Congressional Record, House, March 27, 2020 — Middle Class Health Benefits Tax Repeal Act of 2019 (H1732)
Summary
Page H1732 of the House section of the Congressional Record for March 27, 2020. Hoyer, pursuant to House Resolution 911, calls up the bill to amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage, with the Senate amendment. The Senate amendment strikes all after the enacting clause and inserts the Coronavirus Aid, Relief, and Economic Security Act, or the CARES Act. The table of contents lists Division A, with Title I, the Keeping American Workers Paid and Employed Act, Title II on assistance for American workers, families, and businesses, and Title III on supporting America's health care system.
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“Congressional Record, House, March 27, 2020 — Middle Class Health Benefits Tax Repeal Act of 2019 (H1732).”
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H1732 CONGRESSIONAL RECORD — HOUSE March 27, 2020
MIDDLE CLASS HEALTH BENEFITS Sec. 2114. Extended unemployment benefits Sec. 3212. Telehealth network and telehealth re-
TAX REPEAL ACT OF 2019 under the Railroad Unemploy- source centers grant programs.
ment Insurance Act. Sec. 3213. Rural health care services outreach,
Mr. HOYER. Mr. Speaker, pursuant Sec. 2115. Funding for the DOL Office of In- rural health network develop-
to House Resolution 911, I call up the spector General for oversight of ment, and small health care pro-
bill (H.R. 748) to amend the Internal unemployment provisions. vider quality improvement grant
Revenue Code of 1986 to repeal the ex- Sec. 2116. Implementation. programs.
cise tax on high cost employer-spon- Subtitle B—Rebates and Other Individual Sec. 3214. United States Public Health Service
sored health coverage, with the Senate Provisions Modernization.
Sec. 3215. Limitation on liability for volunteer
amendment thereto, and ask for its im- Sec. 2201. 2020 recovery rebates for individuals.
health care professionals during
mediate consideration. Sec. 2202. Special rules for use of retirement
COVID–19 emergency response.
The Clerk read the title of the bill. funds.
Sec. 3216. Flexibility for members of National
The SPEAKER pro tempore. The Sec. 2203. Temporary waiver of required min-
Health Service Corps during emer-
imum distribution rules for certain
Clerk will designate the Senate amend- retirement plans and accounts.
gency period.
ment. Sec. 2204. Allowance of partial above the line SUBPART C—MISCELLANEOUS PROVISIONS
Senate amendment: deduction for charitable contribu- Sec. 3221. Confidentiality and disclosure of
Strike all after the enacting clause and in- tions. records relating to substance use
sert the following: Sec. 2205. Modification of limitations on chari- disorder.
SECTION 1. SHORT TITLE. table contributions during 2020. Sec. 3222. Nutrition services.
Sec. 2206. Exclusion for certain employer pay- Sec. 3223. Continuity of service and opportuni-
This Act may be cited as the ‘‘Coronavirus
ments of student loans. ties for participants in community
Aid, Relief, and Economic Security Act’’ or the
‘‘CARES Act’’. Subtitle C—Business Provisions service activities under title V of
the Older Americans Act of 1965.
SEC. 2. TABLE OF CONTENTS. Sec. 2301. Employee retention credit for employ-
Sec. 3224. Guidance on protected health infor-
The table of contents for this Act is as follows: ers subject to closure due to
mation.
Sec. 1. Short title. COVID–19.
Sec. 3225. Reauthorization of healthy start pro-
Sec. 2. Table of contents. Sec. 2302. Delay of payment of employer payroll
gram.
Sec. 3. References. taxes.
Sec. 3226. Importance of the blood supply.
Sec. 2303. Modifications for net operating
DIVISION A—KEEPING WORKERS PAID losses. PART III—INNOVATION
AND EMPLOYED, HEALTH CARE SYSTEM Sec. 2304. Modification of limitation on losses Sec. 3301. Removing the cap on OTA during
ENHANCEMENTS, AND ECONOMIC STA- for taxpayers other than corpora- public health emergencies.
BILIZATION tions. Sec. 3302. Priority zoonotic animal drugs.
TITLE I—KEEPING AMERICAN WORKERS Sec. 2305. Modification of credit for prior year PART IV—HEALTH CARE WORKFORCE
PAID AND EMPLOYED ACT minimum tax liability of corpora-
Sec. 3401. Reauthorization of health professions
Sec. 1101. Definitions. tions.
workforce programs.
Sec. 1102. Paycheck protection program. Sec. 2306. Modifications of limitation on busi-
Sec. 3402. Health workforce coordination.
Sec. 1103. Entrepreneurial development. ness interest.
Sec. 3403. Education and training relating to
Sec. 1104. State trade expansion program. Sec. 2307. Technical amendments regarding
geriatrics.
Sec. 1105. Waiver of matching funds require- qualified improvement property.
Sec. 3404. Nursing workforce development.
ment under the women’s business Sec. 2308. Temporary exception from excise tax
center program. for alcohol used to produce hand Subtitle B—Education Provisions
Sec. 1106. Loan forgiveness. sanitizer. Sec. 3501. Short title.
Sec. 1107. Direct appropriations. TITLE III—SUPPORTING AMERICA’S Sec. 3502. Definitions.
Sec. 1108. Minority business development agen- HEALTH CARE SYSTEM IN THE FIGHT Sec. 3503. Campus-based aid waivers.
cy. AGAINST THE CORONAVIRUS Sec. 3504. Use of supplemental educational op-
Sec. 1109. United States Treasury Program portunity grants for emergency
Subtitle A—Health Provisions
Management Authority. aid.
