Congressional Record, Senate, March 25, 2020, Page S2063 — Amendments Submitted and Proposed
Summary
A page of the Congressional Record, Senate, dated March 25, 2020, at page S2063. It carries the end of a bill on the accessibility of Department of Veterans Affairs websites, with a study due within 180 days and a report to committees, and a resolution whose preamble thanks health care workers for their work during COVID-19. Under Amendments Submitted and Proposed, it prints SA 1577 by Mr. Sasse and SA 1578 by Mr. McConnell, which proposes to strike all after the enacting clause of H.R. 748 and insert the Coronavirus Aid, Relief, and Economic Security Act, followed by its short title and table of contents.
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“Congressional Record, Senate, March 25, 2020, Page S2063 — Amendments Submitted and Proposed.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-25-crec-2020-03-25-pt1-pgs2063-3-b48e0d5ee6/
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2063
SECTION 1. SHORT TITLE. Whereas public health officials have (c) PANDEMIC EMERGENCY UNEMPLOYMENT
This Act may be cited as the ‘‘Department worked to educate their communities and COMPENSATION.—Notwithstanding section
of Veterans Affairs Website Accessibility Act implement policies that will curb the com- 2107, in no case may an individual’s average
of 2019’’. munal spread of COVID–19; and weekly benefit amount described in 2107(b)(3)
SEC. 2.STUDY ON THE ACCESSIBILITY OF Whereas every individual in the health (including the increase under section 2104)
WEBSITES OF THE DEPARTMENT OF care community, which includes doctors, exceed the amount of the average weekly
VETERANS AFFAIRS TO INDIVID- nurses, custodial staff, administrative staff, wages for which the individuals’s average
UALS WITH DISABILITIES. registered nurses, patient care assistants, weekly benefit amount (determined without
(a) STUDY.—Not later than 180 days after public health officials, mental health profes- regard to such increase) is based.
the date of the enactment of this Act, the sionals, researchers, lab technicians, and
Secretary of Veterans Affairs shall conduct a many others, has acted with excellence and SA 1578. Mr. MCCONNELL proposed
study of all websites of the Department of professionalism to ensure that the citizens of an amendment to the bill H.R. 748, to
Veterans Affairs to determine whether such the United States receive the care they need amend the Internal Revenue Code of
websites are accessible to individuals with to get the United States through the COVID–
disabilities in accordance with section 508 of 1986 to repeal the excise tax on high
19 crisis: Now, therefore, be it cost employer-sponsored health cov-
the Rehabilitation Act of 1973 (29 U.S.C. Resolved, That the Senate—
794d). (1) observes that the spirit of the United erage; as follows:
(b) REPORT.—Not later than 90 days after States remains resilient in the face of the Strike all after the enacting clause and in-
completing the study under subsection (a), crisis caused by Coronavirus disease 2019 (re- sert the following:
the Secretary shall submit to the Committee ferred to in this resolution as ‘‘COVID–19’’); SECTION 1. SHORT TITLE.
on Veterans’ Affairs of the Senate and the (2) expresses gratitude to the people of the This Act may be cited as the ‘‘Coronavirus
Committee on Veterans’ Affairs of the House United States for doing their part to stop the Aid, Relief, and Economic Security Act’’ or
of Representatives a report on such study. spread of COVID–19; and the ‘‘CARES Act’’.
(c) ELEMENTS.—The report required by sub- (3) salutes health care professionals across SEC. 2. TABLE OF CONTENTS.
section (b) shall include the following: the United States.
(1) A list of each website described in sub- The table of contents for this Act is as fol-
section (a) that is not accessible to individ- f lows:
uals with disabilities in accordance with sec- AMENDMENTS SUBMITTED AND Sec. 1. Short title.
tion 508 of the Rehabilitation Act of 1973 (29 Sec. 2. Table of contents.
PROPOSED Sec. 3. References.
U.S.C. 794d).
(2) For each website identified in the list SA 1577. Mr. SASSE (for himself, Mr. GRA- DIVISION A—KEEPING WORKERS PAID
HAM, Mr. SCOTT of South Carolina, Mr. SCOTT AND EMPLOYED, HEALTH CARE SYS-
under paragraph (1)—
(A) the plan of the Secretary to bring the of Florida, Mr. CRUZ, Mr. JOHNSON, Mrs. TEM ENHANCEMENTS, AND ECONOMIC
website into compliance with the require- BLACKBURN, and Mr. LEE) proposed an STABILIZATION
ments of section 508 of the Rehabilitation amendment to amendment SA 1578 proposed
TITLE I—KEEPING AMERICAN WORKERS
Act of 1973 (29 U.S.C. 794d); and by Mr. MCCONNELL to the bill H.R. 748, to
PAID AND EMPLOYED ACT
(B) a description of the barriers to bringing amend the Internal Revenue Code of 1986 to
repeal the excise tax on high cost employer- Sec. 1101. Definitions.
the website into compliance with the re- Sec. 1102. Paycheck protection program.
quirements of such section, including any sponsored health coverage.
SA 1578. Mr. MCCONNELL proposed an Sec. 1103. Entrepreneurial development.
barriers relating to vacant positions at the Sec. 1104. State trade expansion program.
amendment to the bill H.R. 748, supra.
Department of Veterans Affairs. SA 1579. Mr. MCCONNELL (for Mr. MORAN) Sec. 1105. Waiver of matching funds require-
(d) WEBSITE DEFINED.—In this section, the ment under the women’s busi-
proposed an amendment to the bill H.R. 3504,
term ‘‘website’’ includes the following: ness center program.
to amend title 38, United States Code, to pro-
(1) A file attached to a website. Sec. 1106. Loan forgiveness.
vide for improvements to the specially
(2) A web-based application. Sec. 1107. Direct appropriations.
adapted housing program of the Department
(3) A kiosk at a medical facility of the De- Sec. 1108. Minority business development
of Veterans Affairs, and for other purposes.
partment of Veterans Affairs, the use of agency.
which is required to check in for scheduled f Sec. 1109. United States Treasury Program
appointments. TEXT OF AMENDMENTS Management Authority.
Sec. 1110. Emergency EIDL grants.
f SA 1577. Mr. SASSE (for himself, Mr. Sec. 1111. Resources and services in lan-
SUBMITTED RESOLUTIONS GRAHAM, Mr. SCOTT of South Carolina, guages other than English.
Mr. SCOTT of Florida, Mr. CRUZ, Mr. Sec. 1112. Subsidy for certain loan pay-
JOHNSON, Mrs. BLACKBURN, and Mr. ments.
SENATE RESOLUTION 554—RECOG- Sec. 1113. Bankruptcy.
LEE) proposed an amendment to Sec. 1114. Emergency rulemaking authority.
NIZING THE CONTRIBUTIONS OF amendment SA 1578 proposed by Mr.
HEALTH CARE PROFESSIONALS TITLE II—ASSISTANCE FOR AMERICAN
MCCONNELL to the bill H.R. 748, to WORKERS, FAMILIES, AND BUSINESSES
DURING THE 2020 CORONAVIRUS amend the Internal Revenue Code of
PANDEMIC Subtitle A—Unemployment Insurance
1986 to repeal the excise tax on high Provisions
Mr. CRAMER submitted the fol- cost employer-sponsored health cov- Sec. 2101. Short title.
lowing resolution; which was referred erage; as follows: Sec. 2102. Pandemic Unemployment Assist-
to the Committee on Health, Edu- At the end of subtitle A of title II of divi- ance.
cation, Labor, and Pensions: sion A, insert the following: Sec. 2103. Emergency unemployment relief
S. RES. 554 SEC. 2117. UNEMPLOYMENT BENEFITS MAY NOT for governmental entities and
EXCEED THE AMOUNT OF WAGES nonprofit organizations.
Whereas, on March 11, 2020, the World THE INDIVIDUAL WAS EARNING Sec. 2104. Emergency increase in unemploy-
Health Organization declared the outbreak PRIOR TO BECOMING UNEMPLOYED. ment compensation benefits.
of Coronavirus disease 2019 (referred to in (a) PANDEMIC UNEMPLOYMENT ASSIST- Sec. 2105. Temporary full Federal funding of
this preamble as ‘‘COVID–19’’) a pandemic; ANCE.—Notwithstanding section 2101, in no the first week of compensable
Whereas, on March 13, 2020, President Don- case may the total amount of the weekly as- regular unemployment for
ald Trump declared a national emergency, sistance applicable to an individual under States with no waiting week.
mobilizing the entire United States in the paragraph (1) or (2) of section 2102 (including Sec. 2106. Emergency State staffing flexi-
fight against COVID–19; the increase under section 2104) exceed the bility.
Whereas doctors and nurses across the amount of the individual’s average weekly Sec. 2107. Pandemic emergency unemploy-
United States have worked tirelessly to com- wages for an appropriate period prior to the ment compensation.
bat COVID–19, setting up testing facilities receipt of assistance under such section, as Sec. 2108. Temporary financing of short-
and providing constant top-notch care to in- determined by the Secretary of Labor. time compensation payments in
dividuals who have been infected; (b) FEDERAL PANDEMIC UNEMPLOYMENT States with programs in law.
Whereas mental health professionals have COMPENSATION.—Notwithstanding section Sec. 2109. Temporary financing of short-
continued to provide excellent therapy and 2104, in no case may the sum of the weekly time compensation agreements.
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counseling services, even in the face of the amount described in subparagraphs (A) (reg- Sec. 2110. Grants for short-time compensa-
unique challenges presented by social ular compensation) and (B) (Federal pan- tion programs.
distancing across the United States; demic unemployment compensation) of sec- Sec. 2111. Assistance and guidance in imple-
Whereas researchers and lab technicians tion 2104(b)(1) for an individual exceed the menting programs.
have been working around the clock to cre- amount of the individual’s average weekly Sec. 2112. Waiver of the 7-day waiting period
ate tests, find a treatment, and, ultimately, wages for which the amount described in for benefits under the Railroad
find a cure for COVID–19; such subparagraph (A) is based. Unemployment Insurance Act.
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S2064 CONGRESSIONAL RECORD — SENATE March 25, 2020
Sec. 2113. Enhanced benefits under the Rail- Sec. 3202. Pricing of diagnostic testing. Sec. 3602. Emergency Paid Sick Leave Act
road Unemployment Insurance Sec. 3203. Rapid coverage of preventive serv- Limitation.
Act. ices and vaccines for Sec. 3603. Unemployment insurance.
Sec. 2114. Extended unemployment benefits coronavirus. Sec. 3604. OMB Waiver of Paid Family and
under the Railroad Unemploy- SUBPART B—SUPPORT FOR HEALTH CARE Paid Sick Leave.
ment Insurance Act. PROVIDERS Sec. 3605. Paid leave for rehired employees.
Sec. 2115. Funding for the DOL Office of In- Sec. 3606. Advance refunding of credits.
Sec. 3211. Supplemental awards for health Sec. 3607. Expansion of DOL Authority to
spector General for oversight of centers.
unemployment provisions. postpone certain deadlines.
Sec. 3212. Telehealth network and telehealth Sec. 3608. Single-employer plan funding
Sec. 2116. Implementation. resource centers grant pro-
Subtitle B—Rebates and Other Individual rules.
grams. Sec. 3609. Application of cooperative and
Provisions Sec. 3213. Rural health care services out- small employer charity pension
Sec. 2201. 2020 recovery rebates for individ- reach, rural health network de- plan rules to certain charitable
uals. velopment, and small health employers whose primary ex-
Sec. 2202. Special rules for use of retirement care provider quality improve- empt purpose is providing serv-
funds. ment grant programs. ices with respect to mothers
Sec. 2203. Temporary waiver of required Sec. 3214. United States Public Health Serv-
and children.
minimum distribution rules for ice Modernization. Sec. 3610. Federal contractor authority.
certain retirement plans and Sec. 3215. Limitation on liability for volun- Sec. 3611. Technical corrections.
accounts. teer health care professionals
during COVID-19 emergency re- Subtitle D—Finance Committee
Sec. 2204. Allowance of partial above the
line deduction for charitable sponse. Sec. 3701. Exemption for telehealth services.
contributions. Sec. 3216. Flexibility for members of Na- Sec. 3702. Inclusion of certain over-the-
Sec. 2205. Modification of limitations on tional Health Service Corps counter medical products as
charitable contributions during during emergency period. qualified medical expenses.
2020. Sec. 3703. Increasing Medicare telehealth
SUBPART C—MISCELLANEOUS PROVISIONS
Sec. 2206. Exclusion for certain employer flexibilities during emergency
Sec. 3221. Confidentiality and disclosure of period.
payments of student loans. records relating to substance Sec. 3704. Enhancing Medicare telehealth
Subtitle C—Business Provisions use disorder. services for Federally qualified
Sec. 2301. Employee retention credit for em- Sec. 3222. Nutrition services. health centers and rural health
ployers subject to closure due Sec. 3223. Continuity of service and opportu- clinics during emergency pe-
to COVID-19. nities for participants in com- riod.
Sec. 2302. Delay of payment of employer munity service activities under Sec. 3705. Temporary waiver of requirement
payroll taxes. title V of the Older Americans for face-to-face visits between
Sec. 2303. Modifications for net operating Act of 1965. home dialysis patients and phy-
losses. Sec. 3224. Guidance on protected health in- sicians.
Sec. 2304. Modification of limitation on formation. Sec. 3706. Use of telehealth to conduct face-
losses for taxpayers other than Sec. 3225. Reauthorization of healthy start to-face encounter prior to re-
corporations. program. certification of eligibility for
Sec. 2305. Modification of credit for prior Sec. 3226. Importance of the blood supply. hospice care during emergency
year minimum tax liability of PART III—INNOVATION period.
corporations. Sec. 3301. Removing the cap on OTA during Sec. 3707. Encouraging use of telecommuni-
Sec. 2306. Modifications of limitation on public health emergencies. cations systems for home
business interest. Sec. 3302. Priority zoonotic animal drugs. health services furnished dur-
Sec. 2307. Technical amendments regarding ing emergency period.
PART IV—HEALTH CARE WORKFORCE
qualified improvement prop- Sec. 3708. Improving care planning for Medi-
erty. Sec. 3401. Reauthorization of health profes-
care home health services.
Sec. 2308. Temporary exception from excise sions workforce programs.
Sec. 3709. Adjustment of sequestration.
tax for alcohol used to produce Sec. 3402. Health workforce coordination.
Sec. 3710. Medicare hospital inpatient pro-
hand sanitizer. Sec. 3403. Education and training relating to
spective payment system add-
geriatrics.
TITLE III—SUPPORTING AMERICA’S on payment for COVID–19 pa-
Sec. 3404. Nursing workforce development.
HEALTH CARE SYSTEM IN THE FIGHT tients during emergency period.
AGAINST THE CORONAVIRUS Subtitle B—Education Provisions Sec. 3711. Increasing access to post-acute
Subtitle A—Health Provisions Sec. 3501. Short title. care during emergency period.
Sec. 3502. Definitions. Sec. 3712. Revising payment rates for dura-
Sec. 3001. Short title. Sec. 3503. Campus-based aid waivers. ble medical equipment under
PART I—ADDRESSING SUPPLY SHORTAGES Sec. 3504. Use of supplemental educational the Medicare program through
SUBPART A—MEDICAL PRODUCT SUPPLIES opportunity grants for emer- duration of emergency period.
Sec. 3101. National Academies report on gency aid. Sec. 3713. Coverage of the COVID-19 vaccine
America’s medical product sup- Sec. 3505. Federal work-study during a under part B of the Medicare
ply chain security. qualifying emergency. program without any cost-shar-
Sec. 3102. Requiring the strategic national Sec. 3506. Adjustment of subsidized loan ing.
stockpile to include certain usage limits. Sec. 3714. Requiring Medicare prescription
Sec. 3507. Exclusion from Federal Pell Grant drug plans and MA–PD plans to
types of medical supplies.
Sec. 3103. Treatment of respiratory protec- duration limit. allow during the COVID-19
Sec. 3508. Institutional refunds and Federal emergency period for fills and
tive devices as covered counter-
student loan flexibility. refills of covered part D drugs
measures.
Sec. 3509. Satisfactory academic progress. for up to a 3-month supply.
SUBPART B—MITIGATING EMERGENCY DRUG Sec. 3510. Continuing education at affected Sec. 3715. Providing home and community-
SHORTAGES foreign institutions. based services in acute care
Sec. 3111. Prioritize reviews of drug applica- Sec. 3511. National emergency educational hospitals.
tions; incentives. waivers. Sec. 3716. Clarification regarding uninsured
Sec. 3112. Additional manufacturer report- Sec. 3512. HBCU Capital financing. individuals.
ing requirements in response to Sec. 3513. Temporary relief for federal stu- Sec. 3717. Clarification regarding coverage
drug shortages. dent loan borrowers. of COVID-19 testing products.
SUBPART C—PREVENTING MEDICAL DEVICE Sec. 3514. Provisions related to the Corpora- Sec. 3718. Amendments relating to reporting
SHORTAGES tion for National and Commu- requirements with respect to
nity Service. clinical diagnostic laboratory
Sec. 3121. Discontinuance or interruption in Sec. 3515. Workforce response activities.
the production of medical de- tests.
Sec. 3516. Technical amendments. Sec. 3719. Expansion of the Medicare hos-
vices.
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Sec. 3517. Waiver authority and reporting re- pital accelerated payment pro-
PART II—ACCESS TO HEALTH CARE FOR quirement for institutional aid. gram during the COVID-19 pub-
COVID-19 PATIENTS Sec. 3518. Authorized uses and other modi- lic health emergency.
SUBPART A—COVERAGE OF TESTING AND fications for grants. Sec. 3720. Delaying requirements for en-
PREVENTIVE SERVICES Sec. 3519. Service obligations for teachers. hanced FMAP to enable State
Sec. 3201. Coverage of diagnostic testing for Subtitle C—Labor Provisions legislation necessary for com-
COVID-19. Sec. 3601. Limitation on paid leave. pliance.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2065
Subtitle E—Health and Human Services Sec. 4009. Temporary Government in the SEC. 1102. PAYCHECK PROTECTION PROGRAM.
Extenders Sunshine Act relief. (a) IN GENERAL.—Section 7(a) of the Small
PART I—MEDICARE PROVISIONS Sec. 4010. Temporary hiring flexibility. Business Act (15 U.S.C. 636(a)) is amended—
Sec. 4011. Temporary lending limit waiver. (1) in paragraph (2)—
Sec. 3801. Extension of the work geographic
Sec. 4012. Temporary relief for community (A) in subparagraph (A), in the matter pre-
index floor under the Medicare
banks. ceding clause (i), by striking ‘‘and (E)’’ and
program. Sec. 4013. Temporary relief from troubled
Sec. 3802. Extension of funding for quality inserting ‘‘(E), and (F)’’; and
debt restructurings. (B) by adding at the end the following:
measure endorsement, input, Sec. 4014. Optional temporary relief from
and selection. ‘‘(F) PARTICIPATION IN THE PAYCHECK PRO-
current expected credit losses. TECTION PROGRAM.—In an agreement to par-
Sec. 3803. Extension of funding outreach and Sec. 4015. Non-applicability of restrictions
assistance for low-income pro- ticipate in a loan on a deferred basis under
on ESF during national emer- paragraph (36), the participation by the Ad-
grams. gency. ministration shall be 100 percent.’’; and
PART II—MEDICAID PROVISIONS Sec. 4016. Temporary credit union provi- (2) by adding at the end the following:
Sec. 3811. Extension of the Money Follows sions. ‘‘(36) PAYCHECK PROTECTION PROGRAM.—
the Person rebalancing dem- Sec. 4017. Increasing access to materials
‘‘(A) DEFINITIONS.—In this paragraph—
onstration program. necessary for national security
‘‘(i) the terms ‘appropriate Federal bank-
Sec. 3812. Extension of spousal impoverish- and pandemic recovery.
ing agency’ and ‘insured depository institu-
ment protections. Sec. 4018. Special Inspector General for Pan-
tion’ have the meanings given those terms in
Sec. 3813. Delay of DSH reductions. demic Recovery.
section 3 of the Federal Deposit Insurance
Sec. 3814. Extension and expansion of Com- Sec. 4019. Conflicts of interest.
Act (12 U.S.C. 1813);
munity Mental Health Services Sec. 4020. Congressional Oversight Commis-
‘‘(ii) the term ‘covered loan’ means a loan
demonstration program. sion.
made under this paragraph during the cov-
PART III—HUMAN SERVICES AND OTHER Sec. 4021. Credit protection during COVID–
ered period;
HEALTH PROGRAMS 19.
Sec. 4022. Foreclosure moratorium and con- ‘‘(iii) the term ‘covered period’ means the
Sec. 3821. Extension of sexual risk avoidance sumer right to request forbear- period beginning on February 15, 2020 and
education program. ance. ending on June 30, 2020;
Sec. 3822. Extension of personal responsi- Sec. 4023. Forbearance of residential mort- ‘‘(iv) the term ‘eligible recipient’ means an
bility education program. gage loan payments for multi- individual or entity that is eligible to re-
Sec. 3823. Extension of demonstration family properties with federally ceive a covered loan;
projects to address health pro- backed loans. ‘‘(v) the term ‘eligible self-employed indi-
fessions workforce needs. Sec. 4024. Temporary moratorium on evic- vidual’ has the meaning given the term in
Sec. 3824. Extension of the temporary assist- tion filings. section 7002(b) of the Families First
ance for needy families pro- Sec. 4025. Protection of collective bar- Coronavirus Response Act (Public Law 116–
gram and related programs. gaining agreement. 127);
PART IV—PUBLIC HEALTH PROVISIONS Sec. 4026. Reports. ‘‘(vi) the term ‘insured credit union’ has
Sec. 4027. Direct appropriation. the meaning given the term in section 101 of
Sec. 3831. Extension for community health
Sec. 4028. Rule of construction. the Federal Credit Union Act (12 U.S.C. 1752);
centers, the National Health
Sec. 4029. Termination of authority. ‘‘(vii) the term ‘nonprofit organization’
Service Corps, and teaching
means an organization that is described in
health centers that operate Subtitle B—Air Carrier Worker Support
section 501(c)(3) of the Internal Revenue Code
GME programs. Sec. 4111. Definitions. of 1986 and that is exempt from taxation
Sec. 3832. Diabetes programs. Sec. 4112. Pandemic relief for aviation work- under section 501(a) of such Code;
PART V—MISCELLANEOUS PROVISIONS ers. ‘‘(viii) the term ‘payroll costs’—
Sec. 3841. Prevention of duplicate appropria- Sec. 4113. Procedures for providing payroll ‘‘(I) means—
tions for fiscal year 2020. support. ‘‘(aa) the sum of payments of any com-
Sec. 4114. Required assurances. pensation with respect to employees that is
Subtitle F—Over-the-Counter Drugs
Sec. 4115. Protection of collective bar- a—
PART I—OTC DRUG REVIEW gaining agreement. ‘‘(AA) salary, wage, commission, or similar
Sec. 3851. Regulation of certain nonprescrip- Sec. 4116. Limitation on certain employee compensation;
tion drugs that are marketed compensation. ‘‘(BB) payment of cash tip or equivalent;
without an approved drug appli- Sec. 4117. Tax payer protection. ‘‘(CC) payment for vacation, parental, fam-
cation. Sec. 4118. Reports. ily, medical, or sick leave;
Sec. 3852. Misbranding. Sec. 4119. Coordination. ‘‘(DD) allowance for dismissal or separa-
Sec. 3853. Drugs excluded from the over-the- Sec. 4120. Direct appropriation. tion;
counter drug review. TITLE V—CORONAVIRUS RELIEF FUNDS ‘‘(EE) payment required for the provisions
Sec. 3854. Treatment of Sunscreen Innova- Sec. 5001. Coronavirus Relief Fund. of group health care benefits, including in-
tion Act. surance premiums;
Sec. 3855. Annual update to Congress on ap- TITLE VI—MISCELLANEOUS PROVISIONS
‘‘(FF) payment of any retirement benefit;
propriate pediatric indication Sec. 6001. COVID–19 borrowing authority for or
for certain OTC cough and cold the United States Postal Serv- ‘‘(GG) payment of State or local tax as-
drugs. ice. sessed on the compensation of employees;
Sec. 3856. Technical corrections. Sec. 6002. Emergency designation. and
PART II—USER FEES DIVISION B—EMERGENCY APPROPRIA- ‘‘(bb) the sum of payments of any com-
Sec. 3861. Finding. TIONS FOR CORONAVIRUS HEALTH RE- pensation to or income of a sole proprietor
Sec. 3862. Fees relating to over-the-counter SPONSE AND AGENCY OPERATIONS or independent contractor that is a wage,
drugs. SEC. 3. REFERENCES. commission, income, net earnings from self-
Except as expressly provided otherwise, employment, or similar compensation and
TITLE IV—ECONOMIC STABILIZATION
any reference to ‘‘this Act’’ contained in any that is in an amount that is not more than
AND ASSISTANCE TO SEVERELY DIS-
division of this Act shall be treated as refer- $100,000 in 1 year, as prorated for the covered
TRESSED SECTORS OF THE UNITED
ring only to the provisions of that division. period; and
STATES ECONOMY
DIVISION A—KEEPING WORKERS PAID ‘‘(II) shall not include—
Subtitle A—Coronavirus Economic ‘‘(aa) the compensation of an individual
Stabilization Act of 2020 AND EMPLOYED, HEALTH CARE SYSTEM
ENHANCEMENTS, AND ECONOMIC STA- employee in excess of an annual salary of
Sec. 4001. Short title. BILIZATION $100,000, as prorated for the covered period;
Sec. 4002. Definitions. ‘‘(bb) taxes imposed or withheld under
Sec. 4003. Emergency relief and taxpayer TITLE I—KEEPING AMERICAN WORKERS chapters 21, 22, or 24 of the Internal Revenue
protections. PAID AND EMPLOYED ACT Code of 1986 during the covered period;
Sec. 4004. Limitation on certain employee SEC. 1101. DEFINITIONS. ‘‘(cc) any compensation of an employee
compensation. In this title— whose principal place of residence is outside
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Sec. 4005. Continuation of certain air serv- (1) the terms ‘‘Administration’’ and ‘‘Ad- of the United States;
ice. ministrator’’ mean the Small Business Ad- ‘‘(dd) qualified sick leave wages for which
Sec. 4006. Coordination with Secretary of ministration and the Administrator thereof, a credit is allowed under section 7001 of the
Transportation. respectively; and Families First Coronavirus Response Act
Sec. 4007. Suspension of certain aviation ex- (2) the term ‘‘small business concern’’ has (Public Law 116–127); or
cise taxes. the meaning given the term in section 3 of ‘‘(ee) qualified family leave wages for
Sec. 4008. Debt guarantee authority. the Small Business Act (15 U.S.C. 636). which a credit is allowed under section 7003
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S2066 CONGRESSIONAL RECORD — SENATE March 25, 2020
of the Families First Coronavirus Response tion 31(b)(2)(C) employs not more than 500 with the terms described in this paragraph, a
Act (Public Law 116–127); and employees under clause (i)(I), the term ‘em- lender shall consider whether the borrower—
‘‘(ix) the term ‘veterans organization’ ployee’ includes individuals employed on a ‘‘(aa) was in operation on February 15, 2020;
means an organization that is described in full-time, part-time, or other basis. and
section 501(c)(19) of the Internal Revenue ‘‘(vi) AFFILIATION.—The provisions applica- ‘‘(bb)(AA) had employees for whom the bor-
Code that is exempt from taxation under sec- ble to affiliations under section 121.103 of rower paid salaries and payroll taxes; or
tion 501(a) of such Code. title 13, Code of Federal Regulations, or any ‘‘(BB) paid independent contractors, as re-
‘‘(B) PAYCHECK PROTECTION LOANS.—Except successor thereto, shall apply with respect to ported on a Form 1099–MISC.
as otherwise provided in this paragraph, the a nonprofit organization and a veterans or- ‘‘(iii) ADDITIONAL LENDERS.—The authority
Administrator may guarantee covered loans ganization in the same manner as with re- to make loans under this paragraph shall be
under the same terms, conditions, and proc- spect to a small business concern. extended to additional lenders determined by
esses as a loan made under this subsection. ‘‘(E) MAXIMUM LOAN AMOUNT.—During the the Administrator and the Secretary of the
‘‘(C) REGISTRATION OF LOANS.—Not later covered period, with respect to a covered Treasury to have the necessary qualifica-
than 15 days after the date on which a loan loan, the maximum loan amount shall be the tions to process, close, disburse and service
is made under this paragraph, the Adminis- lesser of— loans made with the guarantee of the Admin-
tration shall register the loan using the TIN ‘‘(i)(I) the sum of— istration.
(as defined in section 7701 of the Internal ‘‘(aa) the product obtained by multi- ‘‘(iv) REFINANCE.—A loan made under sub-
Revenue Code of 1986) assigned to the bor- plying— section (b)(2) during the period beginning on
rower. January 31, 2020 and ending on the date on
‘‘(AA) the average total monthly payments
‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN which covered loans are made available may
by the applicant for payroll costs incurred
SMALL BUSINESSES AND ORGANIZATIONS.— be refinanced as part of a covered loan.
during the 1-year period before the date on
‘‘(i) IN GENERAL.—During the covered pe- ‘‘(v) NONRECOURSE.—Notwithstanding the
which the loan is made, except that, in the
riod, in addition to small business concerns, waiver of the personal guarantee require-
case of an applicant that is seasonal em-
any business concern, nonprofit organiza- ment or collateral under subparagraph (J),
ployer, as determined by the Administrator,
tion, veterans organization, or Tribal busi- the Administrator shall have no recourse
ness concern described in section 31(b)(2)(C) the average total monthly payments for pay- against any individual shareholder, member,
shall be eligible to receive a covered loan if roll shall be for the 12-week period beginning or partner of an eligible recipient of a cov-
the business concern, nonprofit organization, February 15, 2019, or at the election of the el- ered loan for nonpayment of any covered
veterans organization, or Tribal business igible recipient, March 1, 2019, and ending loan, except to the extent that such share-
concern employs not more than the greater June 30, 2019; by holder, member, or partner uses the covered
of— ‘‘(BB) 2.5; and loan proceeds for a purpose not authorized
‘‘(I) 500 employees; or ‘‘(bb) the outstanding amount of a loan under clause (i).
‘‘(II) if applicable, the size standard in under subsection (b)(2) that was made during ‘‘(G) BORROWER REQUIREMENTS.—
number of employees established by the Ad- the period beginning on January 31, 2020 and ‘‘(i) CERTIFICATION.—An eligible recipient
ministration for the industry in which the ending on the date on which covered loans applying for a covered loan shall make a
business concern, nonprofit organization, are made available to be refinanced under good faith certification—
veterans organization, or Tribal business the covered loan; or ‘‘(I) that the uncertainty of current eco-
concern operates. ‘‘(II) if requested by an otherwise eligible nomic conditions makes necessary the loan
‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDE- recipient that was not in business during the request to support the ongoing operations of
PENDENT CONTRACTORS, AND ELIGIBLE SELF- period beginning on February 15, 2019 and the eligible recipient;
EMPLOYED INDIVIDUALS.— ending on June 30, 2019, the sum of— ‘‘(II) acknowledging that funds will be used
‘‘(I) IN GENERAL.—During the covered pe- ‘‘(aa) the product obtained by multi- to retain workers and maintain payroll or
riod, individuals who operate under a sole plying— make mortgage payments, lease payments,
proprietorship or as an independent con- ‘‘(AA) the average total monthly payments and utility payments;
tractor and eligible self-employed individ- by the applicant for payroll costs incurred ‘‘(III) that the eligible recipient does not
uals shall be eligible to receive a covered during the period beginning on January 1, have an application pending for a loan under
loan. 2020 and ending on February 29, 2020; by this subsection for the same purpose and du-
‘‘(II) DOCUMENTATION.—An eligible self-em- ‘‘(BB) 2.5; and plicative of amounts applied for or received
ployed individual, independent contractor, ‘‘(bb) the outstanding amount of a loan under a covered loan; and
or sole proprietorship seeking a covered loan under subsection (b)(2) that was made during ‘‘(IV) during the period beginning on Feb-
shall submit such documentation as is nec- the period beginning on January 31, 2020 and ruary 15, 2020 and ending on December 31,
essary to establish such individual as eligi- ending on the date on which covered loans 2020, that the eligible recipient has not re-
ble, including payroll tax filings reported to are made available to be refinanced under ceived amounts under this subsection for the
the Internal Revenue Service, Forms 1099– the covered loan; or same purpose and duplicative of amounts ap-
MISC, and income and expenses from the ‘‘(ii) $10,000,000. plied for or received under a covered loan.
sole proprietorship, as determined by the Ad- ‘‘(F) ALLOWABLE USES OF COVERED LOANS.— ‘‘(H) FEE WAIVER.—During the covered pe-
ministrator and the Secretary. ‘‘(i) IN GENERAL.—During the covered pe- riod, with respect to a covered loan—
‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 riod, an eligible recipient may, in addition to ‘‘(i) in lieu of the fee otherwise applicable
PHYSICAL LOCATION.—During the covered pe- the allowable uses of a loan made under this under paragraph (23)(A), the Administrator
riod, any business concern that employs not subsection, use the proceeds of the covered shall collect no fee; and
more than 500 employees per physical loca- loan for— ‘‘(ii) in lieu of the fee otherwise applicable
tion of the business concern and that is as- ‘‘(I) payroll costs; under paragraph (18)(A), the Administrator
signed a North American Industry Classifica- ‘‘(II) costs related to the continuation of shall collect no fee.
tion System code beginning with 72 at the group health care benefits during periods of ‘‘(I) CREDIT ELSEWHERE.—During the cov-
time of disbursal shall be eligible to receive paid sick, medical, or family leave, and in- ered period, the requirement that a small
a covered loan. surance premiums; business concern is unable to obtain credit
‘‘(iv) WAIVER OF AFFILIATION RULES.—Dur- ‘‘(III) employee salaries, commissions, or elsewhere, as defined in section 3(h), shall
ing the covered period, the provisions appli- similar compensations; not apply to a covered loan.
cable to affiliations under section 121.103 of ‘‘(IV) payments of interest on any mort- ‘‘(J) WAIVER OF PERSONAL GUARANTEE RE-
title 13, Code of Federal Regulations, or any gage obligation (which shall not include any QUIREMENT.—During the covered period, with
successor regulation, are waived with respect prepayment of or payment of principal on a respect to a covered loan—
to eligibility for a covered loan for— mortgage obligation); ‘‘(i) no personal guarantee shall be re-
‘‘(I) any business concern with not more ‘‘(V) rent (including rent under a lease quired for the covered loan; and
than 500 employees that, as of the date on agreement); ‘‘(ii) no collateral shall be required for the
which the covered loan is disbursed, is as- ‘‘(VI) utilities; and covered loan.
signed a North American Industry Classifica- ‘‘(VII) interest on any other debt obliga- ‘‘(K) MATURITY FOR LOANS WITH REMAINING
tion System code beginning with 72; tions that were incurred before the covered BALANCE AFTER APPLICATION OF FORGIVE-
‘‘(II) any business concern operating as a period. NESS.—With respect to a covered loan that
franchise that is assigned a franchise identi- ‘‘(ii) DELEGATED AUTHORITY.— has a remaining balance after reduction
fier code by the Administration; and ‘‘(I) IN GENERAL.—For purposes of making based on the loan forgiveness amount under
‘‘(III) any business concern that receives fi- covered loans for the purposes described in section 1106 of the CARES Act—
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nancial assistance from a company licensed clause (i), a lender approved to make loans ‘‘(i) the remaining balance shall continue
under section 301 of the Small Business In- under this subsection shall be deemed to to be guaranteed by the Administration
vestment Act of 1958 (15 U.S.C. 681). have been delegated authority by the Admin- under this subsection; and
‘‘(v) EMPLOYEE.—For purposes of deter- istrator to make and approve covered loans, ‘‘(ii) the covered loan shall have a max-
mining whether a business concern, non- subject to the provisions of this paragraph. imum maturity of 10 years from the date on
profit organization, veterans organization, ‘‘(II) CONSIDERATIONS.—In evaluating the which the borrower applies for loan forgive-
or Tribal business concern described in sec- eligibility of a borrower for a covered loan ness under that section.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2067
‘‘(L) INTEREST RATE REQUIREMENTS.—A cov- ‘‘(III) 1 percent for loans of not less than (ii) quality, including shortages in supply
ered loan shall bear an interest rate not to $2,000,000. for quality control reasons; and
exceed 4 percent. ‘‘(ii) FEE LIMITS.—An agent that assists an (iii) technology, including a compromised
‘‘(M) LOAN DEFERMENT.— eligible recipient to prepare an application payment network;
‘‘(i) DEFINITION OF IMPACTED BORROWER.— for a covered loan may not collect a fee in (B) staffing challenges;
‘‘(I) IN GENERAL.—In this subparagraph, the excess of the limits established by the Ad- (C) a decrease in gross receipts or cus-
term ‘impacted borrower’ means an eligible ministrator. tomers; or
recipient that— ‘‘(iii) TIMING.—A reimbursement described (D) a closure;
‘‘(aa) is in operation on February 15, 2020; in clause (i) shall be made not later than 5 (2) the term ‘‘resource partner’’ means—
and days after the disbursement of the covered (A) a small business development center;
‘‘(bb) has an application for a covered loan loan. and
that is approved or pending approval on or ‘‘(iv) SENSE OF THE SENATE.—It is the sense (B) a women’s business center;
after the date of enactment of this para- of the Senate that the Administrator should (3) the term ‘‘small business development
graph. issue guidance to lenders and agents to en- center’’ has the meaning given the term in
‘‘(II) PRESUMPTION.—For purposes of this sure that the processing and disbursement of section 3 of the Small Business Act (15 U.S.C.
subparagraph, an impacted borrower is pre- covered loans prioritizes small business con- 632); and
sumed to have been adversely impacted by cerns and entities in underserved and rural (4) the term ‘‘women’s business center’’
COVID–19. markets, including veterans and members of means a women’s business center described
‘‘(ii) DEFERRAL.—During the covered pe- the military community, small business con- in section 29 of the Small Business Act (15
riod, the Administrator shall— cerns owned and controlled by socially and U.S.C. 656).
‘‘(I) consider each eligible recipient that economically disadvantaged individuals (as (b) EDUCATION, TRAINING, AND ADVISING
applies for a covered loan to be an impacted defined in section 8(d)(3)(C)), women, and GRANTS.—
borrower; and businesses in operation for less than 2 years. (1) IN GENERAL.—The Administration may
‘‘(II) require lenders under this subsection ‘‘(Q) DUPLICATION.—Nothing in this para- provide financial assistance in the form of
to provide complete payment deferment re- graph shall prohibit a recipient of an eco- grants to resource partners to provide edu-
lief for impacted borrowers with covered nomic injury disaster loan made under sub-
loans for a period of not less than 6 months, cation, training, and advising to covered
section (b)(2) during the period beginning on small business concerns.
including payment of principal, interest, and January 31, 2020 and ending on the date on
fees, and not more than 1 year. (2) USE OF FUNDS.—Grants under this sub-
which covered loans are made available that section shall be used for the education,
‘‘(iii) SECONDARY MARKET.—During the cov- is for a purpose other than paying payroll
ered period, with respect to a covered loan training, and advising of covered small busi-
costs and other obligations described in sub- ness concerns and their employees on—
that is sold on the secondary market, if an paragraph (F) from receiving assistance
investor declines to approve a deferral re- (A) accessing and applying for resources
under this paragraph. provided by the Administration and other
quested by a lender under clause (ii), the Ad- ‘‘(R) WAIVER OF PREPAYMENT PENALTY.—
ministrator shall exercise the authority to Federal resources relating to access to cap-
Notwithstanding any other provision of law, ital and business resiliency;
purchase the loan so that the impacted bor- there shall be no prepayment penalty for any
rower may receive a deferral for a period of (B) the hazards and prevention of the
payment made on a covered loan.’’. transmission and communication of COVID–
not less than 6 months, including payment of
(b) COMMITMENTS FOR 7(A) LOANS.—During 19 and other communicable diseases;
principal, interest, and fees, and not more
the period beginning on February 15, 2020 and (C) the potential effects of COVID–19 on
than 1 year.
ending on June 30, 2020— the supply chains, distribution, and sale of
‘‘(iv) GUIDANCE.—Not later than 30 days
(1) the amount authorized for commit- products of covered small business concerns
after the date of enactment of this para-
ments for general business loans authorized and the mitigation of those effects;
graph, the Administrator shall provide guid-
under section 7(a) of the Small Business Act (D) the management and practice of
ance to lenders under this paragraph on the
(15 U.S.C. 636(a)), including loans made under telework to reduce possible transmission of
deferment process described in this subpara-
graph. paragraph (36) of such section, as added by COVID–19;
‘‘(N) SECONDARY MARKET SALES.—A covered subsection (a), shall be $349,000,000,000; and (E) the management and practice of re-
loan shall be eligible to be sold in the sec- (2) the amount authorized for commit- mote customer service by electronic or other
ondary market consistent with this sub- ments for such loans under the heading means;
‘‘ BUSINESS LOANS PROGRAM ACCOUNT’’ under (F) the risks of and mitigation of cyber
section. The Administrator may not collect
any fee for any guarantee sold into the sec- the heading ‘‘SMALL BUSINESS ADMINISTRA- threats in remote customer service or
TION’’ under title V of the Consolidated Ap- telework practices;
ondary market under this subparagraph.
‘‘(O) REGULATORY CAPITAL REQUIREMENTS.— propriations Act, 2020 (Public Law 116–93; 133 (G) the mitigation of the effects of reduced
‘‘(i) RISK WEIGHT.—With respect to the ap- Stat. 2475) shall not apply. travel or outside activities on covered small
propriate Federal banking agencies or the (c) EXPRESS LOANS.— business concerns during COVID–19 or simi-
National Credit Union Administration Board (1) IN GENERAL.—Section 7(a)(31)(D) of the lar occurrences; and
applying capital requirements under their Small Business Act (15 U.S.C. 636(a)(31)(D)) is (H) any other relevant business practices
respective risk-based capital requirements, a amended by striking ‘‘$350,000’’ and inserting necessary to mitigate the economic effects
covered loan shall receive a risk weight of ‘‘$1,000,000’’. of COVID–19 or similar occurrences.
zero percent. (2) PROSPECTIVE REPEAL.—Effective on Jan- (3) GRANT DETERMINATION.—
‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLO- uary 1, 2021, section 7(a)(31)(D) of the Small (A) SMALL BUSINESS DEVELOPMENT CEN-
SURES.—Notwithstanding any other provi- Business Act (15 U.S.C. 636(a)(31)(D)) is TERS.—The Administration shall award 80
sion of law, an insured depository institution amended by striking ‘‘$1,000,000’’ and insert- percent of funds authorized to carry out this
or an insured credit union that modifies a ing ‘‘$350,000’’. subsection to small business development
covered loan in relation to COVID–19-related (d) EXCEPTION TO GUARANTEE FEE WAIVER centers, which shall be awarded pursuant to
difficulties in a troubled debt restructuring FOR VETERANS.—Section 7(a)(31)(G) of the a formula jointly developed, negotiated, and
on or after March 13, 2020, shall not be re- Small Business Act (15 U.S.C. 636(a)(31)(G)) is agreed upon, with full participation of both
quired to comply with the Financial Ac- amended— parties, between the association formed
counting Standards Board Accounting (1) by striking clause (ii); and under section 21(a)(3)(A) of the Small Busi-
Standards Codification Subtopic 310-40 (‘Re- (2) by redesignating clause (iii) as clause ness Act (15 U.S.C. 648(a)(3)(A)) and the Ad-
ceivables – Troubled Debt Restructurings by (ii). ministration.
Creditors’) for purposes of compliance with (e) INTERIM RULE.—On and after the date of (B) WOMEN’S BUSINESS CENTERS.—The Ad-
the requirements of the Federal Deposit In- enactment of this Act, the interim final rule ministration shall award 20 percent of funds
surance Act (12 U.S.C. 1811 et seq.), until published by the Administrator entitled ‘‘Ex- authorized to carry out this subsection to
such time and under such circumstances as press Loan Programs: Affiliation Standards’’ women’s business centers, which shall be
the appropriate Federal banking agency or (85 Fed. Reg. 7622 (February 10, 2020)) is per- awarded pursuant to a process established by
the National Credit Union Administration manently rescinded and shall have no force the Administration in consultation with re-
Board, as applicable, determines appropriate. or effect. cipients of assistance.
‘‘(P) REIMBURSEMENT FOR PROCESSING.— SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. (C) NO MATCHING FUNDS REQUIRED.—Match-
‘‘(i) IN GENERAL.—The Administrator shall (a) DEFINITIONS.—In this section— ing funds shall not be required for any grant
reimburse a lender authorized to make a cov- (1) the term ‘‘covered small business con- under this subsection.
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ered loan at a rate, based on the balance of cern’’ means a small business concern that (4) GOALS AND METRICS.—
the financing outstanding at the time of dis- has experienced, as a result of COVID–19— (A) IN GENERAL.—Goals and metrics for the
bursement of the covered loan, of— (A) supply chain disruptions, including funds made available under this subsection
‘‘(I) 5 percent for loans of not more than changes in— shall be jointly developed, negotiated, and
$350,000; (i) quantity and lead time, including the agreed upon, with full participation of both
‘‘(II) 3 percent for loans of more than number of shipments of components and parties, between the resource partners and
$350,000 and less than $2,000,000; and delays in shipments; the Administrator, which shall—
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S2068 CONGRESSIONAL RECORD — SENATE March 25, 2020
(i) take into consideration the extent of (B) with respect to the grant program (1) Payroll costs.
the circumstances relating to the spread of under subsection (c)— (2) Any payment of interest on any covered
COVID–19, or similar occurrences, that affect (i) the efforts of the Administrator and the mortgage obligation (which shall not include
covered small business concerns located in association or associations to develop and any prepayment of or payment of principal
the areas covered by the resource partner, evolve an online resource for small business on a covered mortgage obligation).
particularly in rural areas or economically concerns; and (3) Any payment on any covered rent obli-
distressed areas; (ii) the efforts of the Administrator and gation.
(ii) generally follow the use of funds out- the association or associations to develop a (4) Any covered utility payment.
lined in paragraph (2), but shall not restrict training program for resource partner coun- (c) TREATMENT OF AMOUNTS FORGIVEN.—
the activities of resource partners in re- selors, including the number of counselors (1) IN GENERAL.—Amounts which have been
sponding to unique situations; and trained. forgiven under this section shall be consid-
(iii) encourage resource partners to de- SEC. 1104. STATE TRADE EXPANSION PROGRAM. ered canceled indebtedness by a lender au-
velop and provide services to covered small (a) IN GENERAL.—Notwithstanding para- thorized under section 7(a) of the Small Busi-
business concerns. graph (3)(C)(iii) of section 22(l) of the Small ness Act (15 U.S.C. 636(a)).
(B) PUBLIC AVAILABILITY.—The Adminis- Business Act (15 U.S.C. 649(l)), for grants (2) PURCHASE OF GUARANTEES.—For pur-
trator shall make publicly available the under the State Trade Expansion Program poses of the purchase of the guarantee for a
methodology by which the Administrator under such section 22(l) using amounts made covered loan by the Administrator, amounts
and resource partners jointly develop the available for fiscal year 2018 or fiscal year which are forgiven under this section shall
metrics and goals described in subparagraph 2019, the period of the grant shall continue be treated in accordance with the procedures
(A). through the end of fiscal year 2021. that are otherwise applicable to a loan guar-
(b) REIMBURSEMENT.—The Administrator anteed under section 7(a) of the Small Busi-
(c) RESOURCE PARTNER ASSOCIATION
shall reimburse any recipient of assistance ness Act (15 U.S.C. 636(a)).
GRANTS.—
under section 22(l) of the Small Business Act (3) REMITTANCE.—Not later than 90 days
(1) IN GENERAL.—The Administrator may
(15 U.S.C. 649(l)) for financial losses relating after the date on which the amount of for-
provide grants to an association or associa-
to a foreign trade mission or a trade show giveness under this section is determined,
tions representing resource partners under
exhibition that was cancelled solely due to a the Administrator shall remit to the lender
which the association or associations shall
public health emergency declared due to an amount equal to the amount of forgive-
establish a single centralized hub for COVID–
COVID–19 if the reimbursement does not ex- ness, plus any interest accrued through the
19 information, which shall include— date of payment.
ceed a recipient’s grant funding.
(A) 1 online platform that consolidates re- (4) ADVANCE PURCHASE OF COVERED LOAN.—
SEC. 1105. WAIVER OF MATCHING FUNDS RE-
sources and information available across QUIREMENT UNDER THE WOMEN’S (A) REPORT.—A lender authorized under
multiple Federal agencies for small business BUSINESS CENTER PROGRAM. section 7(a) of the Small Business Act (15
concerns related to COVID–19; and During the 3-month period beginning on U.S.C. 636(a)), or, at the discretion of the Ad-
(B) a training program to educate resource the date of enactment of this Act, the re- ministrator, a third party participant in the
partner counselors, members of the Service quirement relating to obtaining cash con- secondary market, may, report to the Ad-
Corps of Retired Executives established tributions from non-Federal sources under ministrator an expected forgiveness amount
under section 8(b)(1)(B) of the Small Busi- section 29(c)(1) of the Small Business Act (15 on a covered loan or on a pool of covered
ness Act (15 U.S.C. 637(b)(1)(B)), and coun- U.S.C. 656(c)(1)) is waived for any recipient of loans of up to 100 percent of the principal on
selors at veterans business outreach centers assistance under such section 29. the covered loan or pool of covered loans, re-
described in section 32 of the Small Business SEC. 1106. LOAN FORGIVENESS. spectively.
Act (15 U.S.C. 657b) on the resources and in- (a) DEFINITIONS.—In this section— (B) PURCHASE.—The Administrator shall
formation described in subparagraph (A). (1) the term ‘‘covered loan’’ means a loan purchase the expected forgiveness amount
(2) GOALS AND METRICS.—Goals and metrics guaranteed under paragraph (36) of section described in subparagraph (A) as if the
for the funds made available under this sub- 7(a) of the Small Business Act (15 U.S.C. amount were the principal amount of a loan
section shall be jointly developed, nego- 636(a)), as added by section 1102; guaranteed under section 7(a) of the Small
tiated, and agreed upon, with full participa- (2) the term ‘‘covered mortgage obliga- Business Act 636(a)).
tion of both parties, between the association tion’’ means any indebtedness or debt instru- (C) TIMING.—Not later than 15 days after
or associations receiving a grant under this ment incurred in the ordinary course of busi- the date on which the Administrator re-
subsection and the Administrator. ness that— ceives a report under subparagraph (A), the
(d) REPORT.—Not later than 6 months after (A) is a liability of the borrower; Administrator shall purchase the expected
the date of enactment of this Act, and annu- (B) is a mortgage on real or personal prop- forgiveness amount under subparagraph (B)
ally thereafter, the Administrator shall sub- erty; and with respect to each covered loan to which
mit to the Committee on Small Business and (C) was incurred before February 15, 2020; the report relates.
Entrepreneurship of the Senate and the Com- (3) the term ‘‘covered period’’ means the 8- (d) LIMITS ON AMOUNT OF FORGIVENESS.—
mittee on Small Business of the House of week period beginning on the date of the (1) AMOUNT MAY NOT EXCEED PRINCIPAL.—
Representatives a report that describes— origination of a covered loan; The amount of loan forgiveness under this
(1) with respect to the initial year covered (4) the term ‘‘covered rent obligation’’ section shall not exceed the principal
by the report— means rent obligated under a leasing agree- amount of the financing made available
(A) the programs and services developed ment in force before February 15, 2020; under the applicable covered loan.
and provided by the Administration and re- (5) the term ‘‘covered utility payment’’ (2) REDUCTION BASED ON REDUCTION IN NUM-
source partners under subsection (b); means payment for a service for the distribu- BER OF EMPLOYEES.—
(B) the initial efforts to provide those serv- tion of electricity, gas, water, transpor- (A) IN GENERAL.—The amount of loan for-
ices under subsection (b); and tation, telephone, or internet access for giveness under this section shall be reduced,
(C) the online platform and training devel- which service began before February 15, 2020; but not increased, by multiplying the
oped and provided by the Administration and (6) the term ‘‘eligible recipient’’ means the amount described in subsection (b) by the
the association or associations under sub- recipient of a covered loan; quotient obtained by dividing—
section (c); and (7) the term ‘‘expected forgiveness (i) the average number of full-time equiva-
(2) with respect to the subsequent years amount’’ means the amount of principal that lent employees per month employed by the
covered by the report— a lender reasonably expects a borrower to ex- eligible recipient during the covered period;
(A) with respect to the grant program pend during the covered period on the sum of by
under subsection (b)— any— (ii)(I) at the election of the borrower—
(i) the efforts of the Administrator and re- (A) payroll costs; (aa) the average number of full-time equiv-
source partners to develop services to assist (B) payments of interest on any covered alent employees per month employed by the
covered small business concerns; mortgage obligation (which shall not include eligible recipient during the period begin-
(ii) the challenges faced by owners of cov- any prepayment of or payment of principal ning on February 15, 2019 and ending on June
ered small business concerns in accessing on a covered mortgage obligation); 30, 2019; or
services provided by the Administration and (C) payments on any covered rent obliga- (bb) the average number of full-time equiv-
resource partners; tion; and alent employees per month employed by the
(iii) the number of unique covered small (D) covered utility payments; and eligible recipient during the period begin-
business concerns that were served by the (8) the term ‘‘payroll costs’’ has the mean- ning on January 1, 2020 and ending on Feb-
Administration and resource partners; and ing given that term in paragraph (36) of sec- ruary 29, 2020; or
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(iv) other relevant outcome performance tion 7(a) of the Small Business Act (15 U.S.C. (II) in the case of an eligible recipient that
data with respect to covered small business 636(a)), as added by section 1102 of this Act. is seasonal employer, as determined by the
concerns, including the number of employees (b) FORGIVENESS.—An eligible recipient Administrator, the average number of full-
affected, the effect on sales, the disruptions shall be eligible for forgiveness of indebted- time equivalent employees per month em-
of supply chains, and the efforts made by the ness on a covered loan in an amount equal to ployed by the eligible recipient during the
Administration and resource partners to the sum of the following costs incurred and period beginning on February 15, 2019 and
mitigate these effects; and payments made during the covered period: ending on June 30, 2019.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2069
(B) CALCULATION OF AVERAGE NUMBER OF (2) documentation, including cancelled General’’, to remain available until Sep-
EMPLOYEES.—For purposes of subparagraph checks, payment receipts, transcripts of ac- tember 30, 2024, for necessary expenses of the
(A), the average number of full-time equiva- counts, or other documents verifying pay- Office of Inspector General of the Adminis-
lent employees shall be determined by calcu- ments on covered mortgage obligations, pay- tration in carrying out the provisions of the
lating the average number of full-time equiv- ments on covered lease obligations, and cov- Inspector General Act of 1978 (5 U.S.C. App.);
alent employees for each pay period falling ered utility payments; (4) $265,000,000 under the heading ‘‘Small
within a month. (3) a certification from a representative of Business Administration—Entrepreneurial
(3) REDUCTION RELATING TO SALARY AND the eligible recipient authorized to make Development Programs’’, of which—
WAGES.— such certifications that— (A) $240,000,000 shall be for carrying out
(A) IN GENERAL.—The amount of loan for- (A) the documentation presented is true section 1103(b) of this Act; and
giveness under this section shall be reduced and correct; and (B) $25,000,000 shall be for carrying out sec-
by the amount of any reduction in total sal- (B) the amount for which forgiveness is re- tion 1103(c) of this Act;
ary or wages of any employee described in quested was used to retain employees, make (5) $10,000,000 under the heading ‘‘Depart-
subparagraph (B) during the covered period interest payments on a covered mortgage ob- ment of Commerce—Minority Business De-
that is in excess of 25 percent of the total ligation, make payments on a covered rent velopment Agency’’ for minority business
salary or wages of the employee during the obligation, or make covered utility pay- centers of the Minority Business Develop-
most recent full quarter during which the ments; and ment Agency to provide technical assistance
employee was employed before the covered (4) any other documentation the Adminis- to small business concerns;
period. trator determines necessary. (6) $10,000,000,000 under the heading ‘‘Small
(B) EMPLOYEES DESCRIBED.—An employee (f) PROHIBITION ON FORGIVENESS WITHOUT Business Administration—Emergency EIDL
described in this subparagraph is any em- DOCUMENTATION.—No eligible recipient shall Grants’’ shall be for carrying out section 1110
ployee who did not receive, during any single receive forgiveness under this section with- of this Act;
pay period during 2019, wages or salary at an out submitting to the lender that is serv- (7) $17,000,000,000 under the heading ‘‘Small
annualized rate of pay in an amount more icing the covered loan the documentation re- Business Administration—Business Loans
than $100,000. quired under subsection (e). Program Account, CARES Act’’ shall be for
(4) TIPPED WORKERS.—An eligible recipient (g) DECISION.—Not later than 60 days after carrying out section 1112 of this Act; and
with tipped employees described in section the date on which a lender receives an appli- (8) $25,000,000 under the heading ‘‘Depart-
3(m)(2)(A) of the Fair Labor Standards Act of cation for loan forgiveness under this section ment of the Treasury—Departmental Of-
1938 (29 U.S.C. 203(m)(2)(A)) may receive for- from an eligible recipient, the lender shall fices—Salaries and Expenses’’ shall be for
giveness for additional wages paid to those issue a decision on the an application. carrying out section 1109 of this Act.
employees. (h) HOLD HARMLESS.—If a lender has re- (b) SECONDARY MARKET.—During the period
(5) EXEMPTION FOR RE-HIRES.— ceived the documentation required under beginning on the date of enactment of this
(A) IN GENERAL.—In a circumstance de- this section from an eligible recipient attest- Act and ending on September 30, 2021, guar-
scribed in subparagraph (B), the amount of ing that the eligible recipient has accurately antees of trust certificates authorized by
loan forgiveness under this section shall be verified the payments for payroll costs, pay- section 5(g) of the Small Business Act (15
determined without regard to a reduction in
ments on covered mortgage obligations, pay- U.S.C. 635(g)) shall not exceed a principal
the number of full-time equivalent employ-
ments on covered lease obligations, or cov- amount of $100,000,000,000.
ees of an eligible recipient or a reduction in
ered utility payments during covered pe- (c) REPORTS.—Not later than 180 days after
the salary of 1 or more employees of the eli-
riod— the date of enactment of this Act, the Ad-
gible recipient, as applicable, during the pe-
(1) an enforcement action may not be ministrator shall submit to the Committee
riod beginning on February 15, 2020 and end-
taken against the lender under section 47(e) on Appropriations of the Senate and the
ing on the date that is 30 days after the date
of the Small Business Act (15 U.S.C. 657t(e)) Committee on Appropriations of the House
of enactment of this Act.
relating to loan forgiveness for the payments of Representatives a detailed expenditure
(B) CIRCUMSTANCES.—A circumstance de-
for payroll costs, payments on covered mort- plan for using the amounts appropriated to
scribed in this subparagraph is a cir-
gage obligations, payments on covered lease the Administration under subsection (a).
cumstance—
obligations, or covered utility payments, as SEC. 1108. MINORITY BUSINESS DEVELOPMENT
(i) in which—
the case may be; and AGENCY.
