘‘or under section
‘‘to’’ each place such term appears; the period of the first sentence; and 221(a)(19)’’ after ‘‘subsection (a)’’; and
(2) in subsection (e)— (ii) by striking ‘‘3 years’’ and inserting ‘‘5 (B) in paragraph (2), by striking ‘‘Regular
(A) in paragraph (1)— years’’; or Reserve Corps’’ and inserting ‘‘Regular
(i) by inserting ‘‘improving and’’ after (B) in paragraph (2)— Corps or Ready Reserve Corps’’; and
‘‘outreach by’’; (i) in the matter preceding subparagraph (4) in subsection (f), by striking ‘‘the Reg-
(ii) by inserting ‘‘, through community en- (A), by inserting ‘‘shall’’ after ‘‘entity’’; ular or Reserve Corps of’’.
gagement and evidence-based or innovative, (ii) in subparagraphs (A) and (B), by strik- (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS
evidence-informed models’’ before the period ing ‘‘shall’’ each place such term appears; AND SURVIVING BENEFICIARIES.—Section 221
of the first sentence; and and of the Public Health Service Act (42 U.S.C.
(iii) by striking ‘‘3 years’’ and inserting ‘‘5 (iii) in subparagraph (A)(ii), by inserting 213a) is amended—
years’’; ‘‘or regional’’ after ‘‘local’’; and (1) in subsection (a), by adding at the end
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(B) in paragraph (2)— (C) in paragraph (3)(D), by striking ‘‘the the following:
(i) in the matter preceding subparagraph local community or region’’ and inserting ‘‘(19) Chapter 1223, Retired Pay for Non-
(A), by inserting ‘‘shall’’ after ‘‘entity’’; ‘‘the rural underserved populations in the Regular Service.
(ii) in subparagraph (A), by striking ‘‘shall local community or region’’; ‘‘(20) Section 12601, Compensation: Reserve
be a rural public or rural nonprofit private (5) in subsection (h)(3), in the matter pre- on active duty accepting from any person.
entity’’ and inserting ‘‘be an entity with ceding subparagraph (A), by inserting ‘‘, as ‘‘(21) Section 12684, Reserves: separation
demonstrated experience serving, or the ca- appropriate,’’ after ‘‘the Secretary’’; for absence without authority or sentence to
pacity to serve, rural underserved popu- (6) by amending subsection (i) to read as imprisonment.’’; and
lations’’; follows: (2) in subsection (b)—
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1849
(A) by striking ‘‘Secretary of Health, Edu- (d) DEFINITIONS.—In this section— (42 U.S.C. 17935(a)) shall apply to all disclo-
cation, and Welfare or his designee’’ and in- (1) the term ‘‘harm’’ includes physical, sures pursuant to subsection (b)(1) of this
serting ‘‘Secretary of Health and Human nonphysical, economic, and noneconomic section.’’.
Services or the designee of such secretary’’; losses; (c) DISCLOSURES OF DE-IDENTIFIED HEALTH
(B) by striking ‘‘(b) The authority vested’’ (2) the term ‘‘health care professional’’ INFORMATION TO PUBLIC HEALTH AUTHORI-
and inserting the following: means an individual who is licensed, reg- TIES.—Paragraph (2) of section 543(b) of the
‘‘(b)(1) The authority vested’’; istered, or certified under Federal or State Public Health Service Act (42 U.S.C. 290dd–
(C) by striking ‘‘For purposes of’’ and in- law to provide health care services; 2(b)), is amended by adding at the end the
serting the following: (3) the term ‘‘health care services’’ means following:
‘‘(2) For purposes of’’; and any services provided by a health care pro- ‘‘(D) To a public health authority, so long
(D) by adding at the end the following: fessional, or by any individual working as such content meets the standards estab-
‘‘(3) For purposes of paragraph (19) of sub- under the supervision of a health care profes- lished in section 164.514(b) of title 45, Code of
section (a), the terms ‘Military department’, sional that relate to— Federal Regulations (or successor regula-
‘Secretary concerned’, and ‘Armed forces’ in tions) for creating de-identified informa-
(A) the diagnosis, prevention, or treatment
such title 10 shall be deemed to include, re- tion.’’.
of COVID-19; or
spectively, the Department of Health and (d) DEFINITIONS.—Section 543 of the Public
(B) the assessment or care of the health of
Human Services, the Secretary of Health and Health Service Act (42 U.S.C. 290dd–2) is
a human being; and
Human Services, and the Commissioned amended by adding at the end the following:
Corps.’’. (4) the term ‘‘volunteer’’ means a health ‘‘(k) DEFINITIONS.—For purposes of this
(e) TECHNICAL AMENDMENTS.—Title II of care professional who, with respect to the section:
the Public Health Service Act (42 U.S.C. 202 health care services rendered, does not re- ‘‘(1) BREACH.—The term ‘breach’ has the
et seq.) is amended— ceive compensation or any other thing of meaning given such term for purposes of the
(1) in sections 204 and 207(c), by striking value in lieu of compensation, which com- HIPAA regulations.
‘‘Regular or Reserve Corps’’ each place it ap- pensation— ‘‘(2) BUSINESS ASSOCIATE.—The term ‘busi-
pears and inserting ‘‘Regular Corps or Ready (A) includes a payment under any insur- ness associate’ has the meaning given such
Reserve Corps’’; ance policy or health plan, or under any Fed- term for purposes of the HIPAA regulations.
(2) in section 208(a), by striking ‘‘Regular eral or State health benefits program; and ‘‘(3) COVERED ENTITY.—The term ‘covered
and Reserve Corps’’ each place it appears and (B) excludes receipt of items to be used ex- entity’ has the meaning given such term for
inserting ‘‘Regular Corps and Ready Reserve clusively for rendering health care services purposes of the HIPAA regulations.
Corps’’; and in the health care professional’s capacity as ‘‘(4) HEALTH CARE OPERATIONS.—The term
(3) in section 205(c), 206(c), 210, and 219, and a volunteer described in subsection (a)(1). ‘health care operations’ has the meaning
in subsections (a), (b), and (d) of section 207, (e) EFFECTIVE DATE.—This section shall given such term for purposes of the HIPAA
by striking ‘‘Reserve Corps’’ each place it ap- take effect upon the date of enactment of regulations.
pears and inserting ‘‘Ready Reserve Corps’’. this Act, and applies to a claim for harm ‘‘(5) HIPPA REGULATIONS.—The term
SEC. 4216. LIMITATION ON LIABILITY FOR VOL- only if the act or omission that caused such ‘HIPAA regulations’ has the meaning given
UNTEER HEALTH CARE PROFES- harm occurred on or after the date of enact- such term for purposes of parts 160 and 164 of
SIONALS DURING COVID-19 EMER- ment. title 45, Code of Federal Regulations.
GENCY RESPONSE. (f) SUNSET.—This section shall be in effect ‘‘(6) PAYMENT.—The term ‘payment’ has
(a) LIMITATION ON LIABILITY.—Except as only for the length of the public health the meaning given such term for purposes of
provided in subsection (b), a health care pro- emergency declared by the Secretary of the HIPAA regulations.
fessional shall not be liable under Federal or Health and Human Services (referred to in ‘‘(7) PUBLIC HEALTH AUTHORITY.—The term
State law for any harm caused by an act or this section as the ‘‘Secretary’’) pursuant to ‘public health authority’ has the meaning
omission of the professional in the provision section 319 of the Public Health Service Act given such term for purposes of the HIPAA
of health care services during the public (42 U.S.C. 247d) on January 31, 2020 with re- regulations.
health emergency declared by the Secretary spect to COVID-19.
of Health and Human Services (referred to in ‘‘(8) TREATMENT.—The term ‘treatment’
this section as the ‘‘Secretary’’) pursuant to PART III—MISCELLANEOUS PROVISIONS has the meaning given such term for pur-
section 319 of the Public Health Service Act SEC. 4221. CONFIDENTIALITY AND DISCLOSURE poses of the HIPAA regulations.
(42 U.S.C. 247d) on January 31, 2020 with re- OF RECORDS RELATING TO SUB- ‘‘(9) UNSECURED PROTECTED HEALTH INFOR-
spect to COVID-19, if— STANCE USE DISORDER. MATION.—The term ‘unprotected health in-
(1) the professional is providing health care (a) CONFORMING CHANGES RELATING TO SUB- formation’ has the meaning given such term
services in response to such public health STANCE USE DISORDER.—Subsections (a) and for purposes of the HIPAA regulations.’’.
emergency, as a volunteer; and (h) of section 543 of the Public Health Serv- (e) USE OF RECORDS IN CRIMINAL, CIVIL, OR
ice Act (42 U.S.C. 290dd–2) are each amended ADMINISTRATIVE INVESTIGATIONS, ACTIONS, OR
(2) the act or omission occurs—
by striking ‘‘substance abuse’’ and inserting PROCEEDINGS.—Subsection (c) of section 543
(A) in the course of providing health care
‘‘substance use disorder’’. of the Public Health Service Act (42 U.S.C.
services;
(b) DISCLOSURES TO COVERED ENTITIES CON- 290dd–2(c)) is amended to read as follows:
(B) in the health care professional’s capac- ‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR
ity as a volunteer; SISTENT WITH HIPAA.—Paragraph (1) of sec-
tion 543(b) of the Public Health Service Act ADMINISTRATIVE CONTEXTS.—Except as other-
(C) in the course of providing health care wise authorized by a court order under sub-
services that are within the scope of the li- (42 U.S.C. 290dd–2(b)) is amended to read as
section (b)(2)(C) or by the consent of the pa-
cense, registration, or certification of the follows:
tient, a record referred to in subsection (a),
volunteer, as defined by the State of licen- ‘‘(1) CONSENT.—The following shall apply
or testimony relaying the information con-
sure, registration, or certification; and with respect to the contents of any record
tained therein, may not be disclosed or used
(D) in a good faith belief that the indi- referred to in subsection (a): in any civil, criminal, administrative, or leg-
vidual being treated is in need of health care ‘‘(A) Such contents may be used or dis- islative proceedings conducted by any Fed-
services. closed in accordance with the prior written eral, State, or local authority, including
(b) EXCEPTIONS.—Subsection (a) does not consent of the patient with respect to whom with respect to the following activities:
apply if— such record is maintained. ‘‘(1) Such record or testimony shall not be
(1) the harm was caused by an act or omis- ‘‘(B) Once prior written consent of the pa- entered into evidence in any criminal pros-
sion constituting willful or criminal mis- tient has been obtained, such contents may ecution or civil action before a Federal or
conduct, gross negligence, reckless mis- be used or disclosed by a covered entity, State court.
conduct, or a conscious flagrant indifference business associate, or a program subject to ‘‘(2) Such record or testimony shall not
to the rights or safety of the individual this section for purposes of treatment, pay- form part of the record for decision or other-
harmed by the health care professional; or ment, and health care operations as per- wise be taken into account in any proceeding
(2) the health care professional rendered mitted by the HIPAA regulations. Any infor- before a Federal, State, or local agency.
the health care services under the influence mation so disclosed may then be redisclosed ‘‘(3) Such record or testimony shall not be
(as determined pursuant to applicable State in accordance with the HIPAA regulations. used by any Federal, State, or local agency
law) of alcohol or an intoxicating drug. Section 13405(c) of the Health Information for a law enforcement purpose or to conduct
(c) PREEMPTION.— Technology and Clinical Health Act (42 any law enforcement investigation.
(1) IN GENERAL.—This section preempts the U.S.C. 17935(c)) shall apply to all disclosures ‘‘(4) Such record or testimony shall not be
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laws of a State or any political subdivision pursuant to subsection (b)(1) of this section. used in any application for a warrant.’’.
of a State to the extent that such laws are ‘‘(C) It shall be permissible for a patient’s (f) PENALTIES.—Subsection (f) of section
inconsistent with this section, unless such prior written consent to be given once for all 543 of the Public Health Service Act (42
laws provide greater protection from liabil- such future uses or disclosures for purposes U.S.C. 290dd–2) is amended to read as follows:
ity. of treatment, payment, and health care oper- ‘‘(f) PENALTIES.—The provisions of sections
(2) VOLUNTEER PROTECTION ACT.—Protec- ations, until such time as the patient re- 1176 and 1177 of the Social Security Act shall
tions afforded by this section are in addition vokes such consent in writing. apply to a violation of this section to the ex-
to those provided by the Volunteer Protec- ‘‘(D) Section 13405(a) of the Health Infor- tent and in the same manner as such provi-
tion Act of 1997 (Public Law 105–19). mation Technology and Clinical Health Act sions apply to a violation of part C of title
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S1850 CONGRESSIONAL RECORD — SENATE March 19, 2020
XI of such Act. In applying the previous sen- practices regarding patient records referred on aging, respectively, considers appropriate
tence— to in section 543(a) of the Public Health to meet the needs of the State or area
‘‘(1) the reference to ‘this subsection’ in Service Act (42 U.S.C. 290dd–2(a)), including— served.
subsection (a)(2) of such section 1176 shall be (A) a statement of the patient’s rights, in- (c ) HOME-DELIVERED NUTRITION SERVICES
treated as a reference to ‘this subsection (in- cluding self-pay patients, with respect to WAIVER.—For purposes of State agencies de-
cluding as applied pursuant to section 543(f) protected health information and a brief de- termining the delivery of nutrition services
of the Public Health Service Act)’; and scription of how the individual may exercise under section 337 of the Older Americans Act
‘‘(2) in subsection (b) of such section 1176— these rights (as required by subsection of 1965 (42 U.S.C. 3030g), during the period of
‘‘(A) each reference to ‘a penalty imposed (b)(1)(iv) of such section 164.520); and the COVID–19 public health emergency de-
under subsection (a)’ shall be treated as a (B) a description of each purpose for which clared under section 319 of the Public Health
reference to ‘a penalty imposed under sub- the covered entity is permitted or required Service Act (42 U.S.C. 247d), the same mean-
section (a) (including as applied pursuant to to use or disclose protected health informa- ing shall be given to an individual who is un-
section 543(f) of the Public Health Service tion without the patient’s written authoriza- able to obtain nutrition because the indi-
Act)’; and tion (as required by subsection (b)(2) of such vidual is practicing social distancing due to
‘‘(B) each reference to ‘no damages ob- section 164.520). the emergency as is given to an individual
tained under subsection (d)’ shall be treated (j) RULES OF CONSTRUCTION.—Nothing in who is homebound by reason of illness.