Sec. 1110. Emergency EIDL grants. Sec. 3001. Short title. Sec. 3505. Federal work-study during a quali-
Sec. 1111. Resources and services in languages PART I—ADDRESSING SUPPLY SHORTAGES fying emergency.
other than English. SUBPART A—MEDICAL PRODUCT SUPPLIES Sec. 3506. Adjustment of subsidized loan usage
Sec. 1112. Subsidy for certain loan payments. limits.
Sec. 3101. National Academies report on Amer-
Sec. 1113. Bankruptcy. Sec. 3507. Exclusion from Federal Pell Grant
ica’s medical product supply
Sec. 1114. Emergency rulemaking authority. duration limit.
chain security.
TITLE II—ASSISTANCE FOR AMERICAN Sec. 3102. Requiring the strategic national Sec. 3508. Institutional refunds and Federal
WORKERS, FAMILIES, AND BUSINESSES stockpile to include certain types student loan flexibility.
Subtitle A—Unemployment Insurance Provisions of medical supplies. Sec. 3509. Satisfactory academic progress.
Sec. 3103. Treatment of respiratory protective Sec. 3510. Continuing education at affected for-
Sec. 2101. Short title. eign institutions.
Sec. 2102. Pandemic Unemployment Assistance. devices as covered counter-
measures. Sec. 3511. National emergency educational
Sec. 2103. Emergency unemployment relief for waivers.
governmental entities and non- SUBPART B—MITIGATING EMERGENCY DRUG Sec. 3512. HBCU Capital financing.
profit organizations. SHORTAGES Sec. 3513. Temporary relief for federal student
Sec. 2104. Emergency increase in unemployment Sec. 3111. Prioritize reviews of drug applica- loan borrowers.
compensation benefits. tions; incentives. Sec. 3514. Provisions related to the Corporation
Sec. 2105. Temporary full Federal funding of Sec. 3112. Additional manufacturer reporting for National and Community
the first week of compensable reg- requirements in response to drug Service.
ular unemployment for States shortages. Sec. 3515. Workforce response activities.
with no waiting week. Sec. 3516. Technical amendments.
SUBPART C—PREVENTING MEDICAL DEVICE
Sec. 2106. Emergency State staffing flexibility. Sec. 3517. Waiver authority and reporting re-
SHORTAGES
Sec. 2107. Pandemic emergency unemployment quirement for institutional aid.
compensation. Sec. 3121. Discontinuance or interruption in the
production of medical devices. Sec. 3518. Authorized uses and other modifica-
Sec. 2108. Temporary financing of short-time
tions for grants.
compensation payments in States PART II—ACCESS TO HEALTH CARE FOR Sec. 3519. Service obligations for teachers.
with programs in law. COVID–19 PATIENTS
Sec. 2109. Temporary financing of short-time Subtitle C—Labor Provisions
SUBPART A—COVERAGE OF TESTING AND
compensation agreements. PREVENTIVE SERVICES Sec. 3601. Limitation on paid leave.
Sec. 2110. Grants for short-time compensation Sec. 3602. Emergency Paid Sick Leave Act Limi-
Sec. 3201. Coverage of diagnostic testing for
programs. tation.
COVID–19.
Sec. 2111. Assistance and guidance in imple- Sec. 3603. Unemployment insurance.
Sec. 3202. Pricing of diagnostic testing.
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menting programs. Sec. 3604. OMB Waiver of Paid Family and
Sec. 3203. Rapid coverage of preventive services
Sec. 2112. Waiver of the 7-day waiting period Paid Sick Leave.
and vaccines for coronavirus.
for benefits under the Railroad Sec. 3605. Paid leave for rehired employees.
Unemployment Insurance Act. SUBPART B—SUPPORT FOR HEALTH CARE Sec. 3606. Advance refunding of credits.
Sec. 2113. Enhanced benefits under the Rail- PROVIDERS Sec. 3607. Expansion of DOL Authority to post-
road Unemployment Insurance Sec. 3211. Supplemental awards for health cen- pone certain deadlines.
Act. ters. Sec. 3608. Single-employer plan funding rules.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1733
Sec. 3609. Application of cooperative and small Sec. 3813. Delay of DSH reductions. Sec. 4023. Forbearance of residential mortgage
employer charity pension plan Sec. 3814. Extension and expansion of Commu- loan payments for multifamily
rules to certain charitable employ- nity Mental Health Services dem- properties with federally backed
ers whose primary exempt purpose onstration program. loans.
is providing services with respect PART III—HUMAN SERVICES AND OTHER Sec. 4024. Temporary moratorium on eviction
to mothers and children. HEALTH PROGRAMS filings.
Sec. 3610. Federal contractor authority. Sec. 3821. Extension of sexual risk avoidance Sec. 4025. Protection of collective bargaining
Sec. 3611. Technical corrections. agreement.
education program.
Subtitle D—Finance Committee Sec. 3822. Extension of personal responsibility Sec. 4026. Reports.
Sec. 3701. Exemption for telehealth services. education program. Sec. 4027. Direct appropriation.
Sec. 3702. Inclusion of certain over-the-counter Sec. 3823. Extension of demonstration projects Sec. 4028. Rule of construction.
medical products as qualified to address health professions Sec. 4029. Termination of authority.
medical expenses. workforce needs. Subtitle B—Air Carrier Worker Support
Sec. 3703. Increasing Medicare telehealth flexi- Sec. 3824. Extension of the temporary assistance Sec. 4111. Definitions.
bilities during emergency period. for needy families program and Sec. 4112. Pandemic relief for aviation workers.