(I) during the period beginning on Feb-
(2) the lender shall not be subject to any (a) DEFINITIONS.—In this section—
ruary 15, 2020 and ending on the date that is
penalties by the Administrator relating to (1) the term ‘‘Agency’’ means the Minority
30 days after the date of enactment of this
loan forgiveness for the payments for payroll Business Development Agency of the Depart-
Act, there is a reduction, as compared to
costs, payments on covered mortgage obliga- ment of Commerce;
February 15, 2020, in the number of full-time
tions, payments on covered lease obligations, (2) the term ‘‘minority business center’’
equivalent employees of an eligible recipi-
or covered utility payments, as the case may means a Business Center of the Agency;
ent; and
be. (3) the term ‘‘minority business enter-
(II) not later than June 30, 2020, the eligi-
(i) TAXABILITY.—For purposes of the Inter- prise’’ means a for-profit business enter-
ble employer has eliminated the reduction in
nal Revenue Code of 1986, any amount which prise—
the number of full-time equivalent employ-
(but for this subsection) would be includible (A) not less than 51 percent of which is
ees;
in gross income of the eligible recipient by owned by 1 or more socially disadvantaged
(ii) in which—
reason of forgiveness described in subsection individuals, as determined by the Agency;
(I) during the period beginning on Feb-
(b) shall be excluded from gross income. and
ruary 15, 2020 and ending on the date that is
(j) RULE OF CONSTRUCTION.—The cancella- (B) the management and daily business op-
30 days after the date of enactment of this
tion of indebtedness on a covered loan under erations of which are controlled by 1 or more
Act, there is a reduction, as compared to
this section shall not otherwise modify the socially disadvantaged individuals, as deter-
February 15, 2020, in the salary or wages of 1
terms and conditions of the covered loan. mined by the Agency; and
or more employees of the eligible recipient;
(k) REGULATIONS.—Not later than 30 days (4) the term ‘‘minority chamber of com-
and
after the date of enactment of this Act, the merce’’ means a chamber of commerce devel-
(II) not later than June 30, 2020, the eligi-
Administrator shall issue guidance and regu- oped specifically to support minority busi-
ble employer has eliminated the reduction in
lations implementing this section. ness enterprises.
the salary or wages of such employees; or
(iii) in which the events described in clause SEC. 1107. DIRECT APPROPRIATIONS. (b) EDUCATION, TRAINING, AND ADVISING
(i) and (ii) occur. (a) IN GENERAL.—There is appropriated, GRANTS.—
(6) EXEMPTIONS.—The Administrator and out of amounts in the Treasury not other- (1) IN GENERAL.—The Agency may provide
the Secretary of the Treasury may prescribe wise appropriated, for the fiscal year ending financial assistance in the form of grants to
regulations granting de minimis exemptions September 30, 2020, to remain available until minority business centers and minority
from the requirements under this subsection. September 30, 2021, for additional amounts— chambers of commerce to provide education,
(e) APPLICATION.—An eligible recipient (1) $349,000,000,000 under the heading training, and advising to minority business
seeking loan forgiveness under this section ‘‘Small Business Administration—Business enterprises.
shall submit to the lender that is servicing Loans Program Account, CARES Act’’ for (2) USE OF FUNDS.—Grants under this sec-
the covered loan an application, which shall the cost of guaranteed loans as authorized tion shall be used for the education, train-
include— under paragraph (36) of section 7(a) of the ing, and advising of minority business enter-
(1) documentation verifying the number of Small Business Act (15 U.S.C. 636(a)), as prises and their employees on—
dlhill on DSKBBY8HB2PROD with SENATE
full-time equivalent employees on payroll added by section 1102(a) of this Act; (A) accessing and applying for resources
and pay rates for the periods described in (2) $675,000,000 under the heading ‘‘Small provided by the Agency and other Federal re-
subsection (d), including— Business Administration—Salaries and Ex- sources relating to access to capital and
(A) payroll tax filings reported to the In- penses’’ for salaries and expenses of the Ad- business resiliency;
ternal Revenue Service; and ministration; (B) the hazards and prevention of the
(B) State income, payroll, and unemploy- (3) $25,000,000 under the heading ‘‘Small transmission and communication of COVID–
ment insurance filings; Business Administration—Office of Inspector 19 and other communicable diseases;
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S2070 CONGRESSIONAL RECORD — SENATE March 25, 2020
(C) the potential effects of COVID–19 on the Committee on Small Business and Entre- (d) REGULATIONS FOR LENDERS AND
the supply chains, distribution, and sale of preneurship and the Committee on Com- LOANS.—
products of minority business enterprises merce, Science, and Transportation of the (1) IN GENERAL.—The Secretary may issue
and the mitigation of those effects; Senate and the Committee on Small Busi- regulations and guidance as necessary to
(D) the management and practice of ness and the Committee on Energy and Com- carry out the purposes of this section, in-
telework to reduce possible transmission of merce of the House of Representatives a re- cluding to—
COVID–19; port that describes— (A) allow additional lenders to originate
(E) the management and practice of re- (1) with respect to the period covered by loans under this section; and
mote customer service by electronic or other the initial report— (B) establish terms and conditions for
means; (A) the programs and services developed loans under this section, including terms and
(F) the risks of and mitigation of cyber and provided by the Agency, minority busi- conditions concerning compensation, under-
threats in remote customer service or ness centers, and minority chambers of com- writing standards, interest rates, and matu-
telework practices; merce under subsection (b); and rity.
(G) the mitigation of the effects of reduced (B) the initial efforts to provide those serv- (2) REQUIREMENTS.—The terms and condi-
travel or outside activities on minority busi- ices under subsection (b); and tions established under paragraph (1) shall
ness enterprises during COVID–19 or similar (2) with respect to subsequent years cov- provide for the following:
occurrences; and ered by the report— (A) A rate of interest that does not exceed
(H) any other relevant business practices (A) with respect to the grant program the maximum permissible rate of interest
necessary to mitigate the economic effects under subsection (b)— available on a loan of comparable maturity
of COVID–19 or similar occurrences. (i) the efforts of the Agency, minority busi- under paragraph (36) of section 7(a) of the
(3) NO MATCHING FUNDS REQUIRED.—Match- ness centers, and minority chambers of com- Small Business Act (15 U.S.C. 636(a)), as
ing funds shall not be required for any grant merce to develop services to assist minority added by section 1102 of this Act.
under this section. business enterprises; (B) Terms and conditions that, to the max-
(4) GOALS AND METRICS.— (ii) the challenges faced by owners of mi- imum extent practicable, are consistent with
(A) IN GENERAL.—Goals and metrics for the nority business enterprises in accessing serv- the terms and conditions required under the
funds made available under this section shall ices provided by the Agency, minority busi- following provisions of paragraph (36) of sec-
be jointly developed, negotiated, and agreed ness centers, and minority chambers of com- tion 7(a) of the Small Business Act (15 U.S.C.
upon, with full participation of both parties, merce; 636(a)), as added by section 1102 of this Act:
between the minority business centers, mi- (iii) the number of unique minority busi- (i) Subparagraph (D), pertaining to bor-
nority chambers of commerce, and the Agen- ness enterprises that were served by the rower eligibility.
cy, which shall— Agency, minority business centers, or minor- (ii) Subparagraph (E), pertaining to the
(i) take into consideration the extent of ity chambers of commerce; and maximum loan amount.
the circumstances relating to the spread of (iv) other relevant outcome performance (iii) Subparagraph (F)(i), pertaining to al-
COVID–19, or similar occurrences, that affect data with respect to minority business enter- lowable uses of program loans.
minority business enterprises located in the prises, including the number of employees (iv) Subparagraph (H), pertaining to fee
areas covered by minority business centers affected, the effect on sales, the disruptions waivers.
and minority chambers of commerce, par- of supply chains, and the efforts made by the (v) Subparagraph (M), pertaining to loan
ticularly in rural areas or economically dis- Agency, minority business centers, and mi- deferment.
tressed areas; nority chambers of commerce to mitigate (C) A guarantee percentage that, to the
(ii) generally follow the use of funds out- these effects . maximum extent practicable, is consistent
lined in paragraph (2), but shall not restrict (e) AUTHORIZATION OF APPROPRIATIONS.— with the guarantee percentage required
the activities of minority business centers There is authorized to be appropriated under subparagraph (F) of section 7(a)(2) of
and minority chambers of commerce in re- $10,000,000 to carry out this section, to re- the Small Business Act (15 U.S.C. 636(a)(2)),
sponding to unique situations; and main available until expended. as added by section 1102 of this Act.
(iii) encourage minority business centers SEC. 1109. UNITED STATES TREASURY PROGRAM (D) Loan forgiveness under terms and con-
and minority chambers of commerce to de- MANAGEMENT AUTHORITY. ditions that, to the maximum extent prac-
velop and provide services to minority busi- (a) DEFINITIONS.—In this section— ticable, is consistent with the terms and con-
ness enterprises. (1) the terms ‘‘appropriate Federal banking ditions for loan forgiveness under section
(B) PUBLIC AVAILABILITY.—The Agency agency’’ and ‘‘insured depository institu- 1106 of this Act.
shall make publicly available the method- tion’’ have the meanings given those terms (e) ADDITIONAL REGULATIONS GENERALLY.—
ology by which the Agency, minority busi- The Secretary may issue regulations and
in section 3 of the Federal Deposit Insurance
ness centers, and minority chambers of com- guidance as necessary to carry out the pur-
Act (12 U.S.C. 1813);
merce jointly develop the metrics and goals poses of this section, including to allow addi-
(2) the term ‘‘insured credit union’’ has the
described in subparagraph (A). tional lenders to originate loans under this
meaning given the term in section 101 of the
(c) WAIVERS.— title and to establish terms and conditions
Federal Credit Union Act (12 U.S.C. 1752); such as compensation, underwriting stand-
(1) IN GENERAL.—Notwithstanding any and
other provision of law or regulation, the ards, interest rates, and maturity for under
(3) the term ‘‘Secretary’’ means the Sec- this section.
Agency may, during the 3-month period that retary of the Treasury.
begins on the date of enactment of this Act, (f) CERTIFICATION.—As a condition of re-
(b) AUTHORITY TO INCLUDE ADDITIONAL FI- ceiving a loan under this section, a borrower
waive any matching requirement imposed on NANCIAL INSTITUTIONS.—The Department of shall certify under terms acceptable to the
a minority business center or a specialty the Treasury, in consultation with the Ad- Secretary that the borrower—
center of the Agency under a cooperative ministrator, and the Chairman of the Farm (1) does not have an application pending
agreement between such a center and the Credit Administration shall establish cri- for a loan under section 7(a) of the Small
Agency if the applicable center is unable to teria for insured depository institutions, in- Business Act (15 U.S.C. 636(a)) for the same
raise funds, or has suffered a loss of revenue, sured credit unions, institutions of the Farm purpose; and
because of the effects of COVID–19. Credit System chartered under the Farm (2) has not received such a loan during the
(2) REMAINING COMPLIANT.—Notwith- Credit Act of 1971 (12 U.S.C. 2001 et seq.), and period beginning on February 15, 2020 and
standing any provision of a cooperative other lenders that do not already participate ending on December 31, 2020.
agreement between the Agency and a minor- in lending under programs of the Adminis- (g) OPT-IN FOR SBA QUALIFIED LENDERS.—
ity business center, if, during the period be- tration, to participate in the paycheck pro- Lenders qualified to participate as a lender
ginning on the date of enactment of this Act tection program to provide loans under this under 7(a) of the Small Business Act (15
and ending on September 30, 2021, such a cen- section until the date on which the national U.S.C. 636(a)) may elect to participate in the
ter decides not to collect fees because of the emergency declared by the President under paycheck protection program under the cri-
economic consequences of COVID–19, the the National Emergencies Act (50 U.S.C. 1601 teria, terms, and conditions established
center shall be considered to be in compli- et seq.) with respect to the Coronavirus Dis- under this section. Such participation shall
ance with that agreement if— ease 2019 (COVID–19) expires. not preclude the lenders from continuing
(A) the center notifies the Agency with re- (c) SAFETY AND SOUNDNESS.—An insured participation as a lender under section 7(a)
spect to that decision, which the center may depository institution, insured credit union, of the Small Business Act (15 U.S.C. 636(a)).
provide through electronic mail; and institution of the Farm Credit System char- (h) PROGRAM ADMINISTRATION.—With guid-
(B) the Agency, not later than 15 days after tered under the Farm Credit Act of 1971 (12 ance from the Secretary, the Administrator
the date on which the center provides notice U.S.C. 2001 et seq.), or other lender may only shall administer the program established
dlhill on DSKBBY8HB2PROD with SENATE
to the Agency under subparagraph (A)— participate in the program established under under this section, including the making and
(i) confirms receipt of the notification this section if participation does not affect purchasing of guarantees on loans under the
under subparagraph (A); and the safety and soundness of the institution program, until the date on which the na-
(ii) accepts the decision of the center. or lender, as determined by the Secretary in tional emergency declared by the President
(d) REPORT.—Not later than 6 months after consultation with the appropriate Federal under the National Emergencies Act (50
the date of enactment of this Act, and annu- banking agencies or the National Credit U.S.C. 1601 et seq.) with respect to the
ally thereafter, the Agency shall submit to Union Administration Board, as applicable. Coronavirus Disease 2019 (COVID–19) expires.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2071
(i) CRIMINAL PENALTIES.—A loan under this (3) AMOUNT.—The amount of an advance graph and the Administrator shall accept ap-
section shall be deemed to be a loan under provided under this subsection shall be not plications for such assistance immediately.’’.
the Small Business Act (15 U.S.C. 631 et seq.) more than $10,000. SEC. 1111. RESOURCES AND SERVICES IN LAN-
for purposes of section 16 of such Act (15 (4) USE OF FUNDS.—An advance provided GUAGES OTHER THAN ENGLISH.
U.S.C. 645). under this subsection may be used to address (a) IN GENERAL.—The Administrator shall
SEC. 1110. EMERGENCY EIDL GRANTS. any allowable purpose for a loan made under provide the resources and services made
section 7(b)(2) of the Small Business Act (15 available by the Administration to small
(a) DEFINITIONS.—In this section— U.S.C. 636(b)(2)), including— business concerns in the 10 most commonly
(1) the term ‘‘covered period’’ means the (A) providing paid sick leave to employees spoken languages, other than English, in the
period beginning on January 31, 2020 and end- unable to work due to the direct effect of the United States, which shall include Mandarin,
ing on December 31, 2020; and COVID–19; Cantonese, Japanese, and Korean.
(2) the term ‘‘eligible entity’’ means— (B) maintaining payroll to retain employ- (b) AUTHORIZATION OF APPROPRIATIONS.—
(A) a business with not more than 500 em- ees during business disruptions or substan- There is authorized to be appropriated to the
ployees; tial slowdowns; Administrator $25,000,000 to carry out this
(B) any individual who operates under a (C) meeting increased costs to obtain ma- section.
sole proprietorship, with or without employ- terials unavailable from the applicant’s
ees, or as an independent contractor; SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAY-
original source due to interrupted supply MENTS.
(C) a cooperative with not more than 500 chains;
employees; (a) DEFINITION OF COVERED LOAN.—In this
(D) making rent or mortgage payments;
(D) an ESOP (as defined in section 3 of the section, the term ‘‘covered loan’’ means a
and
Small Business Act (15 U.S.C. 632)) with not loan that is—
(E) repaying obligations that cannot be
more than 500 employees; or (1) guaranteed by the Administration
met due to revenue losses.
(E) a tribal small business concern, as de- under—
(5) REPAYMENT.—An applicant shall not be
scribed in section 31(b)(2)(C) of the Small (A) section 7(a) of the Small Business Act
required to repay any amounts of an advance
Business Act (15 U.S.C. 657a(b)(2)(C)), with (15 U.S.C. 636(a))—
provided under this subsection, even if subse-
not more than 500 employees. quently denied a loan under section 7(b)(2) of (i) including a loan made under the Com-
the Small Business Act (15 U.S.C. 636(b)(2)). munity Advantage Pilot Program of the Ad-
(b) ELIGIBLE ENTITIES.—During the covered
(6) UNEMPLOYMENT GRANT.—If an applicant ministration; and
period, in addition to small business con-
that receives an advance under this sub- (ii) excluding a loan made under paragraph
cerns, private nonprofit organizations, and
section transfers into, or is approved for, the (36) of such section 7(a), as added by section
small agricultural cooperatives, an eligible
loan program under section 7(a) of the Small 1102; or
entity shall be eligible for a loan made under
Business Act (15 U.S.C. 636(a)), the advance (B) title V of the Small Business Invest-
section 7(b)(2) of the Small Business Act (15
amount shall be reduced from the loan for- ment Act of 1958 (15 U.S.C. 695 et seq.); or
U.S.C. 636(b)(2)).
giveness amount for a loan for payroll costs (2) made by an intermediary to a small
(c) TERMS; CREDIT ELSEWHERE.—With re- business concern using loans or grants re-
spect to a loan made under section 7(b)(2) of made under such section 7(a).
(7) AUTHORIZATION OF APPROPRIATIONS.— ceived under section 7(m) of the Small Busi-
the Small Business Act (15 U.S.C. 636(b)(2)) in ness Act (15 U.S.C. 636(m)).
response to COVID–19 during the covered pe- There is authorized to be appropriated to the
Administration $10,000,000,000 to carry out (b) SENSE OF CONGRESS.—It is the sense of
riod, the Administrator shall waive— Congress that—
(1) any rules related the personal guar- this subsection.
(8) TERMINATION.—The authority to carry (1) all borrowers are adversely affected by
antee on advances and loans of not more COVID-19;
than $200,000 during the covered period for out grants under this subsection shall termi-
nate on December 31, 2020. (2) relief payments by the Administration
all applicants; are appropriate for all borrowers; and
(f) EMERGENCIES INVOLVING FEDERAL PRI-
(2) the requirement that an applicant needs MARY RESPONSIBILITY QUALIFYING FOR SBA (3) in addition to the relief provided under
to be in business for the 1-year period before ASSISTANCE.—Section 7(b)(2) of the Small this Act, the Administration should encour-
the disaster, except that no waiver may be Business Act (15 U.S.C. 636(b)(2)) is amend- age lenders to provide payment deferments,
made for a business that was not in oper- ed— when appropriate, and to extend the matu-
ation on January 31, 2020; and (1) in subparagraph (A), by striking ‘‘or’’ at rity of covered loans, so as to avoid balloon
(3) the requirement in the flush matter fol- the end; payments or any requirement for increases
lowing subparagraph (E) of section 7(b)(2) of (2) in subparagraph (B), by striking ‘‘or’’ at in debt payments resulting from deferments
the Small Business Act (15 U.S.C. 636(b)(2)), the end; provided by lenders during the period of the
as so redesignated by subsection (f) of this (3) in subparagraph (C), by striking ‘‘or’’ at national emergency declared by the Presi-
section, that an applicant be unable to ob- the end; dent under the National Emergencies Act (50
tain credit elsewhere. (4) by redesignating subparagraph (D) as U.S.C. 1601 et seq.) with respect to the
(d) APPROVAL AND ABILITY TO REPAY FOR subparagraph (E); Coronavirus Disease 2019 (COVID–19).
SMALL DOLLAR LOANS.—With respect to a (5) by inserting after subparagraph (C) the (c) PRINCIPAL AND INTEREST PAYMENTS.—
loan made under section 7(b)(2) of the Small following: (1) IN GENERAL.—The Administrator shall
Business Act (15 U.S.C. 636(b)(2)) in response ‘‘(D) an emergency involving Federal pri- pay the principal, interest, and any associ-
to COVID–19 during the covered period, the mary responsibility determined to exist by ated fees that are owed on a covered loan in
Administrator may— the President under the section 501(b) of the a regular servicing status—
(1) approve an applicant based solely on Robert T. Stafford Disaster Relief and Emer- (A) with respect to a covered loan made be-
the credit score of the applicant and shall gency Assistance Act (42 U.S.C. 5191(b)); or’’; fore the date of enactment of this Act and
not require an applicant to submit a tax re- and not on deferment, for the 6-month period be-
turn or a tax return transcript for such ap- (6) in subparagraph (E), as so redesig- ginning with the next payment due on the
proval; or nated— covered loan;
(2) use alternative appropriate methods to (A) by striking ‘‘or (C)’’ and inserting ‘‘(C), (B) with respect to a covered loan made be-
determine an applicant’s ability to repay. or (D)’’; fore the date of enactment of this Act and on
(e) EMERGENCY GRANT.— (B) by striking ‘‘disaster declaration’’ each deferment, for the 6-month period beginning
(1) IN GENERAL.—During the covered period, place it appears and inserting ‘‘disaster or with the next payment due on the covered
an entity included for eligibility in sub- emergency declaration’’; loan after the deferment period; and
section (b), including small business con- (C) by striking ‘‘disaster has occurred’’ and (C) with respect to a covered loan made
cerns, private nonprofit organizations, and inserting ‘‘disaster or emergency has oc- during the period beginning on the date of
small agricultural cooperatives, that applies curred’’; enactment of this Act and ending on the date
for a loan under section 7(b)(2) of the Small (D) by striking ‘‘such disaster’’ and insert- that is 6 months after such date of enact-
Business Act (15 U.S.C. 636(b)(2)) in response ing ‘‘such disaster or emergency’’; and ment, for the 6-month period beginning with
to COVID–19 may request that the Adminis- (E) by striking ‘‘disaster stricken’’ and in- the first payment due on the covered loan.
trator provide an advance that is, subject to serting ‘‘disaster- or emergency-stricken’’; (2) TIMING OF PAYMENT.—The Adminis-
paragraph (3), in the amount requested by and trator shall begin making payments under
such applicant to such applicant within 3 (7) in the flush matter following subpara- paragraph (1) on a covered loan not later
days after the Administrator receives an ap- graph (E), as so redesignated, by striking the than 30 days after the date on which the first
plication from such applicant. period at the end and inserting the following: such payment is due.
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(2) VERIFICATION.—Before disbursing ‘‘: Provided further, That for purposes of sub- (3) APPLICATION OF PAYMENT.—Any pay-
amounts under this subsection, the Adminis- paragraph (D), the Administrator shall deem ment made by the Administrator under para-
trator shall verify that the applicant is an that such an emergency affects each State or graph (1) shall be applied to the covered loan
eligible entity by accepting a self-certifi- subdivision thereof (including counties), and such that the borrower is relieved of the ob-
cation from the applicant under penalty of that each State or subdivision has sufficient ligation to pay that amount.
perjury pursuant to section 1746 of title 28 economic damage to small business concerns (d) OTHER REQUIREMENTS.—The Adminis-
United States Code. to qualify for assistance under this para- trator shall—
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S2072 CONGRESSIONAL RECORD — SENATE March 25, 2020
(1) communicate and coordinate with the ‘‘(iii) any debtor that is an affiliate of an (iii) MODIFICATION OF PLAN AFTER CON-
Federal Deposit Insurance Corporation, the issuer (as defined in section 3 of the Securi- FIRMATION.—Section 1329 of title 11, United
Office of the Comptroller of the Currency, ties Exchange Act of 1934 (15 U.S.C. 78c)).’’. States Code, is amended by striking sub-
and State bank regulators to encourage (B) UNCLAIMED PROPERTY.—Section 347(b) section (d).
those entities to not require lenders to in- of title 11, United States Code, is amended by (B) EFFECTIVE DATE.—The amendments
crease their reserves on account of receiving striking ‘‘1194’’ and inserting ‘‘1191’’. made by subparagraph (A) shall take effect
payments made by the Administrator under (5) SUNSET.—On the date that is 1 year on the date that is 1 year after the date of
subsection (c); after the date of enactment of this Act, sec- enactment of this Act.
(2) waive statutory limits on maximum tion 1182(1) of title 11, United States Code, is SEC. 1114. EMERGENCY RULEMAKING AUTHOR-
loan maturities for any covered loan dura- amended to read as follows: ITY.
tions where the lender provides a deferral ‘‘(1) DEBTOR.—The term ‘debtor’ means a
and extends the maturity of covered loans small business debtor.’’. Not later than 15 days after the date of en-
during the 1-year period following the date of (b) BANKRUPTCY RELIEF.— actment of this Act, the Administrator shall
enactment of this Act; and (1) IN GENERAL.— issue regulations to carry out this title and
(3) when necessary to provide more time (A) EXCLUSION FROM CURRENT MONTHLY IN- the amendments made by this title without
because of the potential of higher volumes, COME.—Section 101(10A)(B)(ii) of title 11,
regard to the notice requirements under sec-
travel restrictions, and the inability to ac- United States Code, is amended— tion 553(b) of title 5, United States Code.
cess some properties during the COVID–19 (i) in subclause (III), by striking ‘‘; and’’ TITLE II—ASSISTANCE FOR AMERICAN
pandemic, extend lender site visit require- and inserting a semicolon; WORKERS, FAMILIES, AND BUSINESSES
ments to— (ii) in subclause (IV), by striking the pe-
(A) not more than 60 days (which may be riod at the end and inserting ‘‘; and’’; and Subtitle A—Unemployment Insurance
extended at the discretion of the Administra- (iii) by adding at the end the following: Provisions
tion) after the occurrence of an adverse ‘‘(V) Payments made under Federal law re- SEC. 2101. SHORT TITLE.
event, other than a payment default, causing lating to the national emergency declared by
a loan to be classified as in liquidation; and This subtitle may be cited as the ‘‘Relief
the President under the National Emer-
(B) not more than 90 days after a payment for Workers Affected by Coronavirus Act’’.
gencies Act (50 U.S.C. 1601 et seq.) with re-
default. spect to the coronavirus disease 2019 SEC. 2102. PANDEMIC UNEMPLOYMENT ASSIST-
(e) RULE OF CONSTRUCTION.—Nothing in (COVID–19).’’. ANCE.
this section may be construed to limit the (B) CONFIRMATION OF PLAN.—Section (a) DEFINITIONS.—In this section:
authority of the Administrator to make pay- 1325(b)(2) of title 11, United States Code, is (1) COVID–19.—The term ‘‘COVID-19’’
ments pursuant to subsection (c) with re- amended by inserting ‘‘payments made under means the 2019 Novel Coronavirus or 2019-
spect to a covered loan solely because the Federal law relating to the national emer- nCoV.
covered loan has been sold in the secondary gency declared by the President under the (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
market. National Emergencies Act (50 U.S.C. 1601 et The term ‘‘COVID-19 public health emer-
(f) AUTHORIZATION OF APPROPRIATIONS.— seq.) with respect to the coronavirus disease gency’’ means the public health emergency
There is authorized to be appropriated to the 2019 (COVID–19),’’ after ‘‘other than’’. declared by the Secretary of Health and
Administrator $17,000,000,000 to carry out (C) MODIFICATION OF PLAN AFTER CONFIRMA- Human Services on January 27, 2020, with re-
this section. TION.—Section 1329 of title 11, United States spect to the 2019 Novel Coronavirus.
SEC. 1113. BANKRUPTCY. Code, is amended by adding at end the fol- (3) COVERED INDIVIDUAL.—The term ‘‘cov-
(a) SMALL BUSINESS DEBTOR REORGANIZA- lowing: ered individual’’—
TION.— ‘‘(d)(1) Subject to paragraph (3), for a plan (A) means an individual who—
(1) IN GENERAL.—Section 1182(1) of title 11, confirmed prior to the date of enactment of (i) is not eligible for regular compensation
United States Code, is amended to read as this subsection, the plan may be modified or extended benefits under State or Federal
follows: upon the request of the debtor if— law or pandemic emergency unemployment
‘‘(1) DEBTOR.—The term ‘debtor’— ‘‘(A) the debtor is experiencing or has expe- compensation under section 2107, including
‘‘(A) subject to subparagraph (B), means a rienced a material financial hardship due, di- an individual who has exhausted all rights to
person engaged in commercial or business rectly or indirectly, to the coronavirus dis- regular unemployment or extended benefits
activities (including any affiliate of such ease 2019 (COVID–19) pandemic; and under State or Federal law or pandemic
person that is also a debtor under this title ‘‘(B) the modification is approved after no- emergency unemployment compensation
and excluding a person whose primary activ- tice and a hearing. under section 2107; and
ity is the business of owning single asset real ‘‘(2) A plan modified under paragraph (1) (ii) provides self-certification that the in-
estate) that has aggregate noncontingent may not provide for payments over a period dividual—
liquidated secured and unsecured debts as of that expires more than 7 years after the time (I) is otherwise able to work and available
the date of the filing of the petition or the that the first payment under the original for work within the meaning of applicable
date of the order for relief in an amount not confirmed plan was due. State law, except the individual is unem-
more than $7,500,000 (excluding debts owed to ‘‘(3) Sections 1322(a), 1322(b), 1323(c), and ployed, partially unemployed, or unable or
1 or more affiliates or insiders) not less than the requirements of section 1325(a) shall unavailable to work because—
50 percent of which arose from the commer- apply to any modification under paragraph (aa) the individual has been diagnosed with
cial or business activities of the debtor; and (1).’’. COVID–19 or is experiencing symptoms of
‘‘(B) does not include— (D) APPLICABILITY.— COVID–19 and seeking a medical diagnosis;
‘‘(i) any member of a group of affiliated (i) The amendments made by subpara- (bb) a member of the individual’s house-
debtors that has aggregate noncontingent graphs (A) and (B) shall apply to any case hold has been diagnosed with COVID–19;
liquidated secured and unsecured debts in an commenced before, on, or after the date of (cc) the individual is providing care for a
amount greater than $7,500,000 (excluding enactment of this Act. family member or a member of the individ-
debt owed to 1 or more affiliates or insiders); (ii) The amendment made by subparagraph ual’s household who has been diagnosed with
‘‘(ii) any debtor that is a corporation sub- (C) shall apply to any case for which a plan COVID–19;
ject to the reporting requirements under sec- has been confirmed under section 1325 of title (dd) a child or other person in the house-
tion 13 or 15(d) of the Securities Exchange 11, United States Code, before the date of en- hold for which the individual has primary
Act of 1934 (15 U.S.C. 78m, 78o(d)); or actment of this Act. caregiving responsibility is unable to attend
‘‘(iii) any debtor that is an affiliate of an (2) SUNSET.— school or another facility that is closed as a
issuer, as defined in section 3 of the Securi- (A) IN GENERAL.— direct result of the COVID-19 public health
ties Exchange Act of 1934 (15 U.S.C. 78c).’’. (i) EXCLUSION FROM CURRENT MONTHLY IN- emergency and such school or facility care is
(2) APPLICABILITY OF CHAPTERS.—Section COME.—Section 101(10A)(B)(ii) of title 11, required for the individual to work;
103(i) of title 11, United States Code, is United States Code, is amended— (ee) the individual is unable to reach the
amended by striking ‘‘small business debtor’’ (I) in subclause (III), by striking the semi- place of employment because of a quarantine
and inserting ‘‘debtor (as defined in section colon at the end and inserting ‘‘; and’’; imposed as a direct result of the COVID-19
1182)’’. (II) in subclause (IV), by striking ‘‘; and’’ public health emergency;
(3) APPLICATION OF AMENDMENT.—The and inserting a period; and (ff) the individual is unable to reach the
amendment made by paragraph (1) shall (III) by striking subclause (V). place of employment because the individual
apply only with respect to cases commenced (ii) CONFIRMATION OF PLAN.—Section has been advised by a health care provider to
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under title 11, United States Code, on or 1325(b)(2) of title 11, United States Code, is self-quarantine due to concerns related to
after the date of enactment of this Act. amended by striking ‘‘payments made under COVID–19;
(4) TECHNICAL CORRECTIONS.— Federal law relating to the national emer- (gg) the individual was scheduled to com-
(A) DEFINITION OF SMALL BUSINESS DEBT- gency declared by the President under the mence employment and does not have a job
OR.—Section 101(51D)(B)(iii) of title 11, National Emergencies Act (50 U.S.C. 1601 et or is unable to reach the job as a direct re-
United States Code, is amended to read as seq.) with respect to the coronavirus disease sult of the COVID-19 public health emer-
follows: 2019 (COVID–19),’’. gency;
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2073
(hh) the individual has become the bread- (1) IN GENERAL.—The assistance authorized as may be agreed upon by the Secretary and
winner or major support for a household be- under subsection (b) for a week of unemploy- the State agency of the State involved.
cause the head of the household has died as ment, partial unemployment, or inability to (g) FUNDING.—
a direct result of COVID–19; work shall be— (1) ASSISTANCE.—
(ii) the individual has to quit his or her job (A)(i) the weekly benefit amount author- (A) IN GENERAL.—Funds in the extended
as a direct result of COVID–19; ized under the unemployment compensation unemployment compensation account (as es-
(jj) the individual’s place of employment is law of the State where the covered indi- tablished by section 905(a) of the Social Se-
closed as a direct result of the COVID–19 vidual was employed, except that the curity Act (42 U.S.C. 1105(a)) of the Unem-
public health emergency; or amount may not be less than the minimum ployment Trust Fund (as established by sec-
(kk) the individual meets any additional weekly benefit amount described in section tion 904(a) of such Act (42 U.S.C. 1104(a))
criteria established by the Secretary for un- 625.6 of title 20, Code of Federal Regulations, shall be used to make payments to States
employment assistance under this section; or or any successor thereto; and pursuant to subsection (f)(2)(A).
(II) is self-employed, is seeking part-time (ii) the amount of Federal Pandemic Un- (B) TRANSFER OF FUNDS.—Notwithstanding
employment, does not have sufficient work employment Compensation under section any other provision of law, the Secretary of
history, or otherwise would not qualify for 2104; and the Treasury shall transfer from the general
regular unemployment or extended benefits (B) in the case of an increase of the weekly fund of the Treasury (from funds not other-
under State or Federal law or pandemic benefit amount after the date of enactment wise appropriated) to the extended unem-
emergency unemployment compensation of this Act, increased in an amount equal to ployment compensation account such sums
under section 2107 and meets the require- such increase. as the Secretary of Labor estimates to be
ments of subclause (I); and (2) CALCULATIONS OF AMOUNTS FOR CERTAIN necessary to make payments described in
(B) does not include— COVERED INDIVIDUALS.—In the case of a cov- subparagraph (A). There are appropriated
(i) an individual who has the ability to ered individual who is self-employed, who from the general fund of the Treasury, with-
telework with pay; or lives in a territory described in subsection out fiscal year limitation, the sums referred
(ii) an individual who is receiving paid sick (c) or (d) of section 625.6 of title 20, Code of to in the preceding sentence and such sums
leave or other paid leave benefits, regardless Federal Regulations, or who would not oth- shall not be required to be repaid.
of whether the individual meets a qualifica- erwise qualify for unemployment compensa- (2) ADMINISTRATIVE EXPENSES.—
tion described in items (aa) through (kk) of tion under State law, the assistance author- (A) IN GENERAL.—Funds in the employment
subparagraph (A)(i)(I). ized under subsection (b) for a week of unem- security administration account (as estab-
(4) SECRETARY.—The term ‘‘Secretary’’ ployment shall be calculated in accordance lished by section 901(a) of the Social Secu-
means the Secretary of Labor. with section 625.6 of title 20, Code of Federal rity Act (42 U.S.C. 1105(a)) of the Unemploy-
(5) STATE.—The term ‘‘State’’ includes the Regulations, or any successor thereto, and ment Trust Fund (as established by section
District of Columbia, the Commonwealth of shall be increased by the amount of Federal 904(a) of such Act (42 U.S.C. 1104(a)) shall be
Puerto Rico, the Virgin Islands, Guam, Pandemic Unemployment Compensation used to make payments to States pursuant
American Samoa, the Commonwealth of the under section 2104. to subsection (f)(2)(B).
Northern Mariana Islands, the Federated (3) ALLOWABLE METHODS OF PAYMENT.—Any (B) TRANSFER OF FUNDS.—Notwithstanding
States of Micronesia, the Republic of the assistance provided for in accordance with any other provision of law, the Secretary of
Marshall Islands, and the Republic of Palau. paragraph (1)(A)(ii) shall be payable either— the Treasury shall transfer from the general
(A) as an amount which is paid at the same fund of the Treasury (from funds not other-
(b) ASSISTANCE FOR UNEMPLOYMENT AS A
time and in the same manner as the assist- wise appropriated) to the employment secu-
RESULT OF COVID-19.—Subject to subsection
ance provided for in paragraph (1)(A)(i) is rity administration account such sums as
(c), the Secretary shall provide to any cov-
payable for the week involved; or the Secretary of Labor estimates to be nec-
ered individual unemployment benefit assist-
(B) at the option of the State, by payments essary to make payments described in sub-
ance while such individual is unemployed,
which are made separately from, but on the paragraph (A). There are appropriated from
partially unemployed, or unable to work for
same weekly basis as, any assistance pro- the general fund of the Treasury, without
the weeks of such unemployment with re-
vided for in paragraph (1)(A)(i). fiscal year limitation, the sums referred to
spect to which the individual is not entitled (e) WAIVER OF STATE REQUIREMENT.—Not-
to any other unemployment compensation in the preceding sentence and such sums
withstanding State law, for purposes of as- shall not be required to be repaid.
(as that term is defined in section 85(b) of sistance authorized under this section, com-
title 26, United States Code) or waiting pe- (3) CERTIFICATIONS.—The Secretary of
pensation under this Act shall be made to an
riod credit. Labor shall from time to time certify to the
individual otherwise eligible for such com-
(c) APPLICABILITY.— Secretary of the Treasury for payment to
pensation without any waiting period.
(1) IN GENERAL.—Except as provided in (f) AGREEMENTS WITH STATES.— each State the sums payable to such State
paragraph (2), the assistance authorized (1) IN GENERAL.—The Secretary shall pro- under paragraphs (1) and (2).
under subsection (b) shall be available to a (h) RELATIONSHIP BETWEEN PANDEMIC UN-
vide the assistance authorized under sub-
EMPLOYMENT ASSISTANCE AND DISASTER UN-
covered individual— section (b) through agreements with States
EMPLOYMENT ASSISTANCE.—Except as other-
(A) for weeks of unemployment, partial un- which, in the judgment of the Secretary, wise provided in this section or to the extent
employment, or inability to work caused by have an adequate system for administering there is a conflict between this section and
COVID–19— such assistance through existing State agen- section 625 of title 20, Code of Federal Regu-
(i) beginning on or after January 27, 2020; cies. lations, such section 625 shall apply to this
and (2) PAYMENTS TO STATES.—There shall be section as if—
(ii) ending on or before December 31, 2020; paid to each State which has entered into an (1) the term ‘‘COVID–19 public health
and agreement under this subsection an amount emergency’’ were substituted for the term
(B) subject to subparagraph (A)(ii), as long equal to 100 percent of— ‘‘major disaster’’ each place it appears in
as the covered individual’s unemployment, (A) the total amount of assistance provided such section 625; and
partial unemployment, or inability to work by the State pursuant to such agreement; (2) the term ‘‘pandemic’’ were substituted
caused by COVID–19 continues. and for the term ‘‘disaster’’ each place it appears
(2) LIMITATION ON DURATION OF ASSIST- (B) any additional administrative expenses in such section 625.
ANCE.—The total number of weeks for which incurred by the State by reason of such SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF
a covered individual may receive assistance agreement (as determined by the Secretary), FOR GOVERNMENTAL ENTITIES AND
under this section shall not exceed 39 weeks including any administrative expenses nec- NONPROFIT ORGANIZATIONS.
and such total shall include any week for essary to facilitate processing of applica- (a) FLEXIBILITY IN PAYING REIMBURSE-
which the covered individual received reg- tions for assistance under this section online MENT.—The Secretary of Labor may issue
ular compensation or extended benefits or by telephone rather than in-person. clarifying guidance to allow States to inter-
under any Federal or State law, except that (3) TERMS OF PAYMENTS.—Sums payable to pret their State unemployment compensa-
if after the date of enactment of this Act, any State by reason of such State’s having tion laws in a manner that would provide
the duration of extended benefits is ex- an agreement under this subsection shall be maximum flexibility to reimbursing employ-
tended, the 39-week period described in this payable, either in advance or by way of reim- ers as it relates to timely payment and as-
paragraph shall be extended by the number bursement (as determined by the Secretary), sessment of penalties and interest pursuant
of weeks that is equal to the number of in such amounts as the Secretary estimates to such State laws.
weeks by which the extended benefits were the State will be entitled to receive under (b) FEDERAL FUNDING.—Section 903 of the
extended. this subsection for each calendar month, re- Social Security Act (42 U.S.C. 1103) is amend-
dlhill on DSKBBY8HB2PROD with SENATE
(3) ASSISTANCE FOR UNEMPLOYMENT BEFORE duced or increased, as the case may be, by ed by adding at the end the following:
DATE OF ENACTMENT.—The Secretary shall es- any amount by which the Secretary finds ‘‘Transfers for Federal Reimbursement of
tablish a process for making assistance that his estimates for any prior calendar State Unemployment Funds
under this section available for weeks begin- month were greater or less than the amounts ‘‘(i)(1)(A) In addition to any other
ning on or after January 27, 2020, and before which should have been paid to the State. amounts, the Secretary of Labor shall pro-
the date of enactment of this Act. Such estimates may be made on the basis of vide for the transfer of funds during the ap-
(d) AMOUNT OF ASSISTANCE.— such statistical, sampling, or other method plicable period to the accounts of the States
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S2074 CONGRESSIONAL RECORD — SENATE March 25, 2020
in the Unemployment Trust Fund, by trans- (c) NONREDUCTION RULE.— law relating to fraud in connection with a
fer from amounts reserved for that purpose (1) IN GENERAL.—An agreement under this claim for unemployment compensation; and
in the Federal unemployment account, in ac- section shall not apply (or shall cease to (B) shall be subject to prosecution under
cordance with the succeeding provisions of apply) with respect to a State upon a deter- section 1001 of title 18, United States Code.
this subsection. mination by the Secretary that the method (2) REPAYMENT.—In the case of individuals
‘‘(B) The amount of funds transferred to governing the computation of regular com- who have received amounts of Federal Pan-
the account of a State under subparagraph pensation under the State law of that State demic Unemployment Compensation to
(A) during the applicable period shall, as de- has been modified in a manner such that the which they were not entitled, the State shall
termined by the Secretary of Labor, be equal number of weeks (the maximum benefit enti- require such individuals to repay the
to one-half of the amounts of compensation tlement), or the average weekly benefit amounts of such Federal Pandemic Unem-
(as defined in section 3306(h) of the Internal amount, of regular compensation which will ployment Compensation to the State agency,
Revenue Code of 1986) attributable under the be payable during the period of the agree- except that the State agency may waive
State law to service to which section ment (determined disregarding any Federal such repayment if it determines that—
3309(a)(1) of such Code applies that were paid Pandemic Unemployment Compensation) (A) the payment of such Federal Pandemic
by the State for weeks of unemployment be- will be less than the number of weeks, or the Unemployment Compensation was without
ginning and ending during such period. Such average weekly benefit amount, of the aver- fault on the part of any such individual; and
transfers shall be made at such times as the age weekly benefit amount of regular com- (B) such repayment would be contrary to
Secretary of Labor considers appropriate. pensation which would otherwise have been
‘‘(C) Notwithstanding any other law, funds equity and good conscience.
payable during such period under the State (3) RECOVERY BY STATE AGENCY.—
transferred to the account of a State under law, as in effect on January 1, 2020.
subparagraph (A) shall be used exclusively to (A) IN GENERAL.—The State agency shall
(2) MAXIMUM BENEFIT ENTITLEMENT.—In recover the amount to be repaid, or any part
reimburse governmental entities and other paragraph (1), the term ‘‘maximum benefit
organizations described in section 3309(a)(2) thereof, by deductions from any Federal
entitlement’’ means the amount of regular Pandemic Unemployment Compensation
of such Code for amounts paid (in lieu of con- unemployment compensation payable to an
tributions) into the State unemployment payable to such individual or from any un-
individual with respect to the individual’s employment compensation payable to such
fund pursuant to such section.
benefit year. individual under any State or Federal unem-
‘‘(D) For purposes of this paragraph, the
(d) PAYMENTS TO STATES.— ployment compensation law administered by
term ‘applicable period’ means the period be-
(1) IN GENERAL.— the State agency or under any other State or
ginning on March 13, 2020, and ending on De-
(A) FULL REIMBURSEMENT.—There shall be
cember 31, 2020. Federal law administered by the State agen-
‘‘(2)(A) Notwithstanding any other provi- paid to each State which has entered into an
cy which provides for the payment of any as-
sion of law, the Secretary of the Treasury agreement under this section an amount
sistance or allowance with respect to any
shall transfer from the general fund of the equal to 100 percent of—
week of unemployment, during the 3-year pe-
Treasury (from funds not otherwise appro- (i) the total amount of Federal Pandemic
riod after the date such individuals received
priated) to the Federal unemployment ac- Unemployment Compensation paid to indi-
the payment of the Federal Pandemic Unem-
count such sums as the Secretary of Labor viduals by the State pursuant to such agree-
ployment Compensation to which they were
estimates to be necessary for purposes of ment; and
not entitled, in accordance with the same
making the transfers described in paragraph (ii) any additional administrative expenses
procedures as apply to the recovery of over-
(1). incurred by the State by reason of such
payments of regular unemployment benefits
‘‘(B) There are appropriated from the gen- agreement (as determined by the Secretary).
paid by the State.
eral fund of the Treasury, without fiscal year (B) TERMS OF PAYMENTS.—Sums payable to
(B) OPPORTUNITY FOR HEARING.—No repay-
limitation, the sums referred to in subpara- any State by reason of such State’s having
ment shall be required, and no deduction
graph (A) and such sums shall not be re- an agreement under this section shall be
shall be made, until a determination has
quired to be repaid.’’. payable, either in advance or by way of reim-
been made, notice thereof and an oppor-
SEC. 2104. EMERGENCY INCREASE IN UNEMPLOY- bursement (as determined by the Secretary),
tunity for a fair hearing has been given to
MENT COMPENSATION BENEFITS. in such amounts as the Secretary estimates
the individual, and the determination has be-
(a) FEDERAL-STATE AGREEMENTS.—Any the State will be entitled to receive under
come final.
State which desires to do so may enter into this section for each calendar month, re-
and participate in an agreement under this (4) REVIEW.—Any determination by a State
duced or increased, as the case may be, by
section with the Secretary of Labor (in this agency under this section shall be subject to
any amount by which the Secretary finds
section referred to as the ‘‘Secretary’’). Any review in the same manner and to the same
that his estimates for any prior calendar
State which is a party to an agreement extent as determinations under the State un-
month were greater or less than the amounts
under this section may, upon providing 30 employment compensation law, and only in
which should have been paid to the State.
days’ written notice to the Secretary, termi- that manner and to that extent.
Such estimates may be made on the basis of (g) APPLICATION TO OTHER UNEMPLOYMENT
nate such agreement. such statistical, sampling, or other method
(b) PROVISIONS OF AGREEMENT.— BENEFITS.—Each agreement under this sec-
as may be agreed upon by the Secretary and tion shall include provisions to provide that
(1) FEDERAL PANDEMIC UNEMPLOYMENT COM- the State agency of the State involved.
PENSATION.—Any agreement under this sec-
the purposes of the preceding provisions of
(2) CERTIFICATIONS.—The Secretary shall this section shall be applied with respect to
tion shall provide that the State agency of from time to time certify to the Secretary of unemployment benefits described in sub-
the State will make payments of regular the Treasury for payment to each State the section (i)(2) to the same extent and in the
compensation to individuals in amounts and sums payable to such State under this sec- same manner as if those benefits were reg-
to the extent that they would be determined tion. ular compensation.
if the State law of the State were applied, (3) APPROPRIATION.—There are appro- (h) DISREGARD OF ADDITIONAL COMPENSA-
with respect to any week for which the indi- priated from the general fund of the Treas- TION FOR PURPOSES OF MEDICAID AND CHIP.—
vidual is (disregarding this section) other- ury, without fiscal year limitation, such The monthly equivalent of any Federal pan-
wise entitled under the State law to receive sums as may be necessary for purposes of demic unemployment compensation paid to
regular compensation, as if such State law this subsection. an individual under this section shall be dis-
had been modified in a manner such that the (e) APPLICABILITY.—An agreement entered regarded when determining income for any
amount of regular compensation (including into under this section shall apply to weeks purpose under the programs established
dependents’ allowances) payable for any of unemployment— under titles XIX and title XXI of the Social
week shall be equal to— (1) beginning after the date on which such Security Act (42 U.S.C. 1396 et seq., 1397aa et
(A) the amount determined under the agreement is entered into; and seq.) .
State law (before the application of this (2) ending on or before July 31, 2020. (i) DEFINITIONS.—For purposes of this sec-
paragraph), plus (f) FRAUD AND OVERPAYMENTS.— tion—
(B) an additional amount of $600 (in this (1) IN GENERAL.—If an individual knowingly (1) the terms ‘‘compensation’’, ‘‘regular
section referred to as ‘‘Federal Pandemic has made, or caused to be made by another, compensation’’, ‘‘benefit year’’, ‘‘State’’,
Unemployment Compensation’’). a false statement or representation of a ma- ‘‘State agency’’, ‘‘State law’’, and ‘‘week’’
(2) ALLOWABLE METHODS OF PAYMENT.—Any terial fact, or knowingly has failed, or have the respective meanings given such
Federal Pandemic Unemployment Com- caused another to fail, to disclose a material terms under section 205 of the Federal-State
pensation provided for in accordance with fact, and as a result of such false statement Extended Unemployment Compensation Act
paragraph (1) shall be payable either— or representation or of such nondisclosure of 1970 (26 U.S.C. 3304 note); and
(A) as an amount which is paid at the same such individual has received an amount of (2) any reference to unemployment bene-
dlhill on DSKBBY8HB2PROD with SENATE
time and in the same manner as any regular Federal Pandemic Unemployment Com- fits described in this paragraph shall be con-
compensation otherwise payable for the pensation to which such individual was not sidered to refer to—
week involved; or entitled, such individual— (A) extended compensation (as defined by
(B) at the option of the State, by payments (A) shall be ineligible for further Federal section 205 of the Federal-State Extended
which are made separately from, but on the Pandemic Unemployment Compensation in Unemployment Compensation Act of 1970);
same weekly basis as, any regular compensa- accordance with the provisions of the appli- (B) regular compensation (as defined by
tion otherwise payable. cable State unemployment compensation section 85(b) of the Internal Revenue Code of
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2075
1986) provided under any program adminis- rity Act (42 U.S.C. 1105(a)) of the Unemploy- other State unemployment compensation
tered by a State under an agreement with ment Trust Fund (as established by section law or to compensation under any other Fed-
the Secretary; 904(a) of such Act (42 U.S.C. 1104(a)) shall be eral law;
(C) pandemic unemployment assistance used to make payments to States pursuant (C) are not receiving compensation with
under section 2102; and to subsection (c)(1)(B). respect to such week under the unemploy-
(D) pandemic emergency unemployment (B) TRANSFER OF FUNDS.—Notwithstanding ment compensation law of Canada; and
compensation under section 2107. any other provision of law, the Secretary of (D) are able to work, available to work,
SEC. 2105. TEMPORARY FULL FEDERAL FUNDING the Treasury shall transfer from the general and actively seeking work.
OF THE FIRST WEEK OF COMPEN- fund of the Treasury (from funds not other- (3) EXHAUSTION OF BENEFITS.—For purposes
SABLE REGULAR UNEMPLOYMENT wise appropriated) to the employment secu- of paragraph (2)(A), an individual shall be
FOR STATES WITH NO WAITING rity administration account such sums as
WEEK.
deemed to have exhausted such individual’s
the Secretary of Labor estimates to be nec- rights to regular compensation under a State
(a) FEDERAL-STATE AGREEMENTS.—Any
essary to make payments described in sub- law when—
State which desires to do so may enter into
paragraph (A). There are appropriated from (A) no payments of regular compensation
and participate in an agreement under this
the general fund of the Treasury, without can be made under such law because such in-
section with the Secretary of Labor (in this
fiscal year limitation, the sums referred to dividual has received all regular compensa-
section referred to as the ‘‘Secretary’’). Any
in the preceding sentence and such sums tion available to such individual based on
State which is a party to an agreement
shall not be required to be repaid. employment or wages during such individ-
under this section may, upon providing 30
(3) CERTIFICATIONS.—The Secretary shall ual’s base period; or
days’ written notice to the Secretary, termi-
from time to time certify to the Secretary of (B) such individual’s rights to such com-
nate such agreement.
the Treasury for payment to each State the pensation have been terminated by reason of
(b) REQUIREMENT THAT STATE LAW DOES
sums payable to such State under this sec- the expiration of the benefit year with re-
NOT APPLY A WAITING WEEK.—A State is eli-
tion. spect to which such rights existed.
gible to enter into an agreement under this
(e) APPLICABILITY.—An agreement entered (4) WEEKLY BENEFIT AMOUNT, ETC.—For pur-
section if the State law (including a waiver
into under this section shall apply to weeks poses of any agreement under this section—
of State law) provides that compensation is
of unemployment— (A) the amount of pandemic emergency un-
paid to individuals for their first week of
(1) beginning after the date on which such employment compensation which shall be
regular unemployment without a waiting
agreement is entered into; and payable to any individual for any week of
week. An agreement under this section shall
(2) ending on or before December 31, 2020. total unemployment shall be equal to—
not apply (or shall cease to apply) with re-
(f) FRAUD AND OVERPAYMENTS.—The provi- (i) the amount of the regular compensation
spect to a State upon a determination by the
sions of section 2107(e) shall apply with re- (including dependents’ allowances) payable
Secretary that the State law no longer
spect to compensation paid under an agree- to such individual during such individual’s
meets the requirement under the preceding
ment under this section to the same extent benefit year under the State law for a week
sentence.
(c) PAYMENTS TO STATES.— and in the same manner as in the case of of total unemployment; and
(1) FULL REIMBURSEMENT.—There shall be pandemic emergency unemployment com- (ii) the amount of Federal Pandemic Un-
paid to each State which has entered into an pensation under such section. employment Compensation under section
agreement under this section an amount (g) DEFINITIONS.—For purposes of this sec- 2104;
equal to 100 percent of— tion, the terms ‘‘regular compensation’’, (B) the terms and conditions of the State
(A) the total amount of regular compensa- ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and law which apply to claims for regular com-
tion paid to individuals by the State for ‘‘week’’ have the respective meanings given pensation and to the payment thereof (in-
their first week of regular unemployment; such terms under section 205 of the Federal- cluding terms and conditions relating to
and State Extended Unemployment Compensa- availability for work, active search for work,
(B) any additional administrative expenses tion Act of 1970 (26 U.S.C. 3304 note). and refusal to accept work) shall apply to
incurred by the State by reason of such SEC. 2106. EMERGENCY STATE STAFFING FLEXI- claims for pandemic emergency unemploy-
agreement (as determined by the Secretary). BILITY. ment compensation and the payment there-
(2) TERMS OF PAYMENTS.—Sums payable to Section 4102(b) of the Emergency Unem- of, except where otherwise inconsistent with
any State by reason of such State’s having ployment Stabilization and Access Act of the provisions of this section or with the reg-
an agreement under this section shall be 2020 (contained in division D of the Families ulations or operating instructions of the Sec-
payable, either in advance or by way of reim- First Coronavirus Response Act) is amend- retary promulgated to carry out this section;
bursement (as determined by the Secretary), ed— (C) the maximum amount of pandemic
in such amounts as the Secretary estimates (1) by striking ‘‘or employer experience emergency unemployment compensation
the State will be entitled to receive under rating’’ and inserting ‘‘employer experience payable to any individual for whom an pan-
this section for each calendar month, re- rating, or, subject to the succeeding sen- demic emergency unemployment compensa-
duced or increased, as the case may be, by tence, personnel standards on a merit basis’’; tion account is established under subsection
any amount by which the Secretary finds and (b) shall not exceed the amount established
that his estimates for any prior calendar (2) by adding at the end the following new in such account for such individual; and
month were greater or less than the amounts sentence: ‘‘The emergency flexibility for per- (D) the allowable methods of payment
which should have been paid to the State. sonnel standards on a merit basis shall only under section 2104(b)(2) shall apply to pay-
Such estimates may be made on the basis of apply through December 31, 2020, and is lim- ments of amounts described in subparagraph
such statistical, sampling, or other method ited to engaging of temporary staff, rehiring (A)(ii).
as may be agreed upon by the Secretary and of retirees or former employees on a non- (5) COORDINATION RULE.—An agreement
the State agency of the State involved. competitive basis, and other temporary ac- under this section shall apply with respect to
(d) FUNDING.— tions to quickly process applications and a State only upon a determination by the
(1) COMPENSATION.— claims.’’. Secretary that, under the State law or other
(A) IN GENERAL.—Funds in the Federal un- SEC. 2107. PANDEMIC EMERGENCY UNEMPLOY- applicable rules of such State, the payment
employment account (as established by sec- MENT COMPENSATION. of extended compensation for which an indi-
tion 905(g)) of the Unemployment Trust Fund (a) FEDERAL-STATE AGREEMENTS.— vidual is otherwise eligible must be deferred
(as established by section 904(a)) shall be (1) IN GENERAL.—Any State which desires until after the payment of any pandemic
used to make payments under subsection to do so may enter into and participate in an emergency unemployment compensation
(c)(1)(A). agreement under this section with the Sec- under subsection (b) for which the individual
(B) TRANSFER OF FUNDS.—Notwithstanding retary of Labor (in this section referred to as is concurrently eligible.
any other provision of law, the Secretary of the ‘‘Secretary’’). Any State which is a party (6) NONREDUCTION RULE.—
the Treasury shall transfer from the general to an agreement under this section may, (A) IN GENERAL.—An agreement under this
fund of the Treasury (from funds not other- upon providing 30 days’ written notice to the section shall not apply (or shall cease to
wise appropriated) to the Federal unemploy- Secretary, terminate such agreement. apply) with respect to a State upon a deter-
ment account such sums as the Secretary of (2) PROVISIONS OF AGREEMENT.—Any agree- mination by the Secretary that the method
Labor estimates to be necessary to make ment under paragraph (1) shall provide that governing the computation of regular com-
payments described in subparagraph (A). the State agency of the State will make pay- pensation under the State law of that State
There are appropriated from the general fund ments of pandemic emergency unemploy- has been modified in a manner such that the
of the Treasury, without fiscal year limita- ment compensation to individuals who— number of weeks (the maximum benefit enti-
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tion, the sums referred to in the preceding (A) have exhausted all rights to regular tlement), or the average weekly benefit
sentence and such sums shall not be required compensation under the State law or under amount, of regular compensation which will
to be repaid. Federal law with respect to a benefit year be payable during the period of the agree-
(2) ADMINISTRATIVE EXPENSES.— (excluding any benefit year that ended be- ment will be less than the number of weeks,
(A) IN GENERAL.—Funds in the employment fore July1, 2019); or the average weekly benefit amount, of the
security administration account (as estab- (B) have no rights to regular compensation average weekly benefit amount of regular
lished by section 901(a) of the Social Secu- with respect to a week under such law or any compensation which would otherwise have
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S2076 CONGRESSIONAL RECORD — SENATE March 25, 2020
been payable during such period under the be payable, either in advance or by way of individual was not entitled, such indi-
State law, as in effect on January 1, 2020. reimbursement (as may be determined by the vidual—
(B) MAXIMUM BENEFIT ENTITLEMENT.—In Secretary), in such amounts as the Secretary (A) shall be ineligible for further pandemic
subparagraph (A), the term ‘‘maximum ben- estimates the State will be entitled to re- emergency unemployment compensation
efit entitlement’’ means the amount of reg- ceive under this section for each calendar under this section in accordance with the
ular unemployment compensation payable to month, reduced or increased, as the case may provisions of the applicable State unemploy-
an individual with respect to the individual’s be, by any amount by which the Secretary ment compensation law relating to fraud in
benefit year. finds that the Secretary’s estimates for any connection with a claim for unemployment
(7) ACTIVELY SEEKING WORK.— prior calendar month were greater or less compensation; and
(A) IN GENERAL.—Subject to subparagraph than the amounts which should have been (B) shall be subject to prosecution under
(C), for purposes of paragraph (2)(D), the paid to the State. Such estimates may be section 1001 of title 18, United States Code.
term ‘‘actively seeking work’’ means, with made on the basis of such statistical, sam- (2) REPAYMENT.—In the case of individuals
respect to any individual, that such indi- pling, or other method as may be agreed who have received amounts of pandemic
vidual— upon by the Secretary and the State agency emergency unemployment compensation
(i) is registered for employment services in of the State involved. under this section to which they were not
such a manner and to such extent as pre- (d) FINANCING PROVISIONS.— entitled, the State shall require such individ-
scribed by the State agency; (1) COMPENSATION.— uals to repay the amounts of such pandemic
(ii) has engaged in an active search for em- (A) IN GENERAL.—Funds in the extended emergency unemployment compensation to
ployment that is appropriate in light of the unemployment compensation account (as es- the State agency, except that the State
employment available in the labor market, tablished by section 905(a) of the Social Se- agency may waive such repayment if it de-
the individual’s skills and capabilities, and curity Act (42 U.S.C. 1105(a)) of the Unem- termines that—
includes a number of employer contacts that ployment Trust Fund (as established by sec- (A) the payment of such pandemic emer-
is consistent with the standards commu- tion 904(a) of such Act (42 U.S.C. 1104(a)) gency unemployment compensation was
nicated to the individual by the State; shall be used for the making of payments to without fault on the part of any such indi-
(iii) has maintained a record of such work States having agreements entered into under vidual; and
search, including employers contacted, this section. (B) such repayment would be contrary to
method of contact, and date contacted; and (B) TRANSFER OF FUNDS.—Notwithstanding equity and good conscience.