as a reference to ‘no damages obtained under this title or the amendments made by this (d) DIETARY GUIDELINES WAIVER.—To fa-
subsection (d) (including as applied pursuant title shall be construed to limit— cilitate implementation of subparts 1 and 2
to section 543(f) of the Public Health Service (1) a patient’s right, as described in section of part C of title III of the Older Americans
Act)’.’’. 164.522 of title 45, Code of Federal Regula- Act of 1965 (42 U.S.C. 3030d–2 et seq.) during
(g) ANTIDISCRIMINATION.—Section 543 of the tions, or any successor regulation, to request any portion of the COVID-19 public health
Public Health Service Act (42 U.S.C. 290dd–2) a restriction on the use or disclosure of a emergency declared under section 319 of the
is amended by inserting after subsection (h) record referred to in section 543(a) of the Public Health Service Act (42 U.S.C. 247d),
the following: Public Health Service Act (42 U.S.C. 290dd– the Assistant Secretary shall waive the re-
‘‘(i) ANTIDISCRIMINATION.— 2(a)) for purposes of treatment, payment, or quirements for meals provided under those
‘‘(1) IN GENERAL.—No entity shall discrimi- health care operations; or subparts to comply with the requirements of
nate against an individual on the basis of in- (2) a covered entity’s choice, as described clauses (i) and (ii) of section 339(2)(A) of such
formation received by such entity pursuant in section 164.506 of title 45, Code of Federal Act (42 U.S.C. 3030g–21(2)(A)).
to an inadvertent or intentional disclosure of Regulations, or any successor regulation, to SEC. 4223. GUIDANCE ON PROTECTED HEALTH
records, or information contained in records, obtain the consent of the individual to use or INFORMATION.
described in subsection (a) in— disclose a record referred to in such section Not later than 180 days after the date of
‘‘(A) admission, access to, or treatment for 543(a) to carry out treatment, payment, or enactment of this Act, the Secretary of
health care; health care operation. Health and Human Services shall issue guid-
‘‘(B) hiring, firing, or terms of employ- (k) SENSE OF CONGRESS.—It is the sense of ance on the sharing of patients’ protected
ment, or receipt of worker’s compensation; the Congress that— health information pursuant to section
‘‘(C) the sale, rental, or continued rental of (1) any person treating a patient through a 160.103 of title 45, Code of Federal Regula-
housing; program or activity with respect to which tions (or any successor regulations) during
‘‘(D) access to Federal, State, or local the confidentiality requirements of section the public health emergency declared by the
courts; or 543 of the Public Health Service Act (42 Secretary of Health and Human Services
‘‘(E) access to, approval of, or maintenance U.S.C. 290dd–2) apply is encouraged to access under section 319 of the Public Health Serv-
of social services and benefits provided or the applicable State-based prescription drug ice Act (42 U.S.C. 247d) with respect to
funded by Federal, State, or local govern- monitoring program when clinically appro- COVID-19, during the emergency involving
ments. priate; Federal primary responsibility determined
‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- (2) patients have the right to request a re- to exist by the President under section 501(b)
cipient of Federal funds shall discriminate striction on the use or disclosure of a record of the Robert T. Stafford Disaster Relief and
against an individual on the basis of infor- referred to in section 543(a) of the Public Emergency Assistance Act (42 U.S.C. 5191(b))
mation received by such recipient pursuant Health Service Act (42 U.S.C. 290dd–2(a)) for with respect to COVID-19, and during the na-
to an intentional or inadvertent disclosure of treatment, payment, or health care oper- tional emergency declared by the President
such records or information contained in ations; under the National Emergencies Act (50
records described in subsection (a) in afford- (3) covered entities should make every rea- U.S.C. 1601 et seq.) with respect to COVID-19.
ing access to the services provided with such sonable effort to the extent feasible to com- Such guidance shall include information on
funds.’’. ply with a patient’s request for a restriction compliance with the regulations promul-
(h) NOTIFICATION IN CASE OF BREACH.—Sec- regarding such use or disclosure; gated pursuant to section 264(c) of the
tion 543 of the Public Health Service Act (42 (4) for purposes of applying section 164.501 Health Insurance Portability and Account-
U.S.C. 290dd–2), as amended by subsection of title 45, Code of Federal Regulations, the
(g), is further amended by inserting after ability Act of 1996 (42 U.S.C. 1320d–2 note)
definition of health care operations shall and applicable policies, including such poli-
subsection (i) the following:
have the meaning given such term in such cies that may come into effect during such
‘‘(j) NOTIFICATION IN CASE OF BREACH.—The
provisions of section 13402 of the HITECH section, except that clause (v) of paragraph emergencies.
Act (42 U.S.C. 17932) shall apply to a program (6) shall not apply; and SEC. 4224. REAUTHORIZATION OF HEALTHY
or activity described in subsection (a), in (5) programs creating records referred to in START PROGRAM.
case of a breach of records described in sub- section 543(a) of the Public Health Service Section 330H of the Public Health Service
section (a), to the same extent and in the Act (42 U.S.C. 290dd–2(a)) should receive posi- Act (42 U.S.C. 254c–8) is amended—
same manner as such provisions apply to a tive incentives for discussing with their pa- (1) in subsection (a)—
covered entity in the case of a breach of un- tients the benefits to consenting to share (A) in paragraph (1), by striking ‘‘, during
secured protected health information.’’. such records. fiscal year 2001 and subsequent years,’’; and
(i) REGULATIONS.— SEC. 4222. NUTRITION SERVICES. (B) in paragraph (2), by inserting ‘‘or in-
(1) IN GENERAL.—The Secretary of Health (a) DEFINITIONS.—In this section, the terms creasing above the national average’’ after
and Human Services, in consultation with ‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State ‘‘areas with high’’;
appropriate Federal agencies, shall make agency’’, and ‘‘area agency on aging’’ have (2) in subsection (b)—
such revisions to regulations as may be nec- the meanings given the terms in section 102 (A) in paragraph (1), by striking ‘‘con-
essary for implementing and enforcing the of the Older Americans Act of 1965 (42 U.S.C. sumers of project services, public health de-
amendments made by this section, such that 3002). partments, hospitals, health centers under
such amendments shall apply with respect to (b) NUTRITION SERVICES TRANSFER CRI- section 330’’ and inserting ‘‘participants and
uses and disclosures of information occur- TERIA.—During any portion of the COVID-19 former participants of project services, pub-
ring on or after the date that is 12 months public health emergency declared under sec- lic health departments, hospitals, health
after the date of enactment of this Act. tion 319 of the Public Health Service Act (42 centers under section 330, State substance
(2) EASILY UNDERSTANDABLE NOTICE OF PRI- U.S.C. 247d), the Secretary shall allow a abuse agencies’’; and
VACY PRACTICES.—Not later than 1 year after State agency or an area agency on aging, (B) in paragraph (2)—
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the date of enactment of this Act, the Sec- without prior approval, to transfer not more (i) in subparagraph (A), by striking ‘‘such
retary of Health and Human Services, in con- than 100 percent of the funds received by the as low birthweight’’ and inserting ‘‘including
sultation with appropriate legal, clinical, State agency or area agency on aging, re- poor birth outcomes (such as low birth-
privacy, and civil rights experts, shall up- spectively, and attributable to funds appro- weight and preterm birth) and social deter-
date section 164.520 of title 45, Code of Fed- priated under paragraph (1) or (2) of section minants of health’’;
eral Regulations, so that covered entities 303(b) of the Older Americans Act of 1965 (42 (ii) by redesignating subparagraph (B) as
and entities creating or maintaining the U.S.C. 3023(b)), between subpart 1 and sub- subparagraph (C);
records described in subsection (a) provide part 2 of part C (42 U.S.C. 3030d–2 et seq.) for (iii) by inserting after subparagraph (A),
notice, written in plain language, of privacy such use as the State agency or area agency the following:
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1851
‘‘(B) Communities with— perinatal outcomes among urban and rural animal drug and shall take such actions as
‘‘(i) high rates of infant mortality or poor areas in making such awards. are appropriate to expedite the development
perinatal outcomes; or ‘‘(B) Trends in the progress made toward and review of the application for approval or
‘‘(ii) high rates of infant mortality or poor meeting the evaluation criteria pursuant to conditional approval of such new animal
perinatal outcomes in specific subpopula- subsection (e)(2)(B), including programs drug.
tions within the community.’’; and which decrease infant mortality rates and ‘‘(2) ACTIONS.—The actions to expedite the
(iv) in subparagraph (C) (as so redesig- improve perinatal outcomes, programs that development and review of an application
nated)— have not decreased infant mortality rates or under paragraph (1) may include, as appro-
(I) by redesignating clauses (i) and (ii) as improved perinatal outcomes, and programs priate—
clauses (ii) and (iii), respectively; that have made an impact on disparities in ‘‘(A) taking steps to ensure that the design
(II) by inserting before clause (ii) (as so re- infant mortality or perinatal outcomes. of clinical trials is as efficient as prac-
designated) the following: ‘‘(C) The ability of grantees to improve ticable, when scientifically appropriate, such
‘‘(i) collaboration with the local commu- health outcomes for project participants, as by utilizing novel trial designs or drug de-
nity in the development of the project;’’; promote the awareness of the Healthy Start velopment tools (including biomarkers) that
(III) in clause (ii) (as so redesignated), by program services, incorporate and promote may reduce the number of animals needed
striking ‘‘and’’ at the end; family participation, facilitate coordination for studies;
(IV) in clause (iii) (as so redesignated), by with the community in which the grantee is ‘‘(B) providing timely advice to, and inter-
striking the period and inserting ‘‘; and’’; located, and increase grantee accountability active communication with, the sponsor
and through quality improvement, performance (which may include meetings with the spon-
(V) by adding at the end the following: monitoring, evaluation, and the effect such sor and review team) regarding the develop-
‘‘(iv) the use and collection of data dem- metrics may have toward decreasing the rate ment of the new animal drug to ensure that
onstrating the effectiveness of such program of infant mortality and improving perinatal the development program to gather the non-
in decreasing infant mortality rates and im- outcomes. clinical and clinical data necessary for ap-
proving perinatal outcomes, as applicable, or ‘‘(D) The extent to which such Federal pro- proval is as efficient as practicable;
the process by which new applicants plan to grams are coordinated across agencies and ‘‘(C) involving senior managers and review
collect this data.’’; the identification of opportunities for im- staff with experience in zoonotic or vector-
(3) in subsection (c)— proved coordination in such Federal pro- borne disease to facilitate collaborative,
(A) by striking ‘‘Recipients of grants’’ and grams and activities.’’. cross-disciplinary review, including, as ap-
inserting the following: Subtitle C—Innovation propriate, across agency centers; and
‘‘(1) IN GENERAL.—Recipients of grants’’; SEC. 4301. REMOVING THE CAP ON OTA. ‘‘(D) implementing additional administra-
and Section 319L(c)(5)(A)(ii) of the Public tive or process enhancements, as necessary,
(B) by adding at the end the following: Health Service Act (42 U.S.C. 247d– to facilitate an efficient review and develop-
‘‘(2) OTHER PROGRAMS.—The Secretary 7e(c)(5)(A)(ii)) is amended to read as follows: ment program.’’.
shall ensure coordination of the program ‘‘(ii) LIMITATIONS ON AUTHORITY.—To the Subtitle D—Finance Committee
carried out pursuant to this section with maximum extent practicable, competitive SEC. 4401. EXEMPTION FOR TELEHEALTH SERV-
other programs and activities related to the procedures shall be used when entering into ICES.
reduction of the rate of infant mortality and transactions to carry out projects under this (a) IN GENERAL.—Paragraph (2) of section
improved perinatal and infant health out- subsection.’’. 223(c) of the Internal Revenue Code of 1986 is
comes supported by the Department.’’; amended by adding at the end the following
SEC. 4302. EXTENDING THE PRIORITY REVIEW
(4) in subsection (e)— PROGRAM FOR AGENTS THAT new subparagraph:
(A) in paragraph (1), by striking ‘‘appro- PRESENT NATIONAL SECURITY ‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCT-
priated—’’ and all that follows through the THREATS. IBLE FOR TELEHEALTH.—In the case of plan
end and inserting ‘‘appropriated $122,500,000 Section 565A of the Federal Food, Drug, years beginning on or before December 31,
for each of fiscal years 2020 through 2024.’’; and Cosmetic Act (21 U.S.C. 360bbb–4a) is 2021, a plan shall not fail to be treated as a
and amended by striking subsection (g). high deductible health plan by reason of fail-
(B) in paragraph (2)(B), by adding at the SEC. 4303. PRIORITY ZOONOTIC ANIMAL DRUGS. ing to have a deductible for telehealth and
end the following: ‘‘Evaluations may also in- Chapter V of the Federal Food, Drug, and other remote care services.’’.
clude, to the extent practicable, information Cosmetic Act (21 U.S.C. 351 et seq.) is amend- (b) CERTAIN COVERAGE DISREGARDED.—
related to— ed by inserting after section 512 the fol- Clause (ii) of section 223(c)(1)(B) of the Inter-
‘‘(i) progress toward achieving any grant lowing: nal Revenue Code of 1986 is amended by
metrics or outcomes related to reducing in- ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. striking ‘‘or long-term care’’ and inserting
fant mortality rates, improving perinatal ‘‘(a) IN GENERAL.—The Secretary shall, at ‘‘long-term care, or (in the case of plan years
outcomes, or reducing the disparity in the request of the sponsor intending to sub- beginning on or before December 31, 2021)
health status; mit an application for approval of a new ani- telehealth and other remote care’’.
‘‘(ii) recommendations on potential im- mal drug under section 512(b)(1) or an appli- (c) EFFECTIVE DATE.—The amendments
provements that may assist with addressing cation for conditional approval of a new ani- made by this section shall take effect on the
gaps, as applicable and appropriate; and mal drug under section 571, expedite the de- date of the enactment of this Act.