Sec. 3704. Enhancing Medicare telehealth serv- related programs. Sec. 4113. Procedures for providing payroll sup-
ices for Federally qualified health PART IV—PUBLIC HEALTH PROVISIONS port.
centers and rural health clinics Sec. 4114. Required assurances.
Sec. 3831. Extension for community health cen-
during emergency period. Sec. 4115. Protection of collective bargaining
Sec. 3705. Temporary waiver of requirement for ters, the National Health Service
Corps, and teaching health cen- agreement.
face-to-face visits between home Sec. 4116. Limitation on certain employee com-
dialysis patients and physicians. ters that operate GME programs.
Sec. 3832. Diabetes programs. pensation.
Sec. 3706. Use of telehealth to conduct face-to-
PART V—MISCELLANEOUS PROVISIONS Sec. 4117. Tax payer protection.
face encounter prior to recertifi-
Sec. 4118. Reports.
cation of eligibility for hospice Sec. 3841. Prevention of duplicate appropria- Sec. 4119. Coordination.
care during emergency period. tions for fiscal year 2020. Sec. 4120. Direct appropriation.
Sec. 3707. Encouraging use of telecommuni- Subtitle F—Over-the-Counter Drugs
cations systems for home health TITLE V—CORONAVIRUS RELIEF FUNDS
services furnished during emer- PART I—OTC DRUG REVIEW Sec. 5001. Coronavirus Relief Fund.
gency period. Sec. 3851. Regulation of certain nonprescription
TITLE VI—MISCELLANEOUS PROVISIONS
Sec. 3708. Improving care planning for Medi- drugs that are marketed without
an approved drug application. Sec. 6001. COVID–19 borrowing authority for
care home health services.
Sec. 3709. Adjustment of sequestration. Sec. 3852. Misbranding. the United States Postal Service.
Sec. 3710. Medicare hospital inpatient prospec- Sec. 3853. Drugs excluded from the over-the- Sec. 6002. Emergency designation.
tive payment system add-on pay- counter drug review. DIVISION B—EMERGENCY APPROPRIA-
ment for COVID–19 patients dur- Sec. 3854. Treatment of Sunscreen Innovation TIONS FOR CORONAVIRUS HEALTH RE-
ing emergency period. Act. SPONSE AND AGENCY OPERATIONS
Sec. 3711. Increasing access to post-acute care Sec. 3855. Annual update to Congress on appro- SEC. 3. REFERENCES.
during emergency period. priate pediatric indication for cer- Except as expressly provided otherwise, any
Sec. 3712. Revising payment rates for durable tain OTC cough and cold drugs. reference to ‘‘this Act’’ contained in any divi-
medical equipment under the Sec. 3856. Technical corrections.
sion of this Act shall be treated as referring only
Medicare program through dura- PART II—USER FEES to the provisions of that division.
tion of emergency period. Sec. 3861. Finding.
Sec. 3713. Coverage of the COVID–19 vaccine DIVISION A—KEEPING WORKERS PAID
Sec. 3862. Fees relating to over-the-counter AND EMPLOYED, HEALTH CARE SYSTEM
under part B of the Medicare pro- drugs.
gram without any cost-sharing. ENHANCEMENTS, AND ECONOMIC STA-
Sec. 3714. Requiring Medicare prescription drug TITLE IV—ECONOMIC STABILIZATION AND BILIZATION
plans and MA–PD plans to allow ASSISTANCE TO SEVERELY DISTRESSED TITLE I—KEEPING AMERICAN WORKERS
during the COVID–19 emergency SECTORS OF THE UNITED STATES ECON- PAID AND EMPLOYED ACT
period for fills and refills of cov- OMY
SEC. 1101. DEFINITIONS.
ered part D drugs for up to a 3- Subtitle A—Coronavirus Economic Stabilization
In this title—
month supply. Act of 2020
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
Sec. 3715. Providing home and community- Sec. 4001. Short title. trator’’ mean the Small Business Administration
based services in acute care hos- Sec. 4002. Definitions. and the Administrator thereof, respectively; and
pitals. Sec. 4003. Emergency relief and taxpayer pro- (2) the term ‘‘small business concern’’ has the
Sec. 3716. Clarification regarding uninsured in- tections. meaning given the term in section 3 of the Small
dividuals. Sec. 4004. Limitation on certain employee com- Business Act (15 U.S.C. 636).
Sec. 3717. Clarification regarding coverage of pensation. SEC. 1102. PAYCHECK PROTECTION PROGRAM.
COVID–19 testing products. Sec. 4005. Continuation of certain air service.