(iv) when requested, has provided such any other provision of law, the Secretary of (3) RECOVERY BY STATE AGENCY.—
work search record to the State agency. the Treasury shall transfer from the general (A) IN GENERAL.—The State agency shall
(B) FLEXIBILITY.—Notwithstanding the re- fund of the Treasury (from funds not other-
recover the amount to be repaid, or any part
quirements under subparagraph (A) and wise appropriated) to the extended unem-
thereof, by deductions from any pandemic
paragraph (2)(D), a State shall provide flexi- ployment compensation account such sums
emergency unemployment compensation
bility in meeting such requirements in case as the Secretary of Labor estimates to be
payable to such individual under this section
of individuals unable to search for work be- necessary to make payments described in
or from any unemployment compensation
cause of COVID-19, including because of ill- subparagraph (A). There are appropriated
payable to such individual under any State
ness, quarantine, or movement restriction. from the general fund of the Treasury, with-
or Federal unemployment compensation law
(b) PANDEMIC EMERGENCY UNEMPLOYMENT out fiscal year limitation, the sums referred
COMPENSATION ACCOUNT.— administered by the State agency or under
to in the preceding sentence and such sums
(1) IN GENERAL.—Any agreement under this shall not be required to be repaid. any other State or Federal law administered
section shall provide that the State will es- (2) ADMINISTRATION.— by the State agency which provides for the
tablish, for each eligible individual who files (A) IN GENERAL.—There are appropriated payment of any assistance or allowance with
an application for pandemic emergency un- out of the employment security administra- respect to any week of unemployment, dur-
employment compensation, an pandemic tion account (as established by section 901(a) ing the 3-year period after the date such in-
emergency unemployment compensation ac- of the Social Security Act (42 U.S.C. 1101(a)) dividuals received the payment of the pan-
count with respect to such individual’s ben- of the Unemployment Trust Fund, without demic emergency unemployment compensa-
efit year. fiscal year limitation, such funds as may be tion to which they were not entitled, in ac-
(2) AMOUNT IN ACCOUNT.—The amount es- necessary for purposes of assisting States (as cordance with the same procedures as apply
tablished in an account under subsection (a) provided in title III of the Social Security to the recovery of overpayments of regular
shall be equal to 13 times the individual’s av- Act (42 U.S.C. 501 et seq.)) in meeting the unemployment benefits paid by the State.
erage weekly benefit amount, which includes costs of administration of agreements under (B) OPPORTUNITY FOR HEARING.—No repay-
the amount of Federal Pandemic Unemploy- this section. ment shall be required, and no deduction
ment Compensation under section 2104, for (B) TRANSFER OF FUNDS.—Notwithstanding shall be made, until a determination has
the benefit year. any other provision of law, the Secretary of been made, notice thereof and an oppor-
(3) WEEKLY BENEFIT AMOUNT.—For purposes the Treasury shall transfer from the general tunity for a fair hearing has been given to
of this subsection, an individual’s weekly fund of the Treasury (from funds not other- the individual, and the determination has be-
benefit amount for any week is the amount wise appropriated) to the employment secu- come final.
of regular compensation (including depend- rity administration account such sums as (4) REVIEW.—Any determination by a State
ents’ allowances) under the State law pay- the Secretary of Labor estimates to be nec- agency under this section shall be subject to
able to such individual for such week for essary to make payments described in sub- review in the same manner and to the same
total unemployment plus the amount of Fed- paragraph (A). There are appropriated from extent as determinations under the State un-
eral Pandemic Unemployment Compensation the general fund of the Treasury, without employment compensation law, and only in
under section 2104. fiscal year limitation, the sums referred to that manner and to that extent.
(c) PAYMENTS TO STATES HAVING AGREE- in the preceding sentence and such sums (f) DEFINITIONS.—In this section, the terms
MENTS FOR THE PAYMENT OF PANDEMIC EMER- shall not be required to be repaid. ‘‘compensation’’, ‘‘regular compensation’’,
GENCY UNEMPLOYMENT COMPENSATION.— (3) CERTIFICATION.—The Secretary shall ‘‘extended compensation’’, ‘‘benefit year’’,
(1) IN GENERAL.—There shall be paid to from time to time certify to the Secretary of ‘‘base period’’, ‘‘State’’, ‘‘State agency’’,
each State that has entered into an agree- the Treasury for payment to each State the ‘‘State law’’, and ‘‘week’’ have the respective
ment under this section an amount equal to sums payable to such State under this sub- meanings given such terms under section 205
100 percent of the pandemic emergency un- section. The Secretary of the Treasury, prior of the Federal-State Extended Unemploy-
employment compensation paid to individ- to audit or settlement by the Government ment Compensation Act of 1970 (26 U.S.C.
uals by the State pursuant to such agree- Accountability Office, shall make payments 3304 note).
ment. to the State in accordance with such certifi- (g) APPLICABILITY.—An agreement entered
(2) TREATMENT OF REIMBURSABLE COM- cation, by transfers from the extended unem- into under this section shall apply to weeks
PENSATION.—No payment shall be made to ployment compensation account (as so es- of unemployment—
any State under this section in respect of tablished) to the account of such State in (1) beginning after the date on which such
any compensation to the extent the State is the Unemployment Trust Fund (as so estab- agreement is entered into; and
entitled to reimbursement in respect of such lished). (2) ending on or before December 31, 2020.
compensation under the provisions of any (e) FRAUD AND OVERPAYMENTS.— SEC. 2108. TEMPORARY FINANCING OF SHORT-
Federal law other than this section or chap- (1) IN GENERAL.—If an individual knowingly TIME COMPENSATION PAYMENTS IN
ter 85 of title 5, United States Code. A State has made, or caused to be made by another, STATES WITH PROGRAMS IN LAW.
shall not be entitled to any reimbursement a false statement or representation of a ma- (a) PAYMENTS TO STATES.—
dlhill on DSKBBY8HB2PROD with SENATE
under such chapter 85 in respect of any com- terial fact, or knowingly has failed, or (1) IN GENERAL.—Subject to paragraph (3),
pensation to the extent the State is entitled caused another to fail, to disclose a material there shall be paid to a State an amount
to reimbursement under this section in re- fact, and as a result of such false statement equal to 100 percent of the amount of short-
spect of such compensation. or representation or of such nondisclosure time compensation paid under a short-time
(3) DETERMINATION OF AMOUNT.—Sums pay- such individual has received an amount of compensation program (as defined in section
able to any State by reason of such State pandemic emergency unemployment com- 3306(v) of the Internal Revenue Code of 1986)
having an agreement under this section shall pensation under this section to which such under the provisions of the State law.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2077
(2) TERMS OF PAYMENTS.—Payments made section may, upon providing 30 days’ written under section 3306(v) of the Internal Revenue
to a State under paragraph (1) shall be pay- notice to the Secretary, terminate such Code of 1986, the State—
able by way of reimbursement in such agreement. (1) shall not be eligible for payments under
amounts as the Secretary estimates the (b) PROVISIONS OF FEDERAL-STATE AGREE- this section for weeks of unemployment be-
State will be entitled to receive under this MENT.— ginning after the effective date of such State
section for each calendar month, reduced or (1) IN GENERAL.—Any agreement under this law; and
increased, as the case may be, by any section shall provide that the State agency (2) subject to section 2108(b)(2), shall be eli-
amount by which the Secretary finds that of the State will make payments of short- gible to receive payments under section 2108
the Secretary’s estimates for any prior cal- time compensation under a plan approved by after the effective date of such State law.
endar month were greater or less than the the State. Such plan shall provide that pay- (f) DEFINITIONS.—In this section:
amounts which should have been paid to the ments are made in accordance with the re- (1) SECRETARY.—The term ‘‘Secretary’’
State. Such estimates may be made on the quirements under section 3306(v) of the Inter- means the Secretary of Labor.
basis of such statistical, sampling, or other nal Revenue Code of 1986. (2) STATE; STATE AGENCY; STATE LAW.—The
method as may be agreed upon by the Sec- (2) LIMITATIONS ON PLANS.— terms ‘‘State’’, ‘‘State agency’’, and ‘‘State
retary and the State agency of the State in- (A) GENERAL PAYMENT LIMITATIONS.—A law’’ have the meanings given those terms in
volved. short-time compensation plan approved by a section 205 of the Federal-State Extended
(3) LIMITATIONS ON PAYMENTS.— State shall not permit the payment of short- Unemployment Compensation Act of 1970 (26
(A) GENERAL PAYMENT LIMITATIONS.—No time compensation to an individual by the U.S.C. 3304 note).
payments shall be made to a State under State during a benefit year in excess of 26 SEC. 2110. GRANTS FOR SHORT-TIME COMPENSA-
TION PROGRAMS.
this section for short-time compensation times the amount of regular compensation
paid to an individual by the State during a (a) GRANTS.—
(including dependents’ allowances) under the
benefit year in excess of 26 times the amount (1) FOR IMPLEMENTATION OR IMPROVED AD-
State law payable to such individual for a
MINISTRATION.—The Secretary shall award
of regular compensation (including depend- week of total unemployment.
grants to States that enact short-time com-
ents’ allowances) under the State law pay- (B) EMPLOYER LIMITATIONS.—A short-time
pensation programs (as defined in subsection
able to such individual for a week of total compensation plan approved by a State shall
(i)(2)) for the purpose of implementation or
unemployment. not provide payments to an individual if
improved administration of such programs.
(B) EMPLOYER LIMITATIONS.—No payments such individual is employed by the partici-
(2) FOR PROMOTION AND ENROLLMENT.—The
shall be made to a State under this section pating employer on a seasonal, temporary, Secretary shall award grants to States that
for benefits paid to an individual by the or intermittent basis. are eligible and submit plans for a grant
State under a short-time compensation pro- (3) EMPLOYER PAYMENT OF COSTS.—Any under paragraph (1) for such States to pro-
gram if such individual is employed by the short-time compensation plan entered into mote and enroll employers in short-time
participating employer on a seasonal, tem- by an employer must provide that the em- compensation programs (as so defined).
porary, or intermittent basis. ployer will pay the State an amount equal to (3) ELIGIBILITY.—
(b) APPLICABILITY.—Payments to a State one-half of the amount of short-time com-
under subsection (a) shall be available for (A) IN GENERAL.—The Secretary shall de-
pensation paid under such plan. Such termine eligibility criteria for the grants
weeks of unemployment— amount shall be deposited in the State’s un-
(1) beginning on or after the date of the en- under paragraphs (1) and (2).
employment fund and shall not be used for (B) CLARIFICATION.—A State administering
actment of this Act; and purposes of calculating an employer’s con-
(2) ending on or before December 31, 2020. a short-time compensation program that
tribution rate under section 3303(a)(1) of the does not meet the definition of a short-time
(c) NEW PROGRAMS.—Subject to subsection Internal Revenue Code of 1986.
(b)(2), if at any point after the date of the en- compensation program under section 3306(v)
(c) PAYMENTS TO STATES.— of the Internal Revenue Code of 1986, and a
actment of this Act the State enacts a State (1) IN GENERAL.—There shall be paid to
law providing for the payment of short-time State with an agreement under section 2109,
each State with an agreement under this sec- shall not be eligible to receive a grant under
compensation under a short-time compensa- tion an amount equal to—
tion program that meets the definition of this section until such time as the State law
(A) one-half of the amount of short-time of the State provides for payments under a
such a program under section 3306(v) of the compensation paid to individuals by the
Internal Revenue Code of 1986, the State short-time compensation program that
State pursuant to such agreement; and meets such definition and such law.
shall be eligible for payments under this sec-
(B) any additional administrative expenses (b) AMOUNT OF GRANTS.—
tion after the effective date of such enact-
incurred by the State by reason of such (1) IN GENERAL.—The maximum amount
ment.
(d) FUNDING AND CERTIFICATIONS.— agreement (as determined by the Secretary). available for making grants to a State under
(1) FUNDING.—There are appropriated, out (2) TERMS OF PAYMENTS.—Payments made paragraphs (1) and (2) shall be equal to the
of moneys in the Treasury not otherwise ap- to a State under paragraph (1) shall be pay- amount obtained by multiplying $100,000,000
propriated, such sums as may be necessary able by way of reimbursement in such (less the amount used by the Secretary
for purposes of carrying out this section. amounts as the Secretary estimates the under subsection (e)) by the same ratio as
(2) CERTIFICATIONS.—The Secretary shall State will be entitled to receive under this would apply under subsection (a)(2)(B) of sec-
from time to time certify to the Secretary of section for each calendar month, reduced or tion 903 of the Social Security Act (42 U.S.C.
the Treasury for payment to each State the increased, as the case may be, by any 1103) for purposes of determining such
sums payable to such State under this sec- amount by which the Secretary finds that State’s share of any excess amount (as de-
tion. the Secretary’s estimates for any prior cal- scribed in subsection (a)(1) of such section)
(e) DEFINITIONS.—In this section: endar month were greater or less than the that would have been subject to transfer to
(1) SECRETARY.—The term ‘‘Secretary’’ amounts which should have been paid to the State accounts, as of October 1, 2019, under
means the Secretary of Labor. State. Such estimates may be made on the the provisions of subsection (a) of such sec-
(2) STATE; STATE AGENCY; STATE LAW.—The basis of such statistical, sampling, or other tion.
terms ‘‘State’’, ‘‘State agency’’, and ‘‘State method as may be agreed upon by the Sec- (2) AMOUNT AVAILABLE FOR DIFFERENT
law’’ have the meanings given those terms in retary and the State agency of the State in- GRANTS.—Of the maximum incentive pay-
section 205 of the Federal-State Extended volved. ment determined under paragraph (1) with
Unemployment Compensation Act of 1970 (26 (3) FUNDING.—There are appropriated, out respect to a State—
U.S.C. 3304 note). of moneys in the Treasury not otherwise ap- (A) one-third shall be available for a grant
(f) TECHNICAL CORRECTION TO DEFINITION.— propriated, such sums as may be necessary under subsection (a)(1); and
Section 3306(v)(6) of the Internal Revenue for purposes of carrying out this section. (B) two-thirds shall be available for a grant
Code of 1986 (26 U.S.C. 3306) is amended by (4) CERTIFICATIONS.—The Secretary shall under subsection (a)(2).
striking ‘‘Workforce Investment Act of 1998’’ from time to time certify to the Secretary of (c) GRANT APPLICATION AND DISBURSAL.—
and inserting ‘‘Workforce Innovation and Op- the Treasury for payment to each State the (1) APPLICATION.—Any State seeking a
portunity Act’’. sums payable to such State under this sec- grant under paragraph (1) or (2) of subsection
SEC. 2109. TEMPORARY FINANCING OF SHORT- tion. (a) shall submit an application to the Sec-
TIME COMPENSATION AGREEMENTS. (d) APPLICABILITY.—An agreement entered retary at such time, in such manner, and
(a) FEDERAL-STATE AGREEMENTS.— into under this section shall apply to weeks complete with such information as the Sec-
(1) IN GENERAL.—Any State which desires of unemployment— retary may require. In no case may the Sec-
to do so may enter into, and participate in, (1) beginning on or after the date on which retary award a grant under this section with
an agreement under this section with the such agreement is entered into; and respect to an application that is submitted
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Secretary provided that such State’s law (2) ending on or before December 31, 2020. after December 31, 2023.
does not provide for the payment of short- (e) SPECIAL RULE.—If a State has entered (2) NOTICE.—The Secretary shall, within 30
time compensation under a short-time com- into an agreement under this section and days after receiving a complete application,
pensation program (as defined in section subsequently enacts a State law providing notify the State agency of the State of the
3306(v) of the Internal Revenue Code of 1986). for the payment of short-time compensation Secretary’s findings with respect to the re-
(2) ABILITY TO TERMINATE.—Any State under a short-time compensation program quirements for a grant under paragraph (1)
which is a party to an agreement under this that meets the definition of such a program or (2) (or both) of subsection (a).
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S2078 CONGRESSIONAL RECORD — SENATE March 25, 2020
(3) CERTIFICATION.—If the Secretary finds Unemployment Compensation Act of 1970 (26 total benefits in this Act, for registration pe-
that the State law provisions meet the re- U.S.C. 3304 note). riods beginning on or after April 1, 2020, but
quirements for a grant under subsection (a), SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLE- on or before July 31, 2020, a recovery benefit
the Secretary shall thereupon make a cer- MENTING PROGRAMS. in the amount of $1,200 shall be payable to a
tification to that effect to the Secretary of (a) IN GENERAL.—In order to assist States qualified employee with respect to any reg-
the Treasury, together with a certification in establishing, qualifying, and imple- istration period in which the employee re-
as to the amount of the grant payment to be menting short-time compensation programs ceived unemployment benefits under para-
transferred to the State account in the Un- (as defined in section 3306(v) of the Internal graph (1)(A), and in any registration period
employment Trust Fund (as established in Revenue Code of 1986), the Secretary of in which the employee did not receive unem-
section 904(a) of the Social Security Act (42 Labor (in this section referred to as the ployment benefits due to the limitation in
U.S.C. 1104(a))) pursuant to that finding. The ‘‘Secretary’’) shall— subsection (c)(1)(B) or due to reaching the
Secretary of the Treasury shall make the ap- (1) develop model legislative language, or maximum number of days of benefits in the
propriate transfer to the State account with- disseminate existing model legislative lan- benefit year beginning July 1, 2019, under
in 7 days after receiving such certification. guage, which may be used by States in devel- subsection (c)(1)(A). No recovery benefits
(4) REQUIREMENT.—No certification of com- oping and enacting such programs, and peri- shall be payable under this section upon the
pliance with the requirements for a grant odically review and revise such model legis- exhaustion of the funds appropriated under
under paragraph (1) or (2) of subsection (a) lative language; subparagraph (B) for payment of benefits
may be made with respect to any State (2) provide technical assistance and guid- under this subparagraph.
whose— ance in developing, enacting, and imple- ‘‘(B) Out of any funds in the Treasury not
(A) State law is not otherwise eligible for menting such programs; and otherwise appropriated, there are appro-
certification under section 303 of the Social (3) establish reporting requirements for priated $425,000,000 to cover the cost of recov-
Security Act (42 U.S.C. 503) or approvable States, including reporting on— ery benefits provided under subparagraph
under section 3304 of the Internal Revenue (A) the number of estimated averted lay- (A), to remain available until expended.’’.
Code of 1986; or offs; SEC. 2114. EXTENDED UNEMPLOYMENT BENE-
(B) short-time compensation program is (B) the number of participating employers FITS UNDER THE RAILROAD UNEM-
subject to discontinuation or is not sched- and workers; and PLOYMENT INSURANCE ACT.
uled to take effect within 12 months of the (C) such other items as the Secretary of (a) EXTENSION.—Section 2(c)(2)(D)(iii) of
certification. Labor determines are appropriate. the Railroad Unemployment Insurance Act
(d) USE OF FUNDS.—The amount of any (b) MODEL LANGUAGE AND GUIDANCE.—The (45 U.S.C. 352(c)(2)(D)(iii) is amended—
grant awarded under this section shall be model language and guidance developed (1) by striking ‘‘July 1, 2008’’ and inserting
used for the implementation of short-time under subsection (a) shall allow sufficient ‘‘July 1, 2019’’;
compensation programs and the overall ad- flexibility by States and participating em- (2) by striking ‘‘June 30, 2013’’ and insert-
ministration of such programs and the pro- ployers while ensuring accountability and ing ‘‘June 30, 2020’’; and
motion and enrollment efforts associated program integrity. (3) by striking ‘‘December 31, 2013’’ and in-
with such programs, such as through— (c) CONSULTATION.—In developing the serting ‘‘December 31, 2020’’.
(1) the creation or support of rapid re- model legislative language and guidance (b) CLARIFICATION ON AUTHORITY TO USE
sponse teams to advise employers about al- under subsection (a), and in order to meet FUNDS.—Funds appropriated under either the
ternatives to layoffs; the requirements of subsection (b), the Sec- first or second sentence of clause (iv) of sec-
(2) the provision of education or assistance retary shall consult with employers, labor tion 2(c)(2)(D) of the Railroad Unemploy-
to employers to enable them to assess the organizations, State workforce agencies, and ment Insurance Act shall be available to
feasibility of participating in short-time other program experts. Existing model legis- cover the cost of additional extended unem-
compensation programs; and lative language that has been developed ployment benefits provided under such sec-
(3) the development or enhancement of sys- through such a consultative process shall be tion 2(c)(2)(D) by reason of the amendments
tems to automate— deemed to meet the consultation require- made by subsection (a) as well as to cover
(A) the submission and approval of plans; ment of this subsection. the cost of such benefits provided under such
and (d) REPEAL.—Section 4104 of the Emer- section 2(c)(2)(D) as in effect on the day be-
(B) the filing and approval of new and on- gency Unemployment Stabilization and Ac- fore the date of enactment of this Act.
going short-time compensation claims. cess Act of 2020 (contained in division D of SEC. 2115. FUNDING FOR THE DOL OFFICE OF IN-
(e) ADMINISTRATION.—The Secretary is au- the Families First Coronavirus Response SPECTOR GENERAL FOR OVERSIGHT
thorized to use 0.25 percent of the funds Act) is repealed. OF UNEMPLOYMENT PROVISIONS.
available under subsection (g) to provide for SEC. 2112. WAIVER OF THE 7-DAY WAITING PE- There are appropriated, out of moneys in
outreach and to share best practices with re- RIOD FOR BENEFITS UNDER THE the Treasury not otherwise appropriated, to
spect to this section and short-time com- RAILROAD UNEMPLOYMENT INSUR- the Office of the Inspector General of the De-
pensation programs. ANCE ACT. partment of Labor, $25,000,000 to carry out
(f) RECOUPMENT.—The Secretary shall es- (a) NO WAITING WEEK.—With respect to any audits, investigations, and other oversight
tablish a process under which the Secretary registration period beginning after the date activities authorized under the Inspector
shall recoup the amount of any grant award- of enactment of this Act and ending on or be- General Act of 1978 (5 U.S.C. App.) that are
ed under paragraph (1) or (2) of subsection (a) fore December 31, 2020, subparagraphs (A)(ii) related to the provisions of, and amendments
if the Secretary determines that, during the and (B)(ii) of section 2(a)(1) of the Railroad made by, this subtitle, to remain available
5-year period beginning on the first date that Unemployment Insurance Act (45 U.S.C. without fiscal year limitation.
any such grant is awarded to the State, the 352(a)(1)) shall not apply. SEC. 2116. IMPLEMENTATION.
State— (b) OPERATING INSTRUCTIONS AND REGULA- (a) NON-APPLICATION OF THE PAPERWORK
(1) terminated the State’s short-time com- TIONS.—The Railroad Retirement Board may REDUCTION ACT.—Chapter 35 of title 44,
pensation program; or prescribe any operating instructions or regu- United States Code (commonly referred to as
(2) failed to meet appropriate requirements lations necessary to carry out this section. the ‘‘Paperwork Reduction Act of 1995’’),
with respect to such program (as established (c) FUNDING.—Out of any funds in the shall not apply to the provisions of, and the
by the Secretary). Treasury not otherwise appropriated, there amendments made by, this subtitle.
(g) FUNDING.—There are appropriated, out are appropriated $50,000,000 to cover the costs (b) OPERATING INSTRUCTIONS OR OTHER
of moneys in the Treasury not otherwise ap- of additional benefits payable due to the ap- GUIDANCE.—Notwithstanding any other pro-
propriated, to the Secretary, $100,000,000 to plication of subsection (a). Upon the exhaus- vision of law, the Secretary of Labor may
carry out this section, to remain available tion of the funds appropriated under this issue any operating instructions or other
without fiscal year limitation. subsection, subsection (a) shall no longer guidance necessary to carry out the provi-
(h) REPORTING.—The Secretary may estab- apply with respect to any registration period sions of, or the amendments made by, this
lish reporting requirements for States re- beginning after the date of exhaustion of subtitle.
ceiving a grant under this section in order to funds.
provide oversight of grant funds. (d) DEFINITION OF REGISTRATION PERIOD.— Subtitle B—Rebates and Other Individual
(i) DEFINITIONS.—In this section: For purposes of this section, the term ‘‘reg- Provisions
(1) SECRETARY.—The term ‘‘Secretary’’ istration period’’ has the meaning given such SEC. 2201. 2020 RECOVERY REBATES FOR INDI-
means the Secretary of Labor. term under section 1 of the Railroad Unem- VIDUALS.
(2) SHORT-TIME COMPENSATION PROGRAM.— ployment Insurance Act (45 U.S.C. 351). (a) IN GENERAL.—Subchapter B of chapter
The term ‘‘short-time compensation pro- SEC. 2113. ENHANCED BENEFITS UNDER THE 65 of subtitle F of the Internal Revenue Code
dlhill on DSKBBY8HB2PROD with SENATE
gram’’ has the meaning given such term in RAILROAD UNEMPLOYMENT INSUR- of 1986 is amended by inserting after section
section 3306(v) of the Internal Revenue Code ANCE ACT. 6427 the following new section:
of 1986. Section 2(a) of the Railroad Unemploy- ‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDI-
(3) STATE; STATE AGENCY; STATE LAW.—The ment Insurance Act (45 U.S.C. § 352(a)) is VIDUALS.
terms ‘‘State’’, ‘‘State agency’’, and ‘‘State amended by adding at the end the following: ‘‘(a) IN GENERAL.—In the case of an eligible
law’’ have the meanings given those terms in ‘‘(5)(A) Notwithstanding paragraph (3), sub- individual, there shall be allowed as a credit
section 205 of the Federal-State Extended section (c)(1)(B), and any other limitation on against the tax imposed by subtitle A for the
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2079
first taxable year beginning in 2020 an the executive branch of the United States (b) ADMINISTRATIVE AMENDMENTS.—
amount equal to the sum of— Government may modify payment informa- (1) DEFINITION OF DEFICIENCY.—Section
‘‘(1) $1,200 ($2,400 in the case of eligible in- tion received from an officer or employee de- 6211(b)(4)(A) of the Internal Revenue Code of
dividuals filing a joint return), plus scribed in section 3325(a)(1)(B) of such title 1986 is amended by striking ‘‘and 36B,
‘‘(2) an amount equal to the product of $500 for the purpose of facilitating the accurate 168(k)(4)’’ and inserting ‘‘36B, and 6428’’.
multiplied by the number of qualifying chil- and efficient delivery of such payment. Ex- (2) MATHEMATICAL OR CLERICAL ERROR AU-
dren (within the meaning of section 24(c)) of cept in cases of fraud or reckless neglect, no THORITY.—Section 6213(g)(2)(L) of such Code
the taxpayer. liability under sections 3325, 3527, 3528, or is amended by striking ‘‘or 32’’ and inserting
‘‘(b) TREATMENT OF CREDIT.—The credit al- 3529 of title 31, United States Code, shall be ‘‘32, or 6428’’.
lowed by subsection (a) shall be treated as imposed with respect to payments made (c) TREATMENT OF POSSESSIONS.—
allowed by subpart C of part IV of sub- under this subparagraph. (1) PAYMENTS TO POSSESSIONS.—
chapter A of chapter 1. ‘‘(4) NO INTEREST.—No interest shall be al- (A) MIRROR CODE POSSESSION.—The Sec-
‘‘(c) LIMITATION BASED ON ADJUSTED GROSS lowed on any overpayment attributable to retary of the Treasury shall pay to each pos-
INCOME.—The amount of the credit allowed this section. session of the United States which has a mir-
by subsection (a) (determined without regard ‘‘(5) ALTERNATE TAXABLE YEAR.—In the ror code tax system amounts equal to the
to this subsection and subsection (e)) shall case of an individual who, at the time of any loss (if any) to that possession by reason of
be reduced (but not below zero) by 5 percent determination made pursuant to paragraph the amendments made by this section. Such
of so much of the taxpayer’s adjusted gross (3), has not filed a tax return for the year de- amounts shall be determined by the Sec-
income as exceeds— scribed in paragraph (1), the Secretary may— retary of the Treasury based on information
‘‘(1) $150,000 in the case of a joint return, ‘‘(A) apply such paragraph by substituting provided by the government of the respective
‘‘(2) $112,500 in the case of a head of house- ‘2018’ for ‘2019’, and possession.
hold, and ‘‘(B) if the individual has not filed a tax re- (B) OTHER POSSESSIONS.—The Secretary of
‘‘(3) $75,000 in the case of a taxpayer not de- turn for such individual’s first taxable year the Treasury shall pay to each possession of
scribed in paragraph (1) or (2). beginning in 2018, use information with re- the United States which does not have a mir-
‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of spect to such individual for calendar year ror code tax system amounts estimated by
this section, the term ‘eligible individual’ 2019 provided in— the Secretary of the Treasury as being equal
means any individual other than— ‘‘(i) Form SSA-1099, Social Security Ben- to the aggregate benefits (if any) that would
‘‘(1) any nonresident alien individual, efit Statement, or have been provided to residents of such pos-
‘‘(2) any individual with respect to whom a ‘‘(ii) Form RRB-1099, Social Security session by reason of the amendments made
deduction under section 151 is allowable to Equivalent Benefit Statement. by this section if a mirror code tax system
another taxpayer for a taxable year begin- ‘‘(6) NOTICE TO TAXPAYER.—Not later than had been in effect in such possession. The
ning in the calendar year in which the indi- 15 days after the date on which the Secretary preceding sentence shall not apply unless the
vidual’s taxable year begins, and distributed any payment to an eligible tax- respective possession has a plan, which has
‘‘(3) an estate or trust. payer pursuant to this subsection, notice been approved by the Secretary of the Treas-
‘‘(e) COORDINATION WITH ADVANCE REFUNDS shall be sent by mail to such taxpayer’s last ury, under which such possession will
OF CREDIT.— known address. Such notice shall indicate promptly distribute such payments to its
‘‘(1) IN GENERAL.—The amount of credit the method by which such payment was residents.
which would (but for this paragraph) be al- made, the amount of such payment, and a (2) COORDINATION WITH CREDIT ALLOWED
lowable under this section shall be reduced phone number for the appropriate point of AGAINST UNITED STATES INCOME TAXES.—No
(but not below zero) by the aggregate refunds contact at the Internal Revenue Service to credit shall be allowed against United States
and credits made or allowed to the taxpayer report any failure to receive such payment. income taxes under section 6428 of the Inter-
under subsection (f). Any failure to so reduce ‘‘(g) IDENTIFICATION NUMBER REQUIRE- nal Revenue Code of 1986 (as added by this
the credit shall be treated as arising out of MENT.— section) to any person—
a mathematical or clerical error and as- ‘‘(1) IN GENERAL.—No credit shall be al- (A) to whom a credit is allowed against
sessed according to section 6213(b)(1). lowed under subsection (a) to an eligible in- taxes imposed by the possession by reason of
‘‘(2) JOINT RETURNS.—In the case of a re- dividual who does not include on the return the amendments made by this section, or
fund or credit made or allowed under sub- of tax for the taxable year— (B) who is eligible for a payment under a
section (f) with respect to a joint return, half ‘‘(A) such individual’s valid identification plan described in paragraph (1)(B).
of such refund or credit shall be treated as number, (3) DEFINITIONS AND SPECIAL RULES.—
having been made or allowed to each indi- ‘‘(B) in the case of a joint return, the valid (A) POSSESSION OF THE UNITED STATES.—For
vidual filing such return. identification number of such individual’s purposes of this subsection, the term ‘‘pos-
‘‘(f) ADVANCE REFUNDS AND CREDITS.— spouse, and session of the United States’’ includes the
‘‘(1) IN GENERAL.—Subject to paragraph (5), ‘‘(C) in the case of any qualifying child Commonwealth of Puerto Rico and the Com-
each individual who was an eligible indi- taken into account under subsection (a)(2), monwealth of the Northern Mariana Islands.
vidual for such individual’s first taxable year the valid identification number of such (B) MIRROR CODE TAX SYSTEM.—For pur-
beginning in 2019 shall be treated as having qualifying child. poses of this subsection, the term ‘‘mirror
made a payment against the tax imposed by ‘‘(2) VALID IDENTIFICATION NUMBER.— code tax system’’ means, with respect to any
chapter 1 for such taxable year in an amount ‘‘(A) IN GENERAL.—For purposes of para- possession of the United States, the income
equal to the advance refund amount for such graph (1), the term ‘valid identification num- tax system of such possession if the income
taxable year. ber’ means a social security number (as such tax liability of the residents of such posses-
‘‘(2) ADVANCE REFUND AMOUNT.—For pur- term is defined in section 24(h)(7)). sion under such system is determined by ref-
poses of paragraph (1), the advance refund ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION erence to the income tax laws of the United
amount is the amount that would have been NUMBER.—For purposes of paragraph (1)(C), States as if such possession were the United
allowed as a credit under this section for in the case of a qualifying child who is States.
such taxable year if this section (other than adopted or placed for adoption, the term (C) TREATMENT OF PAYMENTS.—For pur-
subsection (e) and this subsection) had ap- ‘valid identification number’ shall include poses of section 1324 of title 31, United States
plied to such taxable year. the adoption taxpayer identification number Code, the payments under this subsection
‘‘(3) TIMING AND MANNER OF PAYMENTS.— of such child. shall be treated in the same manner as a re-
‘‘(A) TIMING.—The Secretary shall, subject ‘‘(3) SPECIAL RULE FOR MEMBERS OF THE fund due from a credit provision referred to
to the provisions of this title, refund or cred- ARMED FORCES.—Paragraph (1)(B) shall not in subsection (b)(2) of such section.
it any overpayment attributable to this sec- apply in the case where at least 1 spouse was (d) EXCEPTION FROM REDUCTION OR OFF-
tion as rapidly as possible. No refund or cred- a member of the Armed Forces of the United SET.—Any credit or refund allowed or made
it shall be made or allowed under this sub- States at any time during the taxable year to any individual by reason of section 6428 of
section after December 31, 2020. and at least 1 spouse satisfies paragraph the Internal Revenue Code of 1986 (as added
‘‘(B) DELIVERY OF PAYMENTS.—Notwith- (1)(A). by this section) or by reason of subsection (c)
standing any other provision of law, the Sec- ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU- of this section shall not be—
retary may certify and disburse refunds pay- THORITY.—Any omission of a correct valid (1) subject to reduction or offset pursuant
able under this subsection electronically to identification number required under this to section 3716 or 3720A of title 31, United
any account to which the payee authorized, subsection shall be treated as a mathe- States Code,
on or after January 1, 2018, the delivery of a matical or clerical error for purposes of ap- (2) subject to reduction or offset pursuant
refund of taxes under this title or of a Fed- plying section 6213(g)(2) to such omission. to subsection (d), (e), or (f) of section 6402 of
dlhill on DSKBBY8HB2PROD with SENATE
eral payment (as defined in section 3332 of ‘‘(h) REGULATIONS.—The Secretary shall the Internal Revenue Code of 1986, or
title 31, United States Code). prescribe such regulations or other guidance (3) reduced or offset by other assessed Fed-
‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- as may be necessary to carry out the pur- eral taxes that would otherwise be subject to
standing section 3325 of title 31, United poses of this section, including any such levy or collection.
States Code, or any other provision of law, measures as are deemed appropriate to avoid (e) PUBLIC AWARENESS CAMPAIGN.—The
with respect to any payment of a refund allowing multiple credits or rebates to a tax- Secretary of the Treasury (or the Secretary’s
under this subsection, a disbursing official in payer.’’. delegate) shall conduct a public awareness
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S2080 CONGRESSIONAL RECORD — SENATE March 25, 2020
campaign, in coordination with the Commis- out regard to subparagraph (A)) be a ated by the individual due to such virus or
sioner of Social Security and the heads of coronavirus-related distribution, a plan shall disease, or other factors as determined by
other relevant Federal agencies, to provide not be treated as violating any requirement the Secretary of the Treasury (or the Sec-
information regarding the availability of the of the Internal Revenue Code of 1986 merely retary’s delegate).
credit and rebate allowed under section 6428 because the plan treats such distribution as (B) EMPLOYEE CERTIFICATION.—The admin-
of the Internal Revenue Code of 1986 (as a coronavirus-related distribution, unless istrator of an eligible retirement plan may
added by this section), including information the aggregate amount of such distributions rely on an employee’s certification that the
with respect to individuals who may not from all plans maintained by the employer employee satisfies the conditions of subpara-
have filed a tax return for taxable year 2018 (and any member of any controlled group graph (A)(ii) in determining whether any dis-
or 2019. which includes the employer) to such indi- tribution is a coronavirus-related distribu-
(f) APPROPRIATIONS TO CARRY OUT RE- vidual exceeds $100,000. tion.
BATES.— (C) CONTROLLED GROUP.—For purposes of (C) ELIGIBLE RETIREMENT PLAN.—The term
(1) IN GENERAL.—Immediately upon the en- subparagraph (B), the term ‘‘controlled ‘‘eligible retirement plan’’ has the meaning
actment of this Act, the following sums are group’’ means any group treated as a single given such term by section 402(c)(8)(B) of the
appropriated, out of any money in the Treas- employer under subsection (b), (c), (m), or (o)
ury not otherwise appropriated, for the fiscal Internal Revenue Code of 1986.
of section 414 of the Internal Revenue Code (5) INCOME INCLUSION SPREAD OVER 3-YEAR
year ending September 30, 2020: of 1986. PERIOD.—
(A) DEPARTMENT OF THE TREASURY.— (3) AMOUNT DISTRIBUTED MAY BE REPAID.—
(i) For an additional amount for ‘‘Depart- (A) IN GENERAL.—In the case of any
(A) IN GENERAL.—Any individual who re-
ment of the Treasury—Bureau of the Fiscal coronavirus-related distribution, unless the
ceives a coronavirus-related distribution
Service—Salaries and Expenses’’, $78,650,000, taxpayer elects not to have this paragraph
may, at any time during the 3-year period
to remain available until September 30, 2021. apply for any taxable year, any amount re-
beginning on the day after the date on which
(ii) For an additional amount for ‘‘Depart- quired to be included in gross income for
such distribution was received, make 1 or
ment of the Treasury—Internal Revenue such taxable year shall be so included rat-
more contributions in an aggregate amount
Service—Taxpayer Services’’, $293,500,000, to not to exceed the amount of such distribu- ably over the 3-taxable-year period begin-
remain available until September 30, 2021. tion to an eligible retirement plan of which ning with such taxable year.
(iii) For an additional amount for ‘‘Depart- such individual is a beneficiary and to which (B) SPECIAL RULE.—For purposes of sub-
ment of the Treasury—Internal Revenue a rollover contribution of such distribution paragraph (A), rules similar to the rules of
Service—Operations Support’’, $170,000,000, could be made under section 402(c), 403(a)(4), subparagraph (E) of section 408A(d)(3) of the
to remain available until September 30, 2021. 403(b)(8), 408(d)(3), or 457(e)(16), of the Inter- Internal Revenue Code of 1986 shall apply.
(iv) For an additional amount for ‘‘Depart- nal Revenue Code of 1986, as the case may be. (6) SPECIAL RULES.—
ment of Treasury—Internal Revenue Serv- (B) TREATMENT OF REPAYMENTS OF DIS- (A) EXEMPTION OF DISTRIBUTIONS FROM
ice—Enforcement’’, $37,200,000, to remain TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS TRUSTEE TO TRUSTEE TRANSFER AND WITH-
available until September 30, 2021. OTHER THAN IRAS.—For purposes of the Inter- HOLDING RULES.—For purposes of sections
Amounts made available in appropriations nal Revenue Code of 1986, if a contribution is 401(a)(31), 402(f), and 3405 of the Internal Rev-
under clauses (ii), (iii), and (iv) of this sub- made pursuant to subparagraph (A) with re- enue Code of 1986, coronavirus-related dis-
paragraph may be transferred between such spect to a coronavirus-related distribution tributions shall not be treated as eligible
appropriations upon the advance notification from an eligible retirement plan other than rollover distributions.
of the Committees on Appropriations of the an individual retirement plan, then the tax- (B) CORONAVIRUS-RELATED DISTRIBUTIONS
House of Representatives and the Senate. payer shall, to the extent of the amount of TREATED AS MEETING PLAN DISTRIBUTION RE-
Such transfer authority is in addition to any the contribution, be treated as having re- QUIREMENTS.—For purposes of the Internal
other transfer authority provided by law. ceived the coronavirus-related distribution Revenue Code of 1986, a coronavirus-related
(B) SOCIAL SECURITY ADMINISTRATION.—For in an eligible rollover distribution (as de- distribution shall be treated as meeting the
an additional amount for ‘‘Social Security fined in section 402(c)(4) of such Code) and as requirements of sections 401(k)(2)(B)(i),
Administration—Limitation on Administra- having transferred the amount to the eligi- 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of
tive Expenses’’, $38,000,000, to remain avail- ble retirement plan in a direct trustee to such Code and section 8433(h)(1) of title 5,
able until September 30, 2021. trustee transfer within 60 days of the dis- United States Code.
(2) REPORTS.—No later than 15 days after tribution.
enactment of this Act, the Secretary of the (b) LOANS FROM QUALIFIED PLANS.—
(C) TREATMENT OF REPAYMENTS OF DIS-
Treasury shall submit a plan to the Commit- TRIBUTIONS FROM IRAS.—For purposes of the
(1) INCREASE IN LIMIT ON LOANS NOT TREAT-
tees on Appropriations of the House of Rep- ED AS DISTRIBUTIONS.—In the case of any loan
Internal Revenue Code of 1986, if a contribu-
resentatives and the Senate detailing the ex- tion is made pursuant to subparagraph (A) from a qualified employer plan (as defined
pected use of the funds provided by para- with respect to a coronavirus-related dis- under section 72(p)(4) of the Internal Rev-
graph (1)(A). Beginning 90 days after enact- tribution from an individual retirement plan enue Code of 1986) to a qualified individual
ment of this Act, the Secretary of the Treas- (as defined by section 7701(a)(37) of such made during the 180-day period beginning on
ury shall submit a quarterly report to the Code), then, to the extent of the amount of the date of the enactment of this Act—
Committees on Appropriations of the House the contribution, the coronavirus-related (A) clause (i) of section 72(p)(2)(A) of such
of Representatives and the Senate detailing distribution shall be treated as a distribu- Code shall be applied by substituting
the actual expenditure of funds provided by tion described in section 408(d)(3) of such ‘‘$100,000’’ for ‘‘$50,000’’, and
paragraph (1)(A) and the expected expendi- Code and as having been transferred to the (B) clause (ii) of such section shall be ap-
ture of such funds in the subsequent quarter. eligible retirement plan in a direct trustee plied by substituting ‘‘the present value of
(g) CONFORMING AMENDMENTS.— to trustee transfer within 60 days of the dis- the nonforfeitable accrued benefit of the em-
(1) Paragraph (2) of section 1324(b) of title tribution. ployee under the plan’’ for ‘‘one-half of the
31, United States Code, is amended by insert- (4) DEFINITIONS.—For purposes of this sub- present value of the nonforfeitable accrued
ing ‘‘6428,’’ after ‘‘54B(h),’’. section— benefit of the employee under the plan’’.
(2) The table of sections for subchapter B (A) CORONAVIRUS-RELATED DISTRIBUTION.— (2) DELAY OF REPAYMENT.—In the case of a
of chapter 65 of subtitle F of the Internal Except as provided in paragraph (2), the term qualified individual with an outstanding loan
Revenue Code of 1986 is amended by inserting ‘‘coronavirus-related distribution’’ means (on or after the date of the enactment of this
after the item relating to section 6427 the any distribution from an eligible retirement Act) from a qualified employer plan (as de-
following: plan made— fined in section 72(p)(4) of the Internal Rev-
‘‘Sec. 6428. 2020 Recovery Rebates for indi- (i) on or after January 1, 2020, and before enue Code of 1986)—
viduals.’’. December 31, 2020, (A) if the due date pursuant to subpara-
SEC. 2202. SPECIAL RULES FOR USE OF RETIRE- (ii) to an individual— graph (B) or (C) of section 72(p)(2) of such
MENT FUNDS. (I) who is diagnosed with the virus SARS- Code for any repayment with respect to such
(a) TAX-FAVORED WITHDRAWALS FROM RE- CoV-2 or with coronavirus disease 2019 loan occurs during the period beginning on
TIREMENT PLANS.— (COVID-19) by a test approved by the Centers the date of the enactment of this Act and
(1) IN GENERAL.—Section 72(t) of the Inter- for Disease Control and Prevention, ending on December 31, 2020, such due date
nal Revenue Code of 1986 shall not apply to (II) whose spouse or dependent (as defined shall be delayed for 1 year,
any coronavirus-related distribution. in section 152 of the Internal Revenue Code (B) any subsequent repayments with re-
(2) AGGREGATE DOLLAR LIMITATION.— of 1986) is diagnosed with such virus or dis- spect to any such loan shall be appropriately
(A) IN GENERAL.—For purposes of this sub- ease by such a test, or adjusted to reflect the delay in the due date
dlhill on DSKBBY8HB2PROD with SENATE
section, the aggregate amount of distribu- (III) who experiences adverse financial con- under subparagraph (A) and any interest ac-
tions received by an individual which may be sequences as a result of being quarantined, cruing during such delay, and
treated as coronavirus-related distributions being furloughed or laid off or having work (C) in determining the 5-year period and
for any taxable year shall not exceed hours reduced due to such virus or disease, the term of a loan under subparagraph (B) or
$100,000. being unable to work due to lack of child (C) of section 72(p)(2) of such Code, the period
(B) TREATMENT OF PLAN DISTRIBUTIONS.—If care due to such virus or disease, closing or described in subparagraph (A) of this para-
a distribution to an individual would (with- reducing hours of a business owned or oper- graph shall be disregarded.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2081
(3) QUALIFIED INDIVIDUAL.—For purposes of ‘‘(II) such distribution not having been ‘‘(C) which is—
this subsection, the term ‘‘qualified indi- made before January 1, 2020. ‘‘(i) made to an organization described in
vidual’’ means any individual who is de- ‘‘(iii) SPECIAL RULES REGARDING WAIVER PE- section 170(b)(1)(A), and
scribed in subsection (a)(4)(A)(ii). RIOD.—For purposes of this paragraph— ‘‘(ii) not—
(c) PROVISIONS RELATING TO PLAN AMEND- ‘‘(I) the required beginning date with re- ‘‘(I) to an organization described in section
MENTS.— spect to any individual shall be determined 509(a)(3), or
(1) IN GENERAL.—If this subsection applies without regard to this subparagraph for pur- ‘‘(II) for the establishment of a new, or
to any amendment to any plan or annuity poses of applying this paragraph for calendar maintenance of an existing, donor advised
contract— years after 2020, and fund (as defined in section 4966(d)(2)).
(A) such plan or contract shall be treated ‘‘(II) if clause (ii) of subparagraph (B) ap- Such term shall not include any amount
as being operated in accordance with the plies, the 5-year period described in such which is treated as a charitable contribution
terms of the plan during the period described clause shall be determined without regard to made in such taxable year by reason of sub-
in paragraph (2)(B)(i), and calendar year 2020.’’. section (b)(1)(G)(ii) or (d)(1) of section 170.’’.
(B) except as provided by the Secretary of (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.— (c) EFFECTIVE DATE.—The amendments
the Treasury (or the Secretary’s delegate), Section 402(c)(4) of the Internal Revenue made by this section shall apply to taxable
such plan or contract shall not fail to meet Code of 1986 is amended by striking ‘‘2009’’ years beginning after December 31, 2019.
the requirements of section 411(d)(6) of the each place it appears in the last sentence and SEC. 2205. MODIFICATION OF LIMITATIONS ON
Internal Revenue Code of 1986 and section inserting ‘‘2020’’. CHARITABLE CONTRIBUTIONS DUR-
204(g) of the Employee Retirement Income (c) EFFECTIVE DATES.— ING 2020.
Security Act of 1974 by reason of such (1) IN GENERAL.—The amendments made by (a) TEMPORARY SUSPENSION OF LIMITATIONS
amendment. this section shall apply for calendar years ON CERTAIN CASH CONTRIBUTIONS.—
(2) AMENDMENTS TO WHICH SUBSECTION AP- beginning after December 31, 2019. (1) IN GENERAL.—Except as otherwise pro-
PLIES.— (2) PROVISIONS RELATING TO PLAN OR CON- vided in paragraph (2), qualified contribu-
(A) IN GENERAL.—This subsection shall TRACT AMENDMENTS.— tions shall be disregarded in applying sub-
apply to any amendment to any plan or an- (A) IN GENERAL.—If this paragraph applies sections (b) and (d) of section 170 of the In-
nuity contract which is made— to any plan or contract amendment— ternal Revenue Code of 1986.
(i) pursuant to any provision of this sec- (i) such plan or contract shall not fail to be (2) TREATMENT OF EXCESS CONTRIBUTIONS.—
tion, or pursuant to any regulation issued by treated as being operated in accordance with For purposes of section 170 of the Internal
the Secretary of the Treasury or the Sec- the terms of the plan during the period de- Revenue Code of 1986—
retary of Labor (or the delegate of either scribed in subparagraph (B)(ii) solely because (A) INDIVIDUALS.—In the case of an indi-
such Secretary) under any provision of this the plan operates in accordance with this vidual—
section, and section, and (i) LIMITATION.—Any qualified contribution
(ii) on or before the last day of the first shall be allowed as a deduction only to the
(ii) except as provided by the Secretary of
plan year beginning on or after January 1, extent that the aggregate of such contribu-
the Treasury (or the Secretary’s delegate),
2022, or such later date as the Secretary of tions does not exceed the excess of the tax-
such plan or contract shall not fail to meet
the Treasury (or the Secretary’s delegate) payer’s contribution base (as defined in sub-
the requirements of section 411(d)(6) of the
may prescribe. paragraph (H) of section 170(b)(1) of such
Internal Revenue Code of 1986 and section
In the case of a governmental plan (as de- Code) over the amount of all other charitable
204(g) of the Employee Retirement Income
fined in section 414(d) of the Internal Rev- contributions allowed under section 170(b)(1)
Security Act of 1974 by reason of such
enue Code of 1986), clause (ii) shall be applied of such Code.
amendment.
by substituting the date which is 2 years (ii) CARRYOVER.—If the aggregate amount
(B) AMENDMENTS TO WHICH PARAGRAPH AP-
after the date otherwise applied under clause of qualified contributions made in the con-
PLIES.—
(ii). tribution year (within the meaning of sec-
(i) IN GENERAL.—This paragraph shall apply
(B) CONDITIONS.—This subsection shall not tion 170(d)(1) of such Code) exceeds the limi-
to any amendment to any plan or annuity
apply to any amendment unless— tation of clause (i), such excess shall be
contract which—
(i) during the period— added to the excess described in section
(I) is made pursuant to the amendments
(I) beginning on the date that this section 170(b)(1)(G)(ii).
made by this section, and
or the regulation described in subparagraph (B) CORPORATIONS.—In the case of a cor-
(II) is made on or before the last day of the
(A)(i) takes effect (or in the case of a plan or poration—
first plan year beginning on or after January
contract amendment not required by this (i) LIMITATION.—Any qualified contribution
1, 2022.
section or such regulation, the effective date shall be allowed as a deduction only to the
In the case of a governmental plan, sub-
specified by the plan), and extent that the aggregate of such contribu-
clause (II) shall be applied by substituting
(II) ending on the date described in sub- tions does not exceed the excess of 25 percent
‘‘2024’’ for ‘‘2022’’.
paragraph (A)(ii) (or, if earlier, the date the of the taxpayer’s taxable income (as deter-
(ii) CONDITIONS.—This paragraph shall not
plan or contract amendment is adopted), mined under paragraph (2) of section 170(b) of
apply to any amendment unless during the
the plan or contract is operated as if such such Code) over the amount of all other
period beginning on the effective date of the
plan or contract amendment were in effect, charitable contributions allowed under such
amendment and ending on December 31, 2020,
and paragraph.
the plan or contract is operated as if such
(ii) such plan or contract amendment ap- (ii) CARRYOVER.—If the aggregate amount
plan or contract amendment were in effect.
plies retroactively for such period. of qualified contributions made in the con-
SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE
SEC. 2203. TEMPORARY WAIVER OF REQUIRED LINE DEDUCTION FOR CHARITABLE
tribution year (within the meaning of sec-
MINIMUM DISTRIBUTION RULES CONTRIBUTIONS. tion 170(d)(2) of such Code) exceeds the limi-
FOR CERTAIN RETIREMENT PLANS (a) IN GENERAL.—Section 62(a) of the Inter- tation of clause (i), such excess shall be ap-
AND ACCOUNTS. nal Revenue Code of 1986 is amended by in- propriately taken into account under section
(a) IN GENERAL.—Section 401(a)(9) of the In- serting after paragraph (21) the following 170(d)(2) subject to the limitations thereof.
ternal Revenue Code of 1986 is amended by new paragraph: (3) QUALIFIED CONTRIBUTIONS.—
adding at the end the following new subpara- ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the (A) IN GENERAL.—For purposes of this sub-
graph: case of taxable years beginning in 2020, the section, the term ‘‘qualified contribution’’
‘‘(I) TEMPORARY WAIVER OF MINIMUM RE- amount (not to exceed $300) of qualified char- means any charitable contribution (as de-
QUIRED DISTRIBUTION.— itable contributions made by an eligible in- fined in section 170(c) of the Internal Rev-
‘‘(i) IN GENERAL.—The requirements of this dividual during the taxable year.’’. enue Code of 1986) if—
paragraph shall not apply for calendar year (b) DEFINITIONS.—Section 62 of such Code is (i) such contribution is paid in cash during
2020 to— amended by adding at the end the following calendar year 2020 to an organization de-
‘‘(I) a defined contribution plan which is new subsection: scribed in section 170(b)(1)(A) of such Code,
described in this subsection or in section ‘‘(f) DEFINITIONS RELATING TO QUALIFIED and
403(a) or 403(b), CHARITABLE CONTRIBUTIONS.—For purposes of (ii) the taxpayer has elected the applica-
‘‘(II) a defined contribution plan which is subsection (a)(22)— tion of this section with respect to such con-
an eligible deferred compensation plan de- ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligi- tribution.
scribed in section 457(b) but only if such plan ble individual’ means any individual who (B) EXCEPTION.—Such term shall not in-
is maintained by an employer described in does not elect to itemize deductions. clude a contribution by a donor if the con-
section 457(e)(1)(A), or ‘‘(2) QUALIFIED CHARITABLE CONTRIBU- tribution is—
dlhill on DSKBBY8HB2PROD with SENATE
‘‘(III) an individual retirement plan. TIONS.—The term ‘qualified charitable con- (i) to an organization described in section
‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING tribution’ means a charitable contribution 509(a)(3) of the Internal Revenue Code of 1986,
DATES IN 2020.—Clause (i) shall apply to any (as defined in section 170(c))— or
distribution which is required to be made in ‘‘(A) which is made in cash, (ii) for the establishment of a new, or
calendar year 2020 by reason of— ‘‘(B) for which a deduction is allowable maintenance of an existing, donor advised
‘‘(I) a required beginning date occurring in under section 170 (determined without regard fund (as defined in section 4966(d)(2) of such
such calendar year, and to subsection (b) thereof), and Code).
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S2082 CONGRESSIONAL RECORD — SENATE March 25, 2020
(C) APPLICATION OF ELECTION TO PARTNER- under this paragraph shall be treated in the (B) LIMITATION.—Qualified wages paid or
SHIPS AND S CORPORATIONS.—In the case of a same manner as a refund due from a credit incurred by an eligible employer described in
partnership or S corporation, the election provision referred to in subsection (b)(2) of subparagraph (A)(i) with respect to an em-
under subparagraph (A)(ii) shall be made sep- such section. ployee for any period described in such sub-
arately by each partner or shareholder. (c) DEFINITIONS.—For purposes of this sec- paragraph may not exceed the amount such
(b) INCREASE IN LIMITS ON CONTRIBUTIONS tion— employee would have been paid for working
OF FOOD INVENTORY.—In the case of any (1) APPLICABLE EMPLOYMENT TAXES.—The an equivalent duration during the 30 days
charitable contribution of food during 2020 to term ‘‘applicable employment taxes’’ means immediately preceding such period.
which section 170(e)(3)(C) of the Internal the following: (C) ALLOWANCE FOR CERTAIN HEALTH PLAN
Revenue Code of 1986 applies, subclauses (I) (A) The taxes imposed under section 3111(a) EXPENSES.—
and (II) of clause (ii) thereof shall each be of the Internal Revenue Code of 1986. (i) IN GENERAL.—The term ‘‘qualified
applied by substituting ‘‘25 percent’’ for ‘‘15 (B) So much of the taxes imposed under wages’’ shall include so much of the eligible
percent.’’ section 3221(a) of such Code as are attrib- employer’s qualified health plan expenses as
(c) EFFECTIVE DATE.—This section shall utable to the rate in effect under section are properly allocable to such wages.
apply to taxable years ending after Decem- 3111(a) of such Code. (ii) QUALIFIED HEALTH PLAN EXPENSES.—For
ber 31, 2019. (2) ELIGIBLE EMPLOYER.— purposes of this paragraph, the term ‘‘quali-
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER (A) IN GENERAL.—The term ‘‘eligible em- fied health plan expenses’’ means amounts
PAYMENTS OF STUDENT LOANS. ployer’’ means any employer— paid or incurred by the eligible employer to
(a) IN GENERAL.—Paragraph (1) of section (i) which was carrying on a trade or busi- provide and maintain a group health plan (as
127(c) of the Internal Revenue Code of 1986 is ness during calendar year 2020, and defined in section 5000(b)(1) of the Internal
amended by striking ‘‘and’’ at the end of sub- (ii) with respect to any calendar quarter, Revenue Code of 1986), but only to the extent
paragraph (A), by redesignating subpara- for which— that such amounts are excluded from the
graph (B) as subparagraph (C), and by insert- (I) the operation of the trade or business gross income of employees by reason of sec-
ing after subparagraph (A) the following new described in clause (i) is fully or partially tion 106(a) of such Code.
subparagraph: suspended during the calendar quarter due to (iii) ALLOCATION RULES.—For purposes of
orders from an appropriate governmental au- this paragraph, qualified health plan ex-
‘‘(B) in the case of payments made before
thority limiting commerce, travel, or group penses shall be allocated to qualified wages
January 1, 2021, the payment by an em-
meetings (for commercial, social, religious, in such manner as the Secretary may pre-
ployer, whether paid to the employee or to a
or other purposes) due to the coronavirus
lender, of principal or interest on any quali- scribe. Except as otherwise provided by the
disease 2019 (COVID-19), or
fied education loan (as defined in section Secretary, such allocation shall be treated as
(II) such calendar quarter is within the pe-
221(d)(1)) incurred by the employee for edu- properly made if made on the basis of being
riod described in subparagraph (B).
cation of the employee, and’’. pro rata among employees and pro rata on
(B) SIGNIFICANT DECLINE IN GROSS RE-
(b) CONFORMING AMENDMENT; DENIAL OF the basis of periods of coverage (relative to
CEIPTS.—The period described in this sub-
DOUBLE BENEFIT.—The first sentence of para- the periods to which such wages relate).
paragraph is the period—
graph (1) of section 221(e) of the Internal (4) SECRETARY.—The term ‘‘Secretary’’
(i) beginning with the first calendar quar-
Revenue Code of 1986 is amended by inserting means the Secretary of the Treasury or the
ter beginning after December 31, 2019, for
before the period the following: ‘‘, or for Secretary’s delegate.
which gross receipts (within the meaning of
which an exclusion is allowable under sec- section 448(c) of the Internal Revenue Code (5) WAGES.—The term ‘‘wages’’ means
tion 127 to the taxpayer by reason of the pay- of 1986) for the calendar quarter are less than wages (as defined in section 3121(a) of the In-
ment by the taxpayer’s employer of any in- 50 percent of gross receipts for the same cal- ternal Revenue Code of 1986) and compensa-
debtedness on a qualified education loan of endar quarter in the prior year, and tion (as defined in section 3231(e) of such
the taxpayer’’. (ii) ending with the calendar quarter fol- Code).