‘‘(iii) the extent to which the grantee co- velopment and review of such new animal SEC. 4402. INCLUSION OF CERTAIN OVER-THE-
ordinated with the community in which the drug if preliminary clinical evidence indi- COUNTER MEDICAL PRODUCTS AS
grantee is located in the development of the cates that the new animal drug, alone or in QUALIFIED MEDICAL EXPENSES.
project and delivery of services, including combination with 1 or more other animal (a) HSAS.—Section 223(d)(2) of the Internal
with respect to technical assistance and drugs, has the potential to prevent or treat a Revenue Code of 1986 is amended—
mentorship programs.’’; and zoonotic disease in animals, including a vec- (1) by striking the last sentence of sub-
(5) by adding at the end the following: tor borne-disease, that has the potential to paragraph (A) and inserting the following:
‘‘(f) GAO REPORT.— cause serious adverse health consequences ‘‘For purposes of this subparagraph, amounts
‘‘(1) IN GENERAL.—Not later than 4 years for, or serious or life-threatening diseases in, paid for menstrual care products shall be
after the date of the enactment of this sub- humans. treated as paid for medical care.’’; and
section, the Comptroller General of the ‘‘(b) REQUEST FOR DESIGNATION.—The spon- (2) by adding at the end the following new
United States shall conduct an independent sor of a new animal drug may request the subparagraph:
evaluation, and submit to the appropriate Secretary to designate a new animal drug de- ‘‘(D) MENSTRUAL CARE PRODUCT.—For pur-
Committees of Congress a report, concerning scribed in subsection (a) as a priority poses of this paragraph, the term ‘menstrual
the Healthy Start program under this sec- zoonotic animal drug. A request for the des- care product’ means a tampon, pad, liner,
tion. ignation may be made concurrently with, or cup, sponge, or similar product used by indi-
‘‘(2) EVALUATION.—In conducting the eval- at any time after, the opening of an inves- viduals with respect to menstruation or
uation under paragraph (1), the Comptroller tigational new animal drug file under sec- other genital-tract secretions.’’.
General shall consider, as applicable and ap- tion 512(j) or the filing of an application (b) ARCHER MSAS.—Section 220(d)(2)(A) of
propriate, information from the evaluations under section 512(b)(1) or 571. such Code is amended by striking the last
under subsection (e)(2)(B). ‘‘(c) DESIGNATION.— sentence and inserting the following: ‘‘For
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‘‘(3) REPORT.—The report described in para- ‘‘(1) IN GENERAL.—Not later than 60 cal- purposes of this subparagraph, amounts paid
graph (1) shall review, assess, and provide endar days after the receipt of a request for menstrual care products (as defined in
recommendations, as appropriate, on the fol- under subsection (b), the Secretary shall de- section 223(d)(2)(D)) shall be treated as paid
lowing: termine whether the new animal drug that is for medical care.’’.
‘‘(A) The allocation of Healthy Start pro- the subject of the request meets the criteria (c) HEALTH FLEXIBLE SPENDING ARRANGE-
gram grants by the Health Resources and described in subsection (a). If the Secretary MENTS AND HEALTH REIMBURSEMENT AR-
Services Administration, including consider- determines that the new animal drug meets RANGEMENTS.—Section 106 of such Code is
ations made by such Administration regard- the criteria, the Secretary shall designate amended by striking subsection (f) and in-
ing disparities in infant mortality or the new animal drug as a priority zoonotic serting the following new subsection:
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S1852 CONGRESSIONAL RECORD — SENATE March 19, 2020
‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE (d) REPORTING OF DIRECT PRIMARY CARE methods that apply under this subsection to
PRODUCTS.—For purposes of this section and SERVICE ARRANGEMENT FEES ON W–2.—Sec- a Federally qualified health center or rural
section 105, expenses incurred for menstrual tion 6051(a) of such Code is amended by strik- health clinic that serves as a distant site
care products (as defined in section ing ‘‘and’’ at the end of paragraph (16), by that furnishes a telehealth service to an eli-
223(d)(2)(D)) shall be treated as incurred for striking the period at the end of paragraph gible telehealth individual during such emer-
medical care.’’. (17) and inserting ‘‘, and’’, and by inserting gency period. Such payment methods shall
(d) EFFECTIVE DATES.— after paragraph (17) the following new para- be based on a composite rate that is similar
(1) DISTRIBUTIONS FROM SAVINGS AC- graph: to the payment that applies to payment for
COUNTS.—The amendment made by sub- ‘‘(18) in the case of a direct primary care comparable telehealth services under the
sections (a) and (b) shall apply to amounts service arrangement (as defined in section physician fee schedule under section 1848.
paid after December 31, 2019. 223(c)(1)(D)(ii)) which is provided in connec- Notwithstanding any other provision of law,
(2) REIMBURSEMENTS.—The amendment tion with employment, the aggregate fees for the Secretary may implement such payment
made by subsection (c) shall apply to ex- such arrangement for such employee.’’. methods through program instruction or
penses incurred after December 31, 2019. (e) EFFECTIVE DATE.—The amendments otherwise.’’.
SEC. 4403. TREATMENT OF DIRECT PRIMARY made by this section shall apply to months SEC. 4406. TEMPORARY WAIVER OF REQUIRE-
CARE SERVICE ARRANGEMENTS. beginning after December 31, 2019, in taxable MENT FOR FACE-TO-FACE VISITS BE-
(a) IN GENERAL.—Section 223(c)(1) of the In- years ending after such date. TWEEN HOME DIALYSIS PATIENTS
ternal Revenue Code of 1986 is amended by SEC. 4404. INCREASING MEDICARE TELEHEALTH AND PHYSICIANS.
adding at the end the following new subpara- FLEXIBILITIES DURING EMERGENCY Section 1881(b)(3)(B) of the Social Security
graph: PERIOD. Act (42 U.S.C. 1395rr(b)(3)(B)) is amended—
‘‘(D) TREATMENT OF DIRECT PRIMARY CARE Section 1135 of the Social Security Act (42 (1) in clause (i), by striking ‘‘clause (ii)’’
SERVICE ARRANGEMENTS.— U.S.C. 1320b–5) is amended— and inserting ‘‘clauses (ii) and (iii)’’;
‘‘(i) IN GENERAL.—A direct primary care (1) in subsection (b)(8), by striking ‘‘to an (2) in clause (ii), in the matter preceding
service arrangement shall not be treated as a individual by a qualified provider (as defined subclause (I), by striking ‘‘Clause (i)’’ and in-
health plan for purposes of subparagraph in subsection (g)(3))’’ and all that follows serting ‘‘Except as provided in clause (iii),
(A)(ii). through the period and inserting ‘‘, the re- clause (i)’’; and
‘‘(ii) DIRECT PRIMARY CARE SERVICE AR- quirements of section 1834(m).’’; and (3) by adding at the end the following new
RANGEMENT.—For purposes of this para-
(2) in subsection (g), by striking paragraph clause:
graph— (3). ‘‘(iii) The Secretary may waive the provi-
‘‘(I) IN GENERAL.—The term ‘direct primary SEC. 4405. ENHANCING MEDICARE TELEHEALTH sions of clause (ii) during the emergency pe-
SERVICES FOR FEDERALLY QUALI- riod described in section 1135(g)(1)(B).’’.
care service arrangement’ means, with re- FIED HEALTH CENTERS AND RURAL
spect to any individual, an arrangement HEALTH CLINICS DURING EMER- SEC. 4407. IMPROVING CARE PLANNING FOR
under which such individual is provided med- GENCY PERIOD. MEDICARE HOME HEALTH SERV-
ICES.
ical care (as defined in section 213(d)) con- Section 1834(m) of the Social Security Act
sisting solely of primary care services pro- (42 U.S.C. 1395m(m)) is amended— (a) PART A PROVISIONS.—Section 1814(a) of
vided by primary care practitioners (as de- the Social Security Act (42 U.S.C. 1395f(a)) is
(1) in the first sentence of paragraph (1), by
fined in section 1833(x)(2)(A) of the Social Se- amended—
striking ‘‘The Secretary’’ and inserting
curity Act, determined without regard to (1) in paragraph (2)—
‘‘Subject to paragraph (8), the Secretary’’;
clause (ii) thereof), if the sole compensation (2) in paragraph (2)(A), by striking ‘‘The (A) in the matter preceding subparagraph
for such care is a fixed periodic fee. Secretary’’ and inserting ‘‘Subject to para- (A), by inserting ‘‘, a nurse practitioner or
‘‘(II) LIMITATION.—With respect to any in- graph (8), the Secretary’’; clinical nurse specialist (as such terms are
dividual for any month, such term shall not (3) in paragraph (4)— defined in section 1861(aa)(5)) who is working
include any arrangement if the aggregate (A) in subparagraph (A), by striking ‘‘The in accordance with State law, or a physician
fees for all direct primary care service ar- term’’ and inserting ‘‘Subject to paragraph assistant (as defined in section 1861(aa)(5))
rangements (determined without regard to (8), the term’’; and under the supervision of a physician, who is’’
this subclause) with respect to such indi- (B) in subparagraph (F)(i), by striking after ‘‘in the case of services described in
vidual for such month exceed $150 (twice ‘‘The term’’ and inserting ‘‘Subject to para- subparagraph (C), a physician’’; and
such dollar amount in the case of an indi- graph (8), the term’’; and (B) in subparagraph (C)—
vidual with any direct primary care service (4) by adding at the end the following new (i) by inserting ‘‘, a nurse practitioner, a
arrangement (as so determined) that covers paragraph: clinical nurse specialist, or a physician as-
more than one individual). ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR sistant (as the case may be)’’ after ‘‘physi-
‘‘(iii) CERTAIN SERVICES SPECIFICALLY EX- FEDERALLY QUALIFIED HEALTH CENTERS AND cian’’ the first 2 times it appears; and
CLUDED FROM TREATMENT AS PRIMARY CARE RURAL HEALTH CLINICS DURING EMERGENCY PE- (ii) by striking ‘‘, and, in the case of a cer-
SERVICES.—For purposes of this paragraph, RIOD.— tification made by a physician’’ and all that
the term ‘primary care services’ shall not in- ‘‘(A) IN GENERAL.—During the emergency follows through ‘‘face-to-face encounter’’ and
clude— period described in section 1135(g)(1)(B)— inserting ‘‘, and, in the case of a certification
‘‘(I) procedures that require the use of gen- ‘‘(i) the Secretary shall pay for telehealth made by a physician after January 1, 2010, or
eral anesthesia, and services that are furnished via a tele- by a nurse practitioner, clinical nurse spe-
‘‘(II) laboratory services not typically ad- communications system by a Federally cialist, or physician assistant (as the case
ministered in an ambulatory primary care qualified health center or a rural health clin- may be) after a date specified by the Sec-
setting. ic to an eligible telehealth individual en- retary (but in no case later than the date
The Secretary, after consultation with the rolled under this part notwithstanding that that is 6 months after the date of the enact-
Secretary of Health and Human Services, the Federally qualified health center or ment of the CARES Act), prior to making
shall issue regulations or other guidance re- rural clinic providing the telehealth service such certification a physician, nurse practi-
garding the application of this clause.’’. is not at the same location as the bene- tioner, clinical nurse specialist, or physician
(b) DIRECT PRIMARY CARE SERVICE AR- ficiary; assistant must document that a physician,
RANGEMENT FEES TREATED AS MEDICAL EX- ‘‘(ii) the amount of payment to a Federally nurse practitioner, clinical nurse specialist,
PENSES.—Section 223(d)(2)(C) is amended by qualified health center or rural health clinic or physician assistant has had a face-to-face
striking ‘‘or’’ at the end of clause (iii), by that serves as a distant site for such a tele- encounter’’;
striking the period at the end of clause (iv) health service shall be determined under (2) in the third sentence—
and inserting ‘‘, or’’, and by adding at the subparagraph (B); and (A) by striking ‘‘physician certification’’
end the following new clause: ‘‘(iii) for purposes of this subsection— and inserting ‘‘certification’’;
‘‘(v) any direct primary care service ar- ‘‘(I) the term ‘distant site’ includes a Fed- (B) by inserting ‘‘(or in the case of regula-
rangement.’’. erally qualified health center or rural health tions to implement the amendments made
(c) INFLATION ADJUSTMENT.—Section clinic that furnishes a telehealth service to by section 4407 of the CARES Act, the Sec-
223(g)(1) of such Code is amended— an eligible telehealth individual; and retary shall prescribe regulations, which
(1) by inserting ‘‘, (c)(1)(D)(ii)(II),’’ after ‘‘(II) the term ‘telehealth services’ includes shall become effective no later than 6
‘‘(b)(2),’’ each place such term appears, and a rural health clinic service or Federally months after the enactment of such Act))’’
(2) in subparagraph (B), by inserting ‘‘and qualified health center service that is fur- after ‘‘1981’’; and
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(iii)’’ after ‘‘clause (ii)’’ in clause (i), by nished using telehealth to the extent that (C) by striking ‘‘a physician who’’ and in-
striking ‘‘and’’ at the end of clause (i), by payment codes corresponding to services serting ‘‘a physician, nurse practitioner,
striking the period at the end of clause (ii) identified by the Secretary under clause (i) clinical nurse specialist, certified nurse-mid-
and inserting ‘‘, and’’, and by inserting after or (ii) of paragraph (4)(F) are listed on the wife, or physician assistant who’’; and
clause (ii) the following new clause: corresponding claim for such rural health (3) in the fourth sentence, by inserting ‘‘,
‘‘(iii) in the case of the dollar amount in clinic service or Federally qualified health nurse practitioner, clinical nurse specialist,
subsection (c)(1)(D)(ii)(II) for taxable years center service. certified nurse-midwife, or physician assist-
beginning in calendar years after 2020, ‘cal- ‘‘(B) SPECIAL PAYMENT RULE.—The Sec- ant’’ after ‘‘physician’’; and
endar year 2019’.’ ’’’. retary shall develop and implement payment (4) in the fifth sentence—
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1853
(A) by inserting ‘‘or no later than six defined in subsection (aa)(5)), or a physician (1) in subparagraph (B), in the matter pre-
months after the enactment of this legisla- assistant (as defined in subsection (aa)(5))’’ ceding clause (i), by striking ‘‘through 2029’’
tion for purposes of documentation for cer- after ‘‘physician’’ the first place it appears; and inserting ‘‘through 2030’’; and
tification and recertification made under and (2) in subparagraph (C), in the matter pre-
paragraph (2) by a nurse practitioner, clin- (ii) by inserting ‘‘, a nurse practitioner, a ceding clause (i), by striking ‘‘fiscal year
ical nurse specialist, certified nurse-midwife, clinical nurse specialist, or a physician as- 2029’’ and inserting ‘‘fiscal year 2030’’.
or physician assistant,’’; and sistant’’ after ‘‘physician’’ the second place SEC. 4409. MEDICARE HOSPITAL INPATIENT PRO-
(B) by inserting ‘‘, nurse practitioner, clin- it appears; and SPECTIVE PAYMENT SYSTEM ADD-
ical nurse specialist, certified nurse-midwife, (B) in paragraph (3), by inserting ‘‘, a nurse ON PAYMENT FOR COVID–19 PA-
or physician assistant’’ after ‘‘of the physi- practitioner, a clinical nurse specialist, or a TIENTS DURING EMERGENCY PE-
cian’’. RIOD.
physician assistant’’ after ‘‘physician’’.