Sec. 3718. Amendments relating to reporting re- Sec. 4006. Coordination with Secretary of (a) IN GENERAL.—Section 7(a) of the Small
quirements with respect to clinical Transportation. Business Act (15 U.S.C. 636(a)) is amended—
diagnostic laboratory tests. Sec. 4007. Suspension of certain aviation excise (1) in paragraph (2)—
Sec. 3719. Expansion of the Medicare hospital taxes. (A) in subparagraph (A), in the matter pre-
accelerated payment program dur- Sec. 4008. Debt guarantee authority. ceding clause (i), by striking ‘‘and (E)’’ and in-
ing the COVID–19 public health Sec. 4009. Temporary Government in the Sun- serting ‘‘(E), and (F)’’; and
emergency. shine Act relief. (B) by adding at the end the following:
Sec. 3720. Delaying requirements for enhanced Sec. 4010. Temporary hiring flexibility. ‘‘(F) PARTICIPATION IN THE PAYCHECK PROTEC-
FMAP to enable State legislation Sec. 4011. Temporary lending limit waiver. TION PROGRAM.—In an agreement to participate
necessary for compliance. Sec. 4012. Temporary relief for community in a loan on a deferred basis under paragraph
Subtitle E—Health and Human Services banks. (36), the participation by the Administration
Extenders Sec. 4013. Temporary relief from troubled debt shall be 100 percent.’’; and
restructurings. (2) by adding at the end the following:
PART I—MEDICARE PROVISIONS
Sec. 4014. Optional temporary relief from cur- ‘‘(36) PAYCHECK PROTECTION PROGRAM.—
Sec. 3801. Extension of the work geographic ‘‘(A) DEFINITIONS.—In this paragraph—
rent expected credit losses.
index floor under the Medicare ‘‘(i) the terms ‘appropriate Federal banking
Sec. 4015. Non-applicability of restrictions on
program. agency’ and ‘insured depository institution’
ESF during national emergency.
Sec. 3802. Extension of funding for quality have the meanings given those terms in section
Sec. 4016. Temporary credit union provisions.
measure endorsement, input, and 3 of the Federal Deposit Insurance Act (12
Sec. 4017. Increasing access to materials nec-
selection. U.S.C. 1813);
essary for national security and
Sec. 3803. Extension of funding outreach and ‘‘(ii) the term ‘covered loan’ means a loan
pandemic recovery.
assistance for low-income pro- made under this paragraph during the covered
Sec. 4018. Special Inspector General for Pan-
grams.
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demic Recovery. period;
PART II—MEDICAID PROVISIONS Sec. 4019. Conflicts of interest. ‘‘(iii) the term ‘covered period’ means the pe-
Sec. 3811. Extension of the Money Follows the Sec. 4020. Congressional Oversight Commission. riod beginning on February 15, 2020 and ending
Person rebalancing demonstration Sec. 4021. Credit protection during COVID–19. on June 30, 2020;
program. Sec. 4022. Foreclosure moratorium and con- ‘‘(iv) the term ‘eligible recipient’ means an in-
Sec. 3812. Extension of spousal impoverishment sumer right to request forbear- dividual or entity that is eligible to receive a
protections. ance. covered loan;
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H1734 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(v) the term ‘eligible self-employed indi- ‘‘(I) IN GENERAL.—During the covered period, riod beginning on January 31, 2020 and ending
vidual’ has the meaning given the term in sec- individuals who operate under a sole proprietor- on the date on which covered loans are made
tion 7002(b) of the Families First Coronavirus ship or as an independent contractor and eligi- available to be refinanced under the covered
Response Act (Public Law 116–127); ble self-employed individuals shall be eligible to loan; or
‘‘(vi) the term ‘insured credit union’ has the receive a covered loan. ‘‘(ii) $10,000,000.
meaning given the term in section 101 of the ‘‘(II) DOCUMENTATION.—An eligible self-em- ‘‘(F) ALLOWABLE USES OF COVERED LOANS.—
Federal Credit Union Act (12 U.S.C. 1752); ployed individual, independent contractor, or ‘‘(i) IN GENERAL.—During the covered period,
‘‘(vii) the term ‘nonprofit organization’ means sole proprietorship seeking a covered loan shall an eligible recipient may, in addition to the al-
an organization that is described in section submit such documentation as is necessary to lowable uses of a loan made under this sub-
501(c)(3) of the Internal Revenue Code of 1986 establish such individual as eligible, including section, use the proceeds of the covered loan
and that is exempt from taxation under section payroll tax filings reported to the Internal Rev- for—
501(a) of such Code; enue Service, Forms 1099–MISC, and income and ‘‘(I) payroll costs;
‘‘(viii) the term ‘payroll costs’— ‘‘(II) costs related to the continuation of
expenses from the sole proprietorship, as deter-
‘‘(I) means— group health care benefits during periods of
mined by the Administrator and the Secretary.
‘‘(aa) the sum of payments of any compensa- ‘‘(iii) BUSINESS CONCERNS WITH MORE THAN 1 paid sick, medical, or family leave, and insur-
tion with respect to employees that is a— PHYSICAL LOCATION.—During the covered pe-
ance premiums;
‘‘(AA) salary, wage, commission, or similar ‘‘(III) employee salaries, commissions, or simi-
riod, any business concern that employs not
compensation; lar compensations;
more than 500 employees per physical location ‘‘(IV) payments of interest on any mortgage
‘‘(BB) payment of cash tip or equivalent; of the business concern and that is assigned a
‘‘(CC) payment for vacation, parental, family, obligation (which shall not include any prepay-
North American Industry Classification System ment of or payment of principal on a mortgage
medical, or sick leave; code beginning with 72 at the time of disbursal
‘‘(DD) allowance for dismissal or separation; obligation);
shall be eligible to receive a covered loan. ‘‘(V) rent (including rent under a lease agree-
‘‘(EE) payment required for the provisions of ‘‘(iv) WAIVER OF AFFILIATION RULES.—During
group health care benefits, including insurance ment);
the covered period, the provisions applicable to ‘‘(VI) utilities; and
premiums; affiliations under section 121.103 of title 13,
‘‘(FF) payment of any retirement benefit; or ‘‘(VII) interest on any other debt obligations
Code of Federal Regulations, or any successor that were incurred before the covered period.