(c) EFFECTIVE DATE.—The amendments lowing the first calendar quarter beginning (6) OTHER TERMS.—Any term used in this
made by this section shall apply to payments after a calendar quarter described in clause section which is also used in chapter 21 or 22
made after the date of the enactment of this (i) for which gross receipts of such employer of the Internal Revenue Code of 1986 shall
Act. are greater than 80 percent of gross receipts have the same meaning as when used in such
Subtitle C—Business Provisions for the same calendar quarter in the prior chapter.
year. (d) AGGREGATION RULE.—All persons treat-
SEC. 2301. EMPLOYEE RETENTION CREDIT FOR
EMPLOYERS SUBJECT TO CLOSURE (C) TAX-EXEMPT ORGANIZATIONS.—In the ed as a single employer under subsection (a)
DUE TO COVID-19. case of an organization which is described in or (b) of section 52 of the Internal Revenue
(a) IN GENERAL.—In the case of an eligible section 501(c) of the Internal Revenue Code Code of 1986, or subsection (m) or (o) of sec-
employer, there shall be allowed as a credit of 1986 and exempt from tax under section tion 414 of such Code, shall be treated as one
501(a) of such Code, clauses (i) and (ii)(I) of employer for purposes of this section.
against applicable employment taxes for
(e) CERTAIN RULES TO APPLY.—For pur-
each calendar quarter an amount equal to 50 subparagraph (A) shall apply to all oper-
poses of this section, rules similar to the
percent of the qualified wages with respect ations of such organization.
rules of sections 51(i)(1) and 280C(a) of the In-
to each employee of such employer for such (3) QUALIFIED WAGES.— ternal Revenue Code of 1986 shall apply.
calendar quarter. (A) IN GENERAL.—The term ‘‘qualified (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
(b) LIMITATIONS AND REFUNDABILITY.— wages’’ means— This credit shall not apply to the Govern-
(1) WAGES TAKEN INTO ACCOUNT.—The (i) in the case of an eligible employer for ment of the United States, the government
amount of qualified wages with respect to which the average number of full-time em- of any State or political subdivision thereof,
any employee which may be taken into ac- ployees (within the meaning of section 4980H or any agency or instrumentality of any of
count under subsection (a) by the eligible of the Internal Revenue Code of 1986) em- the foregoing.
employer for all calendar quarters shall not ployed by such eligible employer during 2019 (g) ELECTION NOT TO HAVE SECTION
exceed $10,000. was greater than 100, wages paid by such eli- APPLY.—This section shall not apply with re-
(2) CREDIT LIMITED TO EMPLOYMENT gible employer with respect to which an em- spect to any eligible employer for any cal-
TAXES.—The credit allowed by subsection (a) ployee is not providing services due to cir- endar quarter if such employer elects (at
with respect to any calendar quarter shall cumstances described in subclause (I) or (II) such time and in such manner as the Sec-
not exceed the applicable employment taxes of paragraph (2)(A)(ii), or retary may prescribe) not to have this sec-
(reduced by any credits allowed under sub- (ii) in the case of an eligible employer for tion apply.
sections (e) and (f) of section 3111 of the In- which the average number of full-time em- (h) SPECIAL RULES.—
ternal Revenue Code of 1986 and sections 7001 ployees (within the meaning of section 4980H (1) EMPLOYEE NOT TAKEN INTO ACCOUNT
and 7003 of the Families First Coronavirus of the Internal Revenue Code of 1986) em- MORE THAN ONCE.—An employee shall not be
Response Act) on the wages paid with re- ployed by such eligible employer during 2019 included for purposes of this section for any
spect to the employment of all the employ- was not greater than 100— period with respect to any employer if such
ees of the eligible employer for such calendar (I) with respect to an eligible employer de- employer is allowed a credit under section 51
quarter. scribed in subclause (I) of paragraph of the Internal Revenue Code of 1986 with re-
(3) REFUNDABILITY OF EXCESS CREDIT.— (2)(A)(ii), wages paid by such eligible em- spect to such employee for such period.
(A) IN GENERAL.—If the amount of the cred- ployer with respect to an employee during (2) DENIAL OF DOUBLE BENEFIT.—Any wages
it under subsection (a) exceeds the limita- any period described in such clause, or taken into account in determining the credit
tion of paragraph (2) for any calendar quar- (II) with respect to an eligible employer allowed under this section shall not be taken
dlhill on DSKBBY8HB2PROD with SENATE
ter, such excess shall be treated as an over- described in subclause (II) of such paragraph, into account for purposes of determining the
payment that shall be refunded under sec- wages paid by such eligible employer with credit allowed under section 45S of such
tions 6402(a) and 6413(b) of the Internal Rev- respect to an employee during such quarter. Code.
enue Code of 1986. Such term shall not include any wages taken (3) THIRD PARTY PAYORS.—Any credit al-
(B) TREATMENT OF PAYMENTS.—For pur- into account under section 7001 or section lowed under this section shall be treated as
poses of section 1324 of title 31, United States 7003 of the Families First Coronavirus Re- a credit described in section 3511(d)(2) of such
Code, any amounts due to the employer sponse Act. Code.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2083
(i) TRANSFERS TO FEDERAL OLD-AGE AND had indebtedness forgiven under section 1106 (e) TRUST FUNDS HELD HARMLESS.—There
SURVIVORS INSURANCE TRUST FUND.—There of this Act with respect to a loan under para- are hereby appropriated (out of any money
are hereby appropriated to the Federal Old- graph (36) of section 7(a) of the Small Busi- in the Treasury not otherwise appropriated)
Age and Survivors Insurance Trust Fund and ness Act (15 U.S.C. 636(a)), as added by sec- for each fiscal year to the Federal Old-Age
the Federal Disability Insurance Trust Fund tion 1102 of this Act, or indebtedness for- and Survivors Insurance Trust Fund and the
established under section 201 of the Social given under section 1109 of this Act. Federal Disability Insurance Trust Fund es-
Security Act (42 U.S.C. 401) and the Social (b) SECA.— tablished under section 201 of the Social Se-
Security Equivalent Benefit Account estab- (1) IN GENERAL.—Notwithstanding any curity Act (42 U.S.C. 401) and the Social Se-
lished under section 15A(a) of the Railroad other provision of law, the payment for 50 curity Equivalent Benefit Account estab-
Retirement Act of 1974 (45 U.S.C. 14 231n–1(a)) percent of the taxes imposed under section lished under section 15A(a) of the Railroad
amounts equal to the reduction in revenues 1401(a) of the Internal Revenue Code of 1986 Retirement Act of 1974 (45 U.S.C. 231n–1(a))
to the Treasury by reason of this section for the payroll tax deferral period shall not an amount equal to the reduction in the
(without regard to this subsection). Amounts be due before the applicable date. transfers to such fund for such fiscal year by
appropriated by the preceding sentence shall (2) ESTIMATED TAXES.—For purposes of ap- reason of this section. Amounts appropriated
be transferred from the general fund at such plying section 6654 of the Internal Revenue by the preceding sentence shall be trans-
times and in such manner as to replicate to Code of 1986 to any taxable year which in- ferred from the general fund at such times
the extent possible the transfers which cludes any part of the payroll tax deferral and in such manner as to replicate to the ex-
would have occurred to such Trust Fund or period, 50 percent of the taxes imposed under tent possible the transfers which would have
Account had this section not been enacted. section 1401(a) of such Code for the payroll occurred to such Trust Fund had such
(j) RULE FOR EMPLOYERS TAKING SMALL tax deferral period shall not be treated as amendments not been enacted.
BUSINESS INTERRUPTION LOAN.—If an eligible taxes to which such section 6654 applies. (f) REGULATORY AUTHORITY.—The Sec-
employer receives a covered loan under para- retary shall issue such regulations or other
(c) LIABILITY OF THIRD PARTIES.—
graph (36) of section 7(a) of the Small Busi- guidance as necessary to carry out the pur-
(1) ACTS TO BE PERFORMED BY AGENTS.—For
ness Act (15 U.S.C. 636(a)), as added by sec- poses of this section, including rules for the
purposes of section 3504 of the Internal Rev-
tion 1102 of this Act, such employer shall not administration and enforcement of sub-
enue Code of 1986, in the case of any person
be eligible for the credit under this section. section (c).
(k) TREATMENT OF DEPOSITS.—The Sec- designated pursuant to such section (and any
retary shall waive any penalty under section regulations or other guidance issued by the SEC. 2303. MODIFICATIONS FOR NET OPERATING
Secretary with respect to such section) to LOSSES.
6656 of the Internal Revenue Code of 1986 for
any failure to make a deposit of any applica- perform acts otherwise required to be per- (a) TEMPORARY REPEAL OF TAXABLE INCOME
ble employment taxes if the Secretary deter- formed by an employer under such Code, if LIMITATION.—
mines that such failure was due to the rea- such employer directs such person to defer (1) IN GENERAL.—The first sentence of sec-
sonable anticipation of the credit allowed payment of any applicable employment tion 172(a) of the Internal Revenue Code of
under this section. taxes during the payroll tax deferral period 1986 is amended by striking ‘‘an amount
(l) REGULATIONS AND GUIDANCE.—The Sec- under this section, such employer shall be equal to’’ and all that follows and inserting
retary shall issue such forms, instructions, solely liable for the payment of such applica- ‘‘an amount equal to—
regulations, and guidance as are necessary— ble employment taxes before the applicable ‘‘(1) in the case of a taxable year beginning
(1) to allow the advance payment of the date for any wages paid by such person on before January 1, 2021, the aggregate of the
credit under subsection (a), subject to the behalf of such employer during such period. net operating loss carryovers to such year,
limitations provided in this section, based on (2) CERTIFIED PROFESSIONAL EMPLOYER OR- plus the net operating loss carrybacks to
such information as the Secretary shall re- GANIZATIONS.—For purposes of section 3511, such year, and
quire, in the case of a certified professional em- ‘‘(2) in the case of a taxable year beginning
(2) to provide for the reconciliation of such ployer organization (as defined in subsection after December 31, 2020, the sum of—
advance payment with the amount advanced (a) of section 7705 of the Internal Revenue ‘‘(A) the aggregate amount of net oper-
at the time of filing the return of tax for the Code of 1986) that has entered into a service ating losses arising in taxable years begin-
applicable calendar quarter or taxable year, contract described in subsection (e)(2) of ning before January 1, 2018, carried to such
(3) to provide for the recapture of the cred- such section with a customer, if such cus- taxable year, plus
it under this section if such credit is allowed tomer directs such organization to defer pay- ‘‘(B) the lesser of—
to a taxpayer which receives a loan described ment of any applicable employment taxes ‘‘(i) the aggregate amount of net operating
in subsection (j) during a subsequent quar- during the payroll tax deferral period under losses arising in taxable years beginning
ter, this section, such customer shall, notwith- after December 31, 2017, carried to such tax-
(4) with respect to the application of the standing subsections (a) and (c) of section able year, or
credit under subsection (a) to third party 3511, be solely liable for the payment of such ‘‘(ii) 80 percent of the excess (if any) of—
payors (including professional employer or- applicable employment taxes before the ap- ‘‘(I) taxable income computed without re-
ganizations, certified professional employer plicable date for any wages paid by such or- gard to the deductions under this section and
organizations, or agents under section 3504 of ganization to any work site employee per- sections 199A and 250, over
the Internal Revenue Code of 1986), including forming services for such customer during ‘‘(II) the amount determined under sub-
regulations or guidance allowing such payors such period. paragraph (A).’’.
to submit documentation necessary to sub- (d) DEFINITIONS.—For purposes of this sec- (2) CONFORMING AMENDMENTS.—
stantiate the eligible employer status of em- tion— (A) Section 172(b)(2)(C) of such Code is
ployers that use such payors, and (1) APPLICABLE EMPLOYMENT TAXES.—The amended to read as follows:
(5) for application of subparagraphs term ‘‘applicable employment taxes’’ means ‘‘(C) for taxable years beginning after De-
(A)(ii)(II) and (B) of subsection (c)(2) in the the following: cember 31, 2020, be reduced by 20 percent of
case of any employer which was not carrying (A) The taxes imposed under section 3111(a) the excess (if any) described in subsection
on a trade or business for all or part of the of the Internal Revenue Code of 1986. (a)(2)(B)(ii) for such taxable year.’’.
same calendar quarter in the prior year. (B) So much of the taxes imposed under (B) Section 172(d)(6)(C) of such Code is
(m) APPLICATION.—This section shall only section 3211(a) of such Code as are attrib- amended by striking ‘‘subsection (a)(2)’’ and
apply to wages paid after March 12, 2020, and utable to the rate in effect under section inserting ‘‘subsection (a)(2)(B)(ii)(I)’’.
before January 1, 2021. 3111(a) of such Code. (C) Section 860E(a)(3)(B) of such Code is
SEC. 2302. DELAY OF PAYMENT OF EMPLOYER (C) So much of the taxes imposed under amended by striking all that follows ‘‘for
PAYROLL TAXES. section 3221(a) of such Code as are attrib- purposes of’’ and inserting ‘‘subsection
(a) IN GENERAL.— utable to the rate in effect under section (a)(2)(B)(ii)(I) and the second sentence of sub-
(1) TAXES.—Notwithstanding any other 3111(a) of such Code. section (b)(2) of section 172.’’.
provision of law, the payment for applicable (2) PAYROLL TAX DEFERRAL PERIOD.—The (b) MODIFICATIONS OF RULES RELATING TO
employment taxes for the payroll tax defer- term ‘‘payroll tax deferral period’’ means the CARRYBACKS.—
ral period shall not be due before the appli- period beginning on the date of the enact- (1) IN GENERAL.—Section 172(b)(1) of the In-
cable date. ment of this Act and ending before January ternal Revenue Code of 1986 is amended by
(2) DEPOSITS.—Notwithstanding section 1, 2021. adding at the end the following new subpara-
6302 of the Internal Revenue Code of 1986, an (3) APPLICABLE DATE.—The term ‘‘applica- graph:
employer shall be treated as having timely ble date’’ means— ‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN
made all deposits of applicable employment (A) December 31, 2021, with respect to 50 2018, 2019, AND 2020.—
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taxes that are required to be made (without percent of the amounts to which subsection ‘‘(i) IN GENERAL.—In the case of any net op-
regard to this section) for such taxes during (a) or (b), as the case may be, apply, and erating loss arising in a taxable year begin-
the payroll tax deferral period if all such de- (B) December 31, 2022, with respect to the ning after December 31, 2017, and before Jan-
posits are made not later than the applicable remaining such amounts. uary 1, 2021—
date. (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(I) such loss shall be a net operating loss
(3) EXCEPTION.—This subsection shall not means the Secretary of the Treasury (or the carryback to each of the 5 taxable years pre-
apply to any taxpayer if such taxpayer has Secretary’s delegate). ceding the taxable year of such loss, and
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S2084 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(II) subparagraphs (B) and (C)(i) shall not ‘‘(A) GENERAL RULE.—A net operating loss (2) Section 461(l)(3)(A) of such Code is
apply. for any taxable year— amended—
‘‘(ii) SPECIAL RULES FOR REITS.—For pur- ‘‘(i) shall be a net operating loss carryback (A) in clause (i), by inserting ‘‘and without
poses of this subparagraph— to the extent provided in subparagraphs (B) regard to any deduction allowable under sec-
‘‘(I) IN GENERAL.—A net operating loss for and (C)(i), and tion 172 or 199A’’ after ‘‘under paragraph (1)’’,
a REIT year shall not be a net operating loss ‘‘(ii) except as provided in subparagraph and
carryback to any taxable year preceding the (C)(ii), shall be a net operating loss carry- (B) by adding at the end the following flush
taxable year of such loss. over— sentence:
‘‘(II) SPECIAL RULE.—In the case of any net ‘‘(I) in the case of a net operating loss aris- ‘‘Such excess shall be determined without re-
operating loss for a taxable year which is not ing in a taxable year beginning before Janu- gard to any deductions, gross income, or
a REIT year, such loss shall not be carried to ary 1, 2018, to each of the 20 taxable years gains attributable to any trade or business of
any preceding taxable year which is a REIT following the taxable year of the loss, and performing services as an employee.’’.
year. ‘‘(II) in the case of a net operating loss (3) Section 461(l)(3) of such Code is amend-
‘‘(III) REIT YEAR.—For purposes of this arising in a taxable year beginning after De- ed by redesignating subparagraph (B) as sub-
subparagraph, the term ‘REIT year’ means cember 31, 2017, to each taxable year fol- paragraph (C) and by inserting after subpara-
any taxable year for which the provisions of lowing the taxable year of the loss.’’. graph (A) the following new subparagraph:
part II of subchapter M (relating to real es- (d) EFFECTIVE DATES.— ‘‘(B) TREATMENT OF CAPITAL GAINS AND
tate investment trusts) apply to the tax- (1) NET OPERATING LOSS LIMITATION.—The LOSSES.—
payer. amendments made by subsection (a) shall ‘‘(i) LOSSES.—Deductions for losses from
‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE apply— sales or exchanges of capital assets shall not
COMPANIES.— In the case of a life insurance (A) to taxable years beginning after De- be taken into account under subparagraph
company, if a net operating loss is carried cember 31, 2017, and (A)(i).
pursuant to clause (i)(I) to a life insurance (B) to taxable years beginning on or before ‘‘(ii) GAINS.—The amount of gains from
company taxable year beginning before Jan- December 31, 2017, to which net operating sales or exchanges of capital assets taken
uary 1, 2018, such net operating loss losses arising in taxable years beginning into account under subparagraph (A)(ii) shall
carryback shall be treated in the same man- after December 31, 2017, are carried. not exceed the lesser of—
ner as an operations loss carryback (within (2) CARRYOVERS AND CARRYBACKS.—The ‘‘(I) the capital gain net income deter-
the meaning of section 810 as in effect before amendment made by subsection (b) shall mined by taking into account only gains and
its repeal) of such company to such taxable apply to— losses attributable to a trade or business, or
year. (A) net operating losses arising in taxable ‘‘(II) the capital gain net income.’’.
‘‘(iv) RULE RELATING TO CARRYBACKS TO years beginning after December 31, 2017, and
(B) taxable years beginning before, on, or (c) EFFECTIVE DATES.—
YEARS TO WHICH SECTION 965 APPLIES.—If a net
after such date to which such net operating (1) IN GENERAL.—The amendments made by
operating loss of a taxpayer is carried pursu- subsection (a) shall apply to taxable years
ant to clause (i)(I) to any taxable year in losses are carried.
(3) TECHNICAL AMENDMENTS.—The amend- beginning after December 31, 2017.
which an amount is includible in gross in- (2) TECHNICAL AMENDMENTS.—The amend-
come by reason of section 965(a), the tax- ments made by subsection (c) shall take ef-
fect as if included in the provisions of Public ments made by subsection (b) shall take ef-
payer shall be treated as having made the fect as if included in the provisions of Public
election under section 965(n) with respect to Law 115–97 to which they relate.
(4) SPECIAL RULE.—In the case of a net op- Law 115–97 to which they relate.
each such taxable year.
‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER erating loss arising in a taxable year begin- SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR
PARAGRAPH (3).—
ning before January 1, 2018, and ending after YEAR MINIMUM TAX LIABILITY OF
‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION December 31, 2017— CORPORATIONS.
965 YEARS.— If the 5-year carryback period
(A) an application under section 6411(a) of
(a) IN GENERAL.—Section 53(e) of the Inter-
under clause (i)(I) with respect to any net op- the Internal Revenue Code of 1986 with re-
nal Revenue Code of 1986 is amended—
erating loss of a taxpayer includes 1 or more spect to the carryback of such net operating
(1) by striking ‘‘2018, 2019, 2020, or 2021’’ in
taxable years in which an amount is includ- loss shall not fail to be treated as timely
paragraph (1) and inserting ‘‘2018 or 2019’’,
ible in gross income by reason of section filed if filed not later than the date which is
and
965(a), the taxpayer may, in lieu of the elec- 120 days after the date of the enactment of
(2) by striking ‘‘2021’’ in paragraph (2) and
tion otherwise available under paragraph (3), this Act, and
inserting ‘‘2019’’.
elect under such paragraph to exclude all (B) an election to—
(i) forgo any carryback of such net oper- (b) ELECTION TO TAKE ENTIRE REFUNDABLE
such taxable years from such carryback pe-
ating loss, CREDIT AMOUNT IN 2018.—
riod.
(ii) reduce any period to which such net op- (1) IN GENERAL.—Section 53(e) of such Code
‘‘(II) TIME OF ELECTIONS.—An election
erating loss may be carried back, or is amended by adding at the end the fol-
under paragraph (3) (including an election
(iii) revoke any election made under sec- lowing new paragraph:
described in subclause (I)) with respect to a
tion 172(b) to forgo any carryback of such ‘‘(5) SPECIAL RULE.—In the case of a cor-
net operating loss arising in a taxable year
net operating loss, poration making an election under this para-
beginning in 2018 or 2019 shall be made by the
shall not fail to be treated as timely made if graph—
due date (including extensions of time) for
made not later than the date which is 120 ‘‘(A) paragraph (1) shall not apply, and
filing the taxpayer’s return for the first tax-
days after the date of the enactment of this ‘‘(B) subsection (c) shall not apply to the
able year ending after the date of the enact-
Act. first taxable year of such corporation begin-
ment of this subparagraph.’’.
SEC. 2304. MODIFICATION OF LIMITATION ON ning in 2018.’’.
(2) CONFORMING AMENDMENT.—Section
LOSSES FOR TAXPAYERS OTHER (c) EFFECTIVE DATE.—The amendments
172(b)(1)(A) of such Code, as amended by sub- THAN CORPORATIONS.
section (c)(2), is amended by striking ‘‘and made by this section shall apply to taxable
(a) IN GENERAL.—Section 461(l)(1) of the In-
(C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’. years beginning after December 31, 2017.
ternal Revenue Code of 1986 is amended to
(c) TECHNICAL AMENDMENT RELATING TO read as follows: (d) SPECIAL RULE.—
SECTION 13302 OF PUBLIC LAW 115–97.— ‘‘(1) LIMITATION.—In the case of a taxpayer (1) IN GENERAL.—For purposes of the Inter-
(1) Section 13302(e) of Public Law 115–97 is other than a corporation— nal Revenue Code of 1986, a credit or refund
amended to read as follows: ‘‘(A) for any taxable year beginning after for which an application described in para-
‘‘(e) EFFECTIVE DATES.— December 31, 2017, and before January 1, 2026, graph (2)(A) is filed shall be treated as made
‘‘(1) NET OPERATING LOSS LIMITATION.—The subsection (j) (relating to limitation on ex- under section 6411 of such Code.
amendments made by subsections (a) and cess farm losses of certain taxpayers) shall (2) TENTATIVE REFUND.—
(d)(2) shall apply to— not apply, and (A) APPLICATION.—A taxpayer may file an
‘‘(A) taxable years beginning after Decem- ‘‘(B) for any taxable year beginning after application for a tentative refund of any
ber 31, 2017, and December 31, 2020, and before January 1, 2026, amount for which a refund is due by reason
‘‘(B) taxable years beginning on or before any excess business loss of the taxpayer for of an election under section 53(e)(5) of the In-
such date to which net operating losses aris- the taxable year shall not be allowed.’’. ternal Revenue Code of 1986. Such applica-
ing in taxable years beginning after such (b) TECHNICAL AMENDMENTS RELATING TO tion shall be in such manner and form as the
date are carried. SECTION 11012 OF PUBLIC LAW 115–97.— Secretary of the Treasury (or the Secretary’s
‘‘(2) CARRYOVERS AND CARRYBACKS.—The (1) Section 461(l)(2) of the Internal Revenue delegate) may prescribe and shall—
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amendments made by subsections (b), (c), Code of 1986 is amended by striking ‘‘a net (i) be verified in the same manner as an ap-
and (d)(1) shall apply to net operating losses operating loss carryover to the following plication under section 6411(a) of such Code,
arising in taxable years beginning after De- taxable year under section 172’’ and inserting (ii) be filed prior to December 31, 2020, and
cember 31, 2017.’’. ‘‘a net operating loss for the taxable year for (iii) set forth—
(2) Section 172(b)(1)(A) of the Internal Rev- purposes of determining any net operating (I) the amount of the refundable credit
enue Code of 1986 is amended to read as fol- loss carryover under section 172(b) for subse- claimed under section 53(e) of such Code for
lows: quent taxable years’’. such taxable year,
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2085
(II) the amount of the refundable credit 2019 which is substituted under clause (i) tional Academies of Sciences, Engineering,
claimed under such section for any pre- shall be equal to the amount which bears the and Medicine (referred to in this section as
viously filed return for such taxable year, same ratio to such adjusted taxable income the ‘‘National Academies’’) to examine, and,
and determined without regard to this clause as in a manner that does not compromise na-
(III) the amount of the refund claimed. the number of months in the short taxable tional security, report on, the security of the
(B) ALLOWANCE OF ADJUSTMENTS.—Within a year bears to 12’’. United States medical product supply chain.
period of 90 days from the date on which an (b) EFFECTIVE DATE.—The amendments (b) PURPOSES.—The report developed under
application is filed under subparagraph (A), made by this section shall apply to taxable this section shall—
the Secretary of the Treasury (or the Sec- years beginning after December 31, 2018. (1) assess and evaluate the dependence of
retary’s delegate) shall— SEC. 2307. TECHNICAL AMENDMENTS REGARD- the United States, including the private
(i) review the application, ING QUALIFIED IMPROVEMENT commercial sector, States, and the Federal
(ii) determine the amount of the overpay- PROPERTY. Government, on critical drugs and devices
ment, and (a) IN GENERAL.—Section 168 of the Inter- that are sourced or manufactured outside of
(iii) apply, credit, or refund such overpay- nal Revenue Code of 1986 is amended— the United States, which may include an
ment, (1) in subsection (e)— analysis of—
in a manner similar to the manner provided (A) in paragraph (3)(E), by striking ‘‘and’’ (A) the supply chain of critical drugs and
in section 6411(b) of the Internal Revenue at the end of clause (v), by striking the pe- devices of greatest priority to providing
Code of 1986. riod at the end of clause (vi) and inserting ‘‘, health care;
(C) CONSOLIDATED RETURNS.—The provi- and’’, and by adding at the end the following (B) any potential public health security or
sions of section 6411(c) of the Internal Rev- new clause: national security risks associated with reli-
enue Code of 1986 Code shall apply to an ad- ‘‘(vii) any qualified improvement prop- ance on critical drugs and devices sourced or
justment under this paragraph to the same erty.’’, and manufactured outside of the United States,
extent and manner as the Secretary of the (B) in paragraph (6)(A), by inserting ‘‘made which may include responses to previous or
Treasury (or the Secretary’s delegate) may by the taxpayer’’ after ‘‘any improvement’’, existing shortages or public health emer-
provide. and gencies, such as infectious disease outbreaks,
SEC. 2306. MODIFICATIONS OF LIMITATION ON (2) in the table contained in subsection bioterror attacks, and other public health
BUSINESS INTEREST. (g)(3)(B)— threats;
(a) IN GENERAL.—Section 163(j) of the In- (A) by striking the item relating to sub- (C) any existing supply chain information
ternal Revenue Code of 1986 is amended by paragraph (D)(v), and gaps, as applicable; and
redesignating paragraph (10) as paragraph (D) potential economic impact of increased
(B) by inserting after the item relating to
(11) and by inserting after paragraph (9) the domestic manufacturing; and
subparagraph (E)(vi) the following new item:
following new paragraph: (2) provide recommendations, which may
‘‘(E)(vii) .................................... 20’’.
‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- include a plan to improve the resiliency of
(b) EFFECTIVE DATE.—The amendments
GINNING IN 2019 AND 2020.— the supply chain for critical drugs and de-
made by this section shall take effect as if
‘‘(A) IN GENERAL.— vices as described in paragraph (1), and to ad-
included in section 13204 of Public Law 115–
‘‘(i) IN GENERAL.—Except as provided in dress any supply vulnerabilities or potential
97.
clause (ii) or (iii), in the case of any taxable disruptions of such products that would sig-
SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE nificantly affect or pose a threat to public
year beginning in 2019 or 2020, paragraph
TAX FOR ALCOHOL USED TO
(1)(B) shall be applied by substituting ‘50 per- PRODUCE HAND SANITIZER.
health security or national security, as ap-
cent’ for ‘30 percent’. propriate, which may include strategies to—
(a) IN GENERAL.—Section 5214(a) of the In-
‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In (A) promote supply chain redundancy and
ternal Revenue Code of 1986 is amended—
the case of a partnership— contingency planning;
(1) in paragraph (13), by striking the period
‘‘(I) clause (i) shall not apply to any tax- (B) encourage domestic manufacturing, in-
at the end and inserting ‘‘; or’’, and cluding consideration of economic impacts,
able year beginning in 2019, but
(2) by adding at the end the following new if any;
‘‘(II) unless a partner elects not to have
paragraph: (C) improve supply chain information gaps;
this subclause apply, in the case of any ex-
‘‘(14) with respect to distilled spirits re- (D) improve planning considerations for
cess business interest of the partnership for
any taxable year beginning in 2019 which is moved after December 31, 2019, and before medical product supply chain capacity dur-
allocated to the partner under paragraph January 1, 2021, free of tax for use in or con- ing public health emergencies; and
(4)(B)(i)(II)— tained in hand sanitizer produced and dis- (E) promote the accessibility of such drugs
‘‘(aa) 50 percent of such excess business in- tributed in a manner consistent with any and devices.
terest shall be treated as business interest guidance issued by the Food and Drug Ad- (c) INPUT.—In conducting the study and de-
which, notwithstanding paragraph (4)(B)(ii), ministration that is related to the outbreak veloping the report under subsection (b), the
is paid or accrued by the partner in the part- of virus SARS-CoV-2 or coronavirus disease National Academies shall—
ner’s first taxable year beginning in 2020 and 2019 (COVID-19).’’. (1) consider input from the Department of
which is not subject to the limits of para- (b) EFFECTIVE DATE.—The amendments Health and Human Services, the Department
graph (1), and made by this section shall apply to distilled of Homeland Security, the Department of
‘‘(bb) 50 percent of such excess business in- spirits removed after December 31, 2019. Defense, the Department of Commerce, the
terest shall be subject to the limitations of (c) APPLICATION OF OTHER LAWS.—Any dis- Department of State, the Department of Vet-
paragraph (4)(B)(ii) in the same manner as tilled spirits or product described in para- erans Affairs, the Department of Justice, and
any other excess business interest so allo- graph (14) of section 5214(a) of the Internal any other Federal agencies as appropriate;
cated. Revenue Code of 1986 (as added by this sec- and
‘‘(iii) ELECTION OUT.—A taxpayer may tion) shall not be subject to any require- (2) consult with relevant stakeholders,
elect, at such time and in such manner as ments related to labeling or bulk sales which may include conducting public meet-
the Secretary may prescribe, not to have under— ings and other forms of engagement, as ap-
clause (i) apply to any taxable year. Such an (1) section 105 or 106 of the Federal Alcohol propriate, with health care providers, med-
election, once made, may be revoked only Administration Act (27 U.S.C. 205, 206); or ical professional societies, State-based soci-
with the consent of the Secretary. In the (2) section 204 of the Alcoholic Beverage eties, public health experts, State and local
case of a partnership, any such election shall Labeling Act of 1988 (27 U.S.C. 215). public health departments, State medical
be made by the partnership and may be made TITLE III—SUPPORTING AMERICA’S boards, patient groups, medical product
only for taxable years beginning in 2020. HEALTH CARE SYSTEM IN THE FIGHT manufacturers, health care distributors,
‘‘(B) ELECTION TO USE 2019 ADJUSTED TAX- AGAINST THE CORONAVIRUS wholesalers and group purchasing organiza-
tions, pharmacists, and other entities with
ABLE INCOME FOR TAXABLE YEARS BEGINNING Subtitle A—Health Provisions
IN 2020.—
experience in health care and public health,
SEC. 3001. SHORT TITLE. as appropriate.
‘‘(i) IN GENERAL.—Subject to clause (ii), in This subtitle may be cited as the (d) DEFINITIONS.—In this section, the terms
the case of any taxable year beginning in ‘‘Coronavirus Aid, Relief, and Economic Se- ‘‘device’’ and ‘‘drug’’ have the meanings
2020, the taxpayer may elect to apply this curity Act’’. given such terms in section 201 of the Fed-
subsection by substituting the adjusted tax-
PART I—ADDRESSING SUPPLY eral Food, Drug, and Cosmetic Act (21 U.S.C.
able income of the taxpayer for the last tax- 321).
able year beginning in 2019 for the adjusted SHORTAGES
SEC. 3102. REQUIRING THE STRATEGIC NA-
taxable income for such taxable year. In the Subpart A—Medical Product Supplies TIONAL STOCKPILE TO INCLUDE
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case of a partnership, any such election shall SEC. 3101. NATIONAL ACADEMIES REPORT ON CERTAIN TYPES OF MEDICAL SUP-
be made by the partnership. AMERICA’S MEDICAL PRODUCT SUP- PLIES.
‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE PLY CHAIN SECURITY. Section 319F–2(a)(1) of the Public Health
YEARS.—If an election is made under clause (a) IN GENERAL.—Not later than 60 days Service Act (42 U.S.C. 247d–6b(a)(1)) is
(i) for a taxable year which is a short taxable after the date of enactment of this Act, the amended by inserting ‘‘(including personal
year, the adjusted taxable income for the Secretary of Health and Human Services protective equipment, ancillary medical sup-
taxpayer’s last taxable year beginning in shall enter into an agreement with the Na- plies, and other applicable supplies required
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S2086 CONGRESSIONAL RECORD — SENATE March 25, 2020
for the administration of drugs, vaccines and cable, for each establishment in which such Subpart C—Preventing Medical Device
other biological products, medical devices, drug or active pharmaceutical ingredient of Shortages
and diagnostic tests in the stockpile)’’ after such drug is manufactured. A risk manage- SEC. 3121. DISCONTINUANCE OR INTERRUPTION
‘‘other supplies’’. ment plan under this section shall be subject IN THE PRODUCTION OF MEDICAL
SEC. 3103. TREATMENT OF RESPIRATORY PRO- to inspection and copying by the Secretary DEVICES.
TECTIVE DEVICES AS COVERED pursuant to an inspection or a request under Chapter V of the Federal Food, Drug, and
COUNTERMEASURES. Cosmetic Act (21 U.S.C. 351 et seq.) is amend-
section 704(a)(4).’’.
Section 319F–3(i)(1)(D) of the Public Health ed by inserting after section 506I the fol-
Service Act (42 U.S.C. 247d–6d(i)(1)(D)) is (c) ANNUAL NOTIFICATION.—Section 506E of lowing:
amended to read as follows: the Federal Food, Drug, and Cosmetic Act ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION
‘‘(D) a respiratory protective device that is (21 U.S.C. 356e) is amended by adding at the IN THE PRODUCTION OF MEDICAL
approved by the National Institute for Occu- end the following: DEVICES.
pational Safety and Health under part 84 of ‘‘(d) INTERAGENCY NOTIFICATION.—Not later ‘‘(a) IN GENERAL.—A manufacturer of a de-
title 42, Code of Federal Regulations (or any vice that—
than 180 days after the date of enactment of
successor regulations), and that the Sec- ‘‘(1) is critical to public health during a
this subsection, and every 90 days thereafter,
retary determines to be a priority for use public health emergency, including devices
the Secretary shall transmit a report regard-
during a public health emergency declared that are life-supporting, life-sustaining, or
ing the drugs of the current drug shortage
under section 319.’’. intended for use in emergency medical care
list under this section to the Administrator or during surgery; or
Subpart B—Mitigating Emergency Drug of the Centers for Medicare & Medicaid Serv-
Shortages ‘‘(2) for which the Secretary determines
ices.’’. that information on potential meaningful
SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLI- supply disruptions of such device is needed
(d) REPORTING AFTER INSPECTIONS.—Sec-
CATIONS; INCENTIVES.
tion 704(b) of the Federal Food, Drug, and during, or in advance of, a public health
Section 506C(g) of the Federal Food, Drug, emergency;
Cosmetic Act (21 U.S.C. 374(b)) is amended—
and Cosmetic Act (21 U.S.C. 356c(g)) is shall, during, or in advance of, a public
(1) by redesignating paragraphs (1) and (2)
amended— health emergency declared by the Secretary
and subparagraphs (A) and (B);
(1) in paragraph (1), by striking ‘‘the Sec- under section 319 of the Public Health Serv-
(2) by striking ‘‘(b) Upon completion’’ and
retary may’’ and inserting ‘‘the Secretary ice Act, notify the Secretary, in accordance
inserting ‘‘(b)(1) Upon completion’’; and
shall, as appropriate’’; with subsection (b), of a permanent dis-
(3) by adding at the end the following:
(2) in paragraph (1), by inserting continuance in the manufacture of the de-
‘‘prioritize and’’ before ‘‘expedite the re- ‘‘(2) In carrying out this subsection with vice (except for discontinuances as a result
view’’; and respect to any establishment manufacturing of an approved modification of the device) or
(3) in paragraph (2), by inserting a drug approved under subsection (c) or (j) of an interruption of the manufacture of the de-
‘‘prioritize and’’ before ‘‘expedite an inspec- section 505 for which a notification has been vice that is likely to lead to a meaningful
tion’’. submitted in accordance with section 506C is, disruption in the supply of that device in the
SEC. 3112.
ADDITIONAL MANUFACTURER RE- or has been in the last 5 years, listed on the United States, and the reasons for such dis-
PORTING REQUIREMENTS IN RE- drug shortage list under section 506E, or that continuance or interruption.
SPONSE TO DRUG SHORTAGES. is described in section 505(j)(11)(A), a copy of ‘‘(b) TIMING.—A notice required under sub-
(a) EXPANSION TO INCLUDE ACTIVE PHARMA- the report shall be sent promptly to the ap- section (a) shall be submitted to the Sec-
CEUTICAL INGREDIENTS.—Subsection (a) of propriate offices of the Food and Drug Ad- retary—
section 506C of the Federal Food, Drug, and ministration with expertise regarding drug ‘‘(1) at least 6 months prior to the date of
Cosmetic Act (21 U.S.C. 356c) is amended— shortages.’’. the discontinuance or interruption; or
(1) in paragraph (1)(C), by inserting ‘‘or any ‘‘(2) if compliance with paragraph (1) is not
such drug that is critical to the public (e) REPORTING REQUIREMENT.—Section
possible, as soon as practicable.
health during a public health emergency de- 510(j) of the Federal Food, Drug, Cosmetic ‘‘(c) DISTRIBUTION.—
clared by the Secretary under section 319 of Act (21 U.S.C. 360(j)) is amended— ‘‘(1) PUBLIC AVAILABILITY.—To the max-
the Public Health Service Act’’ after ‘‘during (1) by redesignating paragraphs (3) and (4) imum extent practicable, subject to para-
surgery’’; and as paragraphs (4) and (5), respectively; and graph (2), the Secretary shall distribute,
(2) in the flush text at the end— (2) by inserting after paragraph (2) the fol- through such means as the Secretary deter-
(A) by inserting ‘‘, or a permanent dis- lowing: mines appropriate, information on the dis-
continuance in the manufacture of an active ‘‘(3)(A) Each person who registers with the continuance or interruption of the manufac-
pharmaceutical ingredient or an interrup- Secretary under this section with regard to a ture of devices reported under subsection (a)
tion in the manufacture of the active phar- drug shall report annually to the Secretary to appropriate organizations, including phy-
maceutical ingredient of such drug that is on the amount of each drug listed under sician, health provider, patient organiza-
likely to lead to a meaningful disruption in paragraph (1) that was manufactured, pre- tions, and supply chain partners, as appro-
the supply of the active pharmaceutical in- pared, propagated, compounded, or processed priate and applicable, as described in sub-
gredient of such drug,’’ before ‘‘and the rea- by such person for commercial distribution. section (g).
sons’’; and Such information may be required to be sub- ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec-
(B) by adding at the end the following: mitted in an electronic format as determined retary may choose not to make information
‘‘Notification under this subsection shall in- by the Secretary. The Secretary may require collected under this section publicly avail-
clude disclosure of reasons for the dis- that information required to be reported able pursuant to this section if the Secretary
continuation or interruption, and if applica- under this paragraph be submitted at the determines that disclosure of such informa-
ble, an active pharmaceutical ingredient is a time a public health emergency is declared tion would adversely affect the public
reason for, or risk factor in, such discontinu- by the Secretary under section 319 of the health, such as by increasing the possibility
ation or interruption, the source of the ac- Public Health Service Act. of unnecessary over purchase of product,
tive pharmaceutical ingredient and any al- ‘‘(B) By order of the Secretary, certain bio- component parts, or other disruption of the
ternative sources for the active pharma- logical products or categories of biological availability of medical products to patients.
ceutical ingredient known by the manufac- products regulated under section 351 of the ‘‘(d) CONFIDENTIALITY.—Nothing in this
turer; whether any associated device used for Public Health Service Act may be exempt section shall be construed as authorizing the
preparation or administration included in from some or all of the reporting require- Secretary to disclose any information that is
the drug is a reason for, or a risk factor in, ments under subparagraph (A), if the Sec- a trade secret or confidential information
such discontinuation or interruption; the ex- retary determines that applying such report- subject to section 552(b)(4) of title 5, United
pected duration of the interruption; and such ing requirements to such biological products States Code, or section 1905 of title 18,
other information as the Secretary may re- or categories of biological products is not United States Code.
quire.’’. necessary to protect the public health.’’. ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a
(b) RISK MANAGEMENT.—Section 506C of the (f) CONFIDENTIALITY.—Nothing in the person fails to submit information required
Federal Food, Drug, and Cosmetic Act (21 amendments made by this section shall be under subsection (a) in accordance with sub-
U.S.C. 356c) is amended by adding at the end construed as authorizing the Secretary to section (b)—
the following: disclose any information that is a trade se- ‘‘(1) the Secretary shall issue a letter to
‘‘(j) RISK MANAGEMENT PLANS.—Each man- such person informing such person of such
cret or confidential information subject to
ufacturer of a drug described in subsection failure;
dlhill on DSKBBY8HB2PROD with SENATE
section 552(b)(4) of title 5, United States
(a) or of any active pharmaceutical ingre- ‘‘(2) not later than 30 calendar days after
Code, or section 1905 of title 18, United
dient or any associated medical device used the issuance of a letter under paragraph (1),
States Code.
for preparation or administration included in the person who receives such letter shall
the drug, shall develop, maintain, and imple- (g) EFFECTIVE DATE.—The amendments submit to the Secretary a written response
ment, as appropriate, a redundancy risk made by this section and section 3111 shall to such letter setting forth the basis for non-
management plan that identifies and evalu- take effect on the date that is 180 days after compliance and providing information re-
ates risks to the supply of the drug, as appli- the date of enactment of this Act. quired under subsection (a); and
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2087
‘‘(3) not later than 45 calendar days after ‘‘(i) DEFINITIONS.—In this section: vider in an amount that equals the cash
the issuance of a letter under paragraph (1), ‘‘(1) MEANINGFUL DISRUPTION.—The term price for such service as listed by the pro-
the Secretary shall make such letter and any ‘meaningful disruption’— vider on a public internet website, or such
response to such letter under paragraph (2) ‘‘(A) means a change in production that is plan or issuer may negotiate a rate with
available to the public on the internet reasonably likely to lead to a reduction in such provider for less than such cash price.
website of the Food and Drug Administra- the supply of a device by a manufacturer (b) REQUIREMENT TO PUBLICIZE CASH PRICE
tion, with appropriate redactions made to that is more than negligible and affects the FOR DIAGNOSTIC TESTING FOR COVID-19.—
protect information described in subsection ability of the manufacturer to fill orders or (1) IN GENERAL.—During the emergency pe-
(d), except that, if the Secretary determines meet expected demand for its product; riod declared under section 319 of the Public
that the letter under paragraph (1) was ‘‘(B) does not include interruptions in man- Health Service Act (42 U.S.C. 247d), each pro-
issued in error or, after review of such re- ufacturing due to matters such as routine vider of a diagnostic test for COVID-19 shall
sponse, the person had a reasonable basis for maintenance or insignificant changes in make public the cash price for such test on
not notifying as required under subsection manufacturing so long as the manufacturer a public internet website of such provider.
(a), the requirements of this paragraph shall expects to resume operations in a short pe- (2) CIVIL MONETARY PENALTIES.—The Sec-
not apply. riod of time, not to exceed 6 months; retary of Health and Human Services may
‘‘(f) EXPEDITED INSPECTIONS AND RE- ‘‘(C) does not include interruptions in man- impose a civil monetary penalty on any pro-
VIEWS.—If, based on notifications described ufacturing of components or raw materials vider of a diagnostic test for COVID-19 that
in subsection (a) or any other relevant infor- so long as such interruptions do not result in is not in compliance with paragraph (1) and
mation, the Secretary concludes that there a shortage of the device and the manufac- has not completed a corrective action plan
is, or is likely to be, a shortage of an device, turer expects to resume operations in a rea- to comply with the requirements of such
the Secretary shall, as appropriate— sonable period of time; and paragraph, in an amount not to exceed $300
‘‘(1) prioritize and expedite the review of a ‘‘(D) does not include interruptions in per day that the violation is ongoing.
submission under section 513(f)(2), 515, review manufacturing that do not lead to a reduc- SEC. 3203. RAPID COVERAGE OF PREVENTIVE
of a notification under section 510(k), or tion in procedures or diagnostic tests associ- SERVICES AND VACCINES FOR
520(m) for a device that could help mitigate ated with a medical device designed to per- CORONAVIRUS.
or prevent such shortage; or form more than one procedure or diagnostic (a) IN GENERAL.—Notwithstanding 2713(b)
‘‘(2) prioritize and expedite an inspection test. of the Public Health Service Act (42 U.S.C.
or reinspection of an establishment that ‘‘(2) SHORTAGE.—The term ‘shortage’, with 300gg–13), the Secretary of Health and
could help mitigate or prevent such short- respect to a device, means a period of time Human Services, the Secretary of Labor, and
age. when the demand or projected demand for the Secretary of the Treasury shall require
‘‘(g) DEVICE SHORTAGE LIST.— group health plans and health insurance
the device within the United States exceeds
‘‘(1) ESTABLISHMENT.—The Secretary shall issuers offering group or individual health
the supply of the device.’’.
establish and maintain an up-to-date list of insurance to cover (without cost-sharing)
devices that are determined by the Secretary PART II—ACCESS TO HEALTH CARE FOR any qualifying coronavirus preventive serv-
to be in shortage in the United States. COVID-19 PATIENTS ice, pursuant to section 2713(a) of the Public
‘‘(2) CONTENTS.—For each device included Subpart A—Coverage of Testing and Health Service Act (42 U.S.C. 300gg–13(a)) (in-
on the list under paragraph (1), the Sec- Preventive Services cluding the regulations under sections
retary shall include the following informa- SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING 2590.715-2713 of title 29, Code of Federal Regu-
tion: FOR COVID-19. lations, section 54.9815-2713 of title 26, Code
‘‘(A) The category or name of the device in Paragraph (1) of section 6001(a) of division of Federal Regulations, and section 147.130 of
shortage. F of the Families First Coronavirus Re- title 45, Code of Federal Regulations (or any
‘‘(B) The name of each manufacturer of sponse Act (Public Law 116–127) is amended successor regulations)). The requirement de-
such device. to read as follows: scribed in this subsection shall take effect
‘‘(C) The reason for the shortage, as deter- ‘‘(1) An in vitro diagnostic test defined in with respect to a qualifying coronavirus pre-
mined by the Secretary, selecting from the section 809.3 of title 21, Code of Federal Reg- ventive service on the specified date de-
following categories: ulations (or successor regulations) for the scribed in subsection (b)(2).
detection of SARS–CoV–2 or the diagnosis of (b) DEFINITIONS.—For purposes of this sec-
‘‘(i) Requirements related to complying
the virus that causes COVID–19, and the ad- tion:
with good manufacturing practices.
ministration of such a test, that— (1) QUALIFYING CORONAVIRUS PREVENTIVE
‘‘(ii) Regulatory delay.
‘‘(A) is approved, cleared, or authorized SERVICE.—The term ‘‘qualifying coronavirus
‘‘(iii) Shortage or discontinuance of a com-
under section 510(k), 513, 515, or 564 of the preventive service’’ means an item, service,
ponent or part.
Federal Food, Drug, and Cosmetic Act (21 or immunization that is intended to prevent
‘‘(iv) Discontinuance of the manufacture of
U.S.C. 360(k), 360c, 360e, 360bbb–3); or mitigate coronavirus disease 2019 and that
the device.
‘‘(B) the developer has requested, or in- is—
‘‘(v) Delay in shipping of the device.
tends to request, emergency use authoriza- (A) an evidence-based item or service that
‘‘(vi) Delay in sterilization of the device.
tion under section 564 of the Federal Food, has in effect a rating of ‘‘A’’ or ‘‘B’’ in the
‘‘(vii) Demand increase for the device.
Drug, and Cosmetic Act (21 U.S.C. 360bbb–3), current recommendations of the United
‘‘(viii) Facility closure.
unless and until the emergency use author- States Preventive Services Task Force; or
‘‘(D) The estimated duration of the short-
ization request under such section 564 has (B) an immunization that has in effect a
age as determined by the Secretary.
been denied or the developer of such test recommendation from the Advisory Com-
‘‘(3) PUBLIC AVAILABILITY.—
does not submit a request under such section mittee on Immunization Practices of the
‘‘(A) IN GENERAL.—Subject to subpara-
within a reasonable timeframe; Centers for Disease Control and Prevention
graphs (B) and (C), the Secretary shall make
‘‘(C) is developed in and authorized by a with respect to the individual involved.
the information in the list under paragraph
State that has notified the Secretary of (2) SPECIFIED DATE.—The term ‘‘specified
(1) publicly available.
Health and Human Services of its intention date’’ means the date that is 15 business days
‘‘(B) TRADE SECRETS AND CONFIDENTIAL IN-
to review tests intended to diagnose COVID- after the date on which a recommendation is
FORMATION.—Nothing in this subsection shall
19; or made relating to the qualifying coronavirus
be construed to alter or amend section 1905
‘‘(D) other test that the Secretary deter- preventive service as described in such para-
of title 18, United States Code, or section
mines appropriate in guidance.’’. graph.
552(b)(4) of title 5 of such Code.
SEC. 3202. PRICING OF DIAGNOSTIC TESTING. (3) ADDITIONAL TERMS.—In this section, the
‘‘(C) PUBLIC HEALTH EXCEPTION.—The Sec-
(a) REIMBURSEMENT RATES.—A group terms ‘‘group health plan’’, ‘‘health insur-
retary may elect not to make information
health plan or a health insurance issuer pro- ance issuer’’, ‘‘group health insurance cov-
collected under this subsection publicly
viding coverage of items and services de- erage’’, and ‘‘individual health insurance
available if the Secretary determines that
scribed in section 6001(a) of division F of the coverage’’ have the meanings given such
disclosure of such information would ad-
Families First Coronavirus Response Act terms in section 2791 of the Public Health
versely affect the public health (such as by
(Public Law 116–127) with respect to an en- Service Act (42 U.S.C. 300gg–91), section 733
increasing the possibility of hoarding or
rollee shall reimburse the provider of the di- of the Employee Retirement Income Secu-
other disruption of the availability of the de-
agnostic testing as follows: rity Act of 1974 (29 U.S.C. 1191b), and section
vice to patients).
‘‘(h) RULE OF CONSTRUCTION.—Nothing in (1) If the health plan or issuer has a nego- 9832 of the Internal Revenue Code, as appli-
this section shall be construed to affect the tiated rate with such provider in effect be- cable.
authority of the Secretary on the date of en- fore the public health emergency declared Subpart B—Support for Health Care
dlhill on DSKBBY8HB2PROD with SENATE
actment of this section to expedite the re- under section 319 of the Public Health Serv- Providers
view of devices under section 515 of the Fed- ice Act (42 U.S.C. 247d), such negotiated rate SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH
eral Food, Drug, and Cosmetic Act, section shall apply throughout the period of such CENTERS.
515B of such Act relating to the priority re- declaration. (a) SUPPLEMENTAL AWARDS.—Section 330(r)
view program for devices, and section 564 of (2) If the health plan or issuer does not of the Public Health Service Act (42 U.S.C.
such Act relating to the emergency use au- have a negotiated rate with such provider, 254b(r)) is amended by adding at the end the
thorization authorities. such plan or issuer shall reimburse the pro- following:
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S2088 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLE- (iii) by striking subparagraph (F); and (II) in clauses (i) and (ii), by striking
MENTAL AWARDS.—In addition to any (B) in paragraph (2)(A), by striking ‘‘medi- ‘‘that’’ each place such term appears; and
amounts made available pursuant to this cally underserved areas or’’ and inserting (C) in paragraph (3)(C), by striking ‘‘the
subsection, section 402A of this Act, or sec- ‘‘rural areas, medically underserved areas, local community or region’’ and inserting
tion 10503 of the Patient Protection and Af- or’’; ‘‘the rural underserved populations in the
fordable Care Act, there is authorized to be (8) in paragraph (2) of subsection (i), as so local community or region’’;
appropriated, and there is appropriated, out redesignated, by striking ‘‘ensure that—’’ (3) in subsection (f)—
of any monies in the Treasury not otherwise and all that follows through the end of sub- (A) in paragraph (1)—
appropriated, $1,320,000,000 for fiscal year 2020 paragraph (B) and inserting ‘‘ensure that not (i) in subparagraph (A)—
for supplemental awards under subsection (d) less than 50 percent of the funds awarded (I) in the matter preceding clause (i), by
for the detection of SARS-CoV-2 or the pre- shall be awarded for projects in rural striking ‘‘promote, through planning and im-
vention, diagnosis, and treatment of COVID- areas.’’; plementation, the development of integrated
19.’’. (9) in subsection (j), as so redesignated— health care networks that have combined
(b) APPLICATION OF PROVISIONS.—Amounts (A) in paragraph (1)(B), by striking ‘‘com- the functions of the entities participating in
appropriated pursuant to the amendment puter hardware and software, audio and the networks’’ and inserting ‘‘plan, develop,
made by subsection (a) for fiscal year 2020 video equipment, computer network equip- and implement integrated health care net-
shall be subject to the requirements con- ment, interactive equipment, data terminal works that collaborate’’; and
tained in Public Law 116–94 for funds for pro- equipment, and other’’; and (II) in clause (ii), by striking ‘‘essential
grams authorized under sections 330 through (B) in paragraph (2)(F), by striking ‘‘health health care services’’ and inserting ‘‘basic
340 of the Public Health Service Act (42 care providers and’’; health care services and associated health
U.S.C. 254 through 256). (10) in subsection (k), as so redesignated— outcomes’’; and
SEC. 3212. TELEHEALTH NETWORK AND TELE- (ii) by amending subparagraph (B) to read
(A) in paragraph (2), by striking ‘‘40 per-
HEALTH RESOURCE CENTERS as follows:
GRANT PROGRAMS. cent’’ and inserting ‘‘20 percent’’; and
(B) in paragraph (3), by striking ‘‘(such as ‘‘(B) GRANT PERIODS.—The Director may
Section 330I of the Public Health Service award grants under this subsection for peri-
Act (42 U.S.C. 254c–14) is amended— laying cable or telephone lines, or pur-
chasing or installing microwave towers, sat- ods of not more than 5 years.’’;
(1) in subsection (d)— (B) in paragraph (2)—
(A) in paragraph (1)— ellite dishes, amplifiers, or digital switching
equipment)’’; (i) in the matter preceding subparagraph
(i) in the matter preceding subparagraph (A), by inserting ‘‘shall’’ after ‘‘entity’’;
(A), by striking ‘‘projects to demonstrate (11) by striking subsections (q) and (r) and
inserting the following: (ii) in subparagraph (A), by striking ‘‘shall
how telehealth technologies can be used be a rural public or rural nonprofit private
through telehealth networks’’ and inserting ‘‘(p) REPORT.—Not later than 4 years after entity’’ and inserting ‘‘be an entity with
‘‘evidence-based projects that utilize tele- the date of enactment of the Coronavirus demonstrated experience serving, or the ca-
health technologies through telehealth net- Aid, Relief, and Economic Security Act, and pacity to serve, rural underserved popu-
works’’; every 5 years thereafter, the Secretary shall lations’’;
(ii) in subparagraph (A)— prepare and submit to the Committee on (iii) in subparagraph (B)—
(I) by striking ‘‘the quality of’’ and insert- Health, Education, Labor, and Pensions of (I) in the matter preceding clause (i)—
ing ‘‘access to, and the quality of,’’; and the Senate and the Committee on Energy (aa) by striking ‘‘shall’’; and
(II) by inserting ‘‘and’’ after the semicolon; and Commerce of the House of Representa- (bb) by inserting ‘‘that’’ after ‘‘partici-
(iii) by striking subparagraph (B); tives a report on the activities and outcomes pants’’; and
(iv) by redesignating subparagraph (C) as of the grant programs under subsection (b).’’; (II) in clauses (i) and (ii), by striking
subparagraph (B); and (12) by redesignating subsection (s) as sub- ‘‘that’’ each place such term appears; and
(v) in subparagraph (B), as so redesignated, section (q); and (iv) in subparagraph (C), by striking
by striking ‘‘and patients and their families, (13) in subsection (q), as so redesignated, ‘‘shall’’; and
for decisionmaking’’ and inserting ‘‘, pa- by striking ‘‘this section—’’ and all that fol- (C) in paragraph (3)—
tients, and their families’’; and lows through the end of paragraph (2) and in- (i) by amending clause (iii) of subpara-
(B) in paragraph (2)— serting ‘‘this section $29,000,000 for each of graph (C) to read as follows:
(i) by striking ‘‘demonstrate how tele- fiscal years 2021 through 2025.’’. ‘‘(iii) how the rural underserved popu-
health technologies can be used’’ and insert- SEC. 3213. RURAL HEALTH CARE SERVICES OUT- lations in the local community or region to
ing ‘‘support initiatives that utilize tele- REACH, RURAL HEALTH NETWORK be served will benefit from and be involved
health technologies’’; and DEVELOPMENT, AND SMALL HEALTH in the development and ongoing operations
(ii) by striking ‘‘, to establish telehealth CARE PROVIDER QUALITY IMPROVE-
of the network;’’; and
resource centers’’; MENT GRANT PROGRAMS.