(b) PART B PROVISIONS.—Section 1835(a) of (2) HOME HEALTH AGENCY.—Section (a) IN GENERAL.—Section 1886(d)(4)(C) of
the Social Security Act (42 U.S.C. 1395n(a)) is 1861(o)(2) of the Social Security Act (42 the Social Security Act (42 U.S.C.
amended— U.S.C. 1395x(o)(2)) is amended— 1395ww(d)(4)(C)) is amended by adding at the
(1) in paragraph (2)— (A) by inserting ‘‘, nurse practitioners or end the following new clause:
(A) in the matter preceding subparagraph clinical nurse specialists (as those terms are ‘‘(iv)(I) For discharges occurring during
(A), by inserting ‘‘, a nurse practitioner or defined in subsection (aa)(5)), certified nurse- the emergency period described in section
clinical nurse specialist (as those terms are midwives (as defined in subsection (gg)), or 1135(g)(1)(B), in the case of a discharge that
defined in section 1861(aa)(5)) who is working physician assistants (as defined in subsection has a principal or secondary diagnosis of
in accordance with State law, or a physician (aa)(5))’’ after ‘‘physicians’’; and COVID–19, the Secretary shall increase the
assistant (as defined in section 1861(aa)(5)) (B) by inserting ‘‘, nurse practitioner, clin- weighting factor for each diagnosis-related
under the supervision of a physician, who is’’ ical nurse specialist, certified nurse-midwife, group (with such a principal or secondary di-
after ‘‘in the case of services described in physician assistant,’’ after ‘‘physician’’. agnosis) by 15 percent.
subparagraph (C), a physician’’; and (3) COVERED OSTEOPOROSIS DRUG.—Section ‘‘(II) Any adjustment under subclause (I)
(B) in subparagraph (A)— 1861(kk)(1) of the Social Security Act (42 shall not be taken into account in applying
(i) in each of clauses (ii) and (iii) of sub- U.S.C. 1395x(kk)(1)) is amended by inserting budget neutrality under clause (iii).’’.
paragraph (A) by inserting ‘‘, a nurse practi- ‘‘, nurse practitioner or clinical nurse spe- (b) IMPLEMENTATION.—Notwithstanding
tioner, a clinical nurse specialist, or a physi- any other provision of law, the Secretary
cialist (as those terms are defined in sub-
cian assistant (as the case may be)’’ after may implement the amendment made by
section (aa)(5)), certified nurse-midwive (as
‘‘physician’’; and subsection (a) by program instruction or oth-
defined in subsection (gg)), or physician as-
(ii) in clause (iv), by striking ‘‘after Janu- erwise.
sistant (as defined in subsection 1820(aa)(5))’’
ary 1, 2010’’ and all that follows through SEC. 4410. REVISING PAYMENT RATES FOR DURA-
after ‘‘attending physician’’.
‘‘face-to-face encounter’’ and inserting BLE MEDICAL EQUIPMENT UNDER
‘‘made by a physician after January 1, 2010, (d) HOME HEALTH PROSPECTIVE PAYMENT THE MEDICARE PROGRAM
or by a nurse practitioner, clinical nurse spe- SYSTEM PROVISIONS.—Section 1895 of the So- THROUGH DURATION OF EMER-
cialist, or physician assistant (as the case cial Security Act (42 U.S.C. 1395fff) is amend- GENCY PERIOD.
may be) after a date specified by the Sec- ed— (a) RURAL AND NONCONTIGUOUS AREAS.—
retary (but in no case later than the date (1) in subsection (c)(1)— The Secretary of Health and Human Services
that is 6 months after the date of the enact- (A) by striking ‘‘(provided under section shall implement section 414.210(g)(9)(iii) of
ment of the CARES Act), prior to making 1842(r))’’; and title 42, Code of Federal Regulations (or any
such certification a physician, nurse practi- (B) by inserting ‘‘the 1 nurse practitioner successor regulation), to apply the transition
tioner, clinical nurse specialist, certified or clinical nurse specialist (as those terms rule described in such section to all applica-
nurse-midwife, or physician assistant must are defined in section 1861(aa)(5)), or the phy- ble items and services furnished in rural
document that a physician, nurse practi- sician assistant (as defined in section areas and noncontiguous areas (as such
tioner, clinical nurse specialist, or physician 1861(aa)(5))’’ after ‘‘physician’’; and terms are defined for purposes of such sec-
assistant has had a face-to-face encounter’’; (2) in subsection (e)— tion) as planned through December 31, 2020,
(2) in the third sentence, by inserting ‘‘, (A) in paragraph (1)(A), by inserting ‘‘or a and through the duration of the emergency
nurse practitioner, clinical nurse specialist, nurse practitioner or clinical nurse spe- period described in section 1135(g)(1)(B) of
or physician assistant (as the case may be)’’ cialist (as those terms are defined in section the Social Security Act (42 U.S.C. 1320b–
after physician; 1861(aa)(5))’’ after ‘‘physician’’; and 5(g)(1)(B)), if longer.
(3) in the fourth sentence— (B) in paragraph (2)— (b) AREAS OTHER THAN RURAL AND NON-
(A) by striking ‘‘physician certification’’ (i) in the heading, by striking ‘‘PHYSICIAN CONTIGUOUS AREAS.—With respect to items
and inserting ‘‘certification’’; CERTIFICATION’’ and inserting ‘‘RULE OF CON- and services furnished on or after the date
(B) by inserting ‘‘(or in the case of regula- STRUCTION REGARDING REQUIREMENT FOR CER- that is 30 days after the date of the enact-
tions to implement the amendments made TIFICATION’’; and ment of this Act, the Secretary of Health
by section 4407 of the CARES Act the Sec- (ii) by striking ‘‘physician’’. and Human Services shall apply section
retary shall prescribe regulations which (e) APPLICATION TO MEDICAID.—The amend- 414.210(g)(9)(iv) of title 42, Code of Federal
shall become effective no later than 6 ments made under this section shall apply Regulations (or any successor regulation), as
months after the enactment of such Act))’’ under title XIX of the Social Security Act in if the reference to ‘‘dates of service from
after ‘‘1981’’; and the same manner and to the same extent as June 1, 2018 through December 31, 2020, based
(C) by striking ‘‘a physician who’’ and in- such requirements apply under title XVIII of on the fee schedule amount for the area is
serting ‘‘a physician, nurse practitioner, such Act or regulations promulgated there- equal to 100 percent of the adjusted payment
clinical nurse specialist, or physician assist- under. amount established under this section’’ were
ant who’’; (f) EFFECTIVE DATE.—The Secretary of instead a reference to ‘‘dates of service from
(4) in the fifth sentence, by inserting ‘‘, Health and Human Services shall prescribe March 6, 2020, through the remainder of the
nurse practitioner, clinical nurse specialist, regulations to apply the amendments made duration of the emergency period described
or physician assistant’’ after ‘‘physician’’; by this section to items and services fur- in section 1135(g)(1)(B) of the Social Security
and nished, which shall become effective no later Act (42 U.S.C. 1320b–5(g)(1)(B)), based on the
(5) in the sixth sentence— than six months after the enactment of this fee schedule amount for the area is equal to
(A) by inserting ‘‘or no later than six legislation. The Secretary shall promulgate 75 percent of the adjusted payment amount
months after the enactment of this legisla- an interim final rule if necessary, to comply established under this section and 25 percent
tion for purposes of documentation for cer- with the required effective date. of the unadjusted fee schedule amount’’.
tification and recerification made under SEC. 4411. PROVIDING HOME AND COMMUNITY-
SEC. 4408. ADJUSTMENT OF SEQUESTRATION.
paragraph (2) by a nurse practitioner, clin- BASED SERVICES IN ACUTE CARE
ical nurse specialist, certified nurse-midwife, (a) TEMPORARY SUSPENSION OF MEDICARE HOSPITALS.
or physician assistant,’’ after ‘‘January 1, SEQUESTRATION.—During the period begin- Section 1902(h) of the Social Security Act
2019’’; and ning on May 1, 2020 and ending on December (42 U.S.C. 1396a(h)) is amended—
(B) by inserting ‘‘, nurse practitioner, clin- 31, 2020, the Medicare programs under title (1) by inserting ‘‘(1)’’ after ‘‘(h)’’;
ical nurse specialist, certified nurse-midwife, XVIII of the Social Security Act (42 U.S.C. (2) by inserting ‘‘, home and community-
1395 et seq.) shall be exempt from reduction
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or physician assistant’’ after ‘‘of the physi- based services provided under subsection (c),
cian’’. under any sequestration order issued before, (d), or (i) of section 1915 or under a waiver
(c) DEFINITION PROVISIONS.— on, or after the date of enactment of this under section 1115, self-directed personal as-
(1) HOME HEALTH SERVICES.—Section Act. sistance services provided pursuant to a
1861(m) of the Social Security Act (42 U.S.C. (b) EXTENSION OF DIRECT SPENDING REDUC- written plan of care under section 1915(j),
1395x(m)) is amended— TIONS THROUGH FISCAL YEAR 2030.—Section and home and community-based attendant
(A) in the matter preceding paragraph (1)— 251A(6) of the Balanced Budget and Emer- services and supports under section 1915(k)’’
(i) by inserting ‘‘, a nurse practitioner or a gency Deficit Control Act of 1985 (2 U.S.C. before the period; and
clinical nurse specialist (as those terms are 901a(6)) is amended— (3) by adding at the end the following:
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S1854 CONGRESSIONAL RECORD — SENATE March 19, 2020
‘‘(2) Nothing in this title, title XVIII, or is amended by adding at the end the fol- vention or the Antimicrobial Stewardship
title XI shall be construed as prohibiting re- lowing new subparagraph: Standard set by the Joint Commission; and
ceipt of any care or services specified in ‘‘(M)(i)(I) In the case of discharges occur- ‘‘(II) apply to discharges occurring on or
paragraph (1) in an acute care hospital that ring on or after October 1, 2021, and before after October 1 of the year in which the drug
are— October 1, 2026, subject to subclause (II), the or biological product is designated by the
‘‘(A) identified in an individual’s person- Secretary shall, after notice and opportunity Secretary as a DISARM antimicrobial drug.
centered plan of services and supports (or for public comment (in the publications re- ‘‘(iv)(I) The mechanism established pursu-
comparable plan of care); quired by subsection (e)(5) for a fiscal year or ant to clause (i) shall provide for a process
‘‘(B) provided to meet needs of the indi- otherwise), provide for an additional pay- for—
vidual that are not met through the provi- ment under a mechanism (separate from the ‘‘(aa) a manufacturer or sponsor of a drug
sion of hospital services; mechanism established under subparagraph or biological product to request the Sec-
‘‘(C) not a substitute for services that the (K)), with respect to such discharges involv- retary to designate the drug or biological
hospital is obligated to provide through its ing any DISARM antimicrobial drug, in an product as a DISARM antimicrobial drug;
conditions of participation or under Federal amount equal to— and
or State law; and ‘‘(aa) the amount payable under section ‘‘(bb) the designation by the Secretary of
‘‘(D) designed to ensure smooth transitions 1847A for such drug during the calendar quar- drugs and biological products as DISARM
between acute care settings and home and ter in which the discharge occurred; or antimicrobial drugs.
community-based settings, and to preserve ‘‘(bb) if no amount for such drug is deter- ‘‘(II) A designation of a drug or biological
the individual’s functions.’’. mined under section 1847A, an amount to be product as a DISARM antimicrobial drug
SEC. 4412. TREATMENT OF TECHNOLOGY-EN- determined by the Secretary in a manner may be revoked by the Secretary if the Sec-
ABLED COLLABORATIVE LEARNING similar to the manner in which payment retary determines that—
AND CAPACITY BUILDING MODELS amounts are determined under section 1847A ‘‘(aa) the drug or biological product no
AS MEDICAL ASSISTANCE. based on information submitted by the man- longer meets the requirements for a DIS-
Section 1915 of the Social Security Act (42 ufacturer or sponsor of such drug (as re- ARM antimicrobial drug under clause (ii);
U.S.C. 1396n) is amended by adding at the quired under clause (v)). ‘‘(bb) the request for such designation con-
end the following: ‘‘(II) In determining the amount payable tained an untrue statement of material fact;
‘‘(m) TECHNOLOGY-ENABLED COLLABORATIVE under section 1847A for purposes of items or
LEARNING AND CAPACITY BUILDING MODELS.— (aa) and (bb) of subclause (I), subparagraphs ‘‘(cc) clinical or other information that
‘‘(1) IN GENERAL.—A State may provide, as (A) and (B) of subsection (b)(1) of such sec- was not available to the Secretary at the
medical assistance, a technology-enabled tion shall be applied by substituting ‘100 per- time such designation was made shows
collaborative learning and capacity building cent’ for ‘106 percent’ each place it appears that—
model used by a provider participating under and paragraph (8)(B) of such section shall be ‘‘(AA) such drug or biological product is
the State plan (or a waiver of such plan) applied by substituting ‘0 percent’ for ‘6 per- unsafe for use or not shown to be safe for use
without regard to the requirements of sec- cent’. for individuals who are entitled to benefits
tion 1902(a)(1) (relating to statewideness), ‘‘(ii) For purposes of this subparagraph, a under part A; or
section 1902(a)(10)(B) (relating to com- DISARM antimicrobial drug is— ‘‘(BB) an alternative to such drug or bio-
parability), and section 1902(a)(23) (relating ‘‘(I) a drug— logical product is an advance that substan-
to freedom of choice of providers). ‘‘(aa) that— tially improves the diagnosis or treatment of
‘‘(2) REQUIREMENTS.—A State shall be eligi- ‘‘(AA) is approved by the Food and Drug such individuals.