‘‘(GG) payment of State or local tax assessed
regulation, are waived with respect to eligibility ‘‘(ii) DELEGATED AUTHORITY.—
on the compensation of employees; and ‘‘(I) IN GENERAL.—For purposes of making
‘‘(bb) the sum of payments of any compensa- for a covered loan for—
‘‘(I) any business concern with not more than covered loans for the purposes described in
tion to or income of a sole proprietor or inde-
500 employees that, as of the date on which the clause (i), a lender approved to make loans
pendent contractor that is a wage, commission, under this subsection shall be deemed to have
covered loan is disbursed, is assigned a North
income, net earnings from self-employment, or been delegated authority by the Administrator
American Industry Classification System code
similar compensation and that is in an amount to make and approve covered loans, subject to
beginning with 72;
that is not more than $100,000 in 1 year, as pro- ‘‘(II) any business concern operating as a the provisions of this paragraph.
rated for the covered period; and franchise that is assigned a franchise identifier ‘‘(II) CONSIDERATIONS.—In evaluating the eli-
‘‘(II) shall not include— gibility of a borrower for a covered loan with
code by the Administration; and
‘‘(aa) the compensation of an individual em- ‘‘(III) any business concern that receives fi- the terms described in this paragraph, a lender
ployee in excess of an annual salary of $100,000, nancial assistance from a company licensed shall consider whether the borrower—
as prorated for the covered period; under section 301 of the Small Business Invest- ‘‘(aa) was in operation on February 15, 2020;
‘‘(bb) taxes imposed or withheld under chap- and
ment Act of 1958 (15 U.S.C. 681).
ters 21, 22, or 24 of the Internal Revenue Code ‘‘(v) EMPLOYEE.—For purposes of determining ‘‘(bb)(AA) had employees for whom the bor-
of 1986 during the covered period; whether a business concern, nonprofit organiza- rower paid salaries and payroll taxes; or
‘‘(cc) any compensation of an employee whose tion, veterans organization, or Tribal business ‘‘(BB) paid independent contractors, as re-
principal place of residence is outside of the concern described in section 31(b)(2)(C) employs ported on a Form 1099–MISC.
United States; not more than 500 employees under clause (i)(I), ‘‘(iii) ADDITIONAL LENDERS.—The authority to
‘‘(dd) qualified sick leave wages for which a make loans under this paragraph shall be ex-
the term ‘employee’ includes individuals em-
credit is allowed under section 7001 of the Fami- tended to additional lenders determined by the
ployed on a full-time, part-time, or other basis.
lies First Coronavirus Response Act (Public Law ‘‘(vi) AFFILIATION.—The provisions applicable Administrator and the Secretary of the Treasury
116–127); or to affiliations under section 121.103 of title 13, to have the necessary qualifications to process,
‘‘(ee) qualified family leave wages for which a close, disburse and service loans made with the
Code of Federal Regulations, or any successor
credit is allowed under section 7003 of the Fami- guarantee of the Administration.
thereto, shall apply with respect to a nonprofit
lies First Coronavirus Response Act (Public Law ‘‘(iv) REFINANCE.—A loan made under sub-
organization and a veterans organization in the
116–127); and section (b)(2) during the period beginning on
same manner as with respect to a small business
‘‘(ix) the term ‘veterans organization’ means January 31, 2020 and ending on the date on
concern.
an organization that is described in section ‘‘(E) MAXIMUM LOAN AMOUNT.—During the which covered loans are made available may be
501(c)(19) of the Internal Revenue Code that is covered period, with respect to a covered loan, refinanced as part of a covered loan.
exempt from taxation under section 501(a) of the maximum loan amount shall be the lesser ‘‘(v) NONRECOURSE.—Notwithstanding the
such Code. of— waiver of the personal guarantee requirement or
‘‘(B) PAYCHECK PROTECTION LOANS.—Except ‘‘(i)(I) the sum of— collateral under subparagraph (J), the Adminis-
as otherwise provided in this paragraph, the ‘‘(aa) the product obtained by multiplying— trator shall have no recourse against any indi-
Administrator may guarantee covered loans ‘‘(AA) the average total monthly payments by vidual shareholder, member, or partner of an el-
under the same terms, conditions, and processes the applicant for payroll costs incurred during igible recipient of a covered loan for non-
as a loan made under this subsection. the 1-year period before the date on which the payment of any covered loan, except to the ex-
‘‘(C) REGISTRATION OF LOANS.—Not later than loan is made, except that, in the case of an ap- tent that such shareholder, member, or partner
15 days after the date on which a loan is made plicant that is seasonal employer, as determined uses the covered loan proceeds for a purpose not
under this paragraph, the Administration shall by the Administrator, the average total monthly authorized under clause (i).