(ii) in subparagraph (D), by striking ‘‘the
(2) in subsection (e), by striking ‘‘4 years’’ Section 330A of the Public Health Service local community or region’’ and inserting
and inserting ‘‘5 years’’; Act (42 U.S.C. 254c) is amended— ‘‘the rural underserved populations in the
(3) in subsection (f)— (1) in subsection (d)(2)— local community or region’’;
(A) by striking paragraph (2); (A) in subparagraph (A), by striking ‘‘es- (4) in subsection (g)—
(B) in paragraph (1)(B)— sential’’ and inserting ‘‘basic’’; and (A) in paragraph (1)—
(i) by redesignating clauses (i) through (iii) (B) in subparagraph (B)— (i) by inserting ‘‘, including activities re-
as paragraphs (1) through (3), respectively, (i) in the matter preceding clause (i), by in- lated to increasing care coordination, en-
and adjusting the margins accordingly; serting ‘‘to’’ after ‘‘grants’’; and hancing chronic disease management, and
(ii) in paragraph (3), as so redesignated by (ii) in clauses (i), (ii), and (iii), by striking improving patient health outcomes’’ before
clause (i), by redesignating subclauses (I) ‘‘to’’ each place such term appears; the period of the first sentence; and
through (XII) as subparagraphs (A) through (2) in subsection (e)— (ii) by striking ‘‘3 years’’ and inserting ‘‘5
(L), respectively, and adjusting the margins (A) in paragraph (1)— years’’;
accordingly; and (i) by inserting ‘‘improving and’’ after (B) in paragraph (2)—
(iii) by striking ‘‘(1) TELEHEALTH NETWORK ‘‘outreach by’’; (i) in the matter preceding subparagraph
GRANTS—’’ and all that follows through ‘‘(B) (ii) by inserting ‘‘, through community en- (A), by inserting ‘‘shall’’ after ‘‘entity’’;
TELEHEALTH NETWORKS—’’; and gagement and evidence-based or innovative, (ii) in subparagraphs (A) and (B), by strik-
(C) in paragraph (3)(I), as so redesignated, evidence-informed models’’ before the period ing ‘‘shall’’ each place such term appears;
by inserting ‘‘and substance use disorder’’ of the first sentence; and and
after ‘‘mental health’’ each place such term (iii) by striking ‘‘3 years’’ and inserting ‘‘5 (iii) in subparagraph (A)(ii), by inserting
appears; years’’; ‘‘or regional’’ after ‘‘local’’; and
(4) in subsection (g)(2), by striking ‘‘or im- (B) in paragraph (2)— (C) in paragraph (3)(D), by striking ‘‘the
prove’’ and inserting ‘‘and improve’’; (i) in the matter preceding subparagraph local community or region’’ and inserting
(5) by striking subsection (h); (A), by inserting ‘‘shall’’ after ‘‘entity’’; ‘‘the rural underserved populations in the
(6) by redesignating subsections (i) through (ii) in subparagraph (A), by striking ‘‘shall local community or region’’;
(p) as subsection (h) through (o), respec- be a rural public or rural nonprofit private (5) in subsection (h)(3), in the matter pre-
tively; entity’’ and inserting ‘‘be an entity with ceding subparagraph (A), by inserting ‘‘, as
(7) in subsection (h), as so redesignated— demonstrated experience serving, or the ca- appropriate,’’ after ‘‘the Secretary’’;
(A) in paragraph (1)— pacity to serve, rural underserved popu- (6) by amending subsection (i) to read as
dlhill on DSKBBY8HB2PROD with SENATE
(i) in subparagraph (B), by striking ‘‘men- lations’’; follows:
tal health, public health, long-term care, (iii) in subparagraphs (B) and (C), by strik- ‘‘(i) REPORT.—Not later than 4 years after
home care, preventive’’ and inserting ‘‘men- ing ‘‘shall’’ each place such term appears; the date of enactment of the Coronavirus
tal health care, public health services, long- and Aid, Relief, and Economic Security Act, and
term care, home care, preventive care’’; (iv) in subparagraph (B)— every 5 years thereafter, the Secretary shall
(ii) in subparagraph (E), by inserting ‘‘and (I) in the matter preceding clause (i), by in- prepare and submit to the Committee on
regional’’ after ‘‘local’’; and serting ‘‘that’’ after ‘‘members’’; and Health, Education, Labor, and Pensions of
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2089
the Senate and the Committee on Energy (B) by striking ‘‘(b) The authority vested’’ to those provided by the Volunteer Protec-
and Commerce of the House of Representa- and inserting the following: tion Act of 1997 (Public Law 105–19).
tives a report on the activities and outcomes ‘‘(b)(1) The authority vested’’; (d) DEFINITIONS.—In this section—
of the grant programs under subsections (e), (C) by striking ‘‘For purposes of’’ and in- (1) the term ‘‘harm’’ includes physical,
(f), and (g), including the impact of projects serting the following: nonphysical, economic, and noneconomic
funded under such programs on the health ‘‘(2) For purposes of’’; and losses;
status of rural residents with chronic condi- (D) by adding at the end the following: (2) the term ‘‘health care professional’’
tions.’’; and ‘‘(3) For purposes of paragraph (19) of sub- means an individual who is licensed, reg-
(7) in subsection (j), by striking ‘‘$45,000,000 section (a), the terms ‘Military department’, istered, or certified under Federal or State
for each of fiscal years 2008 through 2012’’ ‘Secretary concerned’, and ‘Armed forces’ in law to provide health care services;
and inserting ‘‘$79,500,000 for each of fiscal such title 10 shall be deemed to include, re- (3) the term ‘‘health care services’’ means
years 2021 through 2025’’. spectively, the Department of Health and any services provided by a health care pro-
SEC. 3214. UNITED STATES PUBLIC HEALTH
Human Services, the Secretary of Health and fessional, or by any individual working
SERVICE MODERNIZATION. Human Services, and the Commissioned under the supervision of a health care profes-
(a) COMMISSIONED CORPS AND READY RE- Corps.’’. sional that relate to—
(e) TECHNICAL AMENDMENTS.—Title II of (A) the diagnosis, prevention, or treatment
SERVE CORPS.—Section 203 of the Public
the Public Health Service Act (42 U.S.C. 202 of COVID-19; or
Health Service Act (42 U.S.C. 204) is amend-
et seq.) is amended— (B) the assessment or care of the health of
ed—
(1) in sections 204 and 207(c), by striking a human being related to an actual or sus-
(1) in subsection (a)(1), by striking ‘‘a
‘‘Regular or Reserve Corps’’ each place it ap- pected case of COVID-19; and
Ready Reserve Corps for service in time of
pears and inserting ‘‘Regular Corps or Ready (4) the term ‘‘volunteer’’ means a health
national emergency’’ and inserting ‘‘, for
Reserve Corps’’; care professional who, with respect to the
service in time of a public health or national
(2) in section 208(a), by striking ‘‘Regular health care services rendered, does not re-
emergency, a Ready Reserve Corps’’; and
and Reserve Corps’’ each place it appears and ceive compensation or any other thing of
(2) in subsection (c)—
inserting ‘‘Regular Corps and Ready Reserve value in lieu of compensation, which com-
(A) in the heading, by striking ‘‘RE- pensation—
Corps’’; and
SEARCH’’ and inserting ‘‘RESERVE CORPS’’;
(3) in section 205(c), 206(c), 210, and 219, and (A) includes a payment under any insur-
(B) in paragraph (1), by inserting ‘‘during ance policy or health plan, or under any Fed-
in subsections (a), (b), and (d) of section 207,
public health or national emergencies’’ be- eral or State health benefits program; and
by striking ‘‘Reserve Corps’’ each place it ap-
fore the period; (B) excludes—
pears and inserting ‘‘Ready Reserve Corps’’.
(C) in paragraph (2)— (i) receipt of items to be used exclusively
SEC. 3215. LIMITATION ON LIABILITY FOR VOL-
(i) in the matter preceding subparagraph UNTEER HEALTH CARE PROFES- for rendering health care services in the
(A), by inserting ‘‘, consistent with para- SIONALS DURING COVID-19 EMER- health care professional’s capacity as a vol-
graph (1)’’ after ‘‘shall’’; GENCY RESPONSE. unteer described in subsection (a)(1); and
(ii) in subparagraph (C), by inserting ‘‘dur- (a) LIMITATION ON LIABILITY.—Except as (ii) any reimbursement for travel to the
ing such emergencies’’ after ‘‘members’’; and provided in subsection (b), a health care pro- site where the volunteer services are ren-
(iii) in subparagraph (D), by inserting ‘‘, fessional shall not be liable under Federal or dered and any payments in cash or kind to
consistent with subparagraph (C)’’ before the State law for any harm caused by an act or cover room and board, if services are being
period; and omission of the professional in the provision rendered more than 75 miles from the volun-
(D) by adding at the end the following: of health care services during the public teer’s principal place of residence.
‘‘(3) STATUTORY REFERENCES TO RESERVE.— health emergency with respect to COVID-19 (e) EFFECTIVE DATE.—This section shall
A reference in any Federal statute, except in declared by the Secretary of Health and take effect upon the date of enactment of
the case of subsection (b), to the ‘Reserve Human Services (referred to in this section this Act, and applies to a claim for harm
Corps’ of the Public Health Service or to the as the ‘‘Secretary’’) under section 319 of the only if the act or omission that caused such
‘reserve’ of the Public Health Service shall Public Health Service Act (42 U.S.C. 247d) on harm occurred on or after the date of enact-
be deemed to be a reference to the Ready Re- January 31, 2020, if— ment.
serve Corps.’’. (1) the professional is providing health care (f) SUNSET.—This section shall be in effect
(b) DEPLOYMENT READINESS.—Section services in response to such public health only for the length of the public health
203A(a)(1)(B) of the Public Health Service emergency, as a volunteer; and emergency declared by the Secretary of
Act (42 U.S.C. 204a(a)(1)(B)) is amended by (2) the act or omission occurs— Health and Human Services (referred to in
striking ‘‘Active Reserves’’ and inserting (A) in the course of providing health care this section as the ‘‘Secretary’’) under sec-
‘‘Ready Reserve Corps’’. services; tion 319 of the Public Health Service Act (42
(c) RETIREMENT OF COMMISSIONED OFFI- (B) in the health care professional’s capac- U.S.C. 247d) on January 31, 2020 with respect
CERS.—Section 211 of the Public Health Serv- ity as a volunteer; to COVID-19.
ice Act (42 U.S.C. 212) is amended— (C) in the course of providing health care SEC. 3216. FLEXIBILITY FOR MEMBERS OF NA-
(1) by striking ‘‘the Service’’ each place it TIONAL HEALTH SERVICE CORPS
services that—
appears and inserting ‘‘the Regular Corps’’; DURING EMERGENCY PERIOD.
(i) are within the scope of the license, reg-
(2) in subsection (a)(4), by striking ‘‘(in the During the public health emergency de-
istration, or certification of the volunteer,
case of an officer in the Reserve Corps)’’; clared by the Secretary of Health and
as defined by the State of licensure, registra-
(3) in subsection (c)— Human Services under section 319 of the
tion, or certification; and Public Health Service Act (42 U.S.C. 247d) on
(A) in paragraph (1)— (ii) do not exceed the scope of license, reg-
(i) by striking ‘‘or an officer of the Reserve January 31, 2020, with respect to COVID-19,
istration, or certification of a substantially the Secretary may, notwithstanding section
Corps’’; and similar health professional in the State in 333 of the Public Health Service Act (42
(ii) by inserting ‘‘or under section which such act or omission occurs; and U.S.C. 254f), assign members of the National
221(a)(19)’’ after ‘‘subsection (a)’’; and (D) in a good faith belief that the indi- Health Service Corps, with the voluntary
(B) in paragraph (2), by striking ‘‘Regular vidual being treated is in need of health care agreement of such corps members, to provide
or Reserve Corps’’ and inserting ‘‘Regular services. such health services at such places, and for
Corps or Ready Reserve Corps’’; and (b) EXCEPTIONS.—Subsection (a) does not such number of hours, as the Secretary de-
(4) in subsection (f), by striking ‘‘the Reg- apply if— termines necessary to respond to such emer-
ular or Reserve Corps of’’. (1) the harm was caused by an act or omis- gency, provided that such places are within a
(d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS sion constituting willful or criminal mis- reasonable distance of the site to which such
AND SURVIVING BENEFICIARIES.—Section 221 conduct, gross negligence, reckless mis- members were originally assigned, and the
of the Public Health Service Act (42 U.S.C. conduct, or a conscious flagrant indifference total number of hours required are the same
213a) is amended— to the rights or safety of the individual as were required of such members prior to
(1) in subsection (a), by adding at the end harmed by the health care professional; or the date of enactment of this Act.
the following: (2) the health care professional rendered Subpart C—Miscellaneous Provisions
‘‘(19) Chapter 1223, Retired Pay for Non- the health care services under the influence SEC. 3221. CONFIDENTIALITY AND DISCLOSURE
Regular Service. (as determined pursuant to applicable State OF RECORDS RELATING TO SUB-
‘‘(20) Section 12601, Compensation: Reserve law) of alcohol or an intoxicating drug. STANCE USE DISORDER.
on active duty accepting from any person. (c) PREEMPTION.— (a) CONFORMING CHANGES RELATING TO SUB-
‘‘(21) Section 12684, Reserves: separation (1) IN GENERAL.—This section preempts the STANCE USE DISORDER.—Subsections (a) and
dlhill on DSKBBY8HB2PROD with SENATE
for absence without authority or sentence to laws of a State or any political subdivision (h) of section 543 of the Public Health Serv-
imprisonment.’’; and of a State to the extent that such laws are ice Act (42 U.S.C. 290dd–2) are each amended
(2) in subsection (b)— inconsistent with this section, unless such by striking ‘‘substance abuse’’ and inserting
(A) by striking ‘‘Secretary of Health, Edu- laws provide greater protection from liabil- ‘‘substance use disorder’’.
cation, and Welfare or his designee’’ and in- ity. (b) DISCLOSURES TO COVERED ENTITIES CON-
serting ‘‘Secretary of Health and Human (2) VOLUNTEER PROTECTION ACT.—Protec- SISTENT WITH HIPAA.—Paragraph (1) of sec-
Services or the designee of such secretary’’; tions afforded by this section are in addition tion 543(b) of the Public Health Service Act
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S2090 CONGRESSIONAL RECORD — SENATE March 25, 2020
(42 U.S.C. 290dd–2(b)) is amended to read as wise authorized by a court order under sub- ‘‘(j) NOTIFICATION IN CASE OF BREACH.—The
follows: section (b)(2)(C) or by the consent of the pa- provisions of section 13402 of the HITECH
‘‘(1) CONSENT.—The following shall apply tient, a record referred to in subsection (a), Act (42 U.S.C. 17932) shall apply to a program
with respect to the contents of any record or testimony relaying the information con- or activity described in subsection (a), in
referred to in subsection (a): tained therein, may not be disclosed or used case of a breach of records described in sub-
‘‘(A) Such contents may be used or dis- in any civil, criminal, administrative, or leg- section (a), to the same extent and in the
closed in accordance with the prior written islative proceedings conducted by any Fed- same manner as such provisions apply to a
consent of the patient with respect to whom eral, State, or local authority, against a pa- covered entity in the case of a breach of un-
such record is maintained. tient, including with respect to the following secured protected health information.’’.
‘‘(B) Once prior written consent of the pa- activities: (i) REGULATIONS.—
tient has been obtained, such contents may ‘‘(1) Such record or testimony shall not be (1) IN GENERAL.—The Secretary of Health
be used or disclosed by a covered entity, entered into evidence in any criminal pros- and Human Services, in consultation with
business associate, or a program subject to ecution or civil action before a Federal or appropriate Federal agencies, shall make
this section for purposes of treatment, pay- State court. such revisions to regulations as may be nec-
ment, and health care operations as per- ‘‘(2) Such record or testimony shall not essary for implementing and enforcing the
mitted by the HIPAA regulations. Any infor- form part of the record for decision or other- amendments made by this section, such that
mation so disclosed may then be redisclosed wise be taken into account in any proceeding such amendments shall apply with respect to
in accordance with the HIPAA regulations. before a Federal, State, or local agency. uses and disclosures of information occur-
Section 13405(c) of the Health Information ‘‘(3) Such record or testimony shall not be ring on or after the date that is 12 months
Technology and Clinical Health Act (42 used by any Federal, State, or local agency after the date of enactment of this Act.
U.S.C. 17935(c)) shall apply to all disclosures for a law enforcement purpose or to conduct (2) EASILY UNDERSTANDABLE NOTICE OF PRI-
any law enforcement investigation. VACY PRACTICES.—Not later than 1 year after
pursuant to subsection (b)(1) of this section.
‘‘(4) Such record or testimony shall not be the date of enactment of this Act, the Sec-
‘‘(C) It shall be permissible for a patient’s
used in any application for a warrant.’’. retary of Health and Human Services, in con-
prior written consent to be given once for all
(f) PENALTIES.—Subsection (f) of section sultation with appropriate legal, clinical,
such future uses or disclosures for purposes
543 of the Public Health Service Act (42 privacy, and civil rights experts, shall up-
of treatment, payment, and health care oper-
U.S.C. 290dd–2) is amended to read as follows: date section 164.520 of title 45, Code of Fed-
ations, until such time as the patient re- ‘‘(f) PENALTIES.—The provisions of sections eral Regulations, so that covered entities
vokes such consent in writing. 1176 and 1177 of the Social Security Act shall and entities creating or maintaining the
‘‘(D) Section 13405(a) of the Health Infor- apply to a violation of this section to the ex- records described in subsection (a) provide
mation Technology and Clinical Health Act tent and in the same manner as such provi- notice, written in plain language, of privacy
(42 U.S.C. 17935(a)) shall apply to all disclo- sions apply to a violation of part C of title practices regarding patient records referred
sures pursuant to subsection (b)(1) of this XI of such Act. In applying the previous sen- to in section 543(a) of the Public Health
section.’’. tence—
(c) DISCLOSURES OF DE-IDENTIFIED HEALTH Service Act (42 U.S.C. 290dd–2(a)), including—
‘‘(1) the reference to ‘this subsection’ in (A) a statement of the patient’s rights, in-
INFORMATION TO PUBLIC HEALTH AUTHORI- subsection (a)(2) of such section 1176 shall be
TIES.—Paragraph (2) of section 543(b) of the cluding self-pay patients, with respect to
treated as a reference to ‘this subsection (in- protected health information and a brief de-
Public Health Service Act (42 U.S.C. 290dd– cluding as applied pursuant to section 543(f)
2(b)), is amended by adding at the end the scription of how the individual may exercise
of the Public Health Service Act)’; and these rights (as required by subsection
following: ‘‘(2) in subsection (b) of such section 1176—
‘‘(D) To a public health authority, so long (b)(1)(iv) of such section 164.520); and
‘‘(A) each reference to ‘a penalty imposed (B) a description of each purpose for which
as such content meets the standards estab- under subsection (a)’ shall be treated as a
lished in section 164.514(b) of title 45, Code of the covered entity is permitted or required
reference to ‘a penalty imposed under sub-
Federal Regulations (or successor regula- to use or disclose protected health informa-
section (a) (including as applied pursuant to
tions) for creating de-identified informa- tion without the patient’s written authoriza-
section 543(f) of the Public Health Service
tion.’’. tion (as required by subsection (b)(2) of such
Act)’; and
(d) DEFINITIONS.—Section 543 of the Public section 164.520).
‘‘(B) each reference to ‘no damages ob- (j) RULES OF CONSTRUCTION.—Nothing in
Health Service Act (42 U.S.C. 290dd–2) is tained under subsection (d)’ shall be treated
amended by adding at the end the following: this Act or the amendments made by this
as a reference to ‘no damages obtained under Act shall be construed to limit—
‘‘(k) DEFINITIONS.—For purposes of this
subsection (d) (including as applied pursuant (1) a patient’s right, as described in section
section:
to section 543(f) of the Public Health Service 164.522 of title 45, Code of Federal Regula-
‘‘(1) BREACH.—The term ‘breach’ has the
Act)’.’’. tions, or any successor regulation, to request
meaning given such term for purposes of the (g) ANTIDISCRIMINATION.—Section 543 of the
HIPAA regulations. a restriction on the use or disclosure of a
Public Health Service Act (42 U.S.C. 290dd–2)
‘‘(2) BUSINESS ASSOCIATE.—The term ‘busi- record referred to in section 543(a) of the
is amended by inserting after subsection (h)
ness associate’ has the meaning given such the following: Public Health Service Act (42 U.S.C. 290dd–
term for purposes of the HIPAA regulations. ‘‘(i) ANTIDISCRIMINATION.— 2(a)) for purposes of treatment, payment, or
‘‘(3) COVERED ENTITY.—The term ‘covered ‘‘(1) IN GENERAL.—No entity shall discrimi- health care operations; or
entity’ has the meaning given such term for nate against an individual on the basis of in- (2) a covered entity’s choice, as described
purposes of the HIPAA regulations. formation received by such entity pursuant in section 164.506 of title 45, Code of Federal
‘‘(4) HEALTH CARE OPERATIONS.—The term to an inadvertent or intentional disclosure of Regulations, or any successor regulation, to
‘health care operations’ has the meaning records, or information contained in records, obtain the consent of the individual to use or
given such term for purposes of the HIPAA described in subsection (a) in— disclose a record referred to in such section
regulations. ‘‘(A) admission, access to, or treatment for 543(a) to carry out treatment, payment, or
‘‘(5) HIPAA REGULATIONS.—The term health care; health care operation.
‘HIPAA regulations’ has the meaning given ‘‘(B) hiring, firing, or terms of employ- (k) SENSE OF CONGRESS.—It is the sense of
such term for purposes of parts 160 and 164 of ment, or receipt of worker’s compensation; the Congress that—
title 45, Code of Federal Regulations. ‘‘(C) the sale, rental, or continued rental of (1) any person treating a patient through a
‘‘(6) PAYMENT.—The term ‘payment’ has housing; program or activity with respect to which
the meaning given such term for purposes of ‘‘(D) access to Federal, State, or local the confidentiality requirements of section
the HIPAA regulations. courts; or 543 of the Public Health Service Act (42
‘‘(7) PUBLIC HEALTH AUTHORITY.—The term ‘‘(E) access to, approval of, or maintenance U.S.C. 290dd–2) apply is encouraged to access
‘public health authority’ has the meaning of social services and benefits provided or the applicable State-based prescription drug
given such term for purposes of the HIPAA funded by Federal, State, or local govern- monitoring program when clinically appro-
regulations. ments. priate;
‘‘(8) TREATMENT.—The term ‘treatment’ ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- (2) patients have the right to request a re-
has the meaning given such term for pur- cipient of Federal funds shall discriminate striction on the use or disclosure of a record
poses of the HIPAA regulations. against an individual on the basis of infor- referred to in section 543(a) of the Public
‘‘(9) UNSECURED PROTECTED HEALTH INFOR- mation received by such recipient pursuant Health Service Act (42 U.S.C. 290dd–2(a)) for
MATION.—The term ‘unprotected health in- to an intentional or inadvertent disclosure of treatment, payment, or health care oper-
formation’ has the meaning given such term such records or information contained in ations;
for purposes of the HIPAA regulations.’’. records described in subsection (a) in afford- (3) covered entities should make every rea-
dlhill on DSKBBY8HB2PROD with SENATE
(e) USE OF RECORDS IN CRIMINAL, CIVIL, OR ing access to the services provided with such sonable effort to the extent feasible to com-
ADMINISTRATIVE INVESTIGATIONS, ACTIONS, OR funds.’’. ply with a patient’s request for a restriction
PROCEEDINGS.—Subsection (c) of section 543 (h) NOTIFICATION IN CASE OF BREACH.—Sec- regarding such use or disclosure;
of the Public Health Service Act (42 U.S.C. tion 543 of the Public Health Service Act (42 (4) for purposes of applying section 164.501
290dd–2(c)) is amended to read as follows: U.S.C. 290dd–2), as amended by subsection of title 45, Code of Federal Regulations, the
‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR (g), is further amended by inserting after definition of health care operations shall
ADMINISTRATIVE CONTEXTS.—Except as other- subsection (i) the following: have the meaning given such term in such
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2091
section, except that clause (v) of paragraph project, described in section 502(c)(3) of the (V) by adding at the end the following:
(6) shall not apply; and Older Americans Act of 1965 (42 U.S.C. ‘‘(iv) the use and collection of data dem-
(5) programs creating records referred to in 3056(c)(3)) to an amount not to exceed 20 per- onstrating the effectiveness of such program
section 543(a) of the Public Health Service cent of the grant amount if the Secretary de- in decreasing infant mortality rates and im-
Act (42 U.S.C. 290dd–2(a)) should receive posi- termines that such increase is necessary to proving perinatal outcomes, as applicable, or
tive incentives for discussing with their pa- adequately respond to the additional admin- the process by which new applicants plan to
tients the benefits to consenting to share istrative needs to respond to the COVID–19 collect this data.’’;
such records. public health emergency declared under sec- (3) in subsection (c)—
SEC. 3222. NUTRITION SERVICES. tion 319 of the Public Health Service Act (42 (A) by striking ‘‘Recipients of grants’’ and
(a) DEFINITIONS.—In this section, the terms U.S.C. 247d). inserting the following:
‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State SEC. 3224. GUIDANCE ON PROTECTED HEALTH ‘‘(1) IN GENERAL.—Recipients of grants’’;
agency’’, and ‘‘area agency on aging’’ have INFORMATION. and
the meanings given the terms in section 102 Not later than 180 days after the date of (B) by adding at the end the following:
of the Older Americans Act of 1965 (42 U.S.C. enactment of this Act, the Secretary of ‘‘(2) OTHER PROGRAMS.—The Secretary
3002). Health and Human Services shall issue guid- shall ensure coordination of the program
(b) NUTRITION SERVICES TRANSFER CRI- ance on the sharing of patients’ protected carried out pursuant to this section with
TERIA.—During any portion of the COVID–19 health information pursuant to section other programs and activities related to the
public health emergency declared under sec- 160.103 of title 45, Code of Federal Regula- reduction of the rate of infant mortality and
tion 319 of the Public Health Service Act (42 tions (or any successor regulations) during improved perinatal and infant health out-
U.S.C. 247d), the Secretary shall allow a the public health emergency declared by the comes supported by the Department.’’;
State agency or an area agency on aging, Secretary of Health and Human Services (4) in subsection (e)—
without prior approval, to transfer not more under section 319 of the Public Health Serv- (A) in paragraph (1), by striking ‘‘appro-
than 100 percent of the funds received by the ice Act (42 U.S.C. 247d) with respect to priated—’’ and all that follows through the
State agency or area agency on aging, re- COVID-19, during the emergency involving end and inserting ‘‘appropriated $125,500,000
spectively, and attributable to funds appro- Federal primary responsibility determined for each of fiscal years 2021 through 2025.’’;
priated under paragraph (1) or (2) of section to exist by the President under section 501(b) and
303(b) of the Older Americans Act of 1965 (42 of the Robert T. Stafford Disaster Relief and (B) in paragraph (2)(B), by adding at the
U.S.C. 3023(b)), between subpart 1 and sub- Emergency Assistance Act (42 U.S.C. 5191(b)) end the following: ‘‘Evaluations may also in-
part 2 of part C (42 U.S.C. 3030d–2 et seq.) for with respect to COVID-19, and during the na- clude, to the extent practicable, information
such use as the State agency or area agency tional emergency declared by the President related to—
on aging, respectively, considers appropriate under the National Emergencies Act (50 ‘‘(i) progress toward achieving any grant
to meet the needs of the State or area U.S.C. 1601 et seq.) with respect to COVID-19. metrics or outcomes related to reducing in-
served. Such guidance shall include information on fant mortality rates, improving perinatal
(c) HOME-DELIVERED NUTRITION SERVICES compliance with the regulations promul- outcomes, or reducing the disparity in
WAIVER.—For purposes of State agencies’ de- gated pursuant to section 264(c) of the health status;
termining the delivery of nutrition services Health Insurance Portability and Account- ‘‘(ii) recommendations on potential im-
under section 337 of the Older Americans Act ability Act of 1996 (42 U.S.C. 1320d–2 note) provements that may assist with addressing
of 1965 (42 U.S.C. 3030g), during the period of and applicable policies, including such poli- gaps, as applicable and appropriate; and
the COVID–19 public health emergency de- cies that may come into effect during such ‘‘(iii) the extent to which the grantee co-
clared under section 319 of the Public Health emergencies. ordinated with the community in which the
Service Act (42 U.S.C. 247d), the same mean- SEC. 3225. REAUTHORIZATION OF HEALTHY grantee is located in the development of the
ing shall be given to an individual who is un- START PROGRAM. project and delivery of services, including
able to obtain nutrition because the indi- Section 330H of the Public Health Service with respect to technical assistance and
vidual is practicing social distancing due to Act (42 U.S.C. 254c–8) is amended— mentorship programs.’’; and
the emergency as is given to an individual (1) in subsection (a)— (5) by adding at the end the following:
who is homebound by reason of illness. (A) in paragraph (1), by striking ‘‘, during ‘‘(f) GAO REPORT.—
(d) DIETARY GUIDELINES WAIVER.—To fa- fiscal year 2001 and subsequent years,’’; and ‘‘(1) IN GENERAL.—Not later than 4 years
cilitate implementation of subparts 1 and 2 (B) in paragraph (2), by inserting ‘‘or in- after the date of the enactment of this sub-
of part C of title III of the Older Americans creasing above the national average’’ after section, the Comptroller General of the
Act of 1965 (42 U.S.C. 3030d–2 et seq.) during ‘‘areas with high’’; United States shall conduct an independent
any portion of the COVID–19 public health (2) in subsection (b)— evaluation, and submit to the appropriate
emergency declared under section 319 of the (A) in paragraph (1), by striking ‘‘con- Committees of Congress a report, concerning
Public Health Service Act (42 U.S.C. 247d),
sumers of project services, public health de- the Healthy Start program under this sec-
the Assistant Secretary may waive the re-
partments, hospitals, health centers under tion.
quirements for meals provided under those
section 330’’ and inserting ‘‘participants and ‘‘(2) EVALUATION.—In conducting the eval-
subparts to comply with the requirements of
former participants of project services, pub- uation under paragraph (1), the Comptroller
clauses (i) and (ii) of section 339(2)(A) of such
lic health departments, hospitals, health General shall consider, as applicable and ap-
Act (42 U.S.C. 3030g–21(2)(A)).
centers under section 330, State substance propriate, information from the evaluations
SEC. 3223. CONTINUITY OF SERVICE AND OPPOR-
TUNITIES FOR PARTICIPANTS IN
abuse agencies’’; and under subsection (e)(2)(B).
COMMUNITY SERVICE ACTIVITIES (B) in paragraph (2)— ‘‘(3) REPORT.—The report described in para-
UNDER TITLE V OF THE OLDER (i) in subparagraph (A), by striking ‘‘such graph (1) shall review, assess, and provide
AMERICANS ACT OF 1965. as low birthweight’’ and inserting ‘‘including recommendations, as appropriate, on the fol-
To ensure continuity of service and oppor- poor birth outcomes (such as low birth- lowing:
tunities for participants in community serv- weight and preterm birth) and social deter- ‘‘(A) The allocation of Healthy Start pro-
ice activities under title V of the Older minants of health’’; gram grants by the Health Resources and
Americans Act of 1965 (42 U.S.C. 3056 et seq.), (ii) by redesignating subparagraph (B) as Services Administration, including consider-
the Secretary of Labor— subparagraph (C); ations made by such Administration regard-
(1)(A) may allow individuals participating (iii) by inserting after subparagraph (A), ing disparities in infant mortality or
in projects under such title as of March 1, the following: perinatal outcomes among urban and rural
2020, to extend their participation for a pe- ‘‘(B) Communities with— areas in making such awards.
riod that exceeds the period described in sec- ‘‘(i) high rates of infant mortality or poor ‘‘(B) Trends in the progress made toward
tion 518(a)(3)(B)(i) of such Act (42 U.S.C. perinatal outcomes; or meeting the evaluation criteria pursuant to
3056p(a)(3)(B)(i)) if the Secretary determines ‘‘(ii) high rates of infant mortality or poor subsection (e)(2)(B), including programs
such extension is appropriate due to the ef- perinatal outcomes in specific subpopula- which decrease infant mortality rates and
fects of the COVID–19 public health emer- tions within the community.’’; and improve perinatal outcomes, programs that
gency declared under section 319 of the Pub- (iv) in subparagraph (C) (as so redesig- have not decreased infant mortality rates or
lic Health Service Act (42 U.S.C. 247d); and nated)— improved perinatal outcomes, and programs
(B) may increase the average participation (I) by redesignating clauses (i) and (ii) as that have made an impact on disparities in
cap for eligible individuals applicable to clauses (ii) and (iii), respectively; infant mortality or perinatal outcomes.
grantees as described in section 502(b)(1)(C) (II) by inserting before clause (ii) (as so re- ‘‘(C) The ability of grantees to improve
of the Older Americans Act of 1965 (42 U.S.C. designated) the following: health outcomes for project participants,
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3056(b)(1)(C)) to a cap the Secretary deter- ‘‘(i) collaboration with the local commu- promote the awareness of the Healthy Start
mines is appropriate due to the effects of the nity in the development of the project;’’; program services, incorporate and promote
COVID–19 public health emergency declared (III) in clause (ii) (as so redesignated), by family participation, facilitate coordination
under section 319 of the Public Health Serv- striking ‘‘and’’ at the end; with the community in which the grantee is
ice Act (42 U.S.C. 247d); and (IV) in clause (iii) (as so redesignated), by located, and increase grantee accountability
(2) may increase the amount available to striking the period and inserting ‘‘; and’’; through quality improvement, performance
pay the authorized administrative costs for a and monitoring, evaluation, and the effect such
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S2092 CONGRESSIONAL RECORD — SENATE March 25, 2020
metrics may have toward decreasing the rate to the authority under subclause (I), includ- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—
of infant mortality and improving perinatal ing any outcomes, benefits, and risks associ- To carry out this section, there is authorized
outcomes. ated with the use of such funds, and a de- to be appropriated $23,711,000 for each of fis-
‘‘(D) The extent to which such Federal pro- scription of the reasons for the use of such cal years 2021 through 2025.’’;
grams are coordinated across agencies and authority for the project or projects.’’. (2) in section 740 (42 U.S.C. 293d)—
the identification of opportunities for im- SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS. (A) in subsection (a), by striking
proved coordination in such Federal pro- Chapter V of the Federal Food, Drug, and ‘‘$51,000,000 for fiscal year 2010, and such
grams and activities.’’. Cosmetic Act (21 U.S.C. 351 et seq.) is amend- sums as may be necessary for each of the fis-
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. ed by inserting after section 512 the fol- cal years 2011 through 2014’’ and inserting
(a) IN GENERAL.—The Secretary of Health lowing: ‘‘$51,470,000 for each of fiscal years 2021
and Human Services (referred to in this sec- ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS. through 2025’’;
tion as the ‘‘Secretary’’) shall carry out a ‘‘(a) IN GENERAL.—The Secretary shall, at (B) in subsection (b), by striking ‘‘$5,000,000
national campaign to improve awareness of, the request of the sponsor intending to sub- for each of the fiscal years 2010 through 2014’’
and support outreach to the public and mit an application for approval of a new ani- and inserting ‘‘$1,190,000 for each of fiscal
health care providers about the importance mal drug under section 512(b)(1) or an appli- years 2021 through 2025’’;
and safety of blood donation and the need for cation for conditional approval of a new ani- (C) in subsection (c), by striking
donations for the blood supply during the mal drug under section 571, expedite the de- ‘‘$60,000,000 for fiscal year 2010 and such sums
public health emergency declared by the velopment and review of such new animal as may be necessary for each of the fiscal
Secretary under section 319 of the Public drug if preliminary clinical evidence indi- years 2011 through 2014’’ and inserting
Health Service Act (42 U.S.C. 247d) with re- cates that the new animal drug, alone or in ‘‘$15,000,000 for each of fiscal years 2021
spect to COVID-19. combination with 1 or more other animal through 2025’’; and
(b) AWARENESS CAMPAIGN.—In carrying out (D) in subsection (d), by striking ‘‘Not
drugs, has the potential to prevent or treat a
subsection (a), the Secretary may enter into Later than 6 months after the date of enact-
zoonotic disease in animals, including a vec-
contracts with one or more public or private ment of this part, the Secretary shall pre-
tor borne-disease, that has the potential to
nonprofit entities, to establish a national pare and submit to the appropriate commit-
cause serious adverse health consequences
blood donation awareness campaign that tees of Congress’’ and inserting: ‘‘Not later
for, or serious or life-threatening diseases in,
may include television, radio, internet, and than September 30, 2025, and every five years
humans.
newspaper public service announcements, ‘‘(b) REQUEST FOR DESIGNATION.—The spon- thereafter, the Secretary shall prepare and
submit to the Committee on Health, Edu-
and other activities to provide for public and sor of a new animal drug may request the
cation, Labor, and Pensions of the Senate,
professional awareness and education. Secretary to designate a new animal drug de-
(c) CONSULTATION.—In carrying out sub- and the Committee on Energy and Commerce
scribed in subsection (a) as a priority
section (a), the Secretary shall consult with of the House of Representatives,’’;
zoonotic animal drug. A request for the des-
the Commissioner of Food and Drugs, the As- (3) in section 747 (42 U.S.C. 293k)—
ignation may be made concurrently with, or
(A) in subsection (a)—
sistant Secretary for Health, the Director of at any time after, the opening of an inves-
(i) in paragraph (1)(G), by striking ‘‘to
the Centers for Disease Control and Preven- tigational new animal drug file under sec-
plan, develop, and operate a demonstration
tion, the Director of the National Institutes tion 512(j) or the filing of an application
program that provides training’’ and insert-
of Health, and the heads of other relevant under section 512(b)(1) or 571.
ing: ‘‘to plan, develop, and operate a program
Federal agencies, and relevant accrediting ‘‘(c) DESIGNATION.—
that identifies or develops innovative models
bodies and representative organizations. ‘‘(1) IN GENERAL.—Not later than 60 cal-
of providing care, and trains primary care
(d) REPORT TO CONGRESS.—Not later than 2 endar days after the receipt of a request
physicians on such models and’’; and
years after the date of enactment of this under subsection (b), the Secretary shall de-
(ii) by adding at the end the following:
Act, the Secretary shall submit to the Com- termine whether the new animal drug that is
‘‘(3) PRIORITIES IN MAKING AWARDS.—In
mittee on Health, Education, Labor, and the subject of the request meets the criteria
awarding grants or contracts under para-
Pensions of the Senate and the Committee described in subsection (a). If the Secretary graph (1), the Secretary may give priority to
on Energy and Commerce of the House of determines that the new animal drug meets qualified applicants that train residents in
Representatives, a report that shall in- the criteria, the Secretary shall designate rural areas, including for Tribes or Tribal
clude— the new animal drug as a priority zoonotic Organizations in such areas.’’;
(1) a description of the activities carried animal drug and shall take such actions as (B) in subsection (b)(3)(E), by striking
out under subsection (a); are appropriate to expedite the development ‘‘substance-related disorders’’ and inserting
(2) a description of trends in blood supply and review of the application for approval or ‘‘substance use disorders’’; and
donations; and conditional approval of such new animal (C) in subsection (c)(1), by striking
(3) an evaluation of the impact of the pub- drug. ‘‘$125,000,000 for fiscal year 2010, and such
lic awareness campaign, including any geo- ‘‘(2) ACTIONS.—The actions to expedite the sums as may be necessary for each of fiscal
graphic or population variations. development and review of an application years 2011 through 2014’’ and inserting
PART III—INNOVATION under paragraph (1) may include, as appro- ‘‘$48,924,000 for each of fiscal years 2021
SEC. 3301. REMOVING THE CAP ON OTA DURING priate— through 2025’’;
PUBLIC HEALTH EMERGENCIES. ‘‘(A) taking steps to ensure that the design (4) in section 748 (42 U.S.C. 293k–2)—
Section 319L(c)(5)(A) of the Public Health of clinical trials is as efficient as prac- (A) in subsection (c)(5), by striking ‘‘sub-
Service Act (42 U.S.C. 247d–7e(c)(5)(A)) is ticable, when scientifically appropriate, such stance-related disorders’’ and inserting ‘‘sub-
amended— as by utilizing novel trial designs or drug de- stance use disorders’’; and
(1) by redesignating clause (iii) as clause velopment tools (including biomarkers) that (B) in subsection (f), by striking
(iv); and may reduce the number of animals needed ‘‘$30,000,000 for fiscal year 2010 and such sums
(2) by inserting after clause (ii) the fol- for studies; as may be necessary for each of fiscal years
lowing: ‘‘(B) providing timely advice to, and inter- 2011 through 2015’’ and inserting ‘‘$28,531,000
‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH active communication with, the sponsor for each of fiscal years 2021 through 2025’’;
EMERGENCY.— (which may include meetings with the spon- (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)),
‘‘(I) IN GENERAL.—Notwithstanding clause sor and review team) regarding the develop- by striking ‘‘Committee on Labor and
(ii), the Secretary, shall, to the maximum ment of the new animal drug to ensure that Human Resources of the Senate, and the
extent practicable, use competitive proce- the development program to gather the non- Committee on Commerce of the House of
dures when entering into transactions to clinical and clinical data necessary for ap- Representatives’’ and inserting ‘‘Committee
carry out projects under this subsection for proval is as efficient as practicable; on Health, Education, Labor, and Pensions of
purposes of a public health emergency de- ‘‘(C) involving senior managers and review the Senate, and the Committee on Energy
clared by the Secretary under section 319. staff with experience in zoonotic or vector- and Commerce of the House of Representa-
Any such transactions entered into during borne disease to facilitate collaborative, tives’’;
such public health emergency shall not be cross-disciplinary review, including, as ap- (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)),
terminated solely due to the expiration of propriate, across agency centers; and by striking ‘‘$125,000,000 for each of the fiscal
such public health emergency, if such public ‘‘(D) implementing additional administra- years 2010 through 2014’’ and inserting
health emergency ends before the comple- tive or process enhancements, as necessary, ‘‘$41,250,000 for each of fiscal years 2021
tion of the terms of such agreement. to facilitate an efficient review and develop- through 2025’’;
‘‘(II) REPORT.—After the expiration of the ment program.’’. (7) in section 754(b)(1)(A) (42 U.S.C.
dlhill on DSKBBY8HB2PROD with SENATE
public health emergency declared by the PART IV—HEALTH CARE WORKFORCE 294d(b)(1)(A)), by striking ‘‘new and innova-
Secretary under section 319, the Secretary SEC. 3401. REAUTHORIZATION OF HEALTH PRO- tive’’ and inserting ‘‘innovative or evidence-
shall provide a report to the Committee on FESSIONS WORKFORCE PROGRAMS. based’’;
Health, Education, Labor, and Pensions of Title VII of the Public Health Service Act (8) in section 755(b)(1)(A) (42 U.S.C.
the Senate and the Committee on Energy (42 U.S.C. 292 et seq.) is amended— 294e(b)(1)(A)), by striking ‘‘the elderly’’ and
and Commerce of the House of Representa- (1) in section 736 (42 U.S.C. 293), by striking inserting ‘‘geriatric populations or for ma-
tives regarding the use of any funds pursuant subsection (i) and inserting the following: ternal and child health’’;
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2093
(9) in section 761(e) (42 U.S.C. 294n(e))— (D) identify barriers, if any, to imple- such manner, and containing such informa-
(A) in paragraph (1)(A), by striking menting the actions identified under sub- tion as the Secretary may require.
‘‘$7,500,000 for each of fiscal years 2010 paragraph (C). ‘‘(5) PROGRAM REQUIREMENTS.—
through 2014’’ and inserting ‘‘$5,663,000 for (b) COORDINATION WITH OTHER AGENCIES.— ‘‘(A) IN GENERAL.—In awarding grants, con-
each of fiscal years 2021 through 2025’’; and The Secretary shall coordinate with the tracts, and cooperative agreements under
(B) in paragraph (2), by striking ‘‘sub- heads of other Federal agencies and depart- paragraph (1), the Secretary—
section (a)’’ and inserting ‘‘paragraph (1)’’; ments that fund or administer health care ‘‘(i) shall give priority to programs that
(10) in section 762 (42 U.S.C. 294o)— workforce development programs, including demonstrate coordination with another Fed-
(A) in subsection (a)(1), by striking ‘‘Com- education and training programs, to— eral or State program or another public or
mittee on Labor and Human Resources’’ and (1) evaluate the performance of such pro- private entity;
inserting ‘‘Committee on Health, Education, grams, including the extent to which such ‘‘(ii) shall give priority to applicants with
Labor, and Pensions’’; programs are efficient and effective and are programs or activities that are expected to
(B) in subsection (b)— meeting the nation’s health workforce needs; substantially benefit rural or medically un-
(i) in paragraph (2), by striking ‘‘Health and derserved populations of older adults, or
Care Financing Administration’’ and insert- (2) identify opportunities to improve the serve older adults in Indian Tribes or Tribal
ing ‘‘Centers for Medicare & Medicaid Serv- quality and consistency of the information organizations; and
ices’’; collected to evaluate within and across such ‘‘(iii) may give priority to any program
(ii) by redesignating paragraphs (4) programs, and to implement such improve- that—
through (6) as paragraphs (5) through (7), re- ments. ‘‘(I) integrates geriatrics into primary care
spectively; and (c) REPORT.—Not later than 2 years after practice;
(iii) by inserting after paragraph (3), the the date of enactment of this Act, the Sec- ‘‘(II) provides training to integrate geri-
following: retary shall submit to the Committee on atric care into other specialties across care
‘‘(4) the Administrator of the Health Re- Health, Education, Labor, and Pensions of settings, including practicing clinical spe-
sources and Services Administration;’’; the Senate, and the Committee on Energy cialists, health care administrators, faculty
(C) by striking subsections (i), (j), and (k) and Commerce of the House of Representa- without backgrounds in geriatrics, and stu-
and inserting the following: tives, a report describing the plan developed dents from all health professions;
under subsection (a) and actions taken to ‘‘(III) emphasizes integration of geriatric
‘‘(i) REPORTS.—Not later than September care into existing service delivery locations
30, 2023, and not less than every 5 years implement such plan.
and care across settings, including primary
thereafter, the Council shall submit to the SEC. 3403. EDUCATION AND TRAINING RELATING
TO GERIATRICS. care clinics, medical homes, Federally quali-
Secretary, and to the Committee on Health, fied health centers, ambulatory care clinics,
Education, Labor, and Pensions of the Sen- Section 753 of the Public Health Service
critical access hospitals, emergency care, as-
ate and the Committee on Energy and Com- Act (42 U.S.C. 294c) is amended to read as fol-
sisted living and nursing facilities, and
merce of the House of Representatives, a re- lows:
home- and community-based services, which
port on the recommendations described in ‘‘SEC. 753. EDUCATION AND TRAINING RELATING may include adult daycare;
subsection (a).’’; and TO GERIATRICS.
‘‘(IV) supports the training and retraining
(D) by redesignating subsection (l) as sub- ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT of faculty, primary care providers, other di-
section (j); PROGRAM.— rect care providers, and other appropriate
(11) in section 766(b)(1) (42 U.S.C. ‘‘(1) IN GENERAL.—The Secretary shall professionals on geriatrics;
295a(b)(1)), by striking ‘‘that plans’’ and all award grants, contracts, or cooperative ‘‘(V) emphasizes education and engage-
that follows through the period and inserting agreements under this subsection to entities ment of family caregivers on disease man-
‘‘that plans, develops, operates, and evalu- described in paragraph (1), (3), or (4) of sec- agement and strategies to meet the needs of
ates projects to improve preventive medi- tion 799B, section 801(2), or section 865(d), or caregivers of older adults; or
cine, health promotion and disease preven- other health professions schools or programs ‘‘(VI) proposes to conduct outreach to com-
tion, or access to and quality of health care approved by the Secretary, for the establish- munities that have a shortage of geriatric
services in rural or medically underserved ment or operation of Geriatrics Workforce workforce professionals.
communities.’’; Enhancement Programs that meet the re- ‘‘(B) SPECIAL CONSIDERATION.—In awarding
(12) in section 770(a) (42 U.S.C. 295e(a)), by quirements of paragraph (2). grants, contracts, and cooperative agree-
striking ‘‘$43,000,000 for fiscal year 2011, and ‘‘(2) REQUIREMENTS.— ments under this section, the Secretary shall
such sums as may be necessary for each of ‘‘(A) IN GENERAL.—A Geriatrics Workforce give special consideration to entities that
the fiscal years 2012 through 2015’’ and in- Enhancement Program receiving an award provide services in areas with a shortage of
serting ‘‘$17,000,000 for each of fiscal years under this section shall support the training geriatric workforce professionals.
2021 through 2025’’; and of health professionals in geriatrics, includ- ‘‘(6) PRIORITY.—The Secretary may provide
(13) in section 775(e) (42 U.S.C. 295f(e)), by ing traineeships or fellowships. Such pro- awardees with additional support for activi-
striking ‘‘$30,000,000’’ and all that follows grams shall emphasize, as appropriate, pa- ties in areas of demonstrated need, which
through the period and inserting ‘‘such sums tient and family engagement, integration of may include education and training for home
as may be necessary for each of fiscal years geriatrics with primary care and other ap- health workers, family caregivers, and direct
2021 through 2025.’’. propriate specialties, and collaboration with care workers on care for older adults.
community partners to address gaps in ‘‘(7) REPORTING.—
SEC. 3402. HEALTH WORKFORCE COORDINATION.
health care for older adults. ‘‘(A) REPORTS FROM ENTITIES.—Each entity
(a) STRATEGIC PLAN.— ‘‘(B) ACTIVITIES.—Activities conducted by awarded a grant, contract, or cooperative
(1) IN GENERAL.—Not later than 1 year after a program under this section may include agreement under this section shall submit an
the date of enactment of this Act, the Sec- the following: annual report to the Secretary on the activi-
retary of Health and Human Services (re- ‘‘(i) Clinical training on providing inte- ties conducted under such grant, contract, or
ferred to in this Act as the ‘‘Secretary’’), in grated geriatrics and primary care delivery cooperative agreement, which may include
consultation with the Advisory Committee services. information on the number of trainees, the
on Training in Primary Care Medicine and ‘‘(ii) Interprofessional training to practi- number of professions and disciplines, the
Dentistry and the Advisory Council on Grad- tioners from multiple disciplines and special- number of partnerships with health care de-
uate Medical Education, shall develop a com- ties, including training on the provision of livery sites, the number of faculty and prac-
prehensive and coordinated plan with respect care to older adults. ticing professionals who participated in such
to the health care workforce development ‘‘(iii) Establishing or maintaining train- programs, and other information, as the Sec-
programs of the Department of Health and ing-related community-based programs for retary may require.
Human Services, including education and older adults and caregivers to improve ‘‘(B) REPORT TO CONGRESS.—Not later than
training programs. health outcomes for older adults. 4 years after the date of enactment of the
(2) REQUIREMENTS.—The plan under para- ‘‘(iv) Providing education on Alzheimer’s Title VII Health Care Workforce Reauthor-
graph (1) shall— disease and related dementias to families ization Act of 2019 and every 5 years there-
(A) include performance measures to deter- and caregivers of older adults, direct care after, the Secretary shall submit to the Com-
mine the extent to which the programs de- workers, and health professions students, mittee on Health, Education, Labor, and
scribed in paragraph (1) are strengthening faculty, and providers. Pensions of the Senate and the Committee
the Nation’s health care system; ‘‘(3) DURATION.—Each grant, contract, or on Energy and Commerce of the House of
(B) identify any gaps that exist between cooperative agreement or contract awarded Representatives a report that provides a
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the outcomes of programs described in para- under paragraph (1) shall be for a period not summary of the activities and outcomes as-
graph (1) and projected health care work- to exceed 5 years. sociated with grants, contracts, and coopera-
force needs identified in workforce projec- ‘‘(4) APPLICATIONS.—To be eligible to re- tive agreements made under this section.
tion reports conducted by the Health Re- ceive a grant, contract, or cooperative agree- Such reports shall include—
sources and Services Administration; ment under paragraph (1), an entity de- ‘‘(i) information on the number of trainees,
(C) identify actions to address the gaps de- scribed in such paragraph shall submit to the faculty, and professionals who participated
scribed in subparagraph (B); and Secretary an application at such time, in in programs under this section;
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S2094 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(ii) information on the impact of the pro- ‘‘(A) AMOUNT.—The amount of an award fore the period at the end of the first sen-
gram conducted under this section on the under this subsection shall be at least $75,000 tence; and
health status of older adults, including in for fiscal year 2021, adjusted for subsequent (D) by adding at the end the following:
areas with a shortage of health professionals; years in accordance with the consumer price ‘‘(i) BIENNIAL REPORT ON NURSING WORK-
and index. The Secretary shall determine the FORCE PROGRAM IMPROVEMENTS.—Not later
‘‘(iii) information on outreach and edu- amount of an award under this subsection than September 30, 2020, and biennially
cation provided under this section to fami- for individuals who are not physicians. thereafter, the Secretary shall submit to the
lies and caregivers of older adults. ‘‘(B) DURATION.—The Secretary shall make Committee on Health, Education, Labor, and
‘‘(C) PUBLIC AVAILABILITY.—The Secretary awards under paragraph (1) for a period not Pensions of the Senate and the Committee
shall make reports submitted under para- to exceed 5 years. on Energy and Commerce of the House of
graph (B) publically available on the inter- ‘‘(6) SERVICE REQUIREMENT.—An individual Representatives, a report that contains an
net website of the Department of Health and who receives an award under this subsection assessment of the programs and activities of
Human Services. shall provide training in clinical geriatrics, the Department of Health and Human Serv-
including the training of interprofessional ices related to enhancing the nursing work-
‘‘(b) GERIATRIC ACADEMIC CAREER force, including the extent to which pro-
AWARDS.— teams of health care professionals. The pro-
vision of such training shall constitute at grams and activities under this title meet
‘‘(1) ESTABLISHMENT OF PROGRAM.—The the identified goals and performance meas-
least 75 percent of the obligations of such in-
Secretary shall, as appropriate, establish or ures developed for the respective programs
dividual under the award.
maintain a program to provide geriatric aca- and activities, and the extent to which the
‘‘(c) NONAPPLICABILITY OF PROVISION.—Not-
demic career awards to eligible entities ap- withstanding any other provision of this Department coordinates with other Federal
plying on behalf of eligible individuals to title, section 791(a) shall not apply to awards departments regarding programs designed to
promote the career development of such in- made under this section. improve the nursing workforce.’’;
dividuals as academic geriatricians or other ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (5) in section 811 (42 U.S.C. 296j)—
academic geriatrics health professionals. There is authorized to be appropriated (A) in subsection (b)—
‘‘(2) ELIGIBILITY.— $40,737,000 for each of fiscal years 2021 (i) by striking ‘‘Master’s’’ and inserting
‘‘(A) ELIGIBLE ENTITY.—For purposes of through 2025 for purposes of carrying out this ‘‘graduate’’; and
this subsection, the term ‘eligible entity’ section.’’. (ii) by inserting ‘‘clinical nurse leaders,’’
means— SEC. 3404. NURSING WORKFORCE DEVELOPMENT. after ‘‘nurse administrators,’’;
‘‘(i) an entity described in paragraph (1), (a) IN GENERAL.—Title VIII of the Public (B) by redesignating subsections (f) and (g)
(3), or (4) of section 799B or section 801(2); or Health Service Act (42 U.S.C. 296 et seq.) is as subsections (g) and (h), respectively; and
‘‘(ii) another accredited health professions amended— (C) by inserting after subsection (e), the
school or graduate program approved by the (1) in section 801 (42 U.S.C. 296), by adding following:
Secretary. at the end the following: ‘‘(f) AUTHORIZED CLINICAL NURSE SPE-
‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The CIALIST PROGRAMS.—Clinical nurse specialist
this subsection, the term ‘eligible individual’ term ‘nurse managed health clinic’ means a programs eligible for support under this sec-
means an individual who— nurse-practice arrangement, managed by ad- tion are education programs that—
‘‘(i)(I) is board certified or board eligible in vanced practice nurses, that provides pri- ‘‘(1) provide registered nurses with full-
internal medicine, family practice, psychi- mary care or wellness services to under- time clinical nurse specialist education; and
atry, or licensed dentistry, or has completed served or vulnerable populations and that is ‘‘(2) have as their objective the education
required training in a discipline and is em- associated with a school, college, university of clinical nurse specialists who will, upon
ployed in an accredited health professions or department of nursing, federally qualified completion of such a program, be qualified
school or graduate program that is approved health center, or independent nonprofit to effectively provide care through the
by the Secretary; or health or social services agency.’’; wellness and illness continuum to inpatients
‘‘(II) has completed an approved fellowship (2) in section 802(c) (42 U.S.C. 296a(c)), by and outpatients experiencing acute and
program in geriatrics, or has completed spe- inserting ‘‘, and how such project aligns with chronic illness.’’; and
cialty training in geriatrics as required by the goals in section 806(a)’’ before the period (6) in section 831 (42 U.S.C. 296p)—
the discipline and any additional geriatrics in the second sentence; (A) in the section heading, by striking
training as required by the Secretary; and (3) in section 803(b) (42 U.S.C. 296b(b)), by ‘‘AND QUALITY GRANTS’’ and inserting ‘‘QUAL-
‘‘(ii) has a junior, nontenured, faculty ap- adding at the end the following: ‘‘Such Fed- ITY, AND RETENTION GRANTS’’;
pointment at an accredited health profes- eral funds are intended to supplement, not (B) in subsection (b)(2), by striking ‘‘other
sions school or graduate program in geri- supplant, existing non-Federal expenditures high-risk groups such as the elderly, individ-
atrics or a geriatrics health profession. for such activities.’’; uals with HIV/AIDS, substance abusers, the
‘‘(C) CLARIFICATION.—If an eligible indi- (4) in section 806 (42 U.S.C. 296e)— homeless, and victims’’ and inserting ‘‘high
vidual is promoted during the period of an (A) in subsection (a), by striking ‘‘as need- risk groups, such as the elderly, individuals
award under this subsection and thereby no ed to’’ and all that follows and inserting the with HIV/AIDS, individuals with mental
longer meets the criteria of subparagraph following: ‘‘as needed to address national health or substance use disorders, individ-
(B)(ii), the individual shall continue to be nursing needs, including— uals who are homeless, and survivors’’;
treated as an eligible individual through the ‘‘(1) addressing challenges, including (C) in subsection (c)(1)—
term of the award. through supporting training and education (i) in subparagraph (A)—
‘‘(3) APPLICATION REQUIREMENTS.—In order of nursing students, related to the distribu- (I) by striking ‘‘advancement for nursing
to receive an award under paragraph (1), an tion of the nursing workforce and existing or personnel’’ and inserting the following: ‘‘ad-
eligible entity, on behalf of an eligible indi- projected nursing workforce shortages in ge- vancement for—
vidual, shall— ographic areas that have been identified as ‘‘(i) nursing’’;
‘‘(A) submit to the Secretary an applica- having, or that are projected to have, a nurs- (II) by striking ‘‘professional nurses, ad-
tion, at such time, in such manner, and con- ing shortage; vanced education nurses, licensed practical
taining such information as the Secretary ‘‘(2) increasing access to and the quality of nurses, certified nurse assistants, and home
may require; health care services, including by supporting health aides’’ and inserting ‘‘professional
‘‘(B) provide, in such form and manner as the training of professional registered registered nurses, advanced practice reg-
the Secretary may require, assurances that nurses, advanced practice registered nurses, istered nurses, and nurses with graduate
the eligible individual will meet the service and advanced education nurses within com- nursing education’’; and
requirement described in paragraph (6); and munity based settings and in a variety of (III) by adding at the end the following:
‘‘(C) provide, in such form and manner as health delivery system settings; or ‘‘(ii) individuals including licensed prac-
the Secretary may require, assurances that ‘‘(3) addressing the strategic goals and pri- tical nurses, licensed vocational nurses, cer-
the individual has a full-time faculty ap- orities identified by the Secretary and that tified nurse assistants, home health aides,
pointment in a health professions institution are in accordance with this title. diploma degree or associate degree nurses,
and documented commitment from such eli- Contracts may be entered into under this and other health professionals, such as
gible entity that the individual will spend 75 title with public or private entities as deter- health aides or community health practi-
percent of the individual’s time that is sup- mined necessary by the Secretary.’’; tioners certified under the Community
ported by the award on teaching and devel- (B) in subsection (b)(2), by striking ‘‘a dem- Health Aide Program of the Indian Health
oping skills in interdisciplinary education in onstration’’ and all that follows and insert- Service, to become registered nurses with
geriatrics. ing the following: ‘‘the reporting of data and baccalaureate degrees or nurses with grad-
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‘‘(4) EQUITABLE DISTRIBUTION.—In making information demonstrating that satisfactory uate nursing education;’’;
awards under this subsection, the Secretary progress has been made by the program or (ii) in subparagraph (B), by striking the pe-
shall seek to ensure geographical distribu- project in meeting the performance outcome riod and inserting ‘‘; and’’; and
tion among award recipients, including standards (as described in section 802) of (iii) by adding at the end the following:
among rural or medically underserved areas such program or project.’’; ‘‘(C) developing and implementing intern-
of the United States. (C) in subsection (e)(2), by inserting ‘‘, and ships, accredited fellowships, and accredited
‘‘(5) AMOUNT AND DURATION.— have relevant expertise and experience’’ be- residency programs in collaboration with
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2095
one or more accredited schools of nursing, to (D) information on the number of nurses qualifying emergency, an institution may
encourage the mentoring and development of assigned to facilities pursuant to such pro- transfer up to 100 percent of the institution’s
specialties.’’; grams, including the type of facility to unexpended allotment under section 442 of
(D) by striking subsections (e) and (h); which nurses are assigned and the impact of such Act to the institution’s allotment
(E) by redesignating subsections (f) and (g), modifying the eligibility requirements for under section 413D of such Act, but may not
as subsections (e) and (f), respectively; programs under section 846 of the Public transfer any funds from the institution’s un-
(F) in subsection (e) (as so redesignated), Health Service Act (42 U.S.C. 297n), such as expended allotment under section 413D of
by striking ‘‘The Secretary shall submit to the impact on entities to which nurses had such Act to the institution’s allotment
the Congress before the end of each fiscal previously been assigned prior to fiscal year under section 442 of such Act.
year’’ and inserting ‘‘As part of the report on 2019 (such as federally qualified health cen- SEC. 3504.USE OF SUPPLEMENTAL EDU-
nursing workforce programs described in sec- ters and facilities affiliated with the Indian CATIONAL OPPORTUNITY GRANTS
tion 806(i), the Secretary shall include’’; and Health Service). FOR EMERGENCY AID.