ble for Federal financial assistance for pro- Administration; ‘‘(III) Not later than October 1, 2021, and
viding such medical assistance under the fol- ‘‘(BB) is designated by the Food and Drug annually thereafter through October 1, 2025,
lowing conditions: Administration as a qualified infectious dis- the Secretary shall publish in the Federal
‘‘(A) A participating provider uses the ease product under subsection (d) of section Register a list of the DISARM antimicrobial
technology-enabled collaborative learning 505E of the Federal Food, Drug, and Cos- drugs designated under this subparagraph
and capacity building model to train health metic Act; and pursuant to the process established under
professionals (which may include medical ‘‘(CC) has received an extension of its ex- clause (iv)(I)(bb).
students) in protocols for responding to a clusivity period pursuant to subsection (a) of ‘‘(v)(I) For purposes of determining addi-
public health emergency during an emer- tional payment amounts under clause (i), a
such section; and
gency period, including any period relating manufacturer or sponsor of a drug or biologi-
‘‘(bb) that has been designated by the Sec-
to an outbreak of coronavirus disease 2019 cal product that submits a request described
retary pursuant to the process established
(COVID–19). in clause (iv)(I)(aa) shall submit to the Sec-
under clause (iv)(I)(bb); or
‘‘(B) In accordance with section 1902(a)(25), retary information described in section
‘‘(II) an antibacterial or antifungal biologi- 1927(b)(3)(A)(iii).
there are no other third parties liable to pay
cal product— ‘‘(II) The penalties for failure to provide
for the use of such model by a participating
‘‘(aa) that is licensed for use, or an anti- timely information under clause (i) of sub-
provider, including as reimbursement under
bacterial or antifungal biological product for paragraph (C) of section 1927(b)(3) and for
a medical, social, educational, or other pro-
which an indication is first licensed for use, providing false information under clause (ii)
gram.
‘‘(C) The State allocates the costs of any by the Food and Drug Administration on or of such subparagraph shall apply to manu-
part of the use such model which is reim- after June 5, 2014, under section 351(a) of the facturers and sponsors of a drug or biological
bursable under another federally funded pro- Public Health Service Act for human use to product under this section with respect to
gram in accordance with OMB Circular A–87 treat serious or life-threatening infections, information under subclause (I) in the same
(or any related or successor guidance or reg- as determined by the Food and Drug Admin- manner as such penalties apply to manufac-
ulations regarding allocation of costs among istration, including those caused by, or like- turers under such clauses with respect to in-
federally funded programs) under an ap- ly to be caused by— formation under subparagraph (A) of such
proved cost allocation program. ‘‘(AA) an antibacterial or antifungal resist- section.
‘‘(3) NONAPPLICATION OF TIME LIMITS.—Sub- ant pathogen, including novel or emerging ‘‘(vi) The mechanism established pursuant
section (h) shall not apply to the provision of infectious pathogens; or to clause (i) shall provide that—
medical assistance for technology-enabled ‘‘(BB) a qualifying pathogen (as defined ‘‘(I) except as provided in subclause (II), no
collaborative learning and capacity building under section 505E(f) of the Federal Food, additional payment shall be made under this
models under this subsection. Drug, and Cosmetic Act); and subparagraph for discharges involving a DIS-
‘‘(4) DEFINITIONS.—In this subsection: ‘‘(bb) has been designated by the Secretary ARM antimicrobial drug if any additional
‘‘(A) EMERGENCY PERIOD.—The term ‘emer- pursuant to the process established under payments have been made for discharges in-
gency period’ has the meaning given that clause (iv)(I)(bb). volving such drug as a new medical service
term in section 1135(g)(1). ‘‘(iii) The mechanism established pursuant or technology under subparagraph (K);
‘‘(B) TECHNOLOGY-ENABLED COLLABORATIVE to clause (i) shall provide that the additional ‘‘(II) additional payments may be made
LEARNING AND CAPACITY BUILDING MODEL.— payment under clause (i) shall— under this subparagraph for discharges in-
The term ‘ technology-enabled collaborative ‘‘(I) with respect to a discharge, only be volving a DISARM antimicrobial drug if any
learning and capacity building model’ has made to a subsection (d) hospital that, as de- additional payments have been made for dis-
the meaning given that term in section 2(7) termined by the Secretary— charges occurring prior to the date of enact-
of the Expanding Capacity for Health Out- ‘‘(aa) is participating in the National ment of this subparagraph involving such
SSpencer on DSKBBXCHB2PROD with SENATE
comes Act (Public Law 114–270, 130 Stat. Healthcare Safety Network Antimicrobial drug as a new medical service or technology
1395).’’. Use and Resistance Module of the Centers for under subparagraph (K); and
SEC. 4413. ENCOURAGING THE DEVELOPMENT Disease Control and Prevention or a similar ‘‘(III) no additional payment shall be made
AND USE OF DISARM ANTI- reporting program, as specified by the Sec- under subparagraph (K) for discharges in-
MICROBIAL DRUGS. retary, relating to antimicrobial drugs; and volving a DISARM antimicrobial drug as a
(a) ADDITIONAL PAYMENT FOR DISARM ‘‘(bb) has an antimicrobial stewardship new medical service or technology if any ad-
ANTIMICROBIAL DRUGS UNDER MEDICARE.— program that aligns with the Core Elements ditional payments for discharges involving
(1) IN GENERAL.—Section 1886(d)(5) of the of Hospital Antibiotic Stewardship Programs such drug have been made under this sub-
Social Security Act (42 U.S.C. 1395ww(d)(5)) of the Centers for Disease Control and Pre- paragraph.’’.
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1855
(2) CONFORMING AMENDMENT.—Section report under section 510(k) of such Act (21 that is assigned a HCPCS code pursuant to
1886(d)(5)(K)(ii)(III) of the Social Security U.S.C. 360k), or a request for classification the expedited coding process under clause
Act (42 U.S.C. 1395ww(d)(5)(K)(ii)(III)) is under section 513(f)(2) of such Act (21 U.S.C. (iii) of such section.
amended by striking ‘‘provide’’ and inserting 360c(f)(2)); and ‘‘(E) CLARIFICATION.—Nothing in this para-
‘‘subject to subparagraph (M)(vi), provide’’. ‘‘(bb) may not take effect before the date graph shall prevent the Secretary from
(b) STUDY AND REPORTS ON REMOVING BAR- the product is approved, cleared, or licensed issuing a noncoverage or a national coverage
RIERS TO THE DEVELOPMENT OF DISARM by the Food and Drug Administration. determination for a novel medical product.’’.
ANTIMICROBIAL DRUGS.— ‘‘(VI) TRADE SECRETS AND CONFIDENTIAL IN- (c) ENHANCING COORDINATION WITH THE
(1) STUDY.—The Comptroller General of the FORMATION.—No information submitted FOOD AND DRUG ADMINISTRATION.—
United States (in this subsection referred to under subclause (II) shall be construed as au- (1) PUBLIC MEETING.—
as the ‘‘Comptroller General’’) shall, in con- thorizing the Secretary to disclose any infor- (A) IN GENERAL.—Not later than 12 months
sultation with the Director of the National mation that is a trade secret or confidential after the date of the enactment of this Act,
Institutes of Health, the Commissioner of information subject to section 552(b)(4) of the Secretary shall convene a public meeting
Food and Drugs, the Administrator of the title 5, United States Code. for the purposes of discussing and providing
Centers for Medicare & Medicaid Services, ‘‘(iv) NOVEL MEDICAL PRODUCT DEFINED.— input on improvements to coordination be-
and the Director of the Centers for Disease For purposes of this subparagraph, the term
tween the Food and Drug Administration
Control and Prevention, conduct a study to— ‘novel medical product’ means a drug, bio-
and the Centers for Medicare & Medicaid
(A) identify and examine the barriers that logical product, or medical device—
Services in preparing for the availability of
prevent the development of DISARM anti- ‘‘(I) that has not been assigned a HCPCS
novel medical products (as defined in section
microbial drugs (as defined in section code; and
1174(b)(2)(B)(iv) of the Social Security Act,
1886(d)(5)(M)(ii) of the Social Security Act, ‘‘(II) that has been designated as a break-
as added by subsection (a)) on the market in
as added by subsection (a)); and through therapy under section 506(a) of the
the United States.
(B) develop recommendations for actions Federal Food, Drug, and Cosmetic Act (21
(B) ATTENDEES.—The public meeting shall
to be taken in order to overcome any bar- U.S.C. 356(a)), a breakthrough device under
include—
riers identified under subparagraph (A). section 515B of such Act (21 U.S.C. 360e–3), or
(i) representatives of relevant Federal
(2) REPORT.—October 1, 2025, the Comp- a regenerative advanced therapy under sec-
tion 506(g) of such Act (21 U.S.C. 356(g)). agencies, including representatives from
troller General shall submit to Congress a each of the medical product centers within
report containing the preliminary results of ‘‘(v) HCPCS DEFINED.—For purposes of this
subparagraph, the term ‘HCPCS’ means the the Food and Drug Administration and rep-
the study conducted under paragraph (1), to- resentatives from the coding, coverage, and
gether with recommendations for such legis- Healthcare Common Procedure Coding Sys-
tem. payment offices within the Centers for Medi-
lation and administrative action as the care & Medicaid Services;
Comptroller General determines appropriate. ‘‘(vi) INPATIENT PRODUCTS.—The Secretary
shall establish a code modifier within the (ii) stakeholders with expertise in the re-
SEC. 4414. NOVEL MEDICAL PRODUCTS. search and development of novel medical
hospital inpatient prospective payment sys-
(a) EXPEDITED CODING OF NOVEL MEDICAL tem under section 1886(d) to track the utili- products, including manufacturers of such
PRODUCTS.—Section 1174(b)(2)(B) of the So- zation and outcomes of novel medical prod- products;
cial Security Act (42 U.S.C. 1320d–3(b)(2)(B)) ucts that are assigned a HCPCS code pursu- (iii) representatives of commercial health
is amended by adding at the end the fol- ant to the expedited coding process under insurance payers;
lowing new clauses: clause (iii) and are furnished by hospitals in (iv) stakeholders with expertise in the ad-
‘‘(iii) EXPEDITED CODING OF NOVEL MEDICAL inpatient settings.’’. ministration and use of novel medical prod-
PRODUCTS.— (b) COVERAGE DETERMINATIONS FOR NOVEL ucts, including physicians; and
‘‘(I) IN GENERAL.—Notwithstanding para- MEDICAL PRODUCTS.—Section 1862(l) of the (v) stakeholders representing patients and
graph (1), in the case of a novel medical prod- Social Security Act (42 U.S.C. 1395y(l)) is with expertise in the utilization of patient
uct (as defined in clause (iv)), the Secretary amended by adding at the end the following experience data in medical product develop-
shall make modifications to the HCPCS code new paragraph: ment.
set at least once every quarter. ‘‘(7) COVERAGE PATHWAY FOR NOVEL MED- (C) TOPICS.—The public meeting shall in-
‘‘(II) REQUEST.—Upon the written confiden- ICAL PRODUCTS.— clude a discussion of—
tial request of a manufacturer of a novel ‘‘(A) IN GENERAL.—The Secretary shall fa- (i) the status of the drug and medical de-
medical product, the Secretary shall make a cilitate an efficient coverage pathway to ex- vice development pipeline related to the
determination whether to assign a HCPCS pedite a national coverage decision for cov- availability of novel medical products;
code to such product. Such request may erage with evidence development process (ii) the anticipated expertise necessary to
occur on or after the date on which the prod- under this title for novel medical products review the safety and effectiveness of such
uct receives a designation as a breakthrough described in subparagraph (D). The Secretary products at the Food and Drug Administra-
therapy under section 506(a) of the Federal shall review such novel medical products for tion and current gaps in such expertise, if
Food, Drug, and Cosmetic Act (21 U.S.C. the coverage process on an expedited basis, any;
356(a)), a breakthrough device under section beginning as soon as the Secretary assigns a (iii) the expertise necessary to make cod-
515B of such Act (21 U.S.C. 360e–3), or a re- HCPCS code to the product under clause ing, coverage, and payment decisions with
generative advanced therapy under section (iii)(V)(aa) of section 1174(b)(2)(B). respect to such products within the Centers
506(g) of such Act (21 U.S.C. 356(g)). ‘‘(B) DETERMINATION OF COVERAGE WITH EVI- for Medicare & Medicaid Services, and cur-
‘‘(III) DEADLINE FOR DETERMINATION; NOTI- DENCE DEVELOPMENT.—Such coverage path- rent gaps in such expertise, if any;
FICATION.—The Secretary shall— way shall include, with respect to such novel (iv) trends in the differences in the data
‘‘(aa) not later than 180 calendar days after medical products, if the Secretary deter- necessary to determine the safety and effec-
receiving the request of a manufacturer mines coverage with evidence development is tiveness of a novel medical product and the
under subclause (II), make a determination appropriate, issuance of a national coverage data necessary to determine whether a novel
under such subclause with respect to the re- determination of coverage with evidence de- medical product meets the reasonable and
quest; and velopment for a period up to, but not to ex- necessary requirements for coverage and
‘‘(bb) not later than 30 calendar days after ceed, 4 years from the date of such deter- payment under title XVIII of the Social Se-
making such determination, notify the man- mination. curity Act pursuant to section 1862(a)(1)(A)
ufacturer of the determination. ‘‘(C) MODERNIZING PAYMENT OPTIONS FOR of such Act (42 U.S.C. 1395y(a)(1)(A));
‘‘(IV) MONITORING UTILIZATION AND OUT- NOVEL MEDICAL PRODUCTS.—Not later than 4 (v) the availability of information for
COMES.—A HCPCS code assigned under this years after issuing such national coverage sponsors of such novel medical products to
clause shall allow for the reliable monitoring determination, the Secretary shall submit to meet each of those requirements; and
of utilization and outcomes of the novel Congress and to the manufacturer of the (vi) the coordination of information re-
medical product as described in clause (vi). novel medical product a report providing op- lated to significant clinical improvement
‘‘(V) EFFECTIVE DATE OF CODE ASSIGN- tions for alternative payment models under over existing therapies for patients between
MENT.—If the Secretary makes a determina- this title for the novel medical product or the Food and Drug Administration and the
tion to assign a HCPCS code to a product class of such products, which may include Centers for Medicare & Medicaid Services
under subclause (II), such code— the utilization of existing models in the with respect to novel medical products.