register the loan using the TIN (as defined in payments for payroll shall be for the 12-week ‘‘(G) BORROWER REQUIREMENTS.—
section 7701 of the Internal Revenue Code of period beginning February 15, 2019, or at the ‘‘(i) CERTIFICATION.—An eligible recipient ap-
1986) assigned to the borrower. election of the eligible recipient, March 1, 2019, plying for a covered loan shall make a good
‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN and ending June 30, 2019; by faith certification—
SMALL BUSINESSES AND ORGANIZATIONS.— ‘‘(BB) 2.5; and ‘‘(I) that the uncertainty of current economic
‘‘(i) IN GENERAL.—During the covered period, ‘‘(bb) the outstanding amount of a loan under conditions makes necessary the loan request to
in addition to small business concerns, any busi- subsection (b)(2) that was made during the pe- support the ongoing operations of the eligible re-
ness concern, nonprofit organization, veterans riod beginning on January 31, 2020 and ending cipient;
organization, or Tribal business concern de- on the date on which covered loans are made ‘‘(II) acknowledging that funds will be used to
scribed in section 31(b)(2)(C) shall be eligible to available to be refinanced under the covered retain workers and maintain payroll or make
receive a covered loan if the business concern, loan; or mortgage payments, lease payments, and utility
nonprofit organization, veterans organization, ‘‘(II) if requested by an otherwise eligible re- payments;
or Tribal business concern employs not more cipient that was not in business during the pe- ‘‘(III) that the eligible recipient does not have
than the greater of— riod beginning on February 15, 2019 and ending an application pending for a loan under this
‘‘(I) 500 employees; or on June 30, 2019, the sum of— subsection for the same purpose and duplicative
‘‘(II) if applicable, the size standard in num- ‘‘(aa) the product obtained by multiplying— of amounts applied for or received under a cov-
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ber of employees established by the Administra- ‘‘(AA) the average total monthly payments by ered loan; and
tion for the industry in which the business con- the applicant for payroll costs incurred during ‘‘(IV) during the period beginning on Feb-
cern, nonprofit organization, veterans organiza- the period beginning on January 1, 2020 and ruary 15, 2020 and ending on December 31, 2020,
tion, or Tribal business concern operates. ending on February 29, 2020; by that the eligible recipient has not received
‘‘(ii) INCLUSION OF SOLE PROPRIETORS, INDE- ‘‘(BB) 2.5; and amounts under this subsection for the same pur-
PENDENT CONTRACTORS, AND ELIGIBLE SELF-EM- ‘‘(bb) the outstanding amount of a loan under pose and duplicative of amounts applied for or
PLOYED INDIVIDUALS.— subsection (b)(2) that was made during the pe- received under a covered loan.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1735
‘‘(H) FEE WAIVER.—During the covered period, ‘‘(ii) TEMPORARY RELIEF FROM TDR DISCLO- Business Act (15 U.S.C. 636(a)(31)(G)) is amend-
with respect to a covered loan— SURES.—Notwithstanding any other provision of ed—
‘‘(i) in lieu of the fee otherwise applicable law, an insured depository institution or an in- (1) by striking clause (ii); and
under paragraph (23)(A), the Administrator sured credit union that modifies a covered loan (2) by redesignating clause (iii) as clause (ii).
shall collect no fee; and in relation to COVID–19-related difficulties in a (e) INTERIM RULE.—On and after the date of
‘‘(ii) in lieu of the fee otherwise applicable troubled debt restructuring on or after March enactment of this Act, the interim final rule
under paragraph (18)(A), the Administrator 13, 2020, shall not be required to comply with the published by the Administrator entitled ‘‘Ex-
shall collect no fee. Financial Accounting Standards Board Ac- press Loan Programs: Affiliation Standards’’ (85
‘‘(I) CREDIT ELSEWHERE.—During the covered counting Standards Codification Subtopic 310–40 Fed. Reg. 7622 (February 10, 2020)) is perma-
period, the requirement that a small business (‘Receivables – Troubled Debt Restructurings by nently rescinded and shall have no force or ef-
concern is unable to obtain credit elsewhere, as Creditors’) for purposes of compliance with the fect.
defined in section 3(h), shall not apply to a cov- requirements of the Federal Deposit Insurance SEC. 1103. ENTREPRENEURIAL DEVELOPMENT.
ered loan. Act (12 U.S.C. 1811 et seq.), until such time and (a) DEFINITIONS.—In this section—
‘‘(J) WAIVER OF PERSONAL GUARANTEE RE- under such circumstances as the appropriate (1) the term ‘‘covered small business concern’’
QUIREMENT.—During the covered period, with Federal banking agency or the National Credit means a small business concern that has experi-
respect to a covered loan— Union Administration Board, as applicable, de- enced, as a result of COVID–19—
‘‘(i) no personal guarantee shall be required (A) supply chain disruptions, including
termines appropriate.
for the covered loan; and ‘‘(P) REIMBURSEMENT FOR PROCESSING.— changes in—
‘‘(ii) no collateral shall be required for the (i) quantity and lead time, including the num-
‘‘(i) IN GENERAL.—The Administrator shall re-
covered loan. ber of shipments of components and delays in
imburse a lender authorized to make a covered
‘‘(K) MATURITY FOR LOANS WITH REMAINING shipments;
loan at a rate, based on the balance of the fi-
BALANCE AFTER APPLICATION OF FORGIVENESS.—
(ii) quality, including shortages in supply for
nancing outstanding at the time of disbursement
With respect to a covered loan that has a re- quality control reasons; and
of the covered loan, of— (iii) technology, including a compromised pay-
maining balance after reduction based on the ‘‘(I) 5 percent for loans of not more than ment network;
loan forgiveness amount under section 1106 of $350,000; (B) staffing challenges;
the CARES Act— ‘‘(II) 3 percent for loans of more than $350,000 (C) a decrease in gross receipts or customers;
‘‘(i) the remaining balance shall continue to and less than $2,000,000; and or
be guaranteed by the Administration under this ‘‘(III) 1 percent for loans of not less than (D) a closure;
subsection; and $2,000,000. (2) the term ‘‘resource partner’’ means—
‘‘(ii) the covered loan shall have a maximum ‘‘(ii) FEE LIMITS.—An agent that assists an el- (A) a small business development center; and
maturity of 10 years from the date on which the igible recipient to prepare an application for a (B) a women’s business center;
borrower applies for loan forgiveness under that covered loan may not collect a fee in excess of (3) the term ‘‘small business development cen-
section. the limits established by the Administrator. ter’’ has the meaning given the term in section
‘‘(L) INTEREST RATE REQUIREMENTS.—A cov- ‘‘(iii) TIMING.—A reimbursement described in 3 of the Small Business Act (15 U.S.C. 632); and
ered loan shall bear an interest rate not to ex- clause (i) shall be made not later than 5 days (4) the term ‘‘women’s business center’’ means
ceed 4 percent. after the disbursement of the covered loan. a women’s business center described in section
‘‘(M) LOAN DEFERMENT.— ‘‘(iv) SENSE OF THE SENATE.—It is the sense of 29 of the Small Business Act (15 U.S.C. 656).