(G) in subsection (f) (as so redesignated), (2) REPORT.—Not later than 18 months (a) IN GENERAL.—Notwithstanding section
by striking ‘‘a school of nursing, as defined after the enactment of this Act, the Comp- 413B of the Higher Education Act of 1965 (20
in section 801(2),,’’ and inserting ‘‘an accred- troller General shall submit to the Com- U.S.C. 1070b–1), an institution of higher edu-
ited school of nursing, as defined in section mittee on Health, Education, Labor, and cation may reserve any amount of an insti-
801(2), a health care facility, including feder- Pensions of the Senate and the Committee tution’s allocation under subpart 3 of part A
ally qualified health centers or nurse-man- on Energy and Commerce of the House of of title IV of the Higher Education Act of
aged health clinics, or a partnership of such Representatives, a report on the evaluation 1965 (20 U.S.C. 1070b et seq.) for a fiscal year
a school and facility’’; under paragraph (1), which may include rec- to award, in such fiscal year, emergency fi-
(7) by striking section 831A (42 U.S.C. 296p– ommendations to improve relevant nursing nancial aid grants to assist undergraduate or
1); workforce loan repayment programs. graduate students for unexpected expenses
(8) in section 846 (42 U.S.C. 297n)— and unmet financial need as the result of a
Subtitle B—Education Provisions
(A) by striking the last sentence of sub- qualifying emergency.
SEC. 3501. SHORT TITLE. (b) DETERMINATIONS.—In determining eligi-
section (a); This subtitle may be cited as the ‘‘COVID- bility for and awarding emergency financial
(B) in subsection (b)(1), by striking ‘‘he 19 Pandemic Education Relief Act of 2020’’. aid grants under this section, an institution
began such practice’’ and inserting ‘‘the indi- SEC. 3502. DEFINITIONS. of higher education may—
vidual began such practice’’; and (a) DEFINITIONS.—In this subtitle: (1) waive the amount of need calculation
(C) in subsection (i), by striking ‘‘FUND- (1) CORONAVIRUS.—The term ‘‘coronavirus’’ under section 471 of the Higher Education
ING’’ in the subsection heading and all that
has the meaning given the term in section Act of 1965 (20 U.S.C. 1087kk);
follows through ‘‘paragraph (1)’’ in para- 506 of the Coronavirus Preparedness and Re- (2) allow for a student affected by a quali-
graph (2), and inserting the following: ‘‘AL- sponse Supplemental Appropriations Act, fying emergency to receive funds in an
LOCATIONS.—Of the amounts appropriated
2020 (Public Law 116–123). amount that is not more than the maximum
under section 871(b),’’; (2) FOREIGN INSTITUTION.—The term ‘‘for- Federal Pell Grant for the applicable award
(9) in section 846A (42 U.S.C. 247n–1), by eign institution’’ means an institution of year; and
striking subsection (f); higher education located outside the United (3) utilize a contract with a scholarship-
(10) in section 847 (42 U.S.C. 297o), by strik- States that is described in paragraphs (1)(C) granting organization designated for the sole
ing subsection (g); and (2) of section 102(a) of the Higher Edu- purpose of accepting applications from or
(11) in section 851 (42 U.S.C. 297t)— cation Act of 1965 (20 U.S.C. 1002(a)). disbursing funds to students enrolled in the
(A) in subsection (b)(1)(A)(iv), by striking (3) INSTITUTION OF HIGHER EDUCATION.—The institution of higher education, if such
‘‘and nurse anesthetists’’ and inserting term ‘‘institution of higher education’’ has scholarship-granting organization disburses
‘‘nurse anesthetists, and clinical nurse spe- the meaning of the term under section 102 of the full allocated amount provided to the in-
cialists’’; the Higher Education Act of 1965 (20 U.S.C. stitution of higher education to the recipi-
(B) in subsection (d)(3)— 1002). ents.
(i) by striking ‘‘3 years after the date of en- (4) QUALIFYING EMERGENCY.—The term (c) SPECIAL RULE.—Any emergency finan-
actment of this section’’ and inserting ‘‘2 ‘‘qualifying emergency’’ means— cial aid grants to students under this section
years after the date of enactment of the (A) a public health emergency related to shall not be treated as other financial assist-
Title VIII Nursing Reauthorization Act’’; the coronavirus declared by the Secretary of ance for the purposes of section 471 of the
(ii) by striking ‘‘Labor and Human Re- Health and Human Services pursuant to sec- Higher Education Act of 1965 (20 U.S.C.
sources’’ and inserting ‘‘Health, Education, tion 319 of the Public Health Service Act (42 1087kk).
Labor, and Pensions’’; and U.S.C. 247d); SEC. 3505. FEDERAL WORK-STUDY DURING A
(iii) by inserting ‘‘Energy and’’ before (B) an event related to the coronavirus for QUALIFYING EMERGENCY.
‘‘Commerce’’; and which the President declared a major dis- (a) IN GENERAL.—In the event of a quali-
(C) in subsection (g), by striking ‘‘under aster or an emergency under section 401 or fying emergency, an institution of higher
this title’’ and inserting ‘‘for carrying out 501, respectively, of the Robert T. Stafford education participating in the program
parts B, C, and D’’; Disaster Relief and Emergency Assistance under part C of title IV of the Higher Edu-
(12) by striking sections 861 and 862 (42 Act (42 U.S.C. 5170 and 5191); or cation Act of 1965 (20 U.S.C. 1087–51 et seq.)
U.S.C. 297w and 297x); and (C) a national emergency related to the may make payments under such part to af-
(13) in section 871 (42 U.S.C. 298d)— coronavirus declared by the President under fected work-study students, for the period of
(A) by striking ‘‘For the purpose of’’ and section 201 of the National Emergencies Act time (not to exceed one academic year) in
inserting the following: (50 U.S.C. 1601 et seq.). which affected students were unable to fulfill
‘‘(a) IN GENERAL.—For the purpose of’’; (5) SECRETARY.—The term ‘‘Secretary’’ the students’ work-study obligation for all
(B) by striking ‘‘$338,000,000 for fiscal year means the Secretary of Education. or part of such academic year due to such
2010, and such sums as may be necessary for SEC. 3503. CAMPUS-BASED AID WAIVERS. qualifying emergency, as follows:
each of the fiscal years 2011 through 2016’’ (a) WAIVER OF NON-FEDERAL SHARE RE- (1) Payments may be made under such part
and inserting ‘‘$137,837,000 for each of fiscal QUIREMENT.—Notwithstanding sections to affected work-study students in an
years 2021 through 2025’’; and 413C(a)(2) and 443(b)(5) of the Higher Edu- amount equal to or less than the amount of
(C) by adding at the end the following: cation Act of 1965 (20 U.S.C. 1070b–2(a)(2) and wages such students would have been paid
‘‘(b) PART E.—For the purpose of carrying 1087–53(b)(5)), with respect to funds made under such part had the students been able
out part E, there are authorized to be appro- available for award years 2019-2020 and 2020- to complete the work obligation necessary to
priated $117,135,000 for each of the fiscal 2021, the Secretary shall waive the require- receive work study funds, as a one time
years 2021 through 2025.’’. ment that a participating institution of grant or as multiple payments.
(b) EVALUATION AND REPORT ON NURSE higher education provide a non-Federal share (2) Payments shall not be made to any stu-
LOAN REPAYMENT PROGRAMS.— to match Federal funds provided to the insti- dent who was not eligible for work study or
(1) EVALUATION.—The Comptroller General tution for the programs authorized pursuant was not completing the work obligation nec-
shall conduct an evaluation of the nurse loan to subpart 3 of part A and part C of title IV essary to receive work study funds under
repayment programs administered by the of the Higher Education Act of 1965 (20 U.S.C. such part prior to the occurrence of the
Health Resources and Services Administra- 1070b et seq. and 1087–51 et seq.) for all qualifying emergency.
tion. Such evaluation shall include— awards made under such programs during (3) Any payments made to affected work-
(A) the manner in which payments are such award years, except nothing in this sub- study students under this subsection shall
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made under such programs; section shall affect the non-Federal share re- meet the matching requirements of section
(B) the existing oversight functions nec- quirement under section 443(c)(3) that ap- 443 of the Higher Education Act of 1965 (20
essary to ensure the proper use of such pro- plies to private for-profit organizations. U.S.C. 1087–53), unless such matching re-
grams, including payments made as part of (b) AUTHORITY TO REALLOCATE.—Notwith- quirements are waived by the Secretary.
such programs; standing sections 413D, 442, and 488 of the (b) DEFINITION OF AFFECTED WORK-STUDY
(C) the identification of gaps, if any, in Higher Education Act of 1965 (20 U.S.C. 1070b– STUDENT.—In this section, the term ‘‘af-
oversight functions; and 3, 1087–52, and 1095), during a period of a fected work-study student’’ means a student
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S2096 CONGRESSIONAL RECORD — SENATE March 25, 2020
enrolled at an eligible institution partici- withdraws from the institution of higher pates in the Federal Direct Loan Program
pating in the program under part C of title education during the payment period as a re- under part D of title IV of the Higher Edu-
IV of the Higher Education Act of 1965 (20 sult of a qualifying emergency. cation Act of 1965 (20 U.S.C. 1087a et seq.) for
U.S.C. 1087–51 et seq.) who— (d) APPROVED LEAVE OF ABSENCE.—Not- the purpose of allowing a student of the for-
(1) received a work-study award under sec- withstanding any other provision of the eign institution who is a borrower of a loan
tion 443 of the Higher Education Act of 1965 Higher Education Act of 1965 (20 U.S.C. 1001 made under such part to take courses from
(20 U.S.C. 1087–53) for the academic year dur- et seq.), for purposes of receiving assistance the institution of higher education located
ing which a qualifying emergency occurred; under title IV of the Higher Education Act of in the United States.
(2) earned Federal work-study wages from 1965 (20 U.S.C. 1070 et seq.), an institution of (2) FORM OF ARRANGEMENTS.—
such eligible institution for such academic higher education may, as a result of a quali- (A) PUBLIC OR OTHER NONPROFIT INSTITU-
year; and fying emergency, provide a student with an TIONS.—A foreign institution that is a public
(3) was prevented from fulfilling the stu- approved leave of absence that does not re- or other nonprofit institution may enter into
dent’s work-study obligation for all or part quire the student to return at the same point a written arrangement under subsection (a)
of such academic year due to such qualifying in the academic program that the student only with an institution of higher education
emergency. began the leave of absence if the student re- described in section 101 of such Act (20 U.S.C.
SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN turns within the same semester (or the 1001).
USAGE LIMITS. equivalent). (B) OTHER INSTITUTIONS.—A foreign institu-
Notwithstanding section 455(q)(3) of the SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. tion that is a graduate medical school, nurs-
Higher Education Act of 1965 (20 U.S.C. Notwithstanding section 484 of the Higher ing school, or a veterinary school and that is
1087e(q)(3)), the Secretary shall exclude from Education Act of 1965 (20 U.S.C. 1091), in de- not a public or other nonprofit institution
a student’s period of enrollment for purposes termining whether a student is maintaining may enter into a written arrangement under
of loans made under part D of title IV of the satisfactory academic progress for purposes subsection (a) with an institution of higher
Higher Education Act of 1965 (20 U.S.C. 1087a of title IV of the Higher Education Act of education described in section 101 or section
et seq.) any semester (or the equivalent) that 1965 (20 U.S.C. 1070 et seq.), an institution of 102 of such Act (20 U.S.C. 1001 and 1002).
the student does not complete due to a quali- higher education may, as a result of a quali- (3) REPORT ON USE.—An institution of high-
fying emergency, if the Secretary is able to fying emergency, exclude from the quan- er education that uses the authority de-
administer such policy in a manner that lim- titative component of the calculation any scribed in paragraph (2) shall report such use
its complexity and the burden on the stu- attempted credits that were not completed to the Secretary—
dent. by such student without requiring an appeal (A) for the 2019–2020 award year, not later
SEC. 3507. EXCLUSION FROM FEDERAL PELL by such student. than June 30, 2020; and
GRANT DURATION LIMIT. SEC. 3510. CONTINUING EDUCATION AT AF- (B) for an award year subsequent to the
The Secretary shall exclude from a stu- FECTED FOREIGN INSTITUTIONS. 2019–2020 award year, not later than 30 days
dent’s Federal Pell Grant duration limit (a) IN GENERAL.—Notwithstanding section after such use.
under section 401(c)(5) of the Higher Edu- 481(b) of the Higher Education Act of 1965 (20 (4) REPORT FROM THE SECRETARY.—Not
cation Act of 1965 (2 U.S.C. 1070a(c)(5)) any U.S.C. 1088(b)), with respect to a foreign in- later than 180 days after the date of enact-
semester (or the equivalent) that the student stitution, in the case of a public health ment of this Act, and every 180 days there-
does not complete due to a qualifying emer- emergency, major disaster or emergency, or after for the duration of the qualifying emer-
gency if the Secretary is able to administer national emergency declared by the applica- gency and the following payment period, the
such policy in a manner that limits com- ble government authorities in the country in Secretary shall submit to the authorizing
plexity and the burden on the student. which the foreign institution is located, the committees (as defined in section 103 of the
SEC. 3508. INSTITUTIONAL REFUNDS AND FED- Secretary may permit any part of an other- Higher Education Act of 1965 (20 U.S.C. 1003))
ERAL STUDENT LOAN FLEXIBILITY. wise eligible program to be offered via dis- a report that identifies each foreign institu-
(a) INSTITUTIONAL WAIVER.— tance education for the duration of such tion that entered into a written arrangement
(1) IN GENERAL.—The Secretary shall waive emergency or disaster and the following pay- authorized under subsection (a).
the institutional requirement under section ment period for purposes of title IV of the SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL
484B of the Higher Education Act of 1965 (20 Higher Education Act of 1965 (20 U.S.C. 1070 WAIVERS.
U.S.C. 1091b) with respect to the amount of et seq.). (a) IN GENERAL.—Notwithstanding any
grant or loan assistance (other than assist- (b) ELIGIBILITY.—An otherwise eligible pro- other provision of law, the Secretary may,
ance received under part C of title IV of such gram that is offered in whole or in part upon the request of a State educational
Act) to be returned under such section if a through distance education by a foreign in- agency or Indian tribe, waive any statutory
recipient of assistance under title IV of the stitution between March 1, 2020, and the date or regulatory provision described under para-
Higher Education Act of 1965 (20 U.S.C. 1070 of enactment of this Act shall be deemed eli- graphs (1) and (2) of subsection (b), and upon
et seq.) withdraws from the institution of gible for the purposes of part D of title IV of the request of a local educational agency,
higher education during the payment period the Higher Education Act of 1965 (20 U.S.C. waive any statutory or regulatory provision
or period of enrollment as a result of a quali- 1087a et seq.) for the duration of the quali- described under paragraph (2) of subsection
fying emergency. fying emergency and the following payment (b), if the Secretary determines that such a
(2) WAIVERS.—The Secretary shall require period for purposes of title IV of the Higher waiver is necessary and appropriate due to
each institution using a waiver relating to Education Act of 1965 (20 U.S.C. 1070 et seq.). the emergency involving Federal primary re-
the withdrawal of recipients under this sub- An institution of higher education that uses sponsibility determined to exist by the
section to report the number of such recipi- the authority provided in the previous sen- President under the section 501(b) of the
ents, the amount of grant or loan assistance tence shall report such use to the Sec- Robert T. Stafford Disaster Relief and Emer-
(other than assistance received under part C retary— gency Assistance Act (42 U.S.C. 5191(b)) with
of title IV of such Act) associated with each (1) for the 2019–2020 award year, not later respect to the Coronavirus Disease 2019
such recipient, and the total amount of than June 30, 2020; and (COVID-19).
grant or loan assistance (other than assist- (2) for an award year subsequent to the (b) APPLICABLE PROVISIONS OF LAW.—
ance received under part C of title IV of such 2019–2020 award year, not later than 30 days (1) STREAMLINED WAIVERS.—The Secretary
Act) for which each institution has not re- after such use. shall create an expedited application process
turned assistance under title IV to the Sec- (c) REPORT.—Not later than 180 days after to request a waiver and the Secretary may
retary. the date of enactment of this Act, and every waive any statutory or regulatory require-
(b) STUDENT WAIVER.—The Secretary shall 180 days thereafter for the duration of the ments for a State educational agency (re-
waive the amounts that students are re- qualifying emergency and the following pay- lated to assessments, accountability, and re-
quired to return under section 484B of the ment period, the Secretary shall submit to porting requirements related to assessments
Higher Education Act of 1965 (20 U.S.C. 1091b) the authorizing committees (as defined in and accountability), if the Secretary deter-
with respect to Federal Pell Grants or other section 103 of the Higher Education Act of mines that such a waiver is necessary and
grant assistance if the withdrawals on which 1965 (20 U.S.C. 1003)) a report that identifies appropriate as described in subsection (a),
the returns are based, are withdrawals by each foreign institution that carried out a under the following provisions of law:
students who withdrew from the institution distance education program authorized (A) The following provisions under section
of higher education as a result of a quali- under this section. 1111 of the Elementary and Secondary Edu-
fying emergency. (d) WRITTEN ARRANGEMENTS.— cation Act of 1965 (20 U.S.C. 6311):
(c) CANCELING LOAN OBLIGATION.—Notwith- (1) IN GENERAL.—Notwithstanding section (i) Paragraphs (2) and (3) of subsection (b).
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standing any other provision of the Higher 102 of the Higher Education Act of 1965 (20 (ii) Subsection (c)(4).
Education Act of 1965 (20 U.S.C. 1001 et seq.), U.S.C. 1002), for the duration of a qualifying (iii) Subparagraphs (C) and (D) of sub-
the Secretary shall cancel the borrower’s ob- emergency and the following payment pe- section (d)(2).
ligation to repay the entire portion of a loan riod, the Secretary may allow a foreign in- (iv) The following provisions under sub-
made under part D of title IV of such Act (20 stitution to enter into a written arrange- section (h) of such section 1111:
U.S.C. 1087a et seq.) associated with a pay- ment with an institution of higher education (I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi),
ment period for a recipient of such loan who located in the United States that partici- (vii), and (xi) of paragraph (1)(C).
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2097
(II) Paragraph (2)(C) with respect to the (A) IN GENERAL.—Except as provided under termination and Education Assistance Act
waived requirements under subclause (I). subparagraph (B), the Secretary shall ap- (25 U.S.C. 5301 et seq.).
(III) Clauses (i) and (ii) of paragraph (2)(C). prove or disapprove a waiver request sub- SEC. 3512. HBCU CAPITAL FINANCING.
(B) Section 421(b) of the General Education mitted under paragraph (1) not more than 30 (a) DEFERMENT PERIOD.—
Provisions Act (20 U.S.C. 1225(b)). days after the date on which such request is (1) IN GENERAL.—Notwithstanding any pro-
(2) STATE AND LOCALLY-REQUESTED WAIV- submitted. vision of title III of the Higher Education
ERS.—For a State educational agency, local (B) EXCEPTIONS.—The Secretary may dis- Act of 1965 (20 U.S.C. 1051 et seq.), or any reg-
educational agency, or Indian tribe that re- approve a waiver request submitted under ulation promulgated under such title, the
ceives funds under a program authorized paragraph (1), only if the Secretary deter- Secretary may grant a deferment, for the du-
under the Elementary and Secondary Edu- mines that— ration of a qualifying emergency, to an insti-
cation Act of 1965 (20 U.S.C. 6301 et seq.) that (i) the waiver request does not meet the re- tution that has received a loan under part D
requests a waiver under subsection (c), the quirements of this section; of title III of such Act (20 U.S.C. 1066 et seq.).
Secretary may waive statutory and regu- (ii) the waiver is not permitted pursuant to (2) TERMS.—During the deferment period
latory requirements under any of the fol- subsection (b)(2); or granted under this subsection—
lowing provisions of such Act: (iii) the description required under para- (A) the institution shall not be required to
(A) Section 1114(a)(1). graph (2)(C) provides insufficient informa- pay any periodic installment of principal or
(B) Section 1118(a) and section 8521. tion to demonstrate that the waiving of such interest required under the loan agreement
(C) Section 1127. requirements is necessary or appropriate for such loan; and
(D) Section 4106(d). consistent with subsection (a). (B) the Secretary shall make principal and
(E) Subparagraphs (C), (D), and (E) of sec- (4) DURATION.—A waiver approved by the interest payments otherwise due under the
tion 4106(e)(2). Secretary under this section may be for a pe- loan agreement.
(F) Section 4109(b). riod not to exceed the 2019–2020 academic (3) CLOSING.—At the closing of a loan de-
(G) The definition under section 8101(42) for year, except to carry out full implementa- ferred under this subsection, terms shall be
purposes of the Elementary and Secondary tion of any maintenance of effort waivers set under which the institution shall be re-
Education Act of 1965 (20 U.S.C. 6301 et seq.). granted during the 2019–2020 academic year. quired to repay the Secretary for the pay-
(3) APPLICABILITY TO CHARTER SCHOOLS.— (d) REPORTING AND PUBLICATION.— ments of principal and interest made by the
Any waivers issued by the Secretary under Secretary during the deferment, on a sched-
(1) PUBLIC NOTICE.—A State educational
this section shall be implemented, as appli- ule that begins upon repayment to the lender
agency, Indian Tribe, or local educational
cable— in full on the loan agreement, except in no
agency requesting a waiver under subsection
(A) for all public schools, including public case shall repayment be required to begin be-
(b)(2) shall provide the public and all local
charter schools within the boundaries of the fore the date that is 1 full fiscal year after
educational agencies in the State with no-
recipient of the waiver; the date that is the end of the qualifying
tice of, and the opportunity to comment on,
(B) in accordance with State charter
the request by posting information regarding emergency.
school law; and (b) TERMINATION DATE.—
the waiver request and the process for com-
(C) pursuant to section 1111(c)(5) of the Ele- (1) IN GENERAL.—The authority provided
mentary and Secondary Education Act of menting on the State website.
(2) NOTIFYING CONGRESS.—Not later than 7 under this section to grant a loan deferment
1965 (20 U.S.C. 6311(c)(5)). under subsection (a) shall terminate on the
(4) LIMITATION.—Nothing in this section days after granting a waiver under this sec-
tion, the Secretary shall notify the Com- date on which the qualifying emergency is
shall be construed to allow the Secretary to no longer in effect.
waive any statutory or regulatory require- mittee on Health, Education, Labor, and
Pensions of the Senate, the Committee on (2) DURATION.—Any provision of a loan
ments under applicable civil rights laws. agreement or insurance agreement modified
(5) ACCOUNTABILITY AND IMPROVEMENT.— Appropriations of the Senate, the Committee
on Education and Labor of the House of Rep- by the authority under this section shall re-
Any school located in a State that receives a
resentatives, and the Committee on Appro- main so modified for the duration of the pe-
waiver under paragraph (1) and that is iden-
priations of the House of Representatives of riod covered by the loan agreement or insur-
tified for comprehensive support and im-
such waiver. ance agreement.
provement, targeted support and improve- (c) REPORT.—Not later than 180 days after
ment, or additional targeted support in the (3) PUBLICATION.—Not later than 30 days
after granting a waiver under this section, the date of enactment of this Act, and every
2019-2020 school year under section 180 days thereafter during the period begin-
1111(c)(4)(D) or section 1111(d)(2) of the Ele- the Secretary shall publish a notice of the
Secretary’s decision (including which waiver ning on the first day of the qualifying emer-
mentary and Secondary Education Act of gency and ending on September 30 of the fis-
1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall was granted and the reason for granting the
waiver) in the Federal Register and on the cal year following the end of the qualifying
maintain that identification status in the emergency, the Secretary shall submit to
2020-2021 school year and continue to receive website of the Department of Education.
(4) REPORT.—Not later than 30 days after the authorizing committees (as defined in
supports and interventions consistent with section 103 of the Higher Education Act of
the school’s support and improvement plan the date of enactment of this Act, the Sec-
retary shall prepare and submit a report to 1965 (20 U.S.C. 1003)) a report that identifies
in the 2020-2021 school year. each institution that received assistance
(c) STATE AND LOCAL REQUESTS FOR WAIV- the Committee on Health, Education, Labor,
and Pensions and the Committee on Appro- under this section.
ERS.— (d) FUNDING.—There is hereby appro-
(1) IN GENERAL.—A State educational agen- priations of the Senate, and the Committee
priated, out of any money in the Treasury
cy, local educational agency, or Indian tribe on Education and Labor and the Committee
not otherwise appropriated, $62,000,000 to
that desires a waiver from any statutory or on Appropriations of the House of Represent- carry out this section.
regulatory provision described under sub- atives, with recommendations on any addi-
SEC. 3513. TEMPORARY RELIEF FOR FEDERAL
section (b)(2), may submit a waiver request tional waivers under the Individuals with STUDENT LOAN BORROWERS.
to the Secretary in accordance with this sub- Disabilities Education Act (20 U.S.C. 1401 et (a) IN GENERAL.—The Secretary shall sus-
section. seq.), the Rehabilitation Act of 1973 (29 pend all payments due for loans made under
(2) REQUESTS SUBMITTED.—A request for a U.S.C. 701 et seq.), the Elementary and Sec- part D and part B (that are held by the De-
waiver under this subsection shall— ondary Education Act of 1965 (20 U.S.C. 6301 partment of Education) of title IV of the
(A) identify the Federal programs affected et seq.), and the Carl D. Perkins Career and Higher Education Act of 1965 (20 U.S.C. 1087a
by the requested waiver; Technical Education Act of 2006 (20 U.S.C. et seq.; 1071 et seq.) through September 30,
(B) describe which Federal statutory or 2301 et seq.) the Secretary believes are nec- 2020.
regulatory requirements are to be waived; essary to be enacted into law to provide lim- (b) NO ACCRUAL OF INTEREST.—Notwith-
(C) describe how the emergency involving ited flexibility to States and local edu- standing any other provision of the Higher
Federal primary responsibility determined cational agencies to meet the needs of stu- Education Act of 1965 (20 U.S.C. 1001 et seq.),
to exist by the President under the section dents during the emergency involving Fed- interest shall not accrue on a loan described
501(b) of the Robert T. Stafford Disaster Re- eral primary responsibility determined to under subsection (a) for which payment was
lief and Emergency Assistance Act (42 U.S.C. exist by the President under section 501(b) of suspended for the period of the suspension.
5191(b)) with respect to the Coronavirus Dis- the Robert T. Stafford Disaster Relief and (c) CONSIDERATION OF PAYMENTS.—Notwith-
ease 2019 (COVID-19) prevents or otherwise Emergency Assistance Act (42 U.S.C. 5191(b)) standing any other provision of the Higher
restricts the ability of the State, State edu- with respect to the Coronavirus Disease 2019 Education Act of 1965 (20 U.S.C. 1001 et seq.),
cational agency, local educational agency, (COVID-19). the Secretary shall deem each month for
Indian tribe, or school to comply with such (e) TERMS.—In this section, the term which a loan payment was suspended under
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statutory or regulatory requirements; and ‘‘State educational agency’’ includes the Bu- this section as if the borrower of the loan
(D) provide an assurance that the State reau of Indian Education, and the term had made a payment for the purpose of any
educational agency, local educational agen- ‘‘local educational agency’’ includes Bureau loan forgiveness program or loan rehabilita-
cy, or Indian tribe will work to mitigate any of Indian Education funded schools operated tion program authorized under part D or B of
negative effects, if any, that may occur as a pursuant to a grant under the Tribally Con- title IV of the Higher Education Act of 1965
result of the requested waiver. trolled Schools Act of 1988 (25 U.S.C. 2501 et (20 U.S.C. 1087a et seq.; 1071 et seq.) for which
(3) SECRETARY APPROVAL.— seq.), or a contract under the Indian Self-De- the borrower would have otherwise qualified.
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S2098 CONGRESSIONAL RECORD — SENATE March 25, 2020
(d) REPORTING TO CONSUMER REPORTING 1990 (42 U.S.C. 12501 et seq.), the Corporation ted to a single State local area) under sub-
AGENCIES.—During the period in which the for National and Community Service shall title B of title I of such Act (29 U.S.C. 3151 et
Secretary suspends payments on a loan allow an individual described in subpara- seq.) for program year 2019, not more than 20
under subsection (a), the Secretary shall en- graph (B) to accrue other service hours that percent of the total amount may be used for
sure that, for the purpose of reporting infor- will count toward the number of hours need- the administrative costs of carrying out
mation about the loan to a consumer report- ed for the individual’s education award. local workforce investment activities under
ing agency, any payment that has been sus- (B) AFFECTED INDIVIDUALS.—Subparagraph chapter 2 or chapter 3 of subtitle B of title I
pended is treated as if it were a regularly (A) shall apply to any individual serving in a of such Act, if the portion of the total
scheduled payment made by a borrower. position eligible for an educational award amount that exceeds 10 percent of the total
(e) SUSPENDING INVOLUNTARY COLLECTION.— under subtitle D of title I of the National amount is used to respond to a qualifying
During the period in which the Secretary and Community Service Act of 1990 (42 U.S.C. emergency.
suspends payments on a loan under sub- 12601 et seq.)— (b) RAPID RESPONSE ACTIVITIES.—
section (a), the Secretary shall suspend all (i) who is performing limited service due to (1) STATEWIDE RAPID RESPONSE.—Of the
involuntary collection related to the loan, COVID-19; or funds reserved by a Governor for program
including— (ii) whose position has been suspended or year 2019 for statewide activities under sec-
(1) a wage garnishment authorized under placed on hold due to COVID-19. tion 128(a) of the Workforce Innovation and
section 488A of the Higher Education Act of (2) PROVISIONS IN CASE OF EARLY EXIT.—In Opportunity Act (29 U.S.C. 3163(a)) that re-
1965 (20 U.S.C. 1095a) or section 3720D of title any case where an individual serving in a po- main unobligated, such funds may be used
31, United States Code; sition eligible for an educational award for statewide rapid response activities as de-
(2) a reduction of tax refund by amount of under subtitle D of title I of the National scribed in section 134(a)(2)(A) of such Act (29
debt authorized under section 3720A of title and Community Service Act of 1990 (42 U.S.C. U.S.C. 3174(a)(2)(A)) for responding to a
31, United States Code, or section 6402(d) of 12601 et seq.) was required to exit the posi- qualifying emergency.
the Internal Revenue Code of 1986; tion early at the direction of the Corporation (2) LOCAL BOARDS.—Of the funds reserved
(3) a reduction of any other Federal benefit for National and Community Service, the by a Governor for program year 2019 under
payment by administrative offset authorized Chief Executive Officer of the Corporation section 133(a)(2) of such Act (29 U.S.C.
under section 3716 of title 31, United States for National and Community Service may— 3173(a)(2)) that remain unobligated, such
Code (including a benefit payment due to an (A) deem such individual as having met the funds may be released within 30 days after
individual under the Social Security Act or requirements of the position; and the date of enactment of this Act to the
any other provision described in subsection (B) award the individual the full value of local boards most impacted by the
(c)(3)(A)(i) of such section); and the educational award under such subtitle coronavirus at the determination of the Gov-
(4) any other involuntary collection activ- for which the individual would otherwise ernor for rapid response activities related to
ity by the Secretary. have been eligible. responding to a qualifying emergency.
(f) WAIVERS.—In carrying out this section, (b) AVAILABILITY OF FUNDS.—Notwith- (c) DEFINITIONS.—Except as otherwise pro-
the Secretary may waive the application of— standing any other provision of law, all vided, the terms in this section have the
(1) subchapter I of chapter 35 of title 44, funds made available to the Corporation for meanings given the terms in section 3 of the
United States Code (commonly known as the National and Community Service under any Workforce Innovation and Opportunity Act
‘‘Paperwork Reduction Act’’); Act, including the amounts appropriated to (29 U.S.C. 3102).
(2) the master calendar requirements under the Corporation under the headings ‘‘OPER- SEC. 3516. TECHNICAL AMENDMENTS.
section 482 of the Higher Education Act of ATING EXPENSES’’, ‘‘SALARIES AND EXPENSES’’, (a) IN GENERAL.—
1965 (20 U.S.C. 1089); and ‘‘OFFICE OF THE INSPECTOR GENERAL’’ (1) Section 6103(a)(3) of the Internal Rev-
(3) negotiated rulemaking under section under the heading ‘‘CORPORATION FOR NA- enue Code of 1986, as amended by the FU-
492 of the Higher Education Act of 1965 (20 TIONAL AND COMMUNITY SERVICE’’ under title TURE Act (Public Law 116-91), is further
U.S.C. 1098a); and IV of Division A of the Further Consolidated amended by striking ‘‘(13), (16)’’ and insert-
(4) the requirement to publish the notices Appropriations Act, 2020 (Public Law 116–94), ing ‘‘(13)(A), (13)(B), (13)(C), (13)(D)(i), (16)’’.
related to the system of records of the agen- shall remain available for the fiscal year (2) Section 6103(p)(3)(A) of such Code, as so
cy before implementation required under ending September 30, 2021. amended, is further amended by striking
paragraphs (4) and (11) of section 552a(e) of (c) NO REQUIRED RETURN OF GRANT ‘‘(12),’’ and inserting ‘‘(12), (13)(A), (13)(B),
title 5, United States Code (commonly FUNDS.—Notwithstanding section (13)(C), (13)(D)(i)’’.
known as the ‘‘Privacy Act of 1974’’), except 129(l)(3)(A)(i) of the National and Community (3) Section 6103(p)(4) of such Code, as so
that the notices shall be published not later Service Act of 1990 (42 U.S.C. amended, is further amended by striking
than 180 days after the date of enactment of 12581(l)(3)(A)(i)), the Chief Executive Officer ‘‘(13) or (16)’’ each place it appears and in-
this Act. of the Corporation for National and Commu- serting ‘‘(13), or (16)’’.
(g) NOTICE TO BORROWERS AND TRANSITION (4) Section 6103(p)(4) of such Code, as so
nity Service may permit fixed-amount grant
PERIOD.—To inform borrowers of the actions amended and as amended by paragraph (3), is
recipients under such section 129(l) to main-
taken in accordance with this section and further amended by striking ‘‘(13)’’ each
tain a pro rata amount of grant funds, at the
ensure an effective transition, the Secretary place it appears and inserting ‘‘(13)(A),
discretion of the Corporation for National
shall— (13)(B), (13)(C), (13)(D)(i)’’.
and Community Service, for participants
(1) not later than 15 days after the date of (5) Section 6103(l)(13)(C)(ii) of such Code, as
who exited, were suspended, or are serving in
enactment of this Act, notify borrowers— added by the FUTURE Act (Public Law 116-
a limited capacity due to COVID-19, to en-
(A) of the actions taken in accordance with 91), is amended by striking ‘‘section
able the grant recipients to maintain oper-
subsections (a) and (b) for whom payments 236A(e)(4)’’ and inserting ‘‘section
ations and to accept participants.
have been suspended and interest waived; 263A(e)(4)’’.
(d) EXTENSION OF TERMS AND AGE LIMITS.—
(B) of the actions taken in accordance with (b) EFFECTIVE DATE.—The amendments
Notwithstanding any other provision of law,
subsection (e) for whom collections have made by this section shall apply as if in-
the Corporation for National and Commu-
been suspended; cluded in the enactment of the FUTURE Act
nity Service may extend the term of service
(C) of the option to continue making pay- (Public Law 116-91).
(for a period not to exceed the 1-year period
ments toward principal; and SEC. 3517. WAIVER AUTHORITY AND REPORTING
immediately following the end of the na-
(D) that the program under this section is REQUIREMENT FOR INSTITUTIONAL
tional emergency) or waive any upper age AID.
a temporary program.
limit (except in no case shall the maximum (a) WAIVER AUTHORITY.—Notwithstanding
(2) beginning on August 1, 2020, carry out a
age exceed 26 years of age) for national serv- any other provision of the Higher Education
program to provide not less than 6 notices by
ice programs carried out by the National Ci- Act of 1965 (U.S.C. 1001 et seq.), unless en-
postal mail, telephone, or electronic commu-
vilian Community Corps under subtitle E of acted with specific reference to this section,
nication to borrowers indicating—
title I of the National and Community Serv- for any institution of higher education that
(A) when the borrower’s normal payment
ice Act of 1990 (42 U.S.C. 12611 et seq.), and was receiving assistance under title III, title
obligations will resume; and
the participants in such programs, for the V, or subpart 4 of part A of title VII of such
(B) that the borrower has the option to en-
purposes of— Act (20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a
roll in income-driven repayment, including a
(1) addressing disruptions due to COVID-19; et seq.) at the time of a qualifying emer-
brief description of such options.
and gency, the Secretary may, for the period be-
SEC. 3514. PROVISIONS RELATED TO THE COR-
PORATION FOR NATIONAL AND COM- (2) minimizing the difficulty in returning ginning on the first day of the qualifying
MUNITY SERVICE. to full operation due to COVID-19 on such emergency and ending on September 30 of
dlhill on DSKBBY8HB2PROD with SENATE
(a) ACCRUAL OF SERVICE HOURS.— programs and participants. the fiscal year following the end of the quali-
(1) ACCRUAL THROUGH OTHER SERVICE SEC. 3515. WORKFORCE RESPONSE ACTIVITIES. fying emergency—
HOURS.— (a) ADMINISTRATIVE COSTS.—Notwith- (1) waive—
(A) IN GENERAL.—Notwithstanding any standing section 128(b)(4) of the Workforce (A) the eligibility data requirements set
other provision of the Domestic Volunteer Innovation Opportunity Act (29 U.S.C. forth in section 391(d) and 521(e) of the High-
Service Act of 1973 (42 U.S.C. 4950 et seq.) or 3163(b)(4)), of the total amount allocated to a er Education Act of 1965 (20 U.S.C. 1068(d);
the National and Community Service Act of local area (including the total amount allot- 1103(e));
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2099
(B) the wait-out period set forth in section tember 30 of the fiscal year following the end taking leave for a reason described in para-
313(d) of the Higher Education Act of 1965 (20 of the qualifying emergency. graph (1), (2), or (3) of section 5102(a); or
U.S.C. 1059(d)); (b) MATCHING REQUIREMENT MODIFICA- ‘‘(2) $200 per day and $2,000 in the aggregate
(C) the allotment requirements under para- TIONS.—Notwithstanding any other provision for each employee, when the employee is
graphs (2) and (3) of subsection 318(e) of the of the Higher Education Act of 1965 (20 U.S.C. taking leave for a reason described in para-
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Secretary is authorized to graph (4), (5), or (6) of section 5102(a).’’.
1059e(e)), and the reference to ‘‘the academic modify any Federal share or other financial SEC. 3603. UNEMPLOYMENT INSURANCE.
year preceding the beginning of that fiscal matching requirement for a grant awarded Section 903(h)(2)(B) of the Social Security
year’’ under such section 318(e)(1); on a competitive basis or a grant awarded Act (42 U.S.C. 1103(h)(2)(B)), as added by sec-
(D) the allotment requirements under sub- under part A or B of title III or subpart 4 of tion 4102 of the Emergency Unemployment
sections (b), (c), and (g) of section 324 of the part A of title VII of the Higher Education Insurance Stabilization and Access Act of
Higher Education Act of 1965 (20 U.S.C. 1063), Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; 2020, is amended to read as follows:
the reference to ‘‘the end of the school year 1136a et seq.) at the request of an institution ‘‘(B) The State ensures that applications
preceding the beginning of that fiscal year’’ of higher education or other grant recipient for unemployment compensation, and assist-
under such section 324(a), and the reference as a result of a qualifying emergency, for the ance with the application process, are acces-
to ‘‘the academic year preceding such fiscal period beginning on the first day of the sible, to the extent practicable in at least
year’’ under such section 324(h); qualifying emergency and ending on Sep- two of the following: in person, by phone, or
(E) subparagraphs (A), (C), (D), and (E) of tember 30 of the fiscal year following the end online.’’.
section 326(f)(3) of the Higher Education Act of the qualifying emergency.
SEC. 3604. OMB WAIVER OF PAID FAMILY AND
of 1965 (20 U.S.C. 1063b(f)(3)), and references (c) REPORTS.—Not later than 180 days after
PAID SICK LEAVE.
to ‘‘previous year’’ under such section the date of enactment of this Act, and every
(a) FAMILY AND MEDICAL LEAVE ACT OF
180 days thereafter for the duration of the
326(f)(3)(B); 1993.—Section 110(a) of title I of the Family
period beginning on the first day of the
(F) subparagraphs (A), (C), (D), and (E) of and Medical Leave Act of 1993 (29 U.S.C. 2611
qualifying emergency and ending on Sep-
section 723(f)(3) and subparagraphs (A), (C), et seq.) (as added by division C of the Fami-
tember 30 of the fiscal year following the end
(D), and (E) of section 724(f)(3) of the Higher lies First Coronavirus Response Act) is
of the qualifying emergency, the Secretary
Education Act of 1965 (20 U.S.C. 1136a(f)(3); amended by adding at the end the following
shall submit to the authorizing committees
1136b(f)(3)), and references to ‘‘previous aca- new paragraph:
(as defined in section 103 of the Higher Edu-
demic year’’ under subparagraph (B) of such ‘‘(4) The Director of the Office of Manage-
cation Act of 1965 (20 U.S.C. 1003)) a report
sections 723(f)(3) and 724(f)(3); and ment and Budget shall have the authority to
that identifies each institution of higher
(G) the allotment restriction set forth in exclude for good cause from the require-
education or other grant recipient that re-
section 318(d)(4) and section 323(c)(2) of the ceived a modification under this section. ments under subsection (b) certain employ-
Higher Education Act of 1965 (20 U.S.C. ers of the United States Government with re-
SEC. 3519. SERVICE OBLIGATIONS FOR TEACH-
1059e(d)(4); 1062(c)(2)); and ERS. spect to certain categories of Executive
(2) waive or modify any statutory or regu- (a) TEACH GRANTS.—For the purpose of sec- Branch employees.’’.
latory provision to ensure that institutions tion 420N of the Higher Education Act of 1965 (b) EMERGENCY PAID SICK LEAVE ACT.—The
that were receiving assistance under title (20 U.S.C. 1070g–2), during a qualifying emer- Emergency Paid Sick Leave Act (division E
III, title V, or subpart 4 of part A of title VII gency, the Secretary— of the Families First Coronavirus Response
of such Act (20 U.S.C. 1051 et seq.; 1101 et (1) may modify the categories of extenu- Act) is amended by adding at the end the fol-
seq.; 1136a et seq.) at the time of a qualifying ating circumstances under which a recipient lowing new section:
emergency are not adversely affected by any of a grant under subpart 9 of part A of title ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN
formula calculation for fiscal year 2020 and IV of the Higher Education Act of 1965 (20 EMPLOYEES.
for the period beginning on the first day of U.S.C. 1070g et seq.) who is unable to fulfill ‘‘The Director of the Office of Management
the qualifying emergency and ending on Sep- all or part of the recipient’s service obliga- and Budget shall have the authority to ex-
tember 30 of the fiscal year following the end tion may be excused from fulfilling that por- clude for good cause from the definition of
of the qualifying emergency, as necessary. tion of the service obligation; and employee under section 5110(1) certain em-
(b) USE OF UNEXPENDED FUNDS.—Any funds (2) shall consider teaching service that, as ployees described in subparagraphs (E) and
paid to an institution under title III, title V, (F) of such section, including by exempting
a result of a qualifying emergency, is part-
or subpart 4 of part A of title VII of the certain United States Government employ-
time or temporarily interrupted, to be full-
Higher Education Act of 1965 (20 U.S.C. 1051 ers covered by section 5110(2)(A)(i)(V) from
time service and to fulfill the service obliga-
et seq.; 1101 et seq.; 1136a et seq.) and not ex- the requirements of this title with respect to
tions under such section 420N.
pended or used for the purposes for which the (b) TEACHER LOAN FORGIVENESS.—Notwith- certain categories of Executive Branch em-
funds were paid to the institution during the standing section 428J or 460 of the Higher ployees.’’.
5-year period following the date on which the Education Act of 1965 (20 U.S.C. 1078–10; SEC. 3605. PAID LEAVE FOR REHIRED EMPLOY-
funds were first paid to the institution, may 1087j), the Secretary shall waive the require- EES.
be carried over and expended during the suc- ments under such sections that years of Section 110(a)(1)(A) of the Family and Med-
ceeding 5-year period. teaching service shall be consecutive if— ical Leave Act of 1993, as added by section
(c) REPORT.—Not later than 180 days after 3102 of the Emergency Family and Medical
(1) the teaching service of a borrower is
the date of enactment of this Act, and every
temporarily interrupted due to a qualifying Leave Expansion Act, is amended to read as
180 days thereafter for the period beginning
emergency; and follows:
on the first day of the qualifying emergency
(2) after the temporary interruption due to ‘‘(A) ELIGIBLE EMPLOYEE.—
and ending on September 30 of the fiscal year
a qualifying emergency, the borrower re- ‘‘(i) IN GENERAL.—In lieu of the definition
following the end of the qualifying emer-
sumes teaching service and completes a total in sections 101(2)(A) and 101(2)(B)(ii), the
gency, the Secretary shall submit to the au-
of 5 years of qualifying teaching service term ‘eligible employee’ means an employee
thorizing committees (as defined in section
under such sections, including qualifying who has been employed for at least 30 cal-
103 of the Higher Education Act of 1965 (20
teaching service performed before, during, endar days by the employer with respect to
U.S.C. 1003)) a report that identifies each in-
and after such qualifying emergency. whom leave is requested under section
stitution that received a waiver or modifica-
Subtitle C—Labor Provisions 102(a)(1)(F).
tion under this section.
SEC. 3601. LIMITATION ON PAID LEAVE. ‘‘(ii) RULE REGARDING REHIRED EMPLOY-
SEC. 3518. AUTHORIZED USES AND OTHER MODI-
EES.—For purposes of clause (i), the term
FICATIONS FOR GRANTS. Section 110(b)(2)(B) of the Family and Med-
(a) IN GENERAL.—The Secretary is author- ical Leave Act of 1993 (as added by the Emer- ‘employed for at least 30 calendar days’, used
ized to modify the required and allowable gency Family and Medical Leave Expansion with respect to an employee and an employer
uses of funds for grants awarded under part Act) is amended by striking clause (ii) and described in clause (i), includes an employee
A or B of title III, chapter I or II of subpart inserting the following: who was laid off by that employer not earlier
2 of part A of title IV, title V, or subpart 4 ‘‘(ii) LIMITATION.—An employer shall not than March 1, 2020, had worked for the em-
of part A of title VII of the Higher Education be required to pay more than $200 per day ployer for not less than 30 of the last 60 cal-
Act of 1965 (20 U.S.C. 1057 et seq.; 1060 et seq.; and $10,000 in the aggregate for each em- endar days prior to the employee’s layoff,
1070a–11 et seq.; 1070a–21 et seq.; 1101 et seq.; ployee for paid leave under this section.’’. and was rehired by the employer.’’.
1136a et seq.) to an institution of higher edu- SEC. 3602. EMERGENCY PAID SICK LEAVE ACT SEC. 3606. ADVANCE REFUNDING OF CREDITS.
cation or other grant recipient (not includ- LIMITATION. (a) PAYROLL CREDIT FOR REQUIRED PAID
ing individual recipients of Federal student Section 5102 of the Emergency Paid Sick SICK LEAVE.—Section 7001 of division G of
dlhill on DSKBBY8HB2PROD with SENATE
financial assistance), at the request of an in- Leave Act (division E of the Families First the Families First Coronavirus Response Act
stitution of higher education or other recipi- Coronavirus Response Act) is amended by is amended—
ent of a grant (not including individual re- adding at the end the following: (1) in subsection (b)(4)(A)—
cipients of Federal student financial assist- ‘‘(f) LIMITATIONS.—An employer shall not (A) by striking ‘‘(A) In general.—If the
ance) as a result of a qualifying emergency, be required to pay more than either— amount’’ and inserting ‘‘(A)(i) Credit is re-
for the period beginning on the first day of ‘‘(1) $511 per day and $5,110 in the aggregate fundable.—If the amount’’; and
the qualifying emergency and ending on Sep- for each employee, when the employee is (B) by adding at the end the following:
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S2100 CONGRESSIONAL RECORD — SENATE March 25, 2020
‘‘(ii) ADVANCING CREDIT.—In anticipation of Employee Retirement Income Security Act tions of a contract, or other agreement,
the credit, including the refundable portion of 1974 (29 U.S.C. 1083(a))) which (but for this without consideration, to reimburse at the
under clause (i), the credit may be advanced, section) would otherwise be due under sec- minimum applicable contract billing rates
according to forms and instructions provided tion 430(j) of such Code (including quarterly not to exceed an average of 40 hours per
by the Secretary, up to an amount cal- contributions under paragraph (3) thereof) week any paid leave, including sick leave, a
culated under subsection (a), subject to the and section 303(j) of such Act (29 U.S.C. contractor provides to keep its employees or
limits under subsection (b), both calculated 1083(j)) (including quarterly contributions subcontractors in a ready state, including to
through the end of the most recent payroll under paragraph (3) thereof) during calendar protect the life and safety of Government
period in the quarter.’’; year 2020— and contractor personnel, but in no event be-
(2) in subsection (f)— (1) the due date for such contributions yond September 30, 2020. Such authority
(A) in paragraph (4), by striking ‘‘, and’’ shall be January 1, 2021, and shall apply only to a contractor whose em-
and inserting a comma; (2) the amount of each such minimum re- ployees or subcontractors cannot perform
(B) in paragraph (5), by striking the period quired contribution shall be increased by in- work on a site that has been approved by the
at the end and inserting ‘‘, and’’; and terest accruing for the period between the Federal Government, including a federally-
(C) by adding at the end the following: original due date (without regard to this sec- owned or leased facility or site, due to facil-
‘‘(6) regulations or other guidance to per- tion) for the contribution and the payment ity closures or other restrictions, and who
mit the advancement of the credit deter- date, at the effective rate of interest for the cannot telework because their job duties
mined under subsection (a).’’; and plan for the plan year which includes such cannot be performed remotely during the
public health emergency declared on Janu-
(3) by inserting after subsection (h) the fol- payment date.
(b) BENEFIT RESTRICTION STATUS.—For pur- ary 31, 2020 for COVID–19: Provided, That the
lowing new subsection:
poses of section 436 of the Internal Revenue maximum reimbursement authorized by this
‘‘(i) TREATMENT OF DEPOSITS.—The Sec-
section shall be reduced by the amount of
retary of the Treasury (or the Secretary’s Code of 1986 and section 206(g) of the Em-
credit a contractor is allowed pursuant to di-
delegate) shall waive any penalty under sec- ployee Retirement Income Security Act of
vision G of Public Law 116–127 and any appli-
tion 6656 of the Internal Revenue Code of 1986 1974 (29 U.S.C. 1056(g)), a plan sponsor may
cable credits a contractor is allowed under
for any failure to make a deposit of the tax elect to treat the plan’s adjusted funding
this Act.
imposed by section 3111(a) or 3221(a) of such target attainment percentage for the last
SEC. 3611. TECHNICAL CORRECTIONS.
Code if the Secretary determines that such plan year ending before January 1, 2020, as
the adjusted funding target attainment per- (1) Section 110(a)(3) of the Family and Med-
failure was due to the anticipation of the
centage for plan years which include cal- ical Leave Act of 1993 (as added by the Emer-
credit allowed under this section.’’.
gency and Medical Leave Expansion Act) is
(b) PAYROLL CREDIT FOR REQUIRED PAID endar year 2020.
amended by striking ‘‘553(d)(A)’’ and insert-
FAMILY LEAVE.—Section 7003 of division G of SEC. 3609. APPLICATION OF COOPERATIVE AND
SMALL EMPLOYER CHARITY PEN-
ing ‘‘553(d)(3)’’.
the Families First Coronavirus Response Act
SION PLAN RULES TO CERTAIN (2) Section 5111 of the Emergency Paid
is amended—
CHARITABLE EMPLOYERS WHOSE Sick Leave Act (division E of the Families
(1) in subsection (b)(3)— First Coronavirus Response Act) is amended
PRIMARY EXEMPT PURPOSE IS PRO-
(A) by striking ‘‘If the amount’’ and insert- VIDING SERVICES WITH RESPECT TO by striking ‘‘553(d)(A)’’ and inserting
ing ‘‘(A) Credit is refundable.—If the MOTHERS AND CHILDREN. ‘‘553(d)(3)’’.
amount’’; and (a) EMPLOYEE RETIREMENT INCOME SECU- (3) Section 110(c) of the Family and Med-
(B) by adding at the end the following: RITY ACT OF 1974.—Section 210(f)(1) of the ical Leave Act of 1993 (as added by the Emer-
‘‘(B) ADVANCING CREDIT.—In anticipation of Employee Retirement Income Security Act gency and Medical Leave Expansion Act) is
the credit, including the refundable portion of 1974 (29 U.S.C. 1060(f)(1)) is amended— amended by striking ‘‘subsection
under subparagraph (A), the credit may be (1) by striking ‘‘or’’ at the end of subpara- (a)(2)(A)(iii)’’ and inserting ‘‘subsection
advanced, according to forms and instruc- graph (B); (a)(2)(A)’’.
tions provided by the Secretary, up to an (2) by striking the period at the end of sub- (4) Section 3104 of the Emergency Family
amount calculated under subsection (a), sub- paragraph (C)(iv) and inserting ‘‘; or’’; and and Medical Leave Expansion Act (division C
ject to the limits under subsection (b), both (3) by inserting after subparagraph (C) the of the Families First Coronavirus Response
calculated through the end of the most re- following new subparagraph: Act) is amended—
cent payroll period in the quarter.’’; ‘‘(D) that, as of January 1, 2000, was main- (A) by striking ‘‘110(a)(B)’’ and inserting
(2) in subsection (f)— tained by an employer— ‘‘section 110(a)(1)(B) of the Family and Med-
(A) in paragraph (4), by striking ‘‘, and’’ ‘‘(i) described in section 501(c)(3) of the In- ical Leave Act of 1993’’; and
and inserting a comma; ternal Revenue Code of 1986, (B) by striking ‘‘section 107(a) for a viola-
(B) in paragraph (5), by striking the period ‘‘(ii) who has been in existence since at tion of section 102(a)(1)(F) if the employer
at the end and inserting ‘‘, and’’; and least 1938, does not meet the definition of employer set
(C) by adding at the end the following: ‘‘(iii) who conducts medical research di- forth in Section 101(4)(A)(i)’’ and inserting
‘‘(6) regulations or other guidance to per- rectly or indirectly through grant making, ‘‘section 107(a) of such Act for a violation of
mit the advancement of the credit deter- and section 102(a)(1)(F) of such Act if the em-
mined under subsection (a).’’; and ‘‘(iv) whose primary exempt purpose is to ployer does not meet the definition of em-
(c) by inserting after subsection (h) the fol- provide services with respect to mothers and ployer set forth in section 101(4)(A)(i) of such
lowing new subsection: children.’’. Act’’.
‘‘(i) TREATMENT OF DEPOSITS.—The Sec- (b) INTERNAL REVENUE CODE OF 1986.—Sec- (5) Section 5110(1) of the Emergency Paid
retary of the Treasury (or the Secretary’s tion 414(y)(1) of the Internal Revenue Code of Sick Leave Act (division E of the Families
delegate) shall waive any penalty under sec- 1986 is amended— First Coronavirus Response Act) is amend-
tion 6656 of the Internal Revenue Code of 1986 (1) by striking ‘‘or’’ at the end of subpara- ed—
for any failure to make a deposit of the tax graph (B); (A) in the matter preceding subparagraph
imposed by section 3111(a) or 3221(a) of such (2) by striking the period at the end of sub- (A), by striking ‘‘terms’’ and inserting
Code if the Secretary determines that such paragraph (C)(iv) and inserting ‘‘; or’’; and ‘‘term’’; and
failure was due to the anticipation of the (3) by inserting after subparagraph (C) the (B) in subparagraph (A)(i), by striking
credit allowed under this section.’’. following new subparagraph: ‘‘paragraph (5)(A)’’ and inserting ‘‘paragraph
SEC. 3607. EXPANSION OF DOL AUTHORITY TO ‘‘(D) that, as of January 1, 2000, was main- (2)(A)’’.
POSTPONE CERTAIN DEADLINES. tained by an employer— (6) Section 5110(2)(B)(ii) of the Emergency
Section 518 of the Employee Retirement ‘‘(i) described in section 501(c)(3), Paid Sick Leave Act (division E of the Fami-
Income Security Act of 1974 (29 U.S.C. 1148) is ‘‘(ii) who has been in existence since at lies First Coronavirus Response Act) is
amended by striking ‘‘or a terroristic or least 1938, amended by striking ‘‘clause (i)(IV)’’ and in-
military action (as defined in section ‘‘(iii) who conducts medical research di- serting ‘‘clause (i)(III)’’.