‘‘(aa) may be assigned within the first commercial health insurance market. Such (D) TRADE SECRETS AND CONFIDENTIAL IN-
SSpencer on DSKBBXCHB2PROD with SENATE
quarter after the manufacturer files, with re- report shall include any recommendations FORMATION.—No information discussed as a
spect to such product, a new drug applica- for legislation and administrative action as part of the public meeting under this para-
tion under section 505(b) of the Federal Food, the Secretary determines appropriate to fa- graph shall be construed as authorizing the
Drug, and Cosmetic Act (21 U.S.C. 355(b)), a cilitate such payment arrangements. Secretary to disclose any information that is
biological product license application under ‘‘(D) NOVEL MEDICAL PRODUCTS DE- a trade secret or confidential information
section 351(a) of the Public Health Service SCRIBED.—For purposes of this paragraph, a subject to section 552(b)(4) of title 5, United
Act (42 U.S.C. 262(a)), a premarket applica- novel medical product described in this sub- States Code.
tion under section 515(c) of the Federal Food, paragraph is a novel medical product, as de- (2) IMPROVING TRANSPARENCY OF CRITERIA
Drug, and Cosmetic Act (21 U.S.C. 360e(c)), a fined in clause (iv) of section 1174(b)(2)(B), FOR MEDICARE COVERAGE.—
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S1856 CONGRESSIONAL RECORD — SENATE March 19, 2020
(A) UPDATING GUIDANCE.—Not later than 18 under section 401 or 501, respectively, of the education participating in the program
months after the public meeting under para- Robert T. Stafford Disaster Relief and Emer- under part C of title IV of the Higher Edu-
graph (1), the Secretary of Health and gency Assistance Act (42 U.S.C. 5170 and cation Act of 1965 (20 U.S.C. 1087–51 et seq.)
Human Services shall update the final guid- 5191); or may make payments under such part to af-
ance entitled ‘‘National Coverage Deter- (C) a national emergency declared by the fected work-study students, for the period of
minations with Data Collection as a Condi- President under section 201 of the National time (not to exceed one academic year) in
tion of Coverage: Coverage with Evidence Emergencies Act (50 U.S.C. 1601 et seq.). which affected students were unable to fulfill
Development’’ to improve the availability (2) INSTITUTION OF HIGHER EDUCATION.—The the students’ work-study obligation for all
and coordination of information as described term ‘‘institution of higher education’’ has or part of such academic year due to such
in clauses (iv) through (vi) of paragraph the meaning of the term under section 102 of qualifying emergency, as follows:
(1)(C), and clarify novel medical product the Higher Education Act of 1965 (20 U.S.C. (1) Payments may be made under such part
clinical data requirements to meet reason- 1002). to affected work-study students in an
able and necessary requirements for cov- (3) SECRETARY.—The term ‘‘Secretary’’ amount equal to or less than the amount of
erage and payment under title XVIII of the means the Secretary of Education. wages such students would have been paid
Social Security Act. SEC. 4503. CAMPUS-BASED AID WAIVERS. under such part had the students been able
(B) FINALIZING UPDATED GUIDANCE.—Not (a) WAIVER OF NON-FEDERAL SHARE RE- to complete the work obligation necessary to
later than 12 months after issuing draft guid- QUIREMENT.—Notwithstanding sections receive work study funds, as a one time
ance under subparagraph (A), the Secretary 413C(a)(2) and 443(b)(5) of the Higher Edu- grant or as multiple payments.
shall finalize the updated guidance. cation Act of 1965 (20 U.S.C. 1070b–2(a)(2) and (2) Payments shall not be made to any stu-
(d) REPORT ON CODING, COVERAGE, AND PAY- 1087–53(b)(5)), with respect to funds made dent who was not eligible for work study or
MENT PROCESSES UNDER MEDICARE FOR NEW available for award years 2019-2020 and 2020- was not completing the work obligation nec-
MEDICAL PRODUCTS.— 2021, the Secretary shall waive the require- essary to receive work study funds under
(1) IN GENERAL.—Not later than 12 months ment that a participating institution of such part prior to the occurrence of the
after the date of enactment of this Act, the higher education provide a non-Federal share qualifying emergency.
Secretary of Health and Human Services to match Federal funds provided to the insti- (3) Any payments made to affected work-
shall publish a report on the internet website tution for the programs authorized pursuant study students under this subsection shall
of the Department of Health and Human to subpart 3 of part A and part C of title IV meet the matching requirements of section
Services regarding processes under the Medi- of the Higher Education Act of 1965 (20 U.S.C. 443 of the Higher Education Act of 1965 (20
care program under title XVIII of the Social 1070b et seq. and 1087–51 et seq.). U.S.C. 1087–53), unless such matching re-
Security Act (42 U.S.C. 1395 et seq.) with re- (b) AUTHORITY TO REALLOCATE.—Notwith- quirements are waived by the Secretary of
spect to the coding, coverage, and payment standing sections 413D, 442, and 488 of the Education.
Higher Education Act of 1965 (20 U.S.C. 1070b– (b) DEFINITION OF AFFECTED WORK-STUDY
of medical products described in paragraph
3, 1087–52, and 1095), during a period of a STUDENT.—In this section, the term ‘‘af-
(2). Such report shall include the following:
qualifying emergency, an institution may fected work-study student’’ means a student
(A) A description of challenges in the cod-
transfer up to 100 percent of the institution’s enrolled at an eligible institution partici-
ing, coverage, and payment processes under pating in the program under part C of title
the Medicare program for medical products unexpended allotment under section 442 of
IV of the Higher Education Act of 1965 (20
described in such paragraph. such Act to the institution’s allotment
U.S.C. 1087–51 et seq.) who—
(B) Recommendations to— under section 413D of such Act, but may not
(1) received a work-study award under sec-
(i) incorporate patient experience data transfer any funds from the institution’s un-
tion 443 of the Higher Education Act of 1965
(such as the impact of a disease or condition expended allotment under section 413D of
(20 U.S.C. 1087–53) for the academic year dur-
on the lives of patients and patient treat- such Act to the institution’s allotment
ing which a qualifying emergency occurred;
ment preferences) into the coverage and pay- under section 442 of such Act.
(2) earned Federal work-study wages from
ment processes within the Centers for Medi- SEC. 4504. USE OF SUPPLEMENTAL EDU-
CATIONAL OPPORTUNITY GRANTS such eligible institution for such academic
care & Medicaid Services; year; and
FOR EMERGENCY AID.
(ii) decrease the length of time to make (3) was prevented from fulfilling the stu-
national and local coverage determinations (a) IN GENERAL.—Notwithstanding section
413B of the Higher Education Act of 1965 (20 dent’s work-study obligation for all or part
under the Medicare program (as those terms of such academic year due to such qualifying
are defined in subparagraph (A) and (B), re- U.S.C. 1070b–1), an institution of higher edu-
cation may reserve any amount of an insti- emergency.
spectively, of section 1862(l)(6) of the Social SEC. 4506. ADJUSTMENT OF SUBSIDIZED LOAN
Security Act (42 U.S.C. 1395y(l)(6))); tution’s allocation under subpart 3 of part A
USAGE LIMITS.
(iii) streamline the coverage process under of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070b et seq.) for a fiscal year Notwithstanding section 455(q)(3) of the
the Medicare program and incorporate input Higher Education Act of 1965 (20 U.S.C.
from relevant stakeholders into such cov- to award, in such fiscal year, emergency fi-
nancial aid grants to assist undergraduate or 1087e(q)(3)), the Secretary shall exclude from
erage determinations; and a student’s period of enrollment for purposes
(iv) identify potential mechanisms to in- graduate students for unexpected expenses
of loans made under part D of title IV of the
corporate novel payment designs similar to and unmet financial need as the result of a
Higher Education Act of 1965 (20 U.S.C. 1087a
those in development in commercial insur- qualifying emergency.
(b) DETERMINATIONS.—In determining eligi- et seq.) any semester (or the equivalent) dur-
ance plans and State plans under title XIX of ing which the student was unable to remain
bility for and awarding emergency financial
the Social Security Act (42 U.S.C. 1396r et enrolled in school as a result of a qualifying
aid grants under this section, an institution
seq.) into the Medicare program. emergency, if the Secretary is able to admin-
of higher education may—
(2) MEDICAL PRODUCTS DESCRIBED.—For pur- ister such policy in a manner that limits
(1) waive the amount of need calculation
poses of paragraph (1), a medical product de- complexity and the burden on the student.
under section 471 of the Higher Education
scribed in this paragraph is a medical prod- SEC. 4507. EXCLUSION FROM FEDERAL PELL
Act of 1965 (20 U.S.C. 1087kk); GRANT DURATION LIMIT.
uct, including a drug, biological (including
(2) allow for a student affected by a quali- The Secretary shall exclude from a stu-
gene and cell therapy and gene editing), or
fying emergency to receive funds in an dent’s Federal Pell Grant duration limit
medical device, that has been designated as a
amount that is not more than the maximum under section 401(c)(5) of the Higher Edu-
breakthrough therapy under section 506(a) of
Federal Pell Grant for the applicable award cation Act of 1965 (2 U.S.C. 1070a(c)(5)) any
the Federal Food, Drug, and Cosmetic Act
year; and semester (or the equivalent) that the student
(21 U.S.C. 356(a)), a breakthrough device
(3) utilize a contract with a scholarship- does not complete due to a qualifying emer-
under section 515B of such Act (21 U.S.C.
granting organization designated for the sole gency if the Secretary is able to administer
360e–3), or a regenerative advanced therapy
purpose of accepting applications from or such policy in a manner that limits com-
under section 506(g) of such Act (21 U.S.C.
disbursing funds to students enrolled in the plexity and the burden on the student.
356(g)).
institution of higher education, if such SEC. 4508. INSTITUTIONAL REFUNDS AND FED-
TITLE II—EDUCATION PROVISIONS scholarship-granting organization disburses ERAL STUDENT LOAN FLEXIBILITY.
SEC. 4501. SHORT TITLE. the full allocated amount provided to the in- (a) INSTITUTIONAL WAIVER.—The Secretary
This title may be cited as the ‘‘COVID-19 stitution of higher education to the recipi- may waive the institutional requirement in
Pandemic Education Relief Act of 2020’’. ents. section 484B of the Higher Education Act of
SEC. 4502. DEFINITIONS. (c) SPECIAL RULE.—Any emergency finan- 1965 (20 U.S.C. 1091b) with respect to the
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(a) DEFINITIONS.—In this title: cial aid grants to students under this section amount of grant or loan assistance (other
(1) QUALIFYING EMERGENCY.—The term shall not be treated as other financial assist- than assistance received under part C of title
‘‘qualifying emergency’’ means— ance for the purposes of section 471 of the IV of such Act) to be returned to the title IV
(A) a public health emergency declared by Higher Education Act of 1965 (20 U.S.C. programs if a recipient of assistance under
the Secretary of Health and Human Services 1087kk). title IV of the Higher Education Act of 1965
pursuant to section 319 of the Public Health SEC. 4505. FEDERAL WORK-STUDY DURING A (20 U.S.C. 1070 et seq.) withdraws from the in-
Service Act (42 U.S.C. 247d); QUALIFYING EMERGENCY. stitution during the payment period or pe-
(B) an event for which the President de- (a) IN GENERAL.—In the event of a quali- riod of enrollment as a result of a qualifying
clared a major disaster or an emergency fying emergency, an institution of higher emergency.
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1857
(b) STUDENT WAIVER.—The Secretary may (1) IN GENERAL.—Notwithstanding section section (a), a State, State educational agen-
waive the amounts that students are re- 102 of the Higher Education Act of 1965 (20 cy, local educational agency, Indian tribe, or
quired to return in section 484B of the Higher U.S.C. 1002), for the duration of a qualifying institution of higher education that desires a
Education Act of 1965 (20 U.S.C. 1091b) with emergency and the following payment pe- waiver from any statutory or regulatory pro-
respect to Federal Pell Grants or other grant riod, the Secretary may allow a foreign in- vision described under subparagraphs (A)
assistance if the withdrawals on which the stitution to enter into a written arrange- through (C) of subsection (b)(1) that the Sec-
returns are based on withdrawals by students ment with an institution of higher education retary has not already waived in accordance
who withdrew from the institution as a re- located in the United States that partici- with subsection (a), may submit a waiver re-
sult of a qualifying emergency. pates in the Federal Direct Loan Program quest to the Secretary in accordance with
(c) CANCELING LOAN OBLIGATION.—Notwith- under part D of title IV of the Higher Edu- this subsection.
standing any other provision of the Higher cation Act of 1965 (20 U.S.C. 1087a et seq.) for (2) REQUESTS SUBMITTED.—A request for a
Education Act of 1965 (20 U.S.C. 1001 et seq.), the purpose of allowing a student of the for- waiver under this subsection shall—
the Secretary shall cancel the borrower’s ob- eign institution who is a borrower of a loan (A) identify the Federal programs affected
ligation to repay the portion of a loan made made under such part to take courses from by the requested waiver;
under part D of title IV of such Act for a re- the institution of higher education located (B) describe which Federal statutory or
cipient of assistance who withdraws from the in the United States. regulatory requirements are to be waived;
institution during the payment period as a (2) FORM OF ARRANGEMENTS.— and
result of a qualifying emergency. (A) PUBLIC OR OTHER NONPROFIT INSTITU- (C) describe how the emergency involving
(d) APPROVED LEAVE OF ABSENCE.—Not- TIONS.—A foreign institution that is a public Federal primary responsibility determined
withstanding any other provision of law, for or other nonprofit institution may enter into to exist by the President under the section
purposes of receiving assistance under title a written arrangement under subsection (a) 501(b) of the Robert T. Stafford Disaster Re-
IV of the Higher Education Act of 1965 (20 only with an institution of higher education lief and Emergency Assistance Act (42 U.S.C.