‘‘(i) DEFINITION OF IMPACTED BORROWER.— the Senate that the Administrator should issue (b) EDUCATION, TRAINING, AND ADVISING
‘‘(I) IN GENERAL.—In this subparagraph, the guidance to lenders and agents to ensure that GRANTS.—
term ‘impacted borrower’ means an eligible re- the processing and disbursement of covered (1) IN GENERAL.—The Administration may pro-
cipient that— loans prioritizes small business concerns and en- vide financial assistance in the form of grants to
‘‘(aa) is in operation on February 15, 2020; tities in underserved and rural markets, includ- resource partners to provide education, training,
and ing veterans and members of the military com- and advising to covered small business concerns.
‘‘(bb) has an application for a covered loan munity, small business concerns owned and con- (2) USE OF FUNDS.—Grants under this sub-
that is approved or pending approval on or after trolled by socially and economically disadvan- section shall be used for the education, training,
the date of enactment of this paragraph. taged individuals (as defined in section and advising of covered small business concerns
‘‘(II) PRESUMPTION.—For purposes of this sub- 8(d)(3)(C)), women, and businesses in operation and their employees on—
paragraph, an impacted borrower is presumed to (A) accessing and applying for resources pro-
for less than 2 years.
have been adversely impacted by COVID–19. ‘‘(Q) DUPLICATION.—Nothing in this para- vided by the Administration and other Federal
‘‘(ii) DEFERRAL.—During the covered period, graph shall prohibit a recipient of an economic resources relating to access to capital and busi-
the Administrator shall— injury disaster loan made under subsection ness resiliency;
‘‘(I) consider each eligible recipient that ap- (B) the hazards and prevention of the trans-
(b)(2) during the period beginning on January
plies for a covered loan to be an impacted bor- mission and communication of COVID–19 and
31, 2020 and ending on the date on which cov-
rower; and other communicable diseases;
ered loans are made available that is for a pur- (C) the potential effects of COVID–19 on the
‘‘(II) require lenders under this subsection to pose other than paying payroll costs and other
provide complete payment deferment relief for supply chains, distribution, and sale of products
obligations described in subparagraph (F) from of covered small business concerns and the miti-
impacted borrowers with covered loans for a pe- receiving assistance under this paragraph.
riod of not less than 6 months, including pay- gation of those effects;
‘‘(R) WAIVER OF PREPAYMENT PENALTY.—Not- (D) the management and practice of telework
ment of principal, interest, and fees, and not withstanding any other provision of law, there to reduce possible transmission of COVID–19;
more than 1 year. shall be no prepayment penalty for any pay- (E) the management and practice of remote
‘‘(iii) SECONDARY MARKET.—During the cov- ment made on a covered loan.’’. customer service by electronic or other means;
ered period, with respect to a covered loan that (b) COMMITMENTS FOR 7(A) LOANS.—During (F) the risks of and mitigation of cyber threats
is sold on the secondary market, if an investor the period beginning on February 15, 2020 and in remote customer service or telework practices;
declines to approve a deferral requested by a ending on June 30, 2020— (G) the mitigation of the effects of reduced
lender under clause (ii), the Administrator shall (1) the amount authorized for commitments for travel or outside activities on covered small busi-
exercise the authority to purchase the loan so general business loans authorized under section ness concerns during COVID–19 or similar oc-
that the impacted borrower may receive a defer- 7(a) of the Small Business Act (15 U.S.C. 636(a)), currences; and
ral for a period of not less than 6 months, in- including loans made under paragraph (36) of (H) any other relevant business practices nec-
cluding payment of principal, interest, and fees, such section, as added by subsection (a), shall essary to mitigate the economic effects of
and not more than 1 year. be $349,000,000,000; and COVID–19 or similar occurrences.