692(c)(2) of such Code), the Secretary may’’ rectly or indirectly through grant making, (7) Section 110(a)(3) of the Family and Med-
and inserting ‘‘a terroristic or military ac- and ical Leave Act of 1993 (as added by the Emer-
tion (as defined in section 692(c)(2) of such ‘‘(iv) whose primary exempt purpose is to gency and Medical Leave Expansion Act) is
Code), or a public health emergency declared provide services with respect to mothers and amended—
by the Secretary of Health and Human Serv- children.’’. (A) by striking ‘‘and’’ after the semicolon
ices pursuant to section 319 of the Public (c) EFFECTIVE DATE.—The amendments at the end of subparagraph (A);
Health Service Act, the Secretary may’’. made by this section shall apply to plan (B) by striking the period at end of sub-
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SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING years beginning after December 31, 2018. paragraph (B) and inserting ‘‘; and’’; and
RULES. SEC. 3610. FEDERAL CONTRACTOR AUTHORITY. (C) by adding at the end the following:
(a) DELAY IN PAYMENT OF MINIMUM RE- Notwithstanding any other provision of ‘‘(C) as necessary to carry out the purposes
QUIRED CONTRIBUTIONS.—In the case of any law, and subject to the availability of appro- of this Act, including to ensure consistency
minimum required contribution (as deter- priations, funds made available to an agency between this Act and Division E and Division
mined under section 430(a) of the Internal by this Act or any other Act may be used by G of the Families First Coronavirus Re-
Revenue Code of 1986 and section 303(a) of the such agency to modify the terms and condi- sponse Act.’’.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2101
(8) Section 5104(1) of the Emergency Paid (1) in subsection (b)(8), by striking ‘‘to an ices under the methodology for all-inclusive
Sick Leave Act (division E of the Families individual by a qualified provider (as defined rates (established by the Secretary) under
First Coronavirus Response Act) is amended in subsection (g)(3))’’ and all that follows section 1833(a)(3).’’.
by striking ‘‘and’’ after the semicolon and through the period and inserting ‘‘, the re- SEC. 3705. TEMPORARY WAIVER OF REQUIRE-
inserting ‘‘or’’. quirements of section 1834(m).’’; and MENT FOR FACE-TO-FACE VISITS BE-
(9) Section 5105 of the Emergency Paid (2) in subsection (g), by striking paragraph TWEEN HOME DIALYSIS PATIENTS
Sick Leave Act (division E of the Families (3). AND PHYSICIANS.
First Coronavirus Response Act) is amended SEC. 3704. ENHANCING MEDICARE TELEHEALTH Section 1881(b)(3)(B) of the Social Security
by adding at the end the following: SERVICES FOR FEDERALLY QUALI- Act (42 U.S.C. 1395rr(b)(3)(B)) is amended—
‘‘(c) INVESTIGATIONS AND COLLECTION OF FIED HEALTH CENTERS AND RURAL (1) in clause (i), by striking ‘‘clause (ii)’’
DATA.—The Secretary of Labor or his des- HEALTH CLINICS DURING EMER- and inserting ‘‘clauses (ii) and (iii)’’;
GENCY PERIOD. (2) in clause (ii), in the matter preceding
ignee may investigate and gather data to en-
sure compliance with this Act in the same Section 1834(m) of the Social Security Act subclause (I), by striking ‘‘Clause (i)’’ and in-
manner as authorized by sections 9 and 11 of (42 U.S.C. 1395m(m)) is amended— serting ‘‘Except as provided in clause (iii),
the Fair Labor Standards Act of 1938 (29 (1) in the first sentence of paragraph (1), by clause (i)’’; and
U.S.C. 209; 211).’’. striking ‘‘The Secretary’’ and inserting (3) by adding at the end the following new
‘‘Subject to paragraph (8), the Secretary’’; clause:
Subtitle D—Finance Committee
(2) in paragraph (2)(A), by striking ‘‘The ‘‘(iii) The Secretary may waive the provi-
SEC. 3701. EXEMPTION FOR TELEHEALTH SERV- Secretary’’ and inserting ‘‘Subject to para-
ICES. sions of clause (ii) during the emergency pe-
graph (8), the Secretary’’; riod described in section 1135(g)(1)(B).’’.
(a) IN GENERAL.—Paragraph (2) of section (3) in paragraph (4)—
223(c) of the Internal Revenue Code of 1986 is SEC. 3706. USE OF TELEHEALTH TO CONDUCT
(A) in subparagraph (A), by striking ‘‘The FACE-TO-FACE ENCOUNTER PRIOR
amended by adding at the end the following term’’ and inserting ‘‘Subject to paragraph TO RECERTIFICATION OF ELIGI-
new subparagraph: (8), the term’’; and BILITY FOR HOSPICE CARE DURING
‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCT- (B) in subparagraph (F)(i), by striking EMERGENCY PERIOD.
IBLE FOR TELEHEALTH.—In the case of plan Section 1814(a)(7)(D)(i) of the Social Secu-
‘‘The term’’ and inserting ‘‘Subject to para-
years beginning on or before December 31, graph (8), the term’’; and rity Act (42 U.S.C. 1395f(a)(7(D)(i)) is amend-
2021, a plan shall not fail to be treated as a (4) by adding at the end the following new ed—
high deductible health plan by reason of fail- paragraph: (1) by striking ‘‘a hospice’’ and inserting
ing to have a deductible for telehealth and ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR ‘‘(I) subject to subclause (II), a hospice’’; and
other remote care services.’’. FEDERALLY QUALIFIED HEALTH CENTERS AND (2) by inserting after subclause (I), as
(b) CERTAIN COVERAGE DISREGARDED.— added by paragraph (1), the following new
RURAL HEALTH CLINICS DURING EMERGENCY PE-
Clause (ii) of section 223(c)(1)(B) of the Inter- subclause:
RIOD.—
nal Revenue Code of 1986 is amended by ‘‘(II) during the emergency period de-
‘‘(A) IN GENERAL.—During the emergency
striking ‘‘or long-term care’’ and inserting
period described in section 1135(g)(1)(B)— scribed in section 1135(g)(1)(B), a hospice
‘‘long-term care, or (in the case of plan years
‘‘(i) the Secretary shall pay for telehealth physician or nurse practitioner may conduct
beginning on or before December 31, 2021)
services that are furnished via a tele- a face-to-face encounter required under this
telehealth and other remote care’’.
(c) EFFECTIVE DATE.—The amendments communications system by a Federally clause via telehealth, as determined appro-
made by this section shall take effect on the qualified health center or a rural health clin- priate by the Secretary; and’’.
date of the enactment of this Act. ic to an eligible telehealth individual en- SEC. 3707. ENCOURAGING USE OF TELE-
rolled under this part notwithstanding that COMMUNICATIONS SYSTEMS FOR
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-
the Federally qualified health center or HOME HEALTH SERVICES FUR-
COUNTER MEDICAL PRODUCTS AS
NISHED DURING EMERGENCY PE-
QUALIFIED MEDICAL EXPENSES. rural clinic providing the telehealth service RIOD.
(a) HSAS.—Section 223(d)(2) of the Internal is not at the same location as the bene-
With respect to home health services (as
Revenue Code of 1986 is amended— ficiary; defined in section 1861(m) of the Social Secu-
(1) by striking the last sentence of sub- ‘‘(ii) the amount of payment to a Federally rity Act (42 U.S.C. 1395x(m)) that are fur-
paragraph (A) and inserting the following: qualified health center or rural health clinic nished during the emergency period de-
‘‘For purposes of this subparagraph, amounts that serves as a distant site for such a tele- scribed in section 1135(g)(1)(B) of such Act (42
paid for menstrual care products shall be health service shall be determined under U.S.C. 1320b–5(g)(1)(B)), the Secretary of
treated as paid for medical care.’’; and subparagraph (B); and Health and Human Services shall consider
(2) by adding at the end the following new ‘‘(iii) for purposes of this subsection— ways to encourage the use of telecommuni-
subparagraph: ‘‘(I) the term ‘distant site’ includes a Fed- cations systems, including for remote pa-
‘‘(D) MENSTRUAL CARE PRODUCT.—For pur- erally qualified health center or rural health tient monitoring as described in section
poses of this paragraph, the term ‘menstrual clinic that furnishes a telehealth service to 409.46(e) of title 42, Code of Federal Regula-
care product’ means a tampon, pad, liner, an eligible telehealth individual; and tions (or any successor regulations) and
cup, sponge, or similar product used by indi- ‘‘(II) the term ‘telehealth services’ includes other communications or monitoring serv-
viduals with respect to menstruation or a rural health clinic service or Federally ices, consistent with the plan of care for the
other genital-tract secretions.’’. qualified health center service that is fur- individual, including by clarifying guidance
(b) ARCHER MSAS.—Section 220(d)(2)(A) of nished using telehealth to the extent that and conducting outreach, as appropriate.
such Code is amended by striking the last payment codes corresponding to services SEC. 3708. IMPROVING CARE PLANNING FOR
sentence and inserting the following: ‘‘For identified by the Secretary under clause (i) MEDICARE HOME HEALTH SERV-
purposes of this subparagraph, amounts paid or (ii) of paragraph (4)(F) are listed on the ICES.
for menstrual care products (as defined in corresponding claim for such rural health (a) PART A PROVISIONS.—Section 1814(a) of
section 223(d)(2)(D)) shall be treated as paid clinic service or Federally qualified health the Social Security Act (42 U.S.C. 1395f(a)) is
for medical care.’’. center service. amended—
(c) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(B) SPECIAL PAYMENT RULE.— (1) in paragraph (2)—
MENTS AND HEALTH REIMBURSEMENT AR-
‘‘(i) IN GENERAL.—The Secretary shall de- (A) in the matter preceding subparagraph
RANGEMENTS.—Section 106 of such Code is
velop and implement payment methods that (A), by inserting ‘‘, a nurse practitioner or
amended by striking subsection (f) and in- apply under this subsection to a Federally clinical nurse specialist (as such terms are
serting the following new subsection:
qualified health center or rural health clinic defined in section 1861(aa)(5)) who is working
‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE
PRODUCTS.—For purposes of this section and that serves as a distant site that furnishes a in accordance with State law, or a physician
section 105, expenses incurred for menstrual telehealth service to an eligible telehealth assistant (as defined in section 1861(aa)(5))
care products (as defined in section individual during such emergency period. who is working in accordance with State
223(d)(2)(D)) shall be treated as incurred for Such payment methods shall be based on law, who is’’ after ‘‘in the case of services de-
medical care.’’. payment rates that are similar to the na- scribed in subparagraph (C), a physician’’;
(d) EFFECTIVE DATES.— tional average payment rates for comparable and
(1) DISTRIBUTIONS FROM SAVINGS AC- telehealth services under the physician fee (B) in subparagraph (C)—
COUNTS.—The amendment made by sub- schedule under section 1848. Notwithstanding (i) by inserting ‘‘, a nurse practitioner, a
sections (a) and (b) shall apply to amounts any other provision of law, the Secretary clinical nurse specialist, or a physician as-
paid after December 31, 2019. may implement such payment methods sistant (as the case may be)’’ after ‘‘physi-
(2) REIMBURSEMENTS.—The amendment through program instruction or otherwise. cian’’ the first 2 times it appears; and
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made by subsection (c) shall apply to ex- ‘‘(ii) EXCLUSION FROM FQHC PPS CALCULA- (ii) by striking ‘‘, and, in the case of a cer-
penses incurred after December 31, 2019. TION AND RHC AIR CALCULATION.—Costs associ- tification made by a physician’’ and all that
SEC. 3703. INCREASING MEDICARE TELEHEALTH ated with telehealth services shall not be follows through ‘‘face-to-face encounter’’ and
FLEXIBILITIES DURING EMERGENCY used to determine the amount of payment inserting ‘‘, and, in the case of a certification
PERIOD. for Federally qualified health center services made by a physician after January 1, 2010, or
Section 1135 of the Social Security Act (42 under the prospective payment system under by a nurse practitioner, clinical nurse spe-
U.S.C. 1320b–5) is amended— section 1834(o) or for rural health clinic serv- cialist, or physician assistant (as the case
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S2102 CONGRESSIONAL RECORD — SENATE March 25, 2020
may be) after a date specified by the Sec- by section 3708 of the CARES Act the Sec- under title XIX of the Social Security Act in
retary (but in no case later than the date retary shall prescribe regulations which the same manner and to the same extent as
that is 6 months after the date of the enact- shall become effective no later than 6 such requirements apply under title XVIII of
ment of the CARES Act), prior to making months after the enactment of such Act)’’ such Act or regulations promulgated there-
such certification a physician, nurse practi- after ‘‘1981’’; and under.
tioner, clinical nurse specialist, or physician (C) by striking ‘‘a physician who’’ and in- (f) EFFECTIVE DATE.—The Secretary of
assistant must document that a physician, serting ‘‘a physician, nurse practitioner, Health and Human Services shall prescribe
nurse practitioner, clinical nurse specialist, clinical nurse specialist, or physician assist- regulations to apply the amendments made
certified nurse-midwife (as defined in section ant who’’; by this section to items and services fur-
1861(gg)) as authorized by State law, or phy- (4) in the fifth sentence, by inserting ‘‘, nished, which shall become effective no later
sician assistant has had a face-to-face en- nurse practitioner, clinical nurse specialist, than 6 months after the date of the enact-
counter’’; or physician assistant’’ after ‘‘physician’’; ment of this legislation. The Secretary shall
(2) in the third sentence— and promulgate an interim final rule if nec-
(A) by striking ‘‘physician certification’’ (5) in the sixth sentence— essary, to comply with the required effective
and inserting ‘‘certification’’; (A) by inserting ‘‘or no later than 6 months date.
(B) by inserting ‘‘(or in the case of regula- after the date of the enactment of the SEC. 3709. ADJUSTMENT OF SEQUESTRATION.
tions to implement the amendments made CARES Act for purposes of documentation (a) TEMPORARY SUSPENSION OF MEDICARE
by section 3708 of the CARES Act, the Sec- for certification and recertification made SEQUESTRATION.—During the period begin-
retary shall prescribe regulations, which under paragraph (2) by a nurse practitioner, ning on May 1, 2020 and ending on December
shall become effective no later than 6 clinical nurse specialist, or physician assist- 31, 2020, the Medicare programs under title
months after the date of the enactment of ant,’’ after ‘‘January 1, 2019’’; and XVIII of the Social Security Act (42 U.S.C.
such Act)’’ after ‘‘1981’’; and (B) by inserting ‘‘, nurse practitioner, clin- 1395 et seq.) shall be exempt from reduction
(C) by striking ‘‘a physician who’’ and in- ical nurse specialist, or physician assistant’’ under any sequestration order issued before,
serting ‘‘a physician, nurse practitioner, after ‘‘of the physician’’. on, or after the date of enactment of this
clinical nurse specialist, or physician assist- (c) DEFINITION PROVISIONS.— Act.
ant who’’; (1) HOME HEALTH SERVICES.—Section (b) EXTENSION OF DIRECT SPENDING REDUC-
(3) in the fourth sentence, by inserting ‘‘, 1861(m) of the Social Security Act (42 U.S.C. TIONS THROUGH FISCAL YEAR 2030.—Section
nurse practitioner, clinical nurse specialist, 1395x(m)) is amended— 251A(6) of the Balanced Budget and Emer-
or physician assistant’’ after ‘‘physician’’; (A) in the matter preceding paragraph (1)— gency Deficit Control Act of 1985 (2 U.S.C.
and (i) by inserting ‘‘, a nurse practitioner or a 901a(6)) is amended—
(4) in the fifth sentence— clinical nurse specialist (as those terms are (1) in subparagraph (B), in the matter pre-
(A) by inserting ‘‘or no later than 6 months defined in subsection (aa)(5)), or a physician ceding clause (i), by striking ‘‘through 2029’’
after the date of the enactment of the assistant (as defined in subsection (aa)(5))’’ and inserting ‘‘through 2030’’; and
CARES Act for purposes of documentation after ‘‘physician’’ the first place it appears; (2) in subparagraph (C), in the matter pre-
for certification and recertification made and ceding clause (i), by striking ‘‘fiscal year
under paragraph (2) by a nurse practitioner, (ii) by inserting ‘‘, a nurse practitioner, a 2029’’ and inserting ‘‘fiscal year 2030’’.
clinical nurse specialist, or physician assist- clinical nurse specialist, or a physician as-
SEC. 3710. MEDICARE HOSPITAL INPATIENT PRO-
ant,’’ after ‘‘January 1, 2019’’; and sistant’’ after ‘‘physician’’ the second place SPECTIVE PAYMENT SYSTEM ADD-
(B) by inserting ‘‘, nurse practitioner, clin- it appears; and ON PAYMENT FOR COVID–19 PA-
ical nurse specialist, or physician assistant’’ (B) in paragraph (3), by inserting ‘‘, a nurse TIENTS DURING EMERGENCY PE-
after ‘‘of the physician’’. practitioner, a clinical nurse specialist, or a RIOD.
(b) PART B PROVISIONS.—Section 1835(a) of physician assistant’’ after ‘‘physician’’. (a) IN GENERAL.—Section 1886(d)(4)(C) of
the Social Security Act (42 U.S.C. 1395n(a)) is (2) HOME HEALTH AGENCY.—Section the Social Security Act (42 U.S.C.
amended— 1861(o)(2) of the Social Security Act (42 1395ww(d)(4)(C)) is amended by adding at the
(1) in paragraph (2)— U.S.C. 1395x(o)(2)) is amended— end the following new clause:
(A) in the matter preceding subparagraph (A) by inserting ‘‘, nurse practitioners or ‘‘(iv)(I) For discharges occurring during
(A), by inserting ‘‘, a nurse practitioner or clinical nurse specialists (as those terms are the emergency period described in section
clinical nurse specialist (as those terms are defined in subsection (aa)(5)), certified nurse- 1135(g)(1)(B), in the case of a discharge of an
defined in section 1861(aa)(5)) who is working midwives (as defined in subsection (gg)), or individual diagnosed with COVID–19, the
in accordance with State law, or a physician physician assistants (as defined in subsection Secretary shall increase the weighting factor
assistant (as defined in section 1861(aa)(5)) (aa)(5))’’ after ‘‘physicians’’; and that would otherwise apply to the diagnosis-
who is working in accordance with State (B) by inserting ‘‘, nurse practitioner, clin- related group to which the discharge is as-
law, who is’’ after ‘‘in the case of services de- ical nurse specialist, certified nurse-midwife, signed by 20 percent. The Secretary shall
scribed in subparagraph (A), a physician’’; physician assistant,’’ after ‘‘physician’’. identify a discharge of such an individual
and (3) COVERED OSTEOPOROSIS DRUG.—Section through the use of diagnosis codes, condition
(B) in subparagraph (A)— 1861(kk)(1) of the Social Security Act (42 codes, or other such means as may be nec-
(i) in each of clauses (ii) and (iii) of sub- U.S.C. 1395x(kk)(1)) is amended by inserting essary.
paragraph (A) by inserting ‘‘, a nurse practi- ‘‘, nurse practitioner or clinical nurse spe- ‘‘(II) Any adjustment under subclause (I)
tioner, a clinical nurse specialist, or a physi- cialist (as those terms are defined in sub- shall not be taken into account in applying
cian assistant (as the case may be)’’ after section (aa)(5)), certified nurse-midwife (as budget neutrality under clause (iii)
‘‘physician’’; and defined in subsection (gg)), or physician as- ‘‘(III) In the case of a State for which the
(ii) in clause (iv), by striking ‘‘after Janu- sistant (as defined in subsection (aa)(5))’’ Secretary has waived all or part of this sec-
ary 1, 2010’’ and all that follows through after ‘‘attending physician’’. tion under the authority of section 1115A,
‘‘face-to-face encounter’’ and inserting (d) HOME HEALTH PROSPECTIVE PAYMENT nothing in this section shall preclude such
‘‘made by a physician after January 1, 2010, SYSTEM PROVISIONS.—Section 1895 of the So- State from implementing an adjustment
or by a nurse practitioner, clinical nurse spe- cial Security Act (42 U.S.C. 1395fff) is amend- similar to the adjustment under subclause
cialist, or physician assistant (as the case ed— (I).’’.
may be) after a date specified by the Sec- (1) in subsection (c)(1)— (b) IMPLEMENTATION.—Notwithstanding
retary (but in no case later than the date (A) by striking ‘‘(provided under section any other provision of law, the Secretary
that is 6 months after the date of the enact- 1842(r))’’; and may implement the amendment made by
ment of the CARES Act), prior to making (B) by inserting ‘‘the nurse practitioner or subsection (a) by program instruction or oth-
such certification a physician, nurse practi- clinical nurse specialist (as those terms are erwise.
tioner, clinical nurse specialist, or physician defined in section 1861(aa)(5)), or the physi- SEC. 3711. INCREASING ACCESS TO POST-ACUTE
assistant must document that a physician, cian assistant (as defined in section CARE DURING EMERGENCY PERIOD.
nurse practitioner, clinical nurse specialist, 1861(aa)(5))’’ after ‘‘physician’’; and (a) WAIVER OF IRF 3-HOUR RULE.—With re-
certified nurse-midwife (as defined in section (2) in subsection (e)— spect to inpatient rehabilitation services
1861(gg)) as authorized by State law, or phy- (A) in paragraph (1)(A), by inserting ‘‘a furnished by a rehabilitation facility de-
sician assistant has had a face-to-face en- nurse practitioner or clinical nurse spe- scribed in section 1886(j)(1) of the Social Se-
counter’’; cialist, or a physician assistant’’ after ‘‘phy- curity Act (42 U.S.C. 1395ww(j)(1)) during the
(2) in the third sentence, by inserting ‘‘, sician’’; and emergency period described in section
nurse practitioner, clinical nurse specialist, (B) in paragraph (2)— 1135(g)(1)(B) of the Social Security Act (42
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or physician assistant (as the case may be)’’ (i) in the heading, by striking ‘‘PHYSICIAN U.S.C. 1320b–5(g)(1)(B)), the Secretary of
after physician; CERTIFICATION’’ and inserting ‘‘RULE OF CON- Health and Human Services shall waive sec-
(3) in the fourth sentence— STRUCTION REGARDING REQUIREMENT FOR CER- tion 412.622(a)(3)(ii) of title 42, Code of Fed-
(A) by striking ‘‘physician certification’’ TIFICATION’’; and eral Regulations (or any successor regula-
and inserting ‘‘certification’’; (ii) by striking ‘‘physician’’. tions), relating to the requirement that pa-
(B) by inserting ‘‘(or in the case of regula- (e) APPLICATION TO MEDICAID.—The amend- tients of an inpatient rehabilitation facility
tions to implement the amendments made ments made under this section shall apply receive at least 15 hours of therapy per week.
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2103
(b) WAIVER OF SITE-NEUTRAL PAYMENT (c) MEDICARE ADVANTAGE.—Section ‘‘(C) not a substitute for services that the
RATE PROVISIONS FOR LONG-TERM CARE HOS- 1852(a)(1)(B) of the Social Security Act (42 hospital is obligated to provide through its
PITALS.—With respect to inpatient hospital U.S.C. 1395w–22(a)(1)(B)) is amended— conditions of participation or under Federal
services furnished by a long-term care hos- (1) in clause (iv)— or State law, or under another applicable re-
pital described in section 1886(d)(1)(B)(iv) of (A) by redesignating subclause (VI) as sub- quirement; and
the Social Security Act (42 U.S.C. clause (VII); and ‘‘(D) designed to ensure smooth transitions
1395ww(d)(1)(B)(iv)) during the emergency pe- (B) by inserting after subclause (V) the fol- between acute care settings and home and
riod described in section 1135(g)(1)(B) of the lowing new subclause: community-based settings, and to preserve
Social Security Act (42 U.S.C. 1320b– ‘‘(VI) A COVID-19 vaccine and its adminis- the individual’s functional abilities.’’.
5(g)(1)(B)), the Secretary of Health and tration described in section 1861(s)(10)(A).’’; SEC. 3716. CLARIFICATION REGARDING UNIN-
Human Services shall waive the following and SURED INDIVIDUALS.
provisions of section 1886(m)(6) of such Act (2) in clause (v), by striking ‘‘subclauses Subsection (ss) of section 1902 of the Social
(42 U.S.C. 1395ww(m)(6)): (IV) and (V)’’ inserting ‘‘subclauses (IV), (V), Security Act (42 U.S.C. 1396a), as added by
(1) LTCH 50-PERCENT RULE.—Subparagraph and (VI)’’. section 6004(a)(3)(C) of the Families First
(C)(ii) of such section, relating to the pay- (d) EFFECTIVE DATE.—The amendments Coronavirus Response Act, is amended—
ment adjustment for long-term care hos- made by this section shall take effect on the (1) in paragraph (1), by inserting ‘‘(exclud-
pitals that do not have a discharge payment date of enactment of this Act and shall apply ing subclause (VIII) of such subsection if the
percentage for the period that is at least 50 with respect to a COVID-19 vaccine begin- individual is a resident of a State which does
percent. ning on the date that such vaccine is li- not furnish medical assistance to individuals
(2) SITE-NEUTRAL IPPS PAYMENT RATE.— censed under section 351 of the Public Health described in such subclause)’’ before the
Subparagraph (A)(i) of such section, relating Service Act (42 U.S.C. 262). semicolon; and
to the application of the site-neutral pay- (e) IMPLEMENTATION.—Notwithstanding (2) in paragraph (2), by inserting ‘‘, except
ment rate (and payment shall be made to a any other provision of law, the Secretary that individuals who are eligible for medical
long-term care hospital without regard to may implement the provisions of, and the assistance under subsection
such section) for a discharge if the admission amendments made by, this section by pro- (a)(10)(A)(ii)(XII), subsection
occurs during such emergency period and is gram instruction or otherwise. (a)(10)(A)(ii)(XVIII), subsection
in response to the public health emergency SEC. 3714. REQUIRING MEDICARE PRESCRIPTION (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C)
described in such section 1135(g)(1)(B). DRUG PLANS AND MA–PD PLANS TO (but only to the extent such an individual is
SEC. 3712. REVISING PAYMENT RATES FOR DURA- ALLOW DURING THE COVID-19
considered to not have minimum essential
BLE MEDICAL EQUIPMENT UNDER EMERGENCY PERIOD FOR FILLS
THE MEDICARE PROGRAM AND REFILLS OF COVERED PART D coverage under section 5000A(f)(1) of the In-
THROUGH DURATION OF EMER- DRUGS FOR UP TO A 3-MONTH SUP- ternal Revenue Code of 1986), or who are de-
GENCY PERIOD. PLY. scribed in subsection (l)(1)(A) and are eligible
(a) RURAL AND NONCONTIGUOUS AREAS.— (a) IN GENERAL.—Section 1860D–4(b) of the for medical assistance only because of sub-
The Secretary of Health and Human Services Social Security Act (42 U.S.C. 1395w–104(b)) is section (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX)
shall implement section 414.210(g)(9)(iii) of amended by adding at the end the following and whose eligibility for such assistance is
title 42, Code of Federal Regulations (or any new paragraph: limited by the State under clause (VII) in
successor regulation), to apply the transition ‘‘(4) ENSURING ACCESS DURING COVID-19 PUB- the matter following subsection (a)(10)(G),
rule described in such section to all applica- LIC HEALTH EMERGENCY PERIOD.— shall not be treated as enrolled in a Federal
ble items and services furnished in rural ‘‘(A) IN GENERAL.—During the emergency health care program for purposes of this
areas and noncontiguous areas (as such period described in section 1135(g)(1)(B), sub- paragraph’’ before the period at the end.
terms are defined for purposes of such sec- ject to subparagraph (B), a prescription drug SEC. 3717. CLARIFICATION REGARDING COV-
tion) as planned through December 31, 2020, plan or MA–PD plan shall, notwithstanding ERAGE OF COVID-19 TESTING PROD-
and through the duration of the emergency any cost and utilization management, medi- UCTS.
period described in section 1135(g)(1)(B) of cation therapy management, or other such Subparagraph (B) of section 1905(a)(3) of
the Social Security Act (42 U.S.C. 1320b– programs under this part, permit a part D el- the Social Security Act (42 U.S.C.
5(g)(1)(B)), if longer. igible individual enrolled in such plan to ob- 1396d(a)(3)), as added by section 6004(a)(1)(C)
(b) AREAS OTHER THAN RURAL AND NON- tain in a single fill or refill, at the option of of the Families First Coronavirus Response
CONTIGUOUS AREAS.—With respect to items such individual, the total day supply (not to Act (Public Law 116–127), is amended by
and services furnished on or after the date exceed a 90-day supply) prescribed for such striking ‘‘that are approved, cleared, or au-
that is 30 days after the date of the enact- individual for a covered part D drug. thorized under section 510(k), 513, 515 or 564
ment of this Act, the Secretary of Health ‘‘(B) SAFETY EDIT EXCEPTION.—A prescrip- of the Federal Food, Drug, and Cosmetic
and Human Services shall apply section tion drug plan or MA–PD plan may not per- Act’’.
414.210(g)(9)(iv) of title 42, Code of Federal mit a part D eligible individual to obtain a SEC. 3718. AMENDMENTS RELATING TO REPORT-
Regulations (or any successor regulation), as single fill or refill inconsistent with an ap- ING REQUIREMENTS WITH RESPECT
if the reference to ‘‘dates of service from plicable safety edit.’’. TO CLINICAL DIAGNOSTIC LABORA-
June 1, 2018 through December 31, 2020, based (b) IMPLEMENTATION.—Notwithstanding TORY TESTS.
on the fee schedule amount for the area is any other provision of law, the Secretary of (a) REVISED REPORTING PERIOD FOR RE-
equal to 100 percent of the adjusted payment Health and Human Services may implement PORTING OF PRIVATE SECTOR PAYMENT RATES
amount established under this section’’ were FOR ESTABLISHMENT OF MEDICARE PAYMENT
the amendment made by this section by pro-
instead a reference to ‘‘dates of service from RATES.—Section 1834A(a)(1)(B) of the Social
gram instruction or otherwise.
March 6, 2020, through the remainder of the Security Act (42 U.S.C. 1395m–1(a)(1)(B)) is
SEC. 3715. PROVIDING HOME AND COMMUNITY-
duration of the emergency period described amended—
BASED SERVICES IN ACUTE CARE
in section 1135(g)(1)(B) of the Social Security HOSPITALS. (1) in clause (i), by striking ‘‘December 31,
Act (42 U.S.C. 1320b–5(g)(1)(B)), based on the 2020’’ and inserting ‘‘December 31, 2021’’; and
Section 1902(h) of the Social Security Act
fee schedule amount for the area is equal to (2) in clause (ii)—
(42 U.S.C. 1396a(h)) is amended—
75 percent of the adjusted payment amount (A) by striking ‘‘January 1, 2021’’ and in-
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’;
established under this section and 25 percent
(2) by inserting ‘‘, home and community- serting ‘‘January 1, 2022’’; and
of the unadjusted fee schedule amount’’.
based services provided under subsection (c), (B) by striking ‘‘March 31, 2021’’ and insert-
SEC. 3713. COVERAGE OF THE COVID-19 VACCINE
UNDER PART B OF THE MEDICARE
(d), or (i) of section 1915 or under a waiver or ing ‘‘March 31, 2022’’.
PROGRAM WITHOUT ANY COST- demonstration project under section 1115, (b) REVISED PHASE-IN OF REDUCTIONS FROM
SHARING. self-directed personal assistance services PRIVATE PAYOR RATE IMPLEMENTATION.—Sec-
(a) MEDICAL AND OTHER HEALTH SERV- provided pursuant to a written plan of care tion 1834A(b)(3) of the Social Security Act (42
ICES.—Section 1861(s)(10)(A) of the Social Se- under section 1915(j), and home and commu- U.S.C. 1395m–1(b)(3)) is amended—
curity Act (42 U.S.C. 1395x(s)(10)(A)) is nity-based attendant services and supports (1) in subparagraph (A), by striking
amended by inserting ‘‘, and COVID-19 vac- under section 1915(k)’’ before the period; and ‘‘through 2023’’ and inserting ‘‘through 2024’’;
cine and its administration’’ after ‘‘influenza (3) by adding at the end the following: and
vaccine and its administration’’. ‘‘(2) Nothing in this title, title XVIII, or (2) in subparagraph (B)—
(b) PART B DEDUCTIBLE.—The first sen- title XI shall be construed as prohibiting re- (A) in clause (i), by striking ‘‘and’’ at the
tence of section 1833(b) of the Social Secu- ceipt of any care or services specified in end;
rity Act (42 U.S.C. 1395l(b)) is amended— paragraph (1) in an acute care hospital that (B) by redesignating clause (ii) as clause
dlhill on DSKBBY8HB2PROD with SENATE
(1) in paragraph (10), by striking ‘‘and’’ at are— (iii);
the end; and ‘‘(A) identified in an individual’s person- (C) by inserting after clause (i) the fol-
(2) in paragraph (11), by striking the period centered service plan (or comparable plan of lowing new clause:
at the end and inserting ‘‘, and (12) such de- care); ‘‘(ii) for 2021, 0 percent; and’’; and
ductible shall not apply with respect a ‘‘(B) provided to meet needs of the indi- (D) in clause (iii), as redesignated by sub-
COVID-19 vaccine and its administration de- vidual that are not met through the provi- paragraph (B), by striking ‘‘2021 through
scribed in section 1861(s)(10)(A).’’. sion of hospital services; 2023’’ and inserting ‘‘2022 through 2024’’.
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S2104 CONGRESSIONAL RECORD — SENATE March 25, 2020
SEC. 3719. EXPANSION OF THE MEDICARE HOS- Subtitle E—Health and Human Services amended by striking clauses (x) through (xii)
PITAL ACCELERATED PAYMENT Extenders and inserting the following new clauses:
PROGRAM DURING THE COVID-19
PART I—MEDICARE PROVISIONS ‘‘(x) for fiscal year 2020, of $5,000,000; and
PUBLIC HEALTH EMERGENCY.
‘‘(xi) for the period beginning on October 1,
SEC. 3801. EXTENSION OF THE WORK GEO-
Section 1815 of the Social Security Act (42 GRAPHIC INDEX FLOOR UNDER THE 2020, and ending on November 30, 2020, the
U.S.C. 1395g) is amended— MEDICARE PROGRAM. amount equal to the pro rata portion of the
(1) in subsection (e)(3), by striking ‘‘In the Section 1848(e)(1)(E) of the Social Security amount appropriated for such period for fis-
case’’ and inserting ‘‘Subject to subsection Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by cal year 2020.’’.
(f), in the case’’; and striking ‘‘May 23, 2020’’ and inserting ‘‘De- (4) ADDITIONAL FUNDING FOR CONTRACT WITH
(2) by adding at the end the following new cember 1, 2020’’. THE NATIONAL CENTER FOR BENEFITS AND OUT-
subsection: REACH ENROLLMENT.—Subsection (d)(2) of
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY
MEASURE ENDORSEMENT, INPUT, such section 119, as so amended, is amended
‘‘(f)(1) During the emergency period de-
AND SELECTION. by striking clauses (x) through (xii) and in-
scribed in section 1135(g)(1)(B), the Secretary serting the following new clauses:
(a) IN GENERAL.—Section 1890(d)(2) of the
shall expand the program under subsection ‘‘(x) for fiscal year 2020, of $12,000,000; and
Social Security Act (42 U.S.C. 1395aaa(d)(2))
(e)(3) pursuant to paragraph (2). ‘‘(xi) for the period beginning on October 1,
is amended—
‘‘(2) In expanding the program under sub- (1) in the first sentence, by striking ‘‘and 2020, and ending on November 30, 2020, the
section (e)(3), the following shall apply: $4,830,000 for the period beginning on October amount equal to the pro rata portion of the
‘‘(A)(i) In addition to the hospitals de- 1, 2019, and ending on May 22, 2020’’ and in- amount appropriated for such period for fis-
scribed in subsection (e)(3), the following serting ‘‘$20,000,000 for fiscal year 2020, and cal year 2020.’’.
hospitals shall be eligible to participate in for the period beginning on October 1, 2020, (b) EFFECTIVE DATE.—The amendments
the program: and ending on November 30, 2020, the amount made by subsection (a) shall take effect as if
‘‘(I) Hospitals described in clause (iii) of equal to the pro rata portion of the amount included in the enactment of the Further
section 1886(d)(1)(B). appropriated for such period for fiscal year Consolidated Appropriations Act, 2020 (Pub-
‘‘(II) Hospitals described in clause (v) of 2020’’; and lic Law 116–94).
such section. (2) in the third sentence, by striking ‘‘and PART II—MEDICAID PROVISIONS
‘‘(III) Critical access hospitals (as defined 2019 and for the period beginning on October SEC. 3811. EXTENSION OF THE MONEY FOLLOWS
in section 1861(mm)(1)). 1, 2019, and ending on May 22, 2020’’ and in- THE PERSON REBALANCING DEM-
‘‘(ii) Subject to appropriate safeguards serting ‘‘, 2019, and 2020, and for the period ONSTRATION PROGRAM.
against fraud, waste, and abuse, upon a re- beginning on October 1, 2020, and ending on Section 6071(h) of the Deficit Reduction
quest of a hospital described in clause (i), the November 30, 2020,’’. Act of 2005 (42 U.S.C. 1396a note) is amend-
Secretary shall provide accelerated pay- (b) EFFECTIVE DATE.—The amendments ed—
ments under the program to such hospital. made by subsection (a) shall take effect as if (1) in paragraph (1), by striking subpara-
‘‘(B) Upon the request of the hospital, the included in the enactment of the Further graph (G) and inserting the following:
Secretary may do any of the following: Consolidated Appropriations Act, 2020 (Pub- ‘‘(G) subject to paragraph (3), $337,500,000
‘‘(i) Make accelerated payments on a peri- lic Law 116–94). for the period beginning on January 1, 2020,
odic or lump sum basis. SEC. 3803. EXTENSION OF FUNDING OUTREACH and ending on September 30, 2020; and
‘‘(ii) Increase the amount of payment that AND ASSISTANCE FOR LOW-INCOME ‘‘(H) subject to paragraph (3), for the pe-
would otherwise be made to hospitals under PROGRAMS. riod beginning on October 1, 2020, and ending
the program up to 100 percent (or, in the case (a) FUNDING EXTENSIONS.— on November 30, 2020, the amount equal to
of critical access hospitals, up to 125 per- (1) ADDITIONAL FUNDING FOR STATE HEALTH the pro rata portion of the amount appro-
cent). INSURANCE PROGRAMS.—Subsection (a)(1)(B) priated for such period for fiscal year 2020.’’;
‘‘(iii) Extend the period that accelerated of section 119 of the Medicare Improvements and
payments cover so that it covers up to a 6- for Patients and Providers Act of 2008 (42 (2) in paragraph (3), by striking ‘‘and (G)’’
month period. U.S.C. 1395b–3 note), as amended by section and inserting ‘‘, (G), and (H)’’.
‘‘(C) Upon the request of the hospital, the 3306 of the Patient Protection and Affordable SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISH-
Secretary shall do the following: Care Act (Public Law 111–148), section 610 of MENT PROTECTIONS.
‘‘(i) Provide up to 120 days before claims the American Taxpayer Relief Act of 2012 (a) IN GENERAL.—Section 2404 of Public
are offset to recoup the accelerated pay- (Public Law 112–240), section 1110 of the Law 111–148 (42 U.S.C. 1396r–5 note) is amend-
ment. Pathway for SGR Reform Act of 2013 (Public ed by striking ‘‘May 22, 2020’’ and inserting
‘‘(ii) Allow not less than 12 months from Law 113–67), section 110 of the Protecting Ac- ‘‘November 30, 2020’’.
the date of the first accelerated payment be- cess to Medicare Act of 2014 (Public Law 113– (b) RULE OF CONSTRUCTION.—Nothing in
fore requiring that the outstanding balance 93), section 208 of the Medicare Access and section 2404 of Public Law 111–148 (42 U.S.C.
be paid in full. CHIP Reauthorization Act of 2015 (Public 1396r–5 note) or section 1902(a)(17) or 1924 of
Law 114–10), section 50207 of division E of the the Social Security Act (42 U.S.C.
‘‘(3) Nothing in this subsection shall pre-
Bipartisan Budget Act of 2018 (Public Law 1396a(a)(17), 1396r–5) shall be construed as
clude the Secretary from carrying out the 115–123), section 1402 of division B of the Con- prohibiting a State from—
provisions described in clauses (i), (ii), and tinuing Appropriations Act, 2020, and Health (1) applying an income or resource dis-
(iii) of paragraph (2)(B) and clauses (i) and Extenders Act of 2019 (Public Law 116–59), regard under a methodology authorized
(ii) of paragraph (2)(C) under the program section 1402 of division B of the Further Con- under section 1902(r)(2) of such Act (42 U.S.C.
under subsection (e)(3) after the period for tinuing Appropriations Act, 2020, and Fur- 1396a(r)(2))—
which this subsection applies. ther Health Extenders Act of 2019 (Public (A) to the income or resources of an indi-
Law 116–69), and section 103 of division N of vidual described in section
‘‘(4) Notwithstanding any other provision
the Further Consolidated Appropriations 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
of law, the Secretary may implement the Act, 2020 (Public Law 116–94) is amended by 1396a(a)(10)(A)(ii)(VI)) (including a disregard
provisions of this subsection by program in- striking clauses (x) through (xii) and insert- of the income or resources of such individ-
struction or otherwise.’’. ing the following new clauses: ual’s spouse); or
SEC. 3720. DELAYING REQUIREMENTS FOR EN- ‘‘(x) for fiscal year 2020, of $13,000,000; and (B) on the basis of an individual’s need for
HANCED FMAP TO ENABLE STATE ‘‘(xi) for the period beginning on October 1, home and community-based services author-
LEGISLATION NECESSARY FOR COM- 2020, and ending on November 30, 2020, the ized under subsection (c), (d), (i), or (k) of
PLIANCE. amount equal to the pro rata portion of the section 1915 of such Act (42 U.S.C. 1396n) or
amount appropriated for such period for fis- under section 1115 of such Act (42 U.S.C.
Section 6008 of the Families First
cal year 2020.’’. 1315); or
Coronavirus Response Act is amended by
(2) ADDITIONAL FUNDING FOR AREA AGENCIES (2) disregarding an individual’s spousal in-
adding at the end the following new sub- ON AGING.—Subsection (b)(1)(B) of such sec- come and assets under a plan amendment to
section: tion 119, as so amended, is amended by strik- provide medical assistance for home and
‘‘(d) DELAY IN APPLICATION OF PREMIUM RE- ing clauses (x) through (xii) and inserting community-based services for individuals by
QUIREMENT.—During the 30 day period begin- the following new clauses: reason of being determined eligible under
ning on the date of enactment of this Act, a ‘‘(x) for fiscal year 2020, of $7,500,000; and section 1902(a)(10)(C) of such Act (42 U.S.C.
‘‘(xi) for the period beginning on October 1, 1396a(a)(10)(C)) or by reason of section 1902(f)
State shall not be ineligible for the increase
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2020, and ending on November 30, 2020, the of such Act (42 U.S.C. 1396a(f)) or otherwise
to the Federal medical assistance percentage
amount equal to the pro rata portion of the on the basis of a reduction of income based
of the State described in subsection (a) on amount appropriated for such period for fis- on costs incurred for medical or other reme-
the basis that the State imposes a premium cal year 2020.’’. dial care under which the State disregarded
that violates the requirement of subsection (3) ADDITIONAL FUNDING FOR AGING AND DIS- the income and assets of the individual’s
(b)(2) if such premium was in effect on the ABILITY RESOURCE CENTERS.—Subsection spouse in determining the initial and ongo-
date of enactment of this Act.’’. (c)(1)(B) of such section 119, as so amended, is ing financial eligibility of an individual for
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2105
such services in place of the spousal impov- age applicable under subparagraph (B) to (ii) by striking ‘‘fiscal year 2020’’ and in-
erishment provisions applied under section amounts expended by a State participating serting ‘‘fiscal year 2021’’
1924 of such Act (42 U.S.C. 1396r–5). in the demonstration program under this (B) in paragraph (2)(A)—
SEC. 3813. DELAY OF DSH REDUCTIONS. subsection shall— (i) by striking ‘‘and 2019 and for the period
Section 1923(f)(7)(A) of the Social Security ‘‘(I) in the case of a State participating in beginning October 1, 2019, and ending May 22,
Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended— the demonstration program as of January 1, 2020’’ and inserting ‘‘through 2020 and for the
(1) in clause (i), in the matter preceding 2020, apply to amounts expended by the State period beginning October 1, 2020, and ending
subclause (I), by striking ‘‘May 23, 2020, and during the 8 fiscal quarter period (or any November 30, 2020’’; and
ending September 30, 2020, and for each of fis- portion of such period) that begins on Janu- (ii) by striking ‘‘fiscal year 2020’’ and in-
cal years 2021’’ and inserting ‘‘December 1, ary 1, 2020; and serting ‘‘fiscal year 2021’’; and
2020, and ending September 30, 2021, and for ‘‘(II) in the case of a State selected to par- (2) in subsection (f)(1), by striking ‘‘and
each of fiscal years 2022’’; and ticipate in the demonstration program under 2019 and $48,287,671 for the period beginning
(2) in clause (ii)— paragraph (8), during first 8 fiscal quarter pe- October 1, 2019, and ending May 22, 2020’’ and
(A) in subclause (I), by striking ‘‘May 23, riod (or any portion of such period) that the inserting ‘‘through 2020, and for the period
2020, and ending September 30, 2020’’ and in- State participates in a demonstration pro- beginning on October 1, 2020, and ending on
serting ‘‘December 1, 2020, and ending Sep- gram.’’. November 30, 2020, the amount equal to the
tember 30, 2021’’; and (c) GAO STUDY AND REPORT ON THE COMMU- pro rata portion of the amount appropriated
(B) in subclause (II), by striking ‘‘2021’’ and NITY AND MENTAL HEALTH SERVICES DEM- for such period for fiscal year 2020’’.
inserting ‘‘2022’’. ONSTRATION PROGRAM.— SEC. 3822. EXTENSION OF PERSONAL RESPONSI-
SEC. 3814. EXTENSION AND EXPANSION OF COM- (1) IN GENERAL.—Not later than 18 months BILITY EDUCATION PROGRAM.
MUNITY MENTAL HEALTH SERVICES after the date of the enactment of this Act, Section 513 of the Social Security Act (42
DEMONSTRATION PROGRAM. the Comptroller General of the United States U.S.C. 713) is amended—
(a) IN GENERAL.—Section 223(d) of the Pro- shall submit to the Committee on Energy (1) in subsection (a)—
tecting Access to Medicare Act of 2014 (42 and Commerce of the House of Representa- (A) in paragraph (1)—
U.S.C. 1396a note) is amended— tives and the Committee on Finance of the (i) in subparagraph (A), in the matter pre-
(1) in paragraph (3)— Senate a report on the community and men- ceding clause (i), by striking ‘‘2019 and for
(A) by striking ‘‘Not more than’’ and in- tal health services demonstration program the period beginning October 1, 2019, and end-
serting ‘‘Subject to paragraph (8), not more conducted under section 223 of the Pro- ing May 22, 2020’’ and inserting ‘‘2020 and for
than’’; and tecting Access to Medicare Act of 2014 (42 the period beginning October 1, 2020, and end-
(B) by striking ‘‘May 22, 2020’’ and insert- U.S.C. 1396a note) (referred to in this sub- ing November 30, 2020’’; and
ing ‘‘November 30, 2020’’; and section as the ‘‘demonstration program’’). (ii) in subparagraph (B)(i), by striking by
(2) by adding at the end the following new (2) CONTENT OF REPORT.—The report re- striking ‘‘October 1, 2019, and ending May 22,
paragraph: quired under paragraph (1) shall include the 2020’’ and inserting ‘‘October 1, 2020, and end-
‘‘(8) ADDITIONAL PROGRAMS.— following information: ing November 30, 2020’’;
‘‘(A) IN GENERAL.—Not later than 6 months (A) Information on States’ experiences par- (2) in paragraph (4)(A), by striking ‘‘2019’’
after the date of enactment of this para- ticipating in the demonstration program, in- each place it appears and inserting ‘‘2020’’;
graph, in addition to the 8 States selected cluding the extent to which States— and
under paragraph (1), the Secretary shall se- (i) measure the effects of access to cer- (3) in subsection (f), by striking ‘‘2019 and
lect 2 States to participate in 2-year dem- tified community behavioral health clinics $48,287,671 for the period beginning October 1,
onstration programs that meet the require- on patient health and cost of care, includ- 2019, and ending May 22, 2020’’ and inserting
ments of this subsection. ing— ‘‘2020, and for the period beginning on Octo-
‘‘(B) SELECTION OF STATES.— (I) engagement in treatment for behavioral ber 1, 2020, and ending on November 30, 2020,
‘‘(i) IN GENERAL.—Subject to clause (ii), in health conditions; the amount equal to the pro rata portion of
selecting States under this paragraph, the (II) relevant clinical outcomes, to the ex- the amount appropriated for such period for
Secretary— tent collected; fiscal year 2020’’.
‘‘(I) shall select States that— (III) screening and treatment for comorbid SEC. 3823. EXTENSION OF DEMONSTRATION
‘‘(aa) were awarded planning grants under medical conditions; and PROJECTS TO ADDRESS HEALTH
subsection (c); and (IV) use of crisis stabilization, emergency PROFESSIONS WORKFORCE NEEDS.
‘‘(bb) applied to participate in the dem- department, and inpatient care. Activities authorized by section 2008 of the
onstration programs under this subsection (B) Information on Federal efforts to Social Security Act shall continue through
under paragraph (1) but, as of the date of en- evaluate the demonstration program, includ- November 30, 2020, in the manner authorized
actment of this paragraph, were not selected ing— for fiscal year 2019, and out of any money in
to participate under paragraph (1); and (i) quality measures used to evaluate the the Treasury of the United States not other-
‘‘(II) shall use the results of the Sec- program; wise appropriated, there are hereby appro-
retary’s evaluation of each State’s applica- (ii) assistance provided to States on data priated such sums as may be necessary for
tion under paragraph (1) to determine which collection and reporting; such purpose. Grants and payments may be
States to select, and shall not require the (iii) assessments of the reliability and use- made pursuant to this authority through the
submission of any additional application. fulness of State-submitted data; and date so specified at the pro rata portion of
‘‘(C) REQUIREMENTS FOR SELECTED (iv) the extent to which such efforts pro- the total amount authorized for such activi-
STATES.—Prior to services being delivered vide information on the relative quality, ties in fiscal year 2019.
under the demonstration authority in a scope, and cost of services as compared with SEC. 3824. EXTENSION OF THE TEMPORARY AS-
State selected under this paragraph, the services not provided under the demonstra- SISTANCE FOR NEEDY FAMILIES
tion program, and in comparison to Medicaid PROGRAM AND RELATED PRO-
State shall—
beneficiaries with mental illness and sub- GRAMS.
‘‘(i) submit a plan to monitor certified
stance use disorders not served under the Activities authorized by part A of title IV
community behavioral health clinics under
demonstration program. and section 1108(b) of the Social Security Act
the demonstration program to ensure com-
(C) Recommendations for improvements to shall continue through November 30, 2020, in
pliance with certified community behavioral
the following: the manner authorized for fiscal year 2019,
health criteria during the demonstration pe- and out of any money in the Treasury of the
riod; and (i) The reporting, accuracy, and validation
of encounter data. United States not otherwise appropriated,
‘‘(ii) commit to collecting data, notifying there are hereby appropriated such sums as
the Secretary of any planned changes that (ii) Accuracy in payments to certified com-
munity behavioral health clinics under State may be necessary for such purpose.
would deviate from the prospective payment
plans or waivers under title XIX of the So- PART IV—PUBLIC HEALTH PROVISIONS
system methodology outlined in the State’s
demonstration application, and obtaining cial Security Act (42 U.S.C. 1396 et seq.). SEC. 3831. EXTENSION FOR COMMUNITY HEALTH
PART III—HUMAN SERVICES AND OTHER CENTERS, THE NATIONAL HEALTH
approval from the Secretary for any such SERVICE CORPS, AND TEACHING
change before implementing the change.’’. HEALTH PROGRAMS
HEALTH CENTERS THAT OPERATE
(b) LIMITATION.—Section 223(d)(5) of the SEC. 3821. EXTENSION OF SEXUAL RISK AVOID- GME PROGRAMS.
Protecting Access to Medicare Act of 2014 (42 ANCE EDUCATION PROGRAM. (a) COMMUNITY HEALTH CENTERS.—Section
U.S.C. 1396a note) is amended— Section 510 of the Social Security Act (42 10503(b)(1)(F) of the Patient Protection and
(1) in subparagraph (B), in the matter pre- U.S.C. 710) is amended— Affordable Care Act (42 U.S.C. 254b–2(b)(1)(F))
ceding clause (i), by striking ‘‘The Federal (1) in subsection (a)— is amended by striking ‘‘and $2,575,342,466 for
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matching’’ and inserting ‘‘Subject to sub- (A) in paragraph (1), in the matter pre- the period beginning on October 1, 2019, and
paragraph (C)(iii), the Federal matching’’; ceding subparagraph (A)— ending on May 22, 2020’’ and inserting
and (i) by striking ‘‘and 2019 and for the period ‘‘$4,000,000,000 for fiscal year 2020, and
(2) in subparagraph (C), by adding at the beginning October 1, 2019, and ending May 22, $668,493,151 for the period beginning on Octo-
end the following new clause: 2020’’ and inserting ‘‘through 2020 and for the ber 1, 2020, and ending on November 30, 2020’’.
‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED period beginning October 1, 2020, and ending (b) NATIONAL HEALTH SERVICE CORPS.—Sec-
AFTER 2019.—The Federal matching percent- November 30, 2020’’; and tion 10503(b)(2) of the Patient Protection and
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S2106 CONGRESSIONAL RECORD — SENATE March 25, 2020
Affordable Care Act (42 U.S.C. 254b–2(b)(2)) is prescription drugs marketed without an ap- such tentative final monograph and in any
amended— proved drug application under section 505, as final rule establishing requirements that are
(1) in subparagraph (F), by striking ‘‘and’’ of the date of the enactment of this section, applicable to the drug; and
at the end; and shall be treated in accordance with this sub- ‘‘(III) the general requirements for non-
(2) by striking subparagraph (G) and in- section. prescription drugs and conditions or require-
serting the following: ‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; ments under subsection (b) or (k); and
‘‘(G) $310,000,000 for fiscal year 2020; and CATEGORY I DRUGS SUBJECT TO A TENTATIVE ‘‘(iii) in a dosage form that, immediately
‘‘(H) $51,808,219 for the period beginning on FINAL MONOGRAPH.—A drug is deemed to be prior to the date of the enactment of this
October 1, 2020, and ending on November 30, generally recognized as safe and effective section, had been used to a material extent
2020.’’. under section 201(p)(1), not a new drug under and for a material time under section
(c) TEACHING HEALTH CENTERS THAT OPER- section 201(p), and not subject to section 201(p)(2); or
ATE GRADUATE MEDICAL EDUCATION PRO- 503(b)(1), if— ‘‘(B) the drug is—
GRAMS.—Section 340H(g)(1) of the Public ‘‘(A) the drug is— ‘‘(i) classified in category I for safety and
Health Service Act (42 U.S.C. 256h(g)(1)) is ‘‘(i) in conformity with the requirements effectiveness under a proposed monograph or
amended by striking ‘‘and 2019, and for nonprescription use of a final monograph advance notice of proposed rulemaking that
$81,445,205 for the period beginning on Octo- issued under part 330 of title 21, Code of Fed- is the most recently applicable proposal or
ber 1, 2019, and ending on May 22, 2020’’ and eral Regulations (except as provided in para-
determination for such drug issued under
inserting ‘‘through fiscal year 2020, and graph (2)), the general requirements for non-
part 330 of title 21, Code of Federal Regula-
$21,141,096 for the period beginning on Octo- prescription drugs, and conditions or re-
tions;
ber 1, 2020, and ending on November 30, 2020’’. quirements under subsections (b), (c), and
(d) APPLICATION OF PROVISIONS.—Amounts ‘‘(ii) in conformity with the requirements
(k); and
appropriated pursuant to the amendments for nonprescription use of such proposed
‘‘(ii) except as permitted by an order issued
made by this section for fiscal year 2020 and under subsection (b) or, in the case of a monograph or advance notice of proposed
for the period beginning on October 1, 2020, minor change in the drug, in conformity rulemaking, any applicable subsequent de-
and ending on November 30, 2020, shall be with an order issued under subsection (c), in termination by the Secretary, the general
subject to the requirements contained in a dosage form that, immediately prior to the requirements for nonprescription drugs, and
Public Law 116–94 for funds for programs au- date of the enactment of this section, has conditions or requirements under subsection
thorized under sections 330 through 340 of the been used to a material extent and for a ma- (b) or (k); and
Public Health Service Act (42 U.S.C. 254 terial time under section 201(p)(2); or ‘‘(iii) in a dosage form that, immediately
through 256). ‘‘(B) the drug is— prior to the date of the enactment of this
(e) CONFORMING AMENDMENT.—Paragraph ‘‘(i) classified in category I for safety and section, has been used to a material extent
(4) of section 3014(h) of title 18, United States effectiveness under a tentative final mono- and for a material time under section
Code, as amended by section 401(e) of divi- graph that is the most recently applicable 201(p)(2).
sion N of Public Law 116–94, is amended by proposal or determination issued under part ‘‘(4) CATEGORY II DRUGS DEEMED NEW
striking ‘‘section 401(d) of division N of the 330 of title 21, Code of Federal Regulations; DRUGS.—A drug that is classified in category
Further Consolidated Appropriations Act, ‘‘(ii) in conformity with the proposed re- II for safety or effectiveness under a ten-
2020’’ and inserting ‘‘section 3831 of the quirements for nonprescription use of such tative final monograph or that is subject to
CARES Act’’. tentative final monograph, any applicable a determination to be not generally recog-
SEC. 3832. DIABETES PROGRAMS. subsequent determination by the Secretary, nized as safe and effective in a proposed rule
(a) TYPE I.—Section 330B(b)(2)(D) of the the general requirements for nonprescription that is the most recently applicable proposal
Public Health Service Act (42 U.S.C. 254c– drugs, and conditions or requirements under issued under part 330 of title 21, Code of Fed-
2(b)(2)(D)) is amended by striking ‘‘and 2019, subsections (b), (c), and (k); and eral Regulations, shall be deemed to be a
and $96,575,342 for the period beginning on ‘‘(iii) except as permitted by an order new drug under section 201(p), misbranded
October 1, 2019, and ending on May 22, 2020’’ issued under subsection (b) or, in the case of under section 502(ee), and subject to the re-
and inserting ‘‘through 2020, and $25,068,493 a minor change in the drug, in conformity quirement for an approved new drug applica-
for the period beginning on October 1, 2020, with an order issued under subsection (c), in tion under section 505 beginning on the day
and ending on November 30, 2020’’. a dosage form that, immediately prior to the that is 180 calendar days after the date of the
(b) INDIANS.—Section 330C(c)(2)(D) of the date of the enactment of this section, has enactment of this section, unless, before
Public Health Service Act (42 U.S.C. 254c– been used to a material extent and for a ma- such day, the Secretary determines that it is
3(c)(2)(D)) is amended by striking ‘‘and 2019, terial time under section 201(p)(2). in the interest of public health to extend the
and $96,575,342 for the period beginning on ‘‘(2) TREATMENT OF SUNSCREEN DRUGS.— period during which the drug may be mar-
October 1, 2019, and ending on May 22, 2020’’ With respect to sunscreen drugs subject to keted without such an approved new drug ap-
and inserting ‘‘through 2020, and $25,068,493 this section, the applicable requirements in plication.
for the period beginning on October 1, 2020, terms of conformity with a final monograph, ‘‘(5) DRUGS NOT GRASE DEEMED NEW
and ending on November 30, 2020’’. for purposes of paragraph (1)(A)(i), shall be DRUGS.—A drug that the Secretary has deter-
PART V—MISCELLANEOUS PROVISIONS the requirements specified in part 352 of title mined not to be generally recognized as safe
SEC. 3841. PREVENTION OF DUPLICATE APPRO- 21, Code of Federal Regulations, as published and effective under section 201(p)(1) under a
PRIATIONS FOR FISCAL YEAR 2020. on May 21, 1999, beginning on page 27687 of
final determination issued under part 330 of
Expenditures made under any provision of volume 64 of the Federal Register, except
title 21, Code of Federal Regulations, shall be
law amended in this title pursuant to the that the applicable requirements governing
deemed to be a new drug under section 201(p),
amendments made by the Continuing Appro- effectiveness and labeling shall be those
misbranded under section 502(ee), and subject
priations Act, 2020, and Health Extenders Act specified in section 201.327 of title 21, Code of
to the requirement for an approved new drug
of 2019 (Public Law 116–59), the Further Con- Federal Regulations.
application under section 505.
tinuing Appropriations Act, 2020, and Fur- ‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN-
‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex-
ther Health Extenders Act of 2019 (Public TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS
cept as provided in subsection (m), a drug is
Law 116-69), and the Further Consolidated SUBJECT TO PROPOSED MONOGRAPH OR AD-
deemed to be a new drug under section 201(p)
Appropriations Act, 2020 (Public Law 116–94) VANCE NOTICE OF PROPOSED RULEMAKING.—A
and misbranded under section 502(ee) if the
for fiscal year 2020 shall be charged to the drug that is not described in paragraph (1),
(2), or (4) is not required to be the subject of drug—
applicable appropriation or authorization ‘‘(A) is not subject to section 503(b)(1); and
provided by the amendments made by this an application approved under section 505,
and is not subject to section 503(b)(1), if— ‘‘(B) is not described in paragraph (1), (2),
title to such provision of law for such fiscal (3), (4), or (5), or subsection (b)(1)(B).
year. ‘‘(A) the drug is—
Subtitle F—Over-the-Counter Drugs ‘‘(i) classified in category III for safety or ‘‘(b) ADMINISTRATIVE ORDERS.—
effectiveness in the preamble of a proposed ‘‘(1) IN GENERAL.—
PART I—OTC DRUG REVIEW
rule establishing a tentative final mono- ‘‘(A) DETERMINATION.—The Secretary may,
SEC. 3851.