U.S.C. 1070 et seq.), an institution of higher described in section 101 of such Act (20 U.S.C. 5191(b)) with respect to the Coronavirus Dis-
education may, as a result of a qualifying 1001). ease 2019 (COVID-19) prevents or otherwise
emergency, provide a student with an ap- (B) OTHER INSTITUTIONS.—A foreign institu- restricts the ability of the State, State edu-
proved leave of absence that does not require tion that is a graduate medical school, nurs- cational agency, local educational agency,
the student to return at the same point in ing school, or a veterinary school and that is Indian tribe, or institution of higher edu-
the academic program that the student not a public or other nonprofit institution cation to comply with such statutory or reg-
began the leave of absence if the student re- may enter into a written arrangement under ulatory requirements.
turns within the same semester (or the subsection (a) with an institution of higher (3) SECRETARY APPROVAL.—
equivalent). education described in section 101 or section (A) IN GENERAL.—Except as provided under
102 of such Act (20 U.S.C. 1001 and 1002). subparagraph (B), the Secretary of Edu-
SEC. 4509. SATISFACTORY PROGRESS.
(3) REPORT USE.—Not later than June 30, cation shall approve or disapprove a waiver
Notwithstanding section 484 of the Higher request submitted under paragraph (1) not
Education Act of 1965 (20 U.S.C. 1091), in de- 2020, an institution of higher that uses the
authority described in paragraph (2) shall re- more than 15 days after the date on which
termining whether a student is maintaining such request is submitted.
satisfactory progress for purposes of title IV port such use to the Secretary.
(4) REPORT FROM THE SECRETARY.—Not (B) EXCEPTIONS.—The Secretary of Edu-
of the Higher Education Act of 1965 (20 U.S.C. cation may disapprove a waiver request sub-
1070 et seq.), an institution of higher edu- later than 180 days after the date of enact-
ment of this Act, and every 180 days there- mitted under paragraph (1), only if the Sec-
cation may, as a result of a qualifying emer- retary determines that—
gency, exclude from the quantitative compo- after for the duration of the qualifying emer-
gency and the following payment period, the (i) the waiver request does not meet the re-
nent of the calculation any attempted cred- quirements of this section;
its that were not completed by such student Secretary shall submit to the authorizing
committees (as defined in section 103 of the (ii) the waiver is not permitted pursuant to
without requiring an appeal by such student. subsection (b)(2); or
Higher Education Act of 1965 (20 U.S.C. 1003))
SEC. 4510.
CONTINUING EDUCATION AT AF- (iii) the description required under para-
FECTED FOREIGN INSTITUTIONS. a report that identifies each foreign institu-
tion that entered into a written arrangement graph (2)(C) provides insufficient informa-
(a) IN GENERAL.—Notwithstanding section tion to demonstrate that the waiving of such
481(b) of the Higher Education Act of 1965 (20 authorized under subsection (a).
requirements is necessary or appropriate
SEC. 4511. NATIONAL EMERGENCY EDUCATIONAL
U.S.C. 1088(b)), with respect to a foreign in- consistent with subsection (a).
WAIVERS.
stitution, in the case of a public health (4) DURATION.—
(a) IN GENERAL.—Notwithstanding any
emergency, major disaster or emergency, or (A) IN GENERAL.—Except as provided in
other provision of law, the Secretary of Edu-
national emergency declared by the applica- cation may waive any statutory or regu- paragraph (B), a waiver approved by the Sec-
ble government authorities in the country in latory provision described under subpara- retary of Education under this subsection
which the foreign institution is located, the graphs (A) through (C) of subsection (b)(1) if may be for a period not to exceed 1 academic
Secretary may permit any part of an other- the Secretary determines that such a waiver year.
wise eligible program to be offered via dis- is necessary and appropriate due to the (B) EXTENSION.—The Secretary of Edu-
tance education for the duration of such emergency involving Federal primary re- cation may extend the period described
emergency or disaster and the following pay- sponsibility determined to exist by the under subparagraph (A) if the State, State
ment period for purposes of title IV of the President under the section 501(b) of the educational agency, local educational agen-
Higher Education Act of 1965 (20 U.S.C. 1070 Robert T. Stafford Disaster Relief and Emer- cy, Indian tribe, or institution of higher edu-
et seq.). gency Assistance Act (42 U.S.C. 5191(b)) with cation demonstrates to the Secretary that
(b) ELIGIBILITY.—An otherwise eligible pro- respect to the Coronavirus Disease 2019 extending the waiving of such requirements
gram that is offered in whole or in part (COVID-19). is necessary and appropriate consistent with
through distance education by a foreign in- (b) APPLICABLE PROVISIONS OF LAW.— subsection (a).
stitution between March 1, 2020, and the date (1) IN GENERAL.—The Secretary of Edu- (d) REPORTING AND PUBLICATION.—
of enactment of this Act shall be deemed eli- cation may waive any statutory or regu- (1) NOTIFYING CONGRESS.—Not later than 7
gible for the purposes of part D of title IV of latory requirement (such as those require- days after granting a waiver under this sec-
the Higher Education Act of 1965 (20 U.S.C. ments related to assessments, account- tion, the Secretary of Education shall notify
1087a et seq.) for the duration of the quali- ability, allocation of funds, and reporting), the Committee on Health, Education, Labor,
fying emergency and the following payment for which a waiver request is submitted and Pensions of the Senate, the Committee
period for purposes of title IV of the Higher under subsection (c), if the Secretary deter- on Appropriations of the Senate, the Com-
Education Act of 1965 (20 U.S.C. 1070 et seq.). mines that such a waiver is necessary and mittee on Education and Labor of the House
Not later than June 30, 2020, an institution of appropriate as described in subsection (a), of Representatives, and the Committee on
higher that uses the authority provided in under the following provisions of law: Appropriations of the House of Representa-
the previous sentence shall report such use (A) The Elementary and Secondary Edu- tives of such waiver.
to the Secretary. cation Act of 1965 (20 U.S.C. 6301 et seq.). (2) PUBLICATION.—Not later than 30 days
(c) REPORT.—Not later than 180 days after (B) The Carl D. Perkins Career and Tech- after granting a waiver under this section,
the date of enactment of this Act, and every nical Education Act of 2006 (20 U.S.C. 2301 et the Secretary of Education shall publish a
180 days thereafter for the duration of the seq.). notice of the Secretary’s decision in the Fed-
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qualifying emergency and the following pay- (C) The Higher Education Act of 1965 (20 eral Register and on the website of the De-
ment period, the Secretary shall submit to U.S.C. 1001 et seq.). partment of Education.
the authorizing committees (as defined in (2) LIMITATION.—The Secretary of Edu- (3) IDEA REPORT.—Not later than 30 days
section 103 of the Higher Education Act of cation shall not waive under this section any after the date of enactment of this Act, the
1965 (20 U.S.C. 1003)) a report that identifies statutory or regulatory requirements relat- Secretary of Education shall prepare and
each foreign institution that carried out a ing to applicable civil rights laws. submit a report to the Committee on Health,
distance education program authorized (c) REQUESTS FOR WAIVERS.— Education, Labor, and Pensions and the
under this section. (1) IN GENERAL.—In addition to any provi- Committee on Appropriations of the Senate,
(d) WRITTEN ARRANGEMENTS.— sion waived by the Secretary under sub- and the Committee on Education and Labor
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S1858 CONGRESSIONAL RECORD — SENATE March 19, 2020
and the Committee on Appropriations of the title IV of the Higher Education Act of 1965 title I of the National and Community Serv-
House of Representatives, with recommenda- (20 U.S.C. 1087a et seq.) for which the bor- ice Act of 1990 (42 U.S.C. 12611 et seq.), and
tions on any additional waivers the Sec- rower would have otherwise qualified. the participants in such programs, for the
retary believes are necessary to be enacted (d) EXTENSION.—The Secretary may extend purposes of—
into law under the Individuals with Disabil- the period of suspension described under sub- (1) addressing disruptions due to COVID-19;
ities Education Act (20 U.S.C. 1401 et seq.) section (a) for an additional 3 months. and
and the Rehabilitation Act of 1973 (29 U.S.C. SEC. 4514. PROVISIONS RELATED TO THE COR- (2) minimizing the difficulty in returning
701 et seq.) to provide limited flexibility to PORATION FOR NATIONAL AND COM- to full operation due to COVID-19 on such
MUNITY SERVICE.
States and local educational agencies to programs and participants.
meet the unique needs of students with dis- (a) ACCRUAL OF SERVICE HOURS.— SEC. 4515. WORKFORCE RESPONSE ACTIVITIES.
abilities during the emergency involving (1) ACCRUAL THROUGH OTHER SERVICE
(a) ADMINISTRATIVE COSTS.—Of the total
Federal primary responsibility determined HOURS.—
amount allocated to a local area under sec-
to exist by the President under the section (A) IN GENERAL.—Notwithstanding any
tion 128(b) of the Workforce Innovation and
501(b) of the Robert T. Stafford Disaster Re- other provision of the Domestic Volunteer
Opportunity Act (29 U.S.C. 3163(b)) and sec-
lief and Emergency Assistance Act (42 U.S.C. Service Act of 1973 (42 U.S.C. 4950 et seq.) or
tion 133(b) of such Act (29 U.S.C. 3173(b)) and
5191(b)) with respect to the Coronavirus Dis- the National and Community Service Act of
available for administrative costs for pro-
ease 2019 (COVID-19). 1990 (42 U.S.C. 12501 et seq.), the Corporation
gram year 2019, not more than 20 percent of
for National and Community Service shall
SEC. 4512. HBCU CAPITAL FINANCING. the total amount may be used by the local
allow an individual described in subpara-
(a) DEFERMENT PERIOD.— board involved for the administrative costs
graph (B) to accrue other service hours that
(1) IN GENERAL.—Notwithstanding any pro- of carrying out local workforce investment
will count toward the number of hours need-
vision of title III of the Higher Education activities under chapter 2 or chapter 3 of
ed for the individual’s education award.
Act of 1965 (20 U.S.C. 1051 et seq.), or any reg- subtitle B of title I of such Act (29 U.S.C. 3151
(B) AFFECTED INDIVIDUALS.—Subparagraph
ulation promulgated under such title, the et seq.), if the portion of the total amount
(A) shall apply to any individual serving in a
Secretary may grant a deferment, for a pe- that exceeds 10 percent of the total amount
position eligible for an educational award
riod of a qualifying emergency to an institu- as described under section 128(b)(4)(A) of
under subtitle D of title I of the National
tion that has received a loan under part D of such Act is used to respond to the COVID-19
and Community Service Act of 1990 (42 U.S.C.
title III of such Act (20 U.S.C. 1066 et seq.). national emergency.
12601 et seq.)—
(2) TERMS.—During the deferment period (b) RAPID RESPONSE ACTIVITIES.—
(i) who is performing limited service due to
granted under this subsection— (1) STATEWIDE RAPID RESPONSE.—Of the
COVID-19; or
(A) the institution shall not be required to funds available for program year 2019 for
(ii) whose position has been suspended or
pay any periodic installment of principal re- statewide activities under section 128(a) of
placed on hold due to COVID-19.
quired under the loan agreement for such the Workforce Innovation and Opportunity
(2) PROVISIONS IN CASE OF EARLY EXIT.—In
loan; and Act (29 U.S.C. 3163(a)), such funds may be
any case where an individual serving in a po-
(B) the Secretary shall make principal used for statewide rapid response activities
sition eligible for an educational award
payments otherwise due under the loan as described in section 134(a)(2)(A) (29 U.S.C.
under subtitle D of title I of the National
agreement. 3174(a)(2)(A)) for responding to the COVID-19
and Community Service Act of 1990 (42 U.S.C.
(3) CLOSING.—At the closing of a loan de- national emergency.
12601 et seq.) was required to exit the posi-
ferred under this subsection, terms shall be (2) LOCAL BOARDS.—Of the funds available
tion early at the direction of the Corporation
set under which the institution shall be re- to a Governor under section 133(a)(2) of such
for National and Community Service, the
quired to repay the Secretary for the pay- Act (29 U.S.C. 3173(a)(2)) such funds may be
Chief Executive Officer of the Corporation
ments of principal made by the Secretary released within 30 days to local boards most
for National and Community Service may—
during the deferment, on a schedule that be- impacted by the coronavirus at the deter-
(A) deem such individual as having met the
gins upon repayment to the lender in full on mination of the Governor for rapid response
requirements of the position; and
the loan agreement. activities related to responding to the
(B) award the individual the full value of
(b) TERMINATION DATE.— COVID-19 national emergency.
the educational award under such subtitle (c) DEFINITIONS.—In this section:
(1) IN GENERAL.—Except as provided in
for which the individual would otherwise (1) CORONAVIRUS.—The term ‘‘coronavirus’’
paragraph (2), the authority provided under
have been eligible. means coronavirus as defined in section 506
this section to grant a loan deferment under (b) AVAILABILITY OF FUNDS.—Notwith-
subsection (a), shall terminate on the date of the Coronavirus Preparedness and Re-
standing any other provision of law, all
that is the end of the qualifying emergency. sponse Supplemental Appropriations Act,
funds made available to the Corporation for
(2) DURATION.—Any provision of a loan National and Community Service under any 2020 (Public Law 116–123).
agreement or insurance agreement modified Act, including the amounts appropriated to (2) COVID-19 NATIONAL EMERGENCY.—The
or waived by the authority under this sec- the Corporation under the headings ‘‘OPER- term ‘‘COVID-19 national emergency’’ means
tion shall remain so modified or waived for ATING EXPENSES’’, ‘‘SALARIES AND EXPENSES’’,
the national emergency declared by the
the duration of the period covered by the and ‘‘OFFICE OF THE INSPECTOR GENERAL’’ President under the National Emergencies
loan agreement or insurance agreement. under the heading ‘‘CORPORATION FOR NA- Act (50 U.S.C. 1601 et seq.) on March 13, 2020,
(c) REPORT.—Not later than 180 days after TIONAL AND COMMUNITY SERVICE’’ under title
with respect to the coronavirus.
the date of enactment of this Act, and every IV of Division A of the Further Consolidated (3) WIOA TERMS.—Except as otherwise pro-
180 days thereafter during the period begin- Appropriations Act, 2020 (Public Law 116–94), vided, the terms in this section have the
ning on the first day of the qualifying emer- shall remain available for the fiscal year meanings given the terms in section 3 of the
gency and ending on September 30 of the fis- ending September 30, 2021. Workforce Innovation and Opportunity Act
cal year following the end of the qualifying (c) NO REQUIRED RETURN OF GRANT (29 U.S.C. 3102).
emergency, the Secretary shall submit to FUNDS.—Notwithstanding section SEC. 4516. TECHNICAL AMENDMENTS.
the authorizing committees (as defined in 129(l)(3)(A)(i) of the National and Community (a) IN GENERAL.—
section 103 of the Higher Education Act of Service Act of 1990 (42 U.S.C. (1) Section 6103(a)(3) of the Internal Rev-
1965 (20 U.S.C. 1003)) a report that identifies 12581(l)(3)(A)(i)), the Chief Executive Officer enue Code of 1986, as amended by the FU-
each institution that received assistance or a of the Corporation for National and Commu- TURE Act (Public Law 116-91), is further
waiver under this section. nity Service may permit fixed-amount grant amended by striking ‘‘(13), (16)’’ and insert-
SEC. 4513. TEMPORARY RELIEF FOR FEDERAL recipients under such section 129(l) to main- ing ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)’’.
