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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/, SHA-256 80ab308cc5ebddb3c4c498d7a827cffc0da226a93fb3ccdc33af8bd6c763f19b.

Full text

                                               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




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                                                  ‘‘(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




SSpencer on DSKBBXCHB2PROD with SENATE
                                                                                                       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




SSpencer on DSKBBXCHB2PROD with SENATE
                                               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




SSpencer on DSKBBXCHB2PROD with SENATE
                                                  (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




SSpencer on DSKBBXCHB2PROD with SENATE
                                               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)—




SSpencer on DSKBBXCHB2PROD with SENATE
                                               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




SSpencer on DSKBBXCHB2PROD with SENATE
                                                 ‘‘(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




SSpencer on DSKBBXCHB2PROD with SENATE
                                               (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




SSpencer on DSKBBXCHB2PROD with SENATE
                                               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-




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                                               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




SSpencer on DSKBBXCHB2PROD with SENATE
                                               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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