REGULATION OF CERTAIN NON- graph that is the most recently applicable on the initiative of the Secretary or at the
PRESCRIPTION DRUGS THAT ARE
MARKETED WITHOUT AN APPROVED
proposal or determination for such drug request of one or more requestors, issue an
DRUG APPLICATION. issued under part 330 of title 21, Code of Fed- administrative order determining whether
(a) IN GENERAL.—Chapter V of the Federal eral Regulations; there are conditions under which a specific
Food, Drug, and Cosmetic Act is amended by ‘‘(ii) in conformity with— drug, a class of drugs, or a combination of
inserting after section 505F of such Act (21 ‘‘(I) the conditions of use, including indica- drugs, is determined to be—
dlhill on DSKBBY8HB2PROD with SENATE
U.S.C. 355g) the following: tion and dosage strength, if any, described ‘‘(i) not subject to section 503(b)(1); and
‘‘SEC. 505G.
REGULATION OF CERTAIN NON- for such category III drug in such preamble ‘‘(ii) generally recognized as safe and effec-
PRESCRIPTION DRUGS THAT ARE or in an applicable subsequent proposed rule; tive under section 201(p)(1).
MARKETED WITHOUT AN APPROVED ‘‘(II) the proposed requirements for drugs ‘‘(B) EFFECT.—A drug or combination of
DRUG APPLICATION. classified in such tentative final monograph drugs shall be deemed to not require ap-
‘‘(a) NONPRESCRIPTION DRUGS MARKETED in category I in the most recently proposed proval under section 505 if such drug or com-
WITHOUT AN APPROVED APPLICATION.—Non- rule establishing requirements related to bination of drugs—
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2107
‘‘(i) is determined by the Secretary to meet order, except when the Secretary deter- presented by other parties. Where appro-
the conditions specified in clauses (i) and (ii) mines, for good cause, that a shorter period priate, the presiding officer may require that
of subparagraph (A); is in the interest of public health; and cross-examination by parties representing
‘‘(ii) is marketed in conformity with an ad- ‘‘(iii) any person who submits data in such substantially the same interests be consoli-
ministrative order under this subsection; comment period shall include a certification dated to promote efficiency and avoid dupli-
‘‘(iii) meets the general requirements for that the person has submitted all evidence cation.
nonprescription drugs; and created, obtained, or received by that person ‘‘(v) FINAL DECISION.—
‘‘(iv) meets the requirements under sub- that is both within the categories of data ‘‘(I) At the conclusion of a hearing re-
sections (c) and (k). identified in the proposed order and relevant quested under subparagraph (A), the pre-
‘‘(C) STANDARD.—The Secretary shall find to a determination as to whether the drug is siding officer of the hearing shall issue a de-
that a drug is not generally recognized as generally recognized as safe and effective cision containing findings of fact and conclu-
safe and effective under section 201(p)(1) if— under section 201(p)(1). sions of law. The decision of the presiding of-
‘‘(i) the evidence shows that the drug is not ‘‘(3) HEARINGS; JUDICIAL REVIEW.— ficer shall be final.
generally recognized as safe and effective ‘‘(A) IN GENERAL.—Only a person who par- ‘‘(II) The final decision may not take effect
under section 201(p)(1); or ticipated in each stage of formal dispute res- until the period under subparagraph (D)(ii)
‘‘(ii) the evidence is inadequate to show olution under subclause (III) of paragraph for submitting a request for judicial review
that the drug is generally recognized as safe (2)(A)(iv) of an administrative order with re- of such decision expires.
and effective under section 201(p)(1). spect to a drug may request a hearing con- ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA-
‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY cerning a final administrative order issued TIVE ORDER.—
THE SECRETARY.— under such paragraph with respect to such ‘‘(i) IN GENERAL.—The procedures described
‘‘(A) IN GENERAL.—In issuing an adminis- drug. If a hearing is sought, such person in section 505(h) shall apply with respect to
trative order under paragraph (1) upon the must submit a request for a hearing, which judicial review of final administrative orders
Secretary’s initiative, the Secretary shall— shall be based solely on information in the issued under this subsection in the same
‘‘(i) make reasonable efforts to notify in- administrative record, to the Secretary not manner and to the same extent as such sec-
formally, not later than 2 business days be- later than 30 calendar days after receiving tion applies to an order described in such
fore the issuance of the proposed order, the notice of the final decision of the formal dis- section except that the judicial review shall
sponsors of drugs who have a listing in effect pute resolution procedure. be taken by filing in an appropriate district
under section 510(j) for the drugs or combina- ‘‘(B) NO HEARING REQUIRED WITH RESPECT TO court of the United States in lieu of the ap-
tion of drugs that will be subject to the ad- ORDERS RELATING TO CERTAIN DRUGS.— pellate courts specified in such section.
ministrative order; ‘‘(i) IN GENERAL.—The Secretary shall not ‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI-
‘‘(ii) after any such reasonable efforts of be required to provide notice and an oppor- CIAL REVIEW.—A person eligible to request a
notification— tunity for a hearing pursuant to paragraph hearing under this paragraph and seeking ju-
‘‘(I) issue a proposed administrative order (2)(A)(iv) if the final administrative order in- dicial review of a final administrative order
by publishing it on the website of the Food volved relates to a drug— issued under this subsection shall file such
and Drug Administration and include in such ‘‘(I) that is described in subsection request for judicial review not later than 60
order the reasons for the issuance of such (a)(3)(A); and calendar days after the latest of—
order; and ‘‘(II) with respect to which no human or ‘‘(I) the date on which notice of such order
‘‘(II) publish a notice of availability of non-human data studies relevant to the safe- is published;
such proposed order in the Federal Register; ty or effectiveness of such drug have been ‘‘(II) the date on which a hearing with re-
‘‘(iii) except as provided in subparagraph submitted to the administrative record since spect to such order is denied under subpara-
(B), provide for a public comment period the issuance of the most recent tentative graph (B) or (C)(i);
with respect to such proposed order of not final monograph relating to such drug. ‘‘(III) the date on which a final decision is
less than 45 calendar days; and ‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN made following a hearing under subpara-
‘‘(iv) if, after completion of the pro- DATA DEFINED.—In this subparagraph: graph (C)(v); or
ceedings specified in clauses (i) through (iii), ‘‘(I) The term ‘human data studies’ means ‘‘(IV) if no hearing is requested, the date
the Secretary determines that it is appro- clinical trials of safety or effectiveness (in- on which the time for requesting a hearing
priate to issue a final administrative order— cluding actual use studies), pharmaco- expires.
‘‘(I) issue the final administrative order, kinetics studies, or bioavailability studies. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT
together with a detailed statement of rea- ‘‘(II) The term ‘non-human data’ means TO ADMINISTRATIVE ORDERS INITIATED BY THE
sons, which order shall not take effect until data from testing other than with human SECRETARY.—
the time for requesting judicial review under subjects which provides information con- ‘‘(A) IMMINENT HAZARD TO THE PUBLIC
paragraph (3)(D)(ii) has expired; cerning safety or effectiveness. HEALTH.—
‘‘(II) publish a notice of such final adminis- ‘‘(C) HEARING PROCEDURES.— ‘‘(i) IN GENERAL.—In the case of a deter-
trative order in the Federal Register; ‘‘(i) DENIAL OF REQUEST FOR HEARING.—If mination by the Secretary that a drug, class
‘‘(III) afford requestors of drugs that will the Secretary determines that information of drugs, or combination of drugs subject to
be subject to such order the opportunity for submitted in a request for a hearing under this section poses an imminent hazard to the
formal dispute resolution up to the level of subparagraph (A) with respect to a final ad- public health, the Secretary, after first mak-
the Director of the Center for Drug Evalua- ministrative order issued under paragraph ing reasonable efforts to notify, not later
tion and Research, which initially must be (2)(A)(iv) does not identify the existence of a than 48 hours before issuance of such order
requested within 45 calendar days of the genuine and substantial question of material under this subparagraph, sponsors who have
issuance of the order, and, for subsequent fact, the Secretary may deny such request. a listing in effect under section 510(j) for
levels of appeal, within 30 calendar days of In making such a determination, the Sec- such drug or combination of drugs—
the prior decision; and retary may consider only information and ‘‘(I) may issue an interim final administra-
‘‘(IV) except with respect to drugs de- data that are based on relevant and reliable tive order for such drug, class of drugs, or
scribed in paragraph (3)(B), upon completion scientific principles and methodologies. combination of drugs under paragraph (1),
of the formal dispute resolution procedure, ‘‘(ii) SINGLE HEARING FOR MULTIPLE RE- together with a detailed statement of the
inform the persons which sought such dis- LATED REQUESTS.—If more than one request reasons for such order;
pute resolution of their right to request a for a hearing is submitted with respect to ‘‘(II) shall publish in the Federal Register
hearing. the same administrative order under sub- a notice of availability of any such order;
‘‘(B) EXCEPTIONS.—When issuing an admin- paragraph (A), the Secretary may direct that and
istrative order under paragraph (1) on the a single hearing be conducted in which all ‘‘(III) shall provide for a public comment
Secretary’s initiative proposing to deter- persons whose hearing requests were granted period of at least 45 calendar days with re-
mine that a drug described in subsection may participate. spect to such interim final order.
(a)(3) is not generally recognized as safe and ‘‘(iii) PRESIDING OFFICER.—The presiding ‘‘(ii) NONDELEGATION.—The Secretary may
effective under section 201(p)(1), the Sec- officer of a hearing requested under subpara- not delegate the authority to issue an in-
retary shall follow the procedures in sub- graph (A) shall— terim final administrative order under this
paragraph (A), except that— ‘‘(I) be designated by the Secretary; subparagraph.
‘‘(i) the proposed order shall include notice ‘‘(II) not be an employee of the Center for ‘‘(B) SAFETY LABELING CHANGES.—
of— Drug Evaluation and Research; and ‘‘(i) IN GENERAL.—In the case of a deter-
‘‘(I) the general categories of data the Sec- ‘‘(III) not have been previously involved in mination by the Secretary that a change in
retary has determined necessary to establish the development of the administrative order the labeling of a drug, class of drugs, or com-
dlhill on DSKBBY8HB2PROD with SENATE
that the drug is generally recognized as safe involved or proceedings relating to that ad- bination of drugs subject to this section is
and effective under section 201(p)(1); and ministrative order. reasonably expected to mitigate a signifi-
‘‘(II) the format for submissions by inter- ‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The cant or unreasonable risk of a serious ad-
ested persons; parties to a hearing requested under sub- verse event associated with use of the drug,
‘‘(ii) the Secretary shall provide for a pub- paragraph (A) shall have the right to present the Secretary may—
lic comment period of no less than 180 cal- testimony, including testimony of expert ‘‘(I) make reasonable efforts to notify in-
endar days with respect to such proposed witnesses, and to cross-examine witnesses formally, not later than 48 hours before the
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S2108 CONGRESSIONAL RECORD — SENATE March 25, 2020
issuance of the interim final order, the spon- matted to permit a substantive review, the ‘‘(II) provides for a change in the condi-
sors of drugs who have a listing in effect Secretary shall— tions of use of a drug, for which new human
under section 510(j) for such drug or com- ‘‘(I) file the request; and data studies conducted or sponsored by the
bination of drugs; ‘‘(II) initiate proceedings with respect to requestor (or for which the requestor has an
‘‘(II) after reasonable efforts of notifica- issuing an administrative order in accord- exclusive right of reference) were essential
tion, issue an interim final administrative ance with paragraphs (2) and (3); and to the issuance of such order.
order in accordance with paragraph (1) to re- ‘‘(iii) except as provided in paragraph (6), if ‘‘(iii) DRUGS DESCRIBED.—The drugs de-
quire such change, together with a detailed the Secretary determines that a request does scribed in this clause are drugs—
statement of the reasons for such order; not meet the requirements for filing or is not ‘‘(I) specified in subsection (a)(1), (a)(2), or
‘‘(III) publish in the Federal Register a no- sufficiently complete and formatted to per- (a)(3);
tice of availability of such order; and mit a substantive review, the requestor may ‘‘(II) subject to a final order issued under
‘‘(IV) provide for a public comment period demand that the request be filed over pro- this section;
of at least 45 calendar days with respect to test, and the Secretary shall initiate pro- ‘‘(III) subject to a final sunscreen order (as
such interim final order. ceedings to review the request in accordance defined in section 586(2)(A)); or
‘‘(ii) CONTENT OF ORDER.—An interim final with paragraph (2)(A). ‘‘(IV) described in subsection (m)(1), other
order issued under this subparagraph with ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.— than drugs subject to an active enforcement
respect to the labeling of a drug may provide ‘‘(i) IN GENERAL.—A requestor seeking an action under chapter III of this Act.
for new warnings and other information re- administrative order under paragraph (1) ‘‘(iv) LIMITATIONS ON EXCLUSIVITY.—
quired for safe use of the drug. with respect to certain drugs, classes of
‘‘(I) IN GENERAL.—Only one 18-month pe-
‘‘(C) EFFECTIVE DATE.—An order under sub- drugs, or combinations of drugs, shall submit
riod under this subparagraph shall be grant-
paragraph (A) or (B) shall take effect on a to the Secretary a request to initiate pro-
ed, under each order described in clause (i),
date specified by the Secretary. ceedings for such order in the form and man-
with respect to changes (to the drug subject
‘‘(D) FINAL ORDER.—After the completion ner as specified by the Secretary. Such re-
to such order) which are either—
of the proceedings in subparagraph (A) or questor may submit a request under this
‘‘(aa) changes described in clause (ii)(I), re-
(B), the Secretary shall— subparagraph for the issuance of an adminis-
‘‘(i) issue a final order in accordance with lating to active ingredients; or
trative order—
paragraph (1); ‘‘(I) determining whether a drug is gen- ‘‘(bb) changes described in clause (ii)(II),
‘‘(ii) publish a notice of availability of such erally recognized as safe and effective under relating to conditions of use.
final administrative order in the Federal section 201(p)(1), exempt from section ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu-
Register; and 503(b)(1), and not required to be the subject sivity shall apply to changes to a drug which
‘‘(iii) afford sponsors of such drugs that of an approved application under section 505; are—
will be subject to such an order the oppor- or ‘‘(aa) the subject of a Tier 2 OTC mono-
tunity for formal dispute resolution up to ‘‘(II) determining whether a change to a graph order request (as defined in section
the level of the Director of the Center for condition of use of a drug is generally recog- 744L);
Drug Evaluation and Research, which must nized as safe and effective under section ‘‘(bb) safety-related changes, as defined by
initially be within 45 calendar days of the 201(p)(1), exempt from section 503(b)(1), and the Secretary, or any other changes the Sec-
issuance of the order, and for subsequent lev- not required to be the subject of an approved retary considers necessary to assure safe use;
els of appeal, within 30 calendar days of the application under section 505, if, absent such or
prior decision. a changed condition of use, such drug is— ‘‘(cc) changes related to methods of testing
‘‘(E) HEARINGS.—A sponsor of a drug sub- ‘‘(aa) generally recognized as safe and ef- safety or efficacy.
ject to a final order issued under subpara- fective under section 201(p)(1) in accordance ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In
graph (D) and that participated in each stage with subsection (a)(1), (a)(2), or an order this subparagraph, the term ‘new human
of formal dispute resolution under clause under this subsection; or data studies’ means clinical trials of safety
(iii) of such subparagraph may request a ‘‘(bb) subject to subsection (a)(3), but only or effectiveness (including actual use stud-
hearing on such order. The provisions of sub- if such requestor initiates such request in ies), pharmacokinetics studies, or bio-
paragraphs (A), (B), and (C) of paragraph (3), conjunction with a request for the Secretary availability studies, the results of which—
other than paragraph (3)(C)(v)(II), shall to determine whether such drug is generally ‘‘(I) have not been relied on by the Sec-
apply with respect to a hearing on such order recognized as safe and effective under sec- retary to support—
in the same manner and to the same extent tion 201(p)(1), which is filed by the Secretary ‘‘(aa) a proposed or final determination
as such provisions apply with respect to a under subparagraph (A)(ii). that a drug described in subclause (I), (II), or
hearing on an administrative order issued ‘‘(ii) EXCEPTION.—The Secretary is not re- (III) of clause (iii) is generally recognized as
under paragraph (2)(A)(iv). quired to complete review of a request for a safe and effective under section 201(p)(1); or
‘‘(F) TIMING.— change described in clause (i)(II) if the Sec- ‘‘(bb) approval of a drug that was approved
‘‘(i) FINAL ORDER AND HEARING.—The Sec- retary determines that there is an inad- under section 505; and
retary shall— equate basis to find the drug is generally rec- ‘‘(II) do not duplicate the results of an-
‘‘(I) not later than 6 months after the date ognized as safe and effective under section other study that was relied on by the Sec-
on which the comment period closes under 201(p)(1) under paragraph (1) and issues a retary to support—
subparagraph (A) or (B), issue a final order in final order announcing that determination. ‘‘(aa) a proposed or final determination
accordance with paragraph (1); and ‘‘(iii) WITHDRAWAL.—The requestor may that a drug described in subclause (I), (II), or
‘‘(II) not later than 12 months after the withdraw a request under this paragraph, ac- (III) of clause (iii) is generally recognized as
date on which such final order is issued, cording to the procedures set forth pursuant safe and effective under section 201(p)(1); or
complete any hearing under subparagraph to subsection (d)(2)(B). Notwithstanding any ‘‘(bb) approval of a drug that was approved
(E). other provision of this section, if such re- under section 505.
‘‘(ii) DISPUTE RESOLUTION REQUEST.—The quest is withdrawn, the Secretary may cease ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE
Secretary shall specify in an interim final proceedings under this subparagraph. FOR SALE.—A requestor that is granted ex-
order issued under subparagraph (A) or (B) ‘‘(C) EXCLUSIVITY.— clusivity with respect to a drug under this
such shorter periods for requesting dispute ‘‘(i) IN GENERAL.—A final administrative subparagraph shall notify the Secretary in
resolution under subparagraph (D)(iii) as are order issued in response to a request under writing within 1 year of the issuance of the
necessary to meet the requirements of this this section shall have the effect of author- final administrative order if the drug that is
subparagraph. izing solely the order requestor (or the li- the subject of such order will not be avail-
‘‘(G) JUDICIAL REVIEW.—A final order issued censees, assignees, or successors in interest able for sale within 1 year of the date of
pursuant to subparagraph (F) shall be sub- of such requestor with respect to the subject issuance of such order. The requestor shall
ject to judicial review in accordance with of such order), for a period of 18 months fol- include with such notice the—
paragraph (3)(D). lowing the effective date of such final order ‘‘(I) identity of the drug by established
‘‘(5) ADMINISTRATIVE ORDER INITIATED AT and beginning on the date the requestor may name and by proprietary name, if any;
THE REQUEST OF A REQUESTOR.— lawfully market such drugs pursuant to the ‘‘(II) strength of the drug;
‘‘(A) IN GENERAL.—In issuing an adminis- order, to market drugs— ‘‘(III) date on which the drug will be avail-
trative order under paragraph (1) at the re- ‘‘(I) incorporating changes described in able for sale, if known; and
quest of a requestor with respect to certain clause (ii); and ‘‘(IV) reason for not marketing the drug
drugs, classes of drugs, or combinations of ‘‘(II) subject to the limitations under after issuance of the order.
drugs— clause (iv). ‘‘(6) INFORMATION REGARDING SAFE NON-
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‘‘(i) the Secretary shall, after receiving a ‘‘(ii) CHANGES DESCRIBED.—A change de- PRESCRIPTION MARKETING AND USE AS CONDI-
request under this subparagraph, determine scribed in this clause is a change subject to TION FOR FILING A GENERALLY RECOGNIZED AS
whether the request is sufficiently complete an order specified in clause (i), which— SAFE AND EFFECTIVE REQUEST.—
and formatted to permit a substantive re- ‘‘(I) provides for a drug to contain an ac- ‘‘(A) IN GENERAL.—In response to a request
view; tive ingredient (including any ester or salt of under this section that a drug described in
‘‘(ii) if the Secretary determines that the the active ingredient) not previously incor- subparagraph (B) be generally recognized as
request is sufficiently complete and for- porated in a drug described in clause (iii); or safe and effective, the Secretary—
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2109
‘‘(i) may file such request, if the request intended for use by pediatric populations, re- does not demonstrate that the change does
includes information specified under sub- quirements to reduce risk of harm from un- not—
paragraph (C) with respect to safe non- supervised ingestion, and other appropriate ‘‘(i) affect the safety or effectiveness of the
prescription marketing and use of such drug; requirements. This paragraph does not au- drug; or
or thorize the Food and Drug Administration to ‘‘(ii) materially affect the extent of absorp-
‘‘(ii) if the request fails to include informa- require standards or testing procedures as tion or other exposure to the active ingre-
tion specified under subparagraph (C), shall described in part 1700 of title 16, Code of Fed- dient in comparison to a suitable reference
refuse to file such request and require that eral Regulations. product,
nonprescription marketing of the drug be ‘‘(8) FINAL AND TENTATIVE FINAL MONO- the drug as modified is a new drug under sec-
pursuant to a new drug application as de- GRAPHS FOR CATEGORY I DRUGS DEEMED FINAL tion 201(p) and shall be deemed to be mis-
scribed in subparagraph (D). ADMINISTRATIVE ORDERS.— branded under section 502(ee).
‘‘(B) DRUG DESCRIBED.—A drug described in ‘‘(A) IN GENERAL.—A final monograph or ‘‘(3) DETERMINING WHETHER A CHANGE WILL
this subparagraph is a nonprescription drug tentative final monograph described in sub- AFFECT SAFETY OR EFFECTIVENESS.—
which contains an active ingredient not pre- paragraph (B) shall be deemed to be a final ‘‘(A) IN GENERAL.—The Secretary shall
viously incorporated in a drug— administrative order under this subsection issue one or more administrative orders
‘‘(i) specified in subsection (a)(1), (a)(2), or and may be amended, revoked, or otherwise specifying requirements for determining
(a)(3); modified in accordance with the procedures whether a minor change made by a sponsor
‘‘(ii) subject to a final order under this sec- of this subsection. pursuant to this subsection will affect the
tion; or ‘‘(B) MONOGRAPHS DESCRIBED.—For pur- safety or effectiveness of a drug or materi-
‘‘(iii) subject to a final sunscreen order (as poses of subparagraph (A), a final monograph ally affect the extent of absorption or other
defined in section 586(2)(A)). or tentative final monograph is described in exposure to an active ingredient in the drug
‘‘(C) INFORMATION DEMONSTRATING PRIMA this subparagraph if it— in comparison to a suitable reference prod-
FACIE SAFE NONPRESCRIPTION MARKETING AND ‘‘(i) establishes conditions of use for a drug uct, together with guidance for applying
USE.—Information specified in this subpara- described in paragraph (1) or (2) of subsection those orders to specific dosage forms.
graph, with respect to a request described in (a); and ‘‘(B) STANDARD PRACTICES.—The orders and
subparagraph (A)(i), is— ‘‘(ii) represents the most recently promul- guidance issued by the Secretary under sub-
‘‘(i) information sufficient for a prima gated version of such conditions, including paragraph (A) shall take into account rel-
facie demonstration that the drug subject to as modified, in whole or in part, by any pro- evant public standards and standard prac-
such request has a verifiable history of being posed or final rule. tices for evaluating the quality of drugs, and
marketed and safely used by consumers in ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING may take into account the special needs of
the United States as a nonprescription drug TECHNICAL AMENDMENTS.—The deemed estab- populations, including children.
under comparable conditions of use; lishment of a final administrative order ‘‘(d) CONFIDENTIALITY OF INFORMATION SUB-
‘‘(ii) if the drug has not been previously MITTED TO THE SECRETARY.—
under subparagraph (A) shall be construed to
marketed in the United States as a non- include any technical amendments to such ‘‘(1) IN GENERAL.—Subject to paragraph (2),
prescription drug, information sufficient for order as the Secretary determines necessary any information, including reports of testing
a prima facie demonstration that the drug to ensure that such order is appropriately conducted on the drug or drugs involved,
was marketed and safely used under com- that is submitted by a requestor in connec-
harmonized, in terms of terminology or
parable conditions of marketing and use in a tion with proceedings on an order under this
cross-references, with the applicable provi-
country listed in section 802(b)(1)(A) or des- section (including any minor change under
sions of this Act (and regulations there-
ignated by the Secretary in accordance with subsection (c)) and is a trade secret or con-
under) and any other orders issued under this
section 802(b)(1)(B)— fidential information subject to section
section.
‘‘(I) for such period as needed to provide 552(b)(4) of title 5, United States Code, or sec-
reasonable assurances concerning the safe ‘‘(c) PROCEDURE FOR MINOR CHANGES.— tion 1905 of title 18, United States Code, shall
nonprescription use of the drug; and ‘‘(1) IN GENERAL.—Minor changes in the not be disclosed to the public unless the re-
‘‘(II) during such time was subject to suffi- dosage form of a drug that is described in questor consents to that disclosure.
cient monitoring by a regulatory body con- paragraph (1) or (2) of subsection (a) or the ‘‘(2) PUBLIC AVAILABILITY.—
sidered acceptable by the Secretary for such subject of an order issued under subsection ‘‘(A) IN GENERAL.—Except as provided in
monitoring purposes, including for adverse (b) may be made by a requestor without the subparagraph (B), the Secretary shall—
events associated with nonprescription use issuance of an order under subsection (b) if— ‘‘(i) make any information submitted by a
of the drug; or ‘‘(A) the requestor maintains such infor- requestor in support of a request under sub-
‘‘(iii) if the Secretary determines that in- mation as is necessary to demonstrate that section (b)(5)(A) available to the public not
formation described in clause (i) or (ii) is not the change— later than the date on which the proposed
needed to provide a prima facie demonstra- ‘‘(i) will not affect the safety or effective- order is issued; and
tion that the drug can be safely marketed ness of the drug; and ‘‘(ii) make any information submitted by
and used as a nonprescription drug, such ‘‘(ii) will not materially affect the extent any other person with respect to an order re-
other information the Secretary determines of absorption or other exposure to the active quested (or initiated by the Secretary) under
is sufficient for such purposes. ingredient in comparison to a suitable ref- subsection (b), available to the public upon
‘‘(D) MARKETING PURSUANT TO NEW DRUG erence product; and such submission.
APPLICATION.—In the case of a request de- ‘‘(B) the change is in conformity with the ‘‘(B) LIMITATIONS ON PUBLIC AVAIL-
scribed in subparagraph (A)(ii), the drug sub- requirements of an applicable administrative ABILITY.—Information described in subpara-
ject to such request may be resubmitted for order issued by the Secretary under para- graph (A) shall not be made public if—
filing only if— graph (3). ‘‘(i) the information pertains to pharma-
‘‘(i) the drug is marketed as a nonprescrip- ‘‘(2) ADDITIONAL INFORMATION.— ceutical quality information, unless such in-
tion drug, under conditions of use com- ‘‘(A) ACCESS TO RECORDS.—A sponsor shall formation is necessary to establish standards
parable to the conditions specified in the re- submit records requested by the Secretary under which a drug is generally recognized
quest, for such period as the Secretary deter- relating to such a minor change under sec- as safe and effective under section 201(p)(1);
mines appropriate (not to exceed 5 consecu- tion 704(a)(4), within 15 business days of re- ‘‘(ii) the information is submitted in a re-
tive years) pursuant to an application ap- ceiving such a request, or such longer period questor-initiated request, but the requestor
proved under section 505; and as the Secretary may provide. withdraws such request, in accordance with
‘‘(ii) during such period, 1,000,000 retail ‘‘(B) INSUFFICIENT INFORMATION.—If the withdrawal procedures established by the
packages of the drug, or an equivalent quan- Secretary determines that the information Secretary, before the Secretary issues the
tity as determined by the Secretary, were contained in such records is not sufficient to proposed order;
distributed for retail sale, as determined in demonstrate that the change does not affect ‘‘(iii) the Secretary requests and obtains
such manner as the Secretary finds appro- the safety or effectiveness of the drug or ma- the information under subsection (c) and
priate. terially affect the extent of absorption or such information is not submitted in rela-
‘‘(E) RULE OF APPLICATION.—Except in the other exposure to the active ingredient, the tion to an order under subsection (b); or
case of a request involving a drug described Secretary— ‘‘(iv) the information is of the type con-
in section 586(9), as in effect on January 1, ‘‘(i) may so inform the sponsor of the drug tained in raw datasets.
2017, if the Secretary refuses to file a request in writing; and ‘‘(e) UPDATES TO DRUG LISTING INFORMA-
under this paragraph, the requestor may not ‘‘(ii) if the Secretary so informs the spon- TION.—A sponsor who makes a change to a
file such request over protest under para- sor, shall provide the sponsor of the drug drug subject to this section shall submit up-
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graph (5)(A)(iii). with a reasonable opportunity to provide ad- dated drug listing information for the drug
‘‘(7) PACKAGING.—An administrative order ditional information. in accordance with section 510(j) within 30
issued under paragraph (2), (4)(A), or (5) may ‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFOR- calendar days of the date when the drug is
include requirements for the packaging of a MATION.—If the sponsor fails to provide such first commercially marketed, except that a
drug to encourage use in accordance with la- additional information within a time pre- sponsor who was the order requestor with re-
beling. Such requirements may include unit scribed by the Secretary, or if the Secretary spect to an order subject to subsection
dose packaging, requirements for products determines that such additional information (b)(5)(C) (or a licensee, assignee, or successor
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S2110 CONGRESSIONAL RECORD — SENATE March 25, 2020
in interest of such requestor) shall submit nonprescription drugs marketed pursuant to ‘‘(o) INAPPLICABILITY OF PAPERWORK RE-
updated drug listing information on or be- this section (including such requirements in DUCTION ACT.—Chapter 35 of title 44, United
fore the date when the drug is first commer- parts 201 and 250 of title 21, Code of Federal States Code, shall not apply to collections of
cially marketed. Regulations), shall be deemed to be final or- information made under this section.
‘‘(f) APPROVALS UNDER SECTION 505.—The ders under subsection (b), only as they apply
provisions of this section shall not be con- ‘‘(p) INAPPLICABILITY OF NOTICE AND COM-
to drugs—
MENT RULEMAKING AND OTHER REQUIRE-
strued to preclude a person from seeking or ‘‘(i) subject to paragraph (1), (2), (3), or (4)
MENTS.—The requirements of subsection (b)
maintaining the approval of an application of subsection (a); or
for a drug under sections 505(b)(1), 505(b)(2), shall apply with respect to orders issued
‘‘(ii) otherwise subject to an order under
and 505(j). A determination under this sec- under this section instead of the require-
this section.
tion that a drug is not subject to section ‘‘(3) WITHDRAWAL OF REGULATIONS.—The ments of subchapter II of chapter 5 of title 5,
503(b)(1), is generally recognized as safe and Secretary shall withdraw regulations estab- United States Code.
effective under section 201(p)(1), and is not a lishing final monographs and the procedures ‘‘(q) DEFINITIONS.—In this section:
new drug under section 201(p) shall con- governing the over-the-counter drug review ‘‘(1) The term ‘nonprescription drug’ refers
stitute a finding that the drug is safe and ef- under part 330 and other relevant parts of to a drug not subject to the requirements of
fective that may be relied upon for purposes title 21, Code of Federal Regulations (as in section 503(b)(1).
of an application under section 505(b)(2), so effect on the day before the date of the en- ‘‘(2) The term ‘sponsor’ refers to any per-
that the applicant shall be required to sub- actment of this section), or make technical son marketing, manufacturing, or processing
mit for purposes of such application only in- changes to such regulations to ensure con- a drug that—
formation needed to support any modifica- formity with appropriate terminology and ‘‘(A) is listed pursuant to section 510(j);
tion of the drug that is not covered by such cross references. Notwithstanding sub- and
determination under this section. chapter II of chapter 5 of title 5, United ‘‘(B) is or will be subject to an administra-
‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRA- States Code, any such withdrawal or tech- tive order under this section of the Food and
TIVE ORDERS.—The Secretary shall establish, nical changes shall be made without public Drug Administration.
maintain, update (as determined necessary notice and comment and shall be effective ‘‘(3) The term ‘requestor’ refers to any per-
by the Secretary but no less frequently than upon publication through notice in the Fed- son or group of persons marketing, manufac-
annually), and make publicly available, with eral Register (or upon such date as specified turing, processing, or developing a drug.’’.
respect to orders issued under this section— in such notice).
‘‘(1) a repository of each final order and in- ‘‘(l) GUIDANCE.—The Secretary shall issue (b) GAO STUDY.—Not later than 4 years
terim final order in effect, including the guidance that specifies— after the date of enactment of this Act, the
complete text of the order; and ‘‘(1) the procedures and principles for for- Comptroller General of the United States
‘‘(2) a listing of all orders proposed and mal meetings between the Secretary and shall submit a study to the Committee on
under development under subsection (b)(2), sponsors or requestors for drugs subject to Energy and Commerce of the House of Rep-
including— this section; resentatives and the Committee on Health,
‘‘(A) a brief description of each such order; ‘‘(2) the format and content of data sub- Education, Labor, and Pensions of the Sen-
and missions to the Secretary under this section; ate addressing the effectiveness and overall
‘‘(B) the Secretary’s expectations, if re- ‘‘(3) the format of electronic submissions impact of exclusivity under section 505G of
sources permit, for issuance of proposed or- to the Secretary under this section; the Federal Food, Drug, and Cosmetic Act,
ders over a 3-year period. ‘‘(4) consolidated proceedings for appeal as added by subsection (a), and section 586C
‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR and the procedures for such proceedings of such Act (21 U.S.C. 360fff–3), including the
REQUESTORS.—The Secretary shall establish where appropriate; and impact of such exclusivity on consumer ac-
procedures under which sponsors or reques- ‘‘(5) for minor changes in drugs, rec- cess. Such study shall include—
tors may meet with appropriate officials of ommendations on how to comply with the (1) an analysis of the impact of exclusivity
the Food and Drug Administration to obtain requirements in orders issued under sub- under such section 505G for nonprescription
advice on the studies and other information section (c)(3). drug products, including—
necessary to support submissions under this ‘‘(m) RULE OF CONSTRUCTION.— (A) the number of nonprescription drug
section and other matters relevant to the ‘‘(1) IN GENERAL.—This section shall not af- products that were granted exclusivity and
regulation of nonprescription drugs and the fect the treatment or status of a non- the indication for which the nonprescription
development of new nonprescription drugs prescription drug— drug products were determined to be gen-
under this section. ‘‘(A) that is marketed without an applica- erally recognized as safe and effective;
‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS tion approved under section 505 as of the (B) whether the exclusivity for such drug
OR REQUESTORS.—The Secretary shall estab- date of the enactment of this section; products was granted for—
lish procedures to facilitate efficient partici- ‘‘(B) that is not subject to an order issued (i) a new active ingredient (including any
pation by multiple sponsors or requestors in under this section; and ester or salt of the active ingredient); or
proceedings under this section, including ‘‘(C) to which paragraph (1), (2), (3), (4), or (ii) changes in the conditions of use of a
provision for joint meetings with multiple (5) of subsection (a) do not apply. drug, for which new human data studies con-
sponsors or requestors or with organizations ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY ducted or sponsored by the requestor were
nominated by sponsors or requestors to rep- FOUND TO BE SUBJECT TO TIME AND EXTENT RE- essential;
resent their interests in a proceeding. QUIREMENTS.— (C) whether, and to what extent, the exclu-
‘‘(j) ELECTRONIC FORMAT.—All submissions ‘‘(A) Notwithstanding subsection (a), a sivity impacted the requestor’s or sponsor’s
under this section shall be in electronic for- drug described in subparagraph (B) may only decision to develop the drug product;
mat. be lawfully marketed, without an applica- (D) an analysis of the implementation of
‘‘(k) EFFECT ON EXISTING REGULATIONS tion approved under section 505, pursuant to the exclusivity provision in such section
GOVERNING NONPRESCRIPTION DRUGS.— an order issued under this section. 505G, including—
‘‘(1) REGULATIONS OF GENERAL APPLICA- ‘‘(B) A drug described in this subparagraph (i) the resources used by the Food and Drug
BILITY TO NONPRESCRIPTION DRUGS.—Except is a drug which, prior to the date of the en- Administration;
as provided in this subsection, nothing in actment of this section, the Secretary deter- (ii) the impact of such provision on innova-
this section supersedes regulations estab- mined in a proposed or final rule to be ineli- tion, as well as research and development in
lishing general requirements for non- gible for review under the OTC drug review the nonprescription drug market;
prescription drugs, including regulations of (as such phrase ‘OTC drug review’ was used (iii) the impact of such provision on com-
general applicability contained in parts 201, in section 330.14 of title 21, Code of Federal petition in the nonprescription drug market;
250, and 330 of title 21, Code of Federal Regu- Regulations, as in effect on the day before (iv) the impact of such provision on con-
lations, or any successor regulations. The the date of the enactment of this section). sumer access to nonprescription drug prod-
Secretary shall establish or modify such reg- ‘‘(3) PRESERVATION OF AUTHORITY.— ucts;
ulations by means of rulemaking in accord- ‘‘(A) Nothing in paragraph (1) shall be con- (v) the impact of such provision on the
ance with section 553 of title 5, United States strued to preclude or limit the applicability prices of nonprescription drug products; and
Code. of any provision of this Act other than this (vi) whether the administrative orders ini-
‘‘(2) REGULATIONS ESTABLISHING REQUIRE- section. tiated by requestors under such section 505G
MENTS FOR SPECIFIC NONPRESCRIPTION ‘‘(B) Nothing in subsection (a) shall be con- have been sufficient to encourage the devel-
DRUGS.— strued to prohibit the Secretary from issuing opment of nonprescription drug products
‘‘(A) The provisions of section 310.545 of an order under this section finding a drug to that would likely not be otherwise devel-
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title 21, Code of Federal Regulations, as in be not generally recognized as safe and effec- oped, or developed in as timely a manner;
effect on the day before the date of the en- tive under section 201(p)(1), as the Secretary and
actment of this section, shall be deemed to determines appropriate. (E) whether the administrative orders ini-
be a final order under subsection (b). ‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug tiated by requestors under such section 505G
‘‘(B) Regulations in effect on the day be- is not subject to this section if an exemption have been sufficient incentive to encourage
fore the date of the enactment of this sec- for investigational use under section 505(i) is innovation in the nonprescription drug mar-
tion, establishing requirements for specific in effect for such drug. ket; and
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March 25, 2020 CONGRESSIONAL RECORD — SENATE S2111
(2) an analysis of the impact of exclusivity (1) APPLICABILITY OF SECTION 505G FOR PEND- order, or if the request for a confidential
under such section 586C for sunscreen ingre- ING SUBMISSIONS.— meeting fails to include sufficient informa-
dients, including— (A) IN GENERAL.—A sponsor of a non- tion upon which to base a substantive discus-
(A) the number of sunscreen ingredients prescription sunscreen active ingredient or sion. The Secretary shall publish a post-
that were granted exclusivity and the spe- combination of nonprescription sunscreen meeting summary of each confidential meet-
cific ingredient that was determined to be active ingredients that, as of the date of en- ing under this subparagraph that does not
generally recognized as safe and effective; actment of this Act, is subject to a proposed disclose confidential commercial informa-
(B) whether, and to what extent, the exclu- sunscreen order under section 586C of the tion or trade secrets. This subparagraph does
sivity impacted the requestor’s or sponsor’s Federal Food, Drug, and Cosmetic Act (21 not authorize the disclosure of confidential
decision to develop the sunscreen ingredient; U.S.C. 360fff–3) may elect, by means of giving commercial information or trade secrets
(C) whether, and to what extent, the sun- written notification to the Secretary of subject to 552(b)(4) of title 5, United States
screen ingredient granted exclusivity had Health and Human Services within 180 cal- Code, or section 1905 of title 18, United
previously been available outside of the endar days of the enactment of this Act, to States Code.’’.
United States; transition into the review of such ingredient (3) EXCLUSIVITY.—Section 586C of the Fed-
(D) an analysis of the implementation of or combination of ingredients pursuant to eral Food, Drug, and Cosmetic Act (21 U.S.C.
the exclusivity provision in such section the process set out in section 505G of the 360fff–3) is amended by adding at the end the
586C, including— Federal Food, Drug, and Cosmetic Act, as following:
(i) the resources used by the Food and Drug added by section 3851 of this subtitle. ‘‘(f) EXCLUSIVITY.—
Administration; (B) ELECTION EXERCISED.—Upon receipt by ‘‘(1) IN GENERAL.—A final sunscreen order
(ii) the impact of such provision on innova- the Secretary of Health and Human Services shall have the effect of authorizing solely
tion, as well as research and development in of a timely notification under subparagraph the order requestor (or the licensees, assign-
the sunscreen market; (A)— ees, or successors in interest of such re-
(iii) the impact of such provision on com- (i) the proposed sunscreen order involved is questor with respect to the subject of such
petition in the sunscreen market; deemed to be a request for an order under request and listed under paragraph (5)) for a
(iv) the impact of such provision on con- subsection (b) of section 505G of the Federal period of 18 months, to market a sunscreen
sumer access to sunscreen products; Food, Drug, and Cosmetic Act, as added by ingredient under this section incorporating
(v) the impact of such provision on the section 3851 of this subtitle; and changes described in paragraph (2) subject to
prices of sunscreen products; and (ii) such order is deemed to have been ac- the limitations under paragraph (4), begin-
(vi) whether the administrative orders ini- cepted for filing under subsection (b)(6)(A)(i) ning on the date the requestor (or any licens-
tiated by requestors under such section 505G of such section 505G. ees, assignees, or successors in interest of
have been utilized by sunscreen ingredient (C) ELECTION NOT EXERCISED.—If a notifica- such requestor with respect to the subject of
sponsors and whether such process has been tion under subparagraph (A) is not received such request and listed under paragraph (5))
sufficient to encourage the development of by the Secretary of Health and Human Serv- may lawfully market such sunscreen ingre-
sunscreen ingredients that would likely not ices within 180 calendar days of the date of dient pursuant to the order.
be otherwise developed, or developed in as enactment of this Act, the review of the pro- ‘‘(2) CHANGES DESCRIBED.—A change de-
posed sunscreen order described in subpara- scribed in this paragraph is a change subject
timely a manner; and
graph (A)—
(E) whether the administrative orders ini- to an order specified in paragraph (1) that
(i) shall continue under section 586C of the
tiated by requestors under such section 586C permits a sunscreen to contain an active
Federal Food, Drug, and Cosmetic Act (21
have been sufficient incentive to encourage sunscreen ingredient not previously incor-
U.S.C. 360fff–3); and
innovation in the sunscreen market. porated in a marketed sunscreen listed in
(ii) shall not be eligible for review under
(c) CONFORMING AMENDMENT.—Section paragraph (3).
section 505G, added by section 3851 of this
751(d)(1) of the Federal Food, Drug, and Cos- ‘‘(3) MARKETED SUNSCREEN.—The marketed
subtitle.
metic Act (21 U.S.C. 379r(d)(1)) is amended— sunscreen ingredients described in this para-
(2) DEFINITIONS.—In this subsection, the
(1) in the matter preceding subparagraph graph are sunscreen ingredients—
terms ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sun-
(A)— ‘‘(A) marketed in accordance with a final
screen active ingredient’’, and ‘‘proposed
(A) by striking ‘‘final regulation promul- monograph for sunscreen drug products set
sunscreen order’’ have the meanings given to
gated’’ and inserting ‘‘final order under sec- those terms in section 586 of the Federal forth at part 352 of title 21, Code of Federal
tion 505G’’; and Food, Drug, and Cosmetic Act (21 U.S.C. Regulations (as published at 64 Fed. Reg.
(B) by striking ‘‘and not misbranded’’; and 360fff). 27687); or
(2) in subparagraph (A), by striking ‘‘regu- (b) AMENDMENTS TO SUNSCREEN PROVI- ‘‘(B) marketed in accordance with a final
lation in effect’’ and inserting ‘‘regulation or SIONS.— order issued under this section.
order in effect’’. (1) FINAL SUNSCREEN ORDERS.—Paragraph ‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only
SEC. 3852. MISBRANDING. (3) of section 586C(e) of the Federal Food, one 18-month period may be granted per in-
Section 502 of the Federal Food, Drug, and Drug, and Cosmetic Act (21 U.S.C. 360fff–3(e)) gredient under paragraph (1).
Cosmetic Act (21 U.S.C. 352) is amended by is amended to read as follows: ‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR
adding at the end the following: ‘‘(3) RELATIONSHIP TO ORDERS UNDER SEC- SUCCESSORS IN INTEREST.—Requestors shall
‘‘(ee) If it is a nonprescription drug that is TION 505G.—A final sunscreen order shall be submit to the Secretary at the time when a
subject to section 505G, is not the subject of deemed to be a final order under section drug subject to such request is introduced or
an application approved under section 505, 505G.’’. delivered for introduction into interstate
and does not comply with the requirements (2) MEETINGS.—Paragraph (7) of section commerce, a list of licensees, assignees, or
under section 505G. 586C(b) of the Federal Food, Drug, and Cos- successors in interest under paragraph (1).’’.
‘‘(ff) If it is a drug and it was manufac- metic Act (21 U.S.C. 360fff–3(b)) is amended— (4) SUNSET PROVISION.—Subchapter I of
tured, prepared, propagated, compounded, or (A) by striking ‘‘A sponsor may request’’ chapter V of the Federal Food, Drug, and
processed in a facility for which fees have and inserting the following: Cosmetic Act (21 U.S.C. 360fff et seq.) is
not been paid as required by section 744M.’’. ‘‘(A) IN GENERAL.—A sponsor may request’’; amended by adding at the end the following:
SEC. 3853. DRUGS EXCLUDED FROM THE OVER- and ‘‘SEC. 586H. SUNSET.
THE-COUNTER DRUG REVIEW. (B) by adding at the end the following: ‘‘This subchapter shall cease to be effec-
(a) IN GENERAL.—Nothing in this Act (or ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor tive at the end of fiscal year 2022.’’.
the amendments made by this Act) shall may request one or more confidential meet- (5) TREATMENT OF FINAL SUNSCREEN
apply to any nonprescription drug (as de- ings with respect to a proposed sunscreen ORDER.—The Federal Food, Drug, and Cos-
fined in section 505G(q) of the Federal Food, order, including a letter deemed to be a pro- metic Act is amended by striking section
Drug, and Cosmetic Act, as added by section posed sunscreen order under paragraph (3), to 586E of such Act (21 U.S.C. 360fff–5).
3851 of this subtitle) which was excluded by discuss matters relating to data require- (c) TREATMENT OF AUTHORITY REGARDING
the Food and Drug Administration from the ments to support a general recognition of FINALIZATION OF SUNSCREEN MONOGRAPH.—
Over-the-Counter Drug Review in accordance safety and effectiveness involving confiden- (1) IN GENERAL.—
with the paragraph numbered 25 on page 9466 tial information and public information re- (A) REVISION OF FINAL SUNSCREEN ORDER.—
of volume 37 of the Federal Register, pub- lated to such proposed sunscreen order, as The Secretary of Health and Human Services
lished on May 11, 1972. appropriate. The Secretary shall convene a (referred to in this subsection as the ‘‘Sec-
(b) RULE OF CONSTRUCTION.—Nothing in confidential meeting with such sponsor in a retary’’) shall amend and revise the final ad-
this section shall be construed to preclude or reasonable time period. If a sponsor requests ministrative order concerning nonprescrip-
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limit the applicability of any other provision more than one confidential meeting for the tion sunscreen (referred to in this subsection
of the Federal Food, Drug, and Cosmetic Act same proposed sunscreen order, the Sec- as the ‘‘sunscreen order’’) for which the con-
(21 U.S.C. 301 et seq.). retary may refuse to grant an additional tent, prior to the date of enactment of this
SEC. 3854. TREATMENT OF SUNSCREEN INNOVA- confidential meeting request if the Secretary Act, was represented by the final monograph
TION ACT. determines that such additional confidential for sunscreen drug products set forth in part
(a) REVIEW OF NONPRESCRIPTION SUNSCREEN meeting is not reasonably necessary for the 352 of title 21, Code of Federal Regulations
ACTIVE INGREDIENTS.— sponsor to advance its proposed sunscreen (as in effect on May 21, 1999).
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S2112 CONGRESSIONAL RECORD — SENATE March 25, 2020
(B) ISSUANCE OF REVISED SUNSCREEN ORDER; of the date of a letter submitted by the Sec- ‘‘(4) The term ‘FDA establishment identi-
EFFECTIVE DATE.—A revised sunscreen order retary of Health and Human Services pursu- fier’ is the unique number automatically
described in subparagraph (A) shall be— ant to such subsection in which the Sec- generated by Food and Drug Administra-
(i) issued in accordance with the proce- retary indicates that the Food and Drug Ad- tion’s Field Accomplishments and Compli-
dures described in section 505G(b)(2) of the ministration has completed its evaluation ance Tracking System (FACTS) (or any suc-
Federal Food, Drug, and Cosmetic Act; and revised, in a final order, as applicable, cessor system).
(ii) issued in proposed form not later than the cough and cold monograph as described ‘‘(5) The term ‘OTC monograph drug’
18 months after the date of enactment of this in subsection (a)(2). means a nonprescription drug without an ap-
Act; and SEC. 3856. TECHNICAL CORRECTIONS. proved new drug application which is gov-
(iii) issued by the Secretary at least 1 year (a) IMPORTS AND EXPORTS.—Section erned by the provisions of section 505G.
prior to the effective date of the revised 801(e)(4)(E)(iii) of the Federal Food, Drug, ‘‘(6) The term ‘OTC monograph drug activi-
order. and Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) ties’ means activities of the Secretary asso-
(2) REPORTS.—If a revised sunscreen order is amended by striking ‘‘subparagraph’’ each ciated with OTC monograph drugs and in-
issued under paragraph (1) does not include place such term appears and inserting ‘‘para- spection of facilities associated with such
provisions related to the effectiveness of var- graph’’.
products, including the following activities:
ious sun protection factor levels, and does (b) FDA REAUTHORIZATION ACT OF 2017.—
not address all dosage forms known to the (1) IN GENERAL.—Section 905(b)(4) of the ‘‘(A) The activities necessary for review
Secretary to be used in sunscreens marketed FDA Reauthorization Act of 2017 (Public and evaluation of OTC monographs and OTC
in the United States without a new drug ap- Law 115–52) is amended by striking ‘‘Section monograph order requests, including—
plication approved under section 505 of the 744H(e)(2)(B)’’ and inserting ‘‘Section ‘‘(i) orders proposing or finalizing applica-
Federal Food, Drug, and Cosmetic Act (21 744H(f)(2)(B)’’. ble conditions of use for OTC monograph
U.S.C. 355), the Secretary shall submit a re- (2) EFFECTIVE DATE.—The amendment drugs;
port to the Committee on Energy and Com- made by paragraph (1) shall take effect as of ‘‘(ii) orders affecting status regarding gen-
merce of the House of Representatives and the enactment of the FDA Reauthorization eral recognition of safety and effectiveness
the Committee on Health, Education, Labor, Act of 2017 (Public Law 115–52). of an OTC monograph ingredient or combina-
and Pensions of the Senate on the rationale tion of ingredients under specified conditions
PART II—USER FEES
for omission of such provisions from such of use;
SEC. 3861. FINDING.
order, and a plan and timeline to compile ‘‘(iii) all OTC monograph drug develop-
The Congress finds that the fees authorized ment and review activities, including intra-
any information necessary to address such
by the amendments made in this part will be agency collaboration;
provisions through such order.
dedicated to OTC monograph drug activities,
(d) TREATMENT OF NON-SUNSCREEN TIME ‘‘(iv) regulation and policy development
AND EXTENT APPLICATIONS.—
as set forth in the goals identified for pur-
activities related to OTC monograph drugs;
(1) IN GENERAL.—Any application described poses of part 10 of subchapter C of chapter
‘‘(v) development of product standards for
in section 586F of the Federal Food, Drug, VII of the Federal Food, Drug, and Cosmetic
products subject to review and evaluation;
and Cosmetic Act (21 U.S.C. 360fff–6) that was Act, in the letters from the Secretary of
Health and Human Services to the Chairman ‘‘(vi) meetings referred to in section
submitted to the Secretary pursuant to sec- 505G(i);
tion 330.14 of title 21, Code of Federal Regula- of the Committee on Health, Education,
Labor, and Pensions of the Senate and the ‘‘(vii) review of labeling prior to issuance
tions, as such provisions were in effect im- of orders related to OTC monograph drugs or
mediately prior to the date of enactment Chairman of the Committee on Energy and
Commerce of the House of Representatives, conditions of use; and
date of this Act, shall be extinguished as of ‘‘(viii) regulatory science activities related
such date of enactment, subject to paragraph as set forth in the Congressional Record.
SEC. 3862. FEES RELATING TO OVER-THE- to OTC monograph drugs.
(2). ‘‘(B) Inspections related to OTC monograph
COUNTER DRUGS.
(2) ORDER REQUEST.—Nothing in paragraph drugs.
Subchapter C of chapter VII of the Federal
(1) precludes the submission of an order re- ‘‘(C) Monitoring of clinical and other re-
Food, Drug, and Cosmetic Act (21 U.S.C. 379f
quest under section 505G(b) of the Federal search conducted in connection with OTC
et seq.) is amended by inserting after part 9
Food, Drug, and Cosmetic Act, as added by monograph drugs.
the following:
section 3851 of this subtitle, with respect to ‘‘(D) Safety activities with respect to OTC
a drug that was the subject of an application ‘‘PART 10—FEES RELATING TO OVER-THE-
COUNTER DRUGS monograph drugs, including—
extinguished under paragraph (1). ‘‘(i) collecting, developing, and reviewing
SEC. 3855. ANNUAL UPDATE TO CONGRESS ON ‘‘SEC. 744L. DEFINITIONS.
safety information on OTC monograph drugs,
APPROPRIATE PEDIATRIC INDICA- ‘‘In this part:
TION FOR CERTAIN OTC COUGH AND including adverse event reports;
‘‘(1) The term ‘affiliate’ means a business
COLD DRUGS. entity that has a relationship with a second ‘‘(ii) developing and using improved ad-
(a) IN GENERAL.—Subject to subsection (c), business entity if, directly or indirectly— verse event data-collection systems, includ-
the Secretary of Health and Human Services ‘‘(A) one business entity controls, or has ing information technology systems; and
shall, beginning not later than 1 year after the power to control, the other business enti- ‘‘(iii) developing and using improved ana-
the date of enactment of this Act, annually ty; or lytical tools to assess potential safety risks,
submit to the Committee on Energy and ‘‘(B) a third party controls, or has power to including access to external databases.
Commerce of the House of Representatives control, both of the business entities. ‘‘(E) Other activities necessary for imple-
and the Committee on Health, Education, ‘‘(2) The term ‘contract manufacturing or- mentation of section 505G.
Labor, and Pensions of the Senate a letter ganization facility’ means an OTC mono- ‘‘(7) The term ‘OTC monograph order re-
describing the progress of the Food and Drug graph drug facility where neither the owner quest’ means a request for an order sub-
Administration— of such manufacturing facility nor any affil- mitted under section 505G(b)(5).
(1) in evaluating the cough and cold mono- iate of such owner or facility sells the OTC ‘‘(8) The term ‘Tier 1 OTC monograph order
graph described in subsection (b) with re- monograph drug produced at such facility di- request’ means any OTC monograph order re-
spect to children under age 6; and rectly to wholesalers, retailers, or consumers quest not determined to be a Tier 2 OTC
(2) as appropriate, revising such cough and in the United States. monograph order request.
cold monograph to address such children ‘‘(3) The term ‘costs of resources allocated ‘‘(9)(A) The term ‘Tier 2 OTC monograph
through the order process under section for OTC monograph drug activities’ means order request’ means, subject to subpara-
505G(b) of the Federal Food, Drug, and Cos- the expenses in connection with OTC mono- graph (B), an OTC monograph order request
metic Act, as added by section 3851 of this graph drug activities for— for—
subtitle. ‘‘(A) officers and employees of the Food ‘‘(i) the reordering of existing information
(b) COUGH AND COLD MONOGRAPH DE- in the drug facts label of an OTC monograph
and Drug Administration, contractors of the
SCRIBED.—The cough and cold monograph de-
Food and Drug Administration, advisory drug;
scribed in this subsection consists of the con- ‘‘(ii) the addition of information to the
ditions under which nonprescription drugs committees, and costs related to such offi-
cers, employees, and committees and costs other information section of the drug facts
containing antitussive, expectorant, nasal
related to contracts with such contractors; label of an OTC monograph drug, as limited
decongestant, or antihistamine active ingre-
‘‘(B) management of information, and the by section 201.66(c)(7) of title 21, Code of Fed-
dients (or combinations thereof) are gen-
erally recognized as safe and effective, as acquisition, maintenance, and repair of com- eral Regulations (or any successor regula-
specified in part 341 of title 21, Code of Fed- puter resources; tions);
eral Regulations (as in effect immediately ‘‘(C) leasing, maintenance, renovation, and ‘‘(iii) modification to the directions for use
dlhill on DSKBBY8HB2PROD with SENATE
prior to the date of enactment of this Act), repair of facilities and acquisition, mainte- section of the drug facts label of an OTC
and included in an order deemed to be estab- nance, and repair of fixtures, furniture, sci- monograph drug, if such changes conform to
lished under section 505G(b) of the Federal entific equipment, and other necessary ma- changes made pursuant to section
Food, Drug, and Cosmetic Act, as added by terials and supplies; and 505G(c)(3)(A);
section 3851 of this subtitle. ‘‘(D) collecting fees under section 744M and ‘‘(iv) the standardization of the concentra-
(c) DURATION OF AUTHORITY.—The require- accounting for resources allocated for OTC tion or dose of a specific finalized ingredient
ment under subsection (a) shall terminate as monograph drug activities. within a particular finalized monograph;
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