STUDENT LOAN BORROWERS. tain a pro rata amount of grant funds, at the (2) Section 6103(p)(3)(A) of such Code, as so
(a) IN GENERAL.—The Secretary shall sus- discretion of the Corporation for National amended, is further amended by striking
pend all payments due for loans made under and Community Service, for participants ‘‘(12),’’ and inserting ‘‘(12), (13)(A), (13)(B),
part D of title IV of the Higher Education who exited or are serving in a limited capac- (13)(C), (13)(D)(i)’’.
Act of 1965 (20 U.S.C. 1087a et seq.) for 3 ity due to COVID-19, to enable the grant re- (3) Section 6103(p)(4) of such Code, as so
months. cipients to maintain operations and to ac- amended, is further amended by striking
(b) NO ACCRUAL OF INTEREST.—Notwith- cept participants. ‘‘(13) or (16)’’ each place it appears and in-
standing any other provision of the Higher (d) EXTENSION OF TERMS AND AGE LIMITS.— serting ‘‘(13), or (16)’’.
Education Act of 1965 (20 U.S.C. 1001 et seq.), Notwithstanding any other provision of law, (4) Section 6103(p)(4) of such Code, as so
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interest shall not accrue on a loan described the Corporation for National and Commu- amended and as amended by paragraph (3), is
under subsection (a) for which payment was nity Service may extend the term of service further amended by striking ‘‘(13)’’ each
suspended for the period of the suspension. (for a period not to exceed the 1-year period place it appears and inserting ‘‘(13)(A),
(c) CONSIDERATION OF PAYMENTS.—The Sec- immediately following the end of the na- (13)(B), (13)(C), (13)(D)(i)’’.
retary shall deem each month for which a tional emergency) or waive any upper age (5) Section 6103(l)(13)(C)(ii) of such Code, as
loan payment was suspended under this sec- limit (except in no case shall the maximum added by the FUTURE Act (Public Law 116-
tion as if the borrower of the loan had made age exceed 26 years of age) for national serv- 91), is amended by striking ‘‘section
a payment for the purpose of any loan for- ice programs carried out by the National Ci- 236A(e)(4)’’ and inserting ‘‘section
giveness program authorized under part D of vilian Community Corps under subtitle E of 263A(e)(4)’’.
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March 19, 2020 CONGRESSIONAL RECORD — SENATE S1859
(b) EFFECTIVE DATE.—The amendments ployees described in subparagraphs (E) and ‘‘(1) to allow the advance payment of the
made by this section shall apply as if in- (F) of such section, including by exempting credit under subsection (a), subject to the
cluded in the enactment of the FUTURE Act certain United States Government employ- limitations provided in this section, based on
(Public Law 116-91). ers covered by section 5110(2)(A)(i)(V) from such information as the Secretary shall re-
TITLE III—LABOR PROVISIONS the requirements of this title with respect to quire, and
certain categories of Executive Branch em- ‘‘(2) to provide for the reconciliation of
SEC. 4601. LIMITATION ON PAID LEAVE.
ployees.’’. such advance payment with the amount ad-
Section 110(b)(2)(B) of the Family and Med- SEC. 4606. PAID LEAVE FOR REHIRED EMPLOY- vanced at the time of filing the return of tax
ical Leave Act of 1993 (as added by the Emer- EES. for the taxable year.’’.
gency Family and Medical Leave Expansion Section 110(a)(1)(A) of the Family and Med-
Act) is amended by striking clause (ii) and DIVISION E—TEMPORARY PERMIT USE TO
ical Leave Act of 1993, as added by section GUARANTEE MONEY MARKET MUTUAL
inserting the following: 3102 of the Emergency Family and Medical
‘‘(ii) LIMITATION.—An employer shall not FUNDS
Leave Expansion Act, is amended to read as
be required to pay more than $200 per day SEC. 5001. NON-APPLICABILITY OF RESTRIC-
follows:
and $10,000 in the aggregate for each em- TIONS ON ESF DURING NATIONAL
‘‘(A) ELIGIBLE EMPLOYEE.— EMERGENCY.
ployee for paid leave under this section.’’. ‘‘(i) IN GENERAL.—In lieu of the definition
SEC. 4602. EMERGENCY PAID SICK LEAVE ACT Section 131 of the Emergency Economic
in sections 101(2)(A) and 101(2)(B)(ii), the
LIMITATION. Stabilization Act of 2008 (12 U.S.C. 5236) shall
term ‘eligible employee’ means an employee
Section 5102 of the Emergency Paid Sick not apply during the national emergency
who has been employed for at least 30 cal-
Leave Act (division E of the Families First concerning the novel coronavirus disease
endar days by the employer with respect to
Coronavirus Response Act) is amended by (COVID–19) outbreak declared by the Presi-
whom leave is requested under section
adding at the end the following: dent under the National Emergencies Act (50
102(a)(1)(F).
‘‘(f) LIMITATIONS.— U.S.C. 1601 et seq.).
‘‘(ii) RULE REGARDING REHIRED EMPLOY-
‘‘(1) IN GENERAL.—An employer shall not be EES.—For purposes of clause (i), the term DIVISION F—BUDGETARY PROVISIONS
required to pay more than either— ‘employed for at least 30 calendar days’, used SEC. 6001. EMERGENCY DESIGNATION.
‘‘(A) $511 per day and $5,110 in the aggre- with respect to an employee and an employer (a) IN GENERAL.—The amounts provided
gate for each employee, when the employee described in clause (i), includes an employee under this Act are designated as an emer-
is taking leave for a reason described in who was laid off by that employer not earlier gency requirement pursuant to section 4(g)
paragraph (1), (2), or (3) of section 5102(a); or than March 1, 2020, had worked for the em- of the Statutory Pay-As-You-Go Act of 2010
‘‘(B) $200 per day and $2,000 in the aggre- ployer for not less than 30 of the last 60 cal- (2 U.S.C. 933(g)).
gate for each employee, when the employee endar days prior to the employee’s layoff, (b) DESIGNATION IN SENATE.—In the Senate,
is taking leave for a reason described in and was rehired by the employer.’’. this Act is designated as an emergency re-
paragraph (4), (5), or (6) of section 5102(a). SEC. 4607. ADVANCE REFUNDING OF CREDITS. quirement pursuant to section 4112(a) of H.
‘‘(2) EXPIRATION OF REQUIREMENT.— An em- (a) PAYROLL CREDIT FOR REQUIRED PAID Con. Res. 71 (115th Congress), the concurrent
ployer’s requirement to provide paid leave SICK LEAVE.—Section 7001 of division G of resolution on the budget for fiscal year 2018.
with respect to a specific employee shall ex- the Families First Coronavirus Response Act
pire at the earlier of— f
is amended by inserting after subsection (g)
‘‘(A) the time when the employer has paid the following new subsection: SUBMITTED RESOLUTIONS
that employee for paid leave under this sec- ‘‘(h) TREATMENT OF DEPOSITS.—The Sec-
tion for an equivalent of 80 hours of work; or retary of the Treasury (or the Secretary’s
‘‘(B) upon the employee’s return to work delegate) shall waive any penalty under sec- SENATE RESOLUTION 548—AMEND-
after taking paid leave under this section.’’. tion 6656 of the Internal Revenue Code of 1986 ING THE STANDING RULES OF
SEC. 4603. REGULATORY AUTHORITIES UNDER for any failure to make a deposit of the tax
THE EMERGENCY PAID SICK LEAVE imposed by section 3111(a) or 3221(a) of such
THE SENATE TO ENABLE THE
ACT. Code if the Secretary determines that such PARTICIPATION OF ABSENT SEN-
Section 5111(2) of the Emergency Paid Sick failure was due to the anticipation of the ATORS DURING A NATIONAL CRI-
Leave Act (division E of the Families First credit allowed under this section.’’. SIS
Coronavirus Response Act) is amended by (b) CREDIT FOR SICK LEAVE FOR CERTAIN
Mr. PORTMAN (for himself and Mr.
striking ‘‘section 5102(a)(5)’’ and inserting SELF-EMPLOYED INDIVIDUALS.—Section 7002 of
‘‘paragraphs (4) and (5) of section 5102(a)(5)’’. division G of the Families First Coronavirus DURBIN) submitted the following reso-
SEC. 4604. UNEMPLOYMENT INSURANCE. Response Act is amended by inserting after lution; which was referred to the Com-
Section 903(h)(2)(B) of the Social Security subsection (g) the following new subsection: mittee on Rules and Administration:
Act (42 U.S.C. 1103(h)(2)(B)), as added by sec- ‘‘(h) ADVANCING CREDIT.—The Secretary of S. RES. 548
tion 4102 of the Emergency Unemployment the Treasury (or the Secretary’s delegate)
Resolved, That
Insurance Stabilization and Access Act of shall issue such forms and instructions as
SECTION 1. PARTICIPATION OF ABSENT SEN-
2020, is amended to read as follows: are necessary—
ATORS DURING A NATIONAL CRISIS.
‘‘(B) The State ensures that applications ‘‘(1) to allow the advance payment of the
credit under subsection (a), subject to the Rule XII of the Standing Rules of the Sen-
for unemployment compensation, and assist- ate is amended by adding at the end the fol-
ance with the application process, are acces- limitations provided in this section, based on
such information as the Secretary shall re- lowing:
sible in person, by phone, or online.’’. ‘‘5. Senators may use technology that has
quire, and
SEC. 4605. OMB WAIVER OF PAID FAMILY AND been approved by the Secretary of the Sen-
PAID SICK LEAVE. ‘‘(2) to provide for the reconciliation of
such advance payment with the amount ad- ate and Sergeant at Arms and Director of
(a) FAMILY AND MEDICAL LEAVE ACT OF the Doorkeepers as reliable and secure to
vanced at the time of filing the return of tax
1993.—Section 110(a) of title I of the Family cast their votes from outside of the Senate
for the taxable year.’’.
and Medical Leave Act of 1993 (29 U.S.C. 2611 (c) PAYROLL CREDIT FOR REQUIRED PAID Chamber if the Majority Leader or his or her
et seq.) (as added by division C of the Fami- FAMILY LEAVE.—Section 7003 of division G of designee and the Minority Leader or his or
lies First Coronavirus Response Act) is the Families First Coronavirus Response Act her designee determine that an extraor-
amended by adding at the end the following is amended by inserting after subsection (g) dinary crisis of national extent exists in
new paragraph: the following new subsection: which it would be infeasible for Senators to
‘‘(4) The Director of the Office of Manage- ‘‘(h) TREATMENT OF DEPOSITS.—The Sec- cast their votes in person. Senators in such
ment and Budget shall have the authority to retary of the Treasury (or the Secretary’s circumstance may then cast votes under this
exclude for good cause from the require- delegate) shall waive any penalty under sec- paragraph only during the 30-day period be-
ments under subsection (b) certain employ- tion 6656 of the Internal Revenue Code of 1986 ginning on the date on which such deter-
ers of the United States Government with re- for any failure to make a deposit of the tax mination is made unless such period is re-
spect to certain categories of Executive imposed by section 3111(a) or 3221(a) of such newed by an affirmative vote of three-fifths
Branch employees.’’. Code if the Secretary determines that such of the Senators duly chosen and sworn. Dur-
(b) EMERGENCY PAID SICK LEAVE ACT.—The failure was due to the anticipation of the ing such period, Senators participating re-
Emergency Paid Sick Leave Act (division E credit allowed under this section.’’. motely and using approved technology to
SSpencer on DSKBBXCHB2PROD with SENATE
of the Families First Coronavirus Response (d) CREDIT FOR FAMILY LEAVE FOR CERTAIN cast their votes under this paragraph shall
Act) is amended by adding at the end the fol- SELF-EMPLOYED INDIVIDUALS.—Section 7004 of be deemed present for quorum purposes. The
lowing new section: division G of the Families First Coronavirus determination made under this paragraph
‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN Response Act is amended by inserting after shall not rely on any decision of any other
EMPLOYEES. subsection (e) the following new subsection: branch of the United States Government.
‘‘The Director of the Office of Management ‘‘(f) ADVANCING CREDIT.—The Secretary of The Majority Leader or his or her designee
and Budget shall have the authority to ex- the Treasury (or the Secretary’s delegate) and the Minority Leader or his or her des-
clude for good cause from the definition of shall issue such forms and instructions as ignee shall submit at the beginning of the
employee under section 5110(1) certain em- are necessary— first session of each Congress an order for
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