‘‘(iv) GUIDANCE.—Not later than 30 days after (2) the amount authorized for commitments for (3) GRANT DETERMINATION.—
the date of enactment of this paragraph, the such loans under the heading ‘‘BUSINESS LOANS (A) SMALL BUSINESS DEVELOPMENT CENTERS.—
Administrator shall provide guidance to lenders PROGRAM ACCOUNT’’ under the heading ‘‘SMALL The Administration shall award 80 percent of
under this paragraph on the deferment process BUSINESS ADMINISTRATION’’ under title V of the funds authorized to carry out this subsection to
described in this subparagraph. Consolidated Appropriations Act, 2020 (Public small business development centers, which shall
‘‘(N) SECONDARY MARKET SALES.—A covered Law 116–93; 133 Stat. 2475) shall not apply. be awarded pursuant to a formula jointly devel-
loan shall be eligible to be sold in the secondary (c) EXPRESS LOANS.— oped, negotiated, and agreed upon, with full
market consistent with this subsection. The Ad- (1) IN GENERAL.—Section 7(a)(31)(D) of the participation of both parties, between the asso-
ministrator may not collect any fee for any Small Business Act (15 U.S.C. 636(a)(31)(D)) is ciation formed under section 21(a)(3)(A) of the
guarantee sold into the secondary market under amended by striking ‘‘$350,000’’ and inserting Small Business Act (15 U.S.C. 648(a)(3)(A)) and
this subparagraph. ‘‘$1,000,000’’. the Administration.
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‘‘(O) REGULATORY CAPITAL REQUIREMENTS.— (2) PROSPECTIVE REPEAL.—Effective on Janu- (B) WOMEN’S BUSINESS CENTERS.—The Admin-
‘‘(i) RISK WEIGHT.—With respect to the appro- ary 1, 2021, section 7(a)(31)(D) of the Small istration shall award 20 percent of funds au-
priate Federal banking agencies or the National Business Act (15 U.S.C. 636(a)(31)(D)) is amend- thorized to carry out this subsection to women’s
Credit Union Administration Board applying ed by striking ‘‘$1,000,000’’ and inserting business centers, which shall be awarded pursu-
capital requirements under their respective risk- ‘‘$350,000’’. ant to a process established by the Administra-
based capital requirements, a covered loan shall (d) EXCEPTION TO GUARANTEE FEE WAIVER tion in consultation with recipients of assist-
receive a risk weight of zero percent. FOR VETERANS.—Section 7(a)(31)(G) of the Small ance.
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H1736 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(C) NO MATCHING FUNDS REQUIRED.—Match- (iv) other relevant outcome performance data covered loan in an amount equal to the sum of
ing funds shall not be required for any grant with respect to covered small business concerns, the following costs incurred and payments made
under this subsection. including the number of employees affected, the during the covered period:
(4) GOALS AND METRICS.— effect on sales, the disruptions of supply chains, (1) Payroll costs.
(A) IN GENERAL.—Goals and metrics for the and the efforts made by the Administration and (2) Any payment of interest on any covered
funds made available under this subsection resource partners to mitigate these effects; and mortgage obligation (which shall not include
shall be jointly developed, negotiated, and (B) with respect to the grant program under any prepayment of or payment of principal on
agreed upon, with full participation of both par- subsection (c)— a covered mortgage obligation).
ties, between the resource partners and the Ad- (i) the efforts of the Administrator and the as- (3) Any payment on any covered rent obliga-
ministrator, which shall— sociation or associations to develop and evolve tion.
(i) take into consideration the extent of the an online resource for small business concerns; (4) Any covered utility payment.
circumstances relating to the spread of COVID– and (c) TREATMENT OF AMOUNTS FORGIVEN.—
19, or similar occurrences, that affect covered (ii) the efforts of the Administrator and the (1) IN GENERAL.—Amounts which have been
small business concerns located in the areas cov- association or associations to develop a training forgiven under this section shall be considered
ered by the resource partner, particularly in program for resource partner counselors, includ- canceled indebtedness by a lender authorized
rural areas or economically distressed areas; ing the number of counselors trained. under section 7(a) of the Small Business Act (15
(ii) generally follow the use of funds outlined U.S.C. 636(a)).
SEC. 1104. STATE TRADE EXPANSION PROGRAM.
(2) PURCHASE OF GUARANTEES.—For purposes
in paragraph (2), but shall not restrict the ac- (a) IN GENERAL.—Notwithstanding paragraph of the purchase of the guarantee for a covered
tivities of resource partners in responding to (3)(C)(iii) of section 22(l) of the Small Business loan by the Administrator, amounts which are
unique situations; and Act (15 U.S.C. 649(l)), for grants under the State
(iii) encourage resource partners to develop forgiven under this section shall be treated in
Trade Expansion Program under such section accordance with the procedures that are other-
and provide services to covered small business 22(l) using amounts made available for fiscal
concerns. wise applicable to a loan guaranteed under sec-
year 2018 or fiscal year 2019, the period of the tion 7(a) of the Small Business Act (15 U.S.C.
(B) PUBLIC AVAILABILITY.—The Administrator grant shall continue through the end of fiscal
shall make publicly available the methodology 636(a)).
year 2021. (3) REMITTANCE.—Not later than 90 days after
by which the Administrator and resource part- (b) REIMBURSEMENT.—The Administrator shall the date on which the amount of forgiveness
ners jointly develop the metrics and goals de- reimburse any recipient of assistance under sec- under this section is determined, the Adminis-
scribed in subparagraph (A). tion 22(l) of the Small Business Act (15 U.S.C.
PARTNER ASSOCIATION trator shall remit to the lender an amount equal
(c) RESOURCE 649(l)) for financial losses relating to a foreign
GRANTS.— to the amount of forgiveness, plus any interest
trade mission or a trade show exhibition that accrued through the date of payment.
(1) IN GENERAL.—The Administrator may pro- was cancelled solely due to a public health (4) ADVANCE PURCHASE OF COVERED LOAN.—
vide grants to an association or associations emergency declared due to COVID–19 if the re- (A) REPORT.—A lender authorized under sec-
representing resource partners under which the imbursement does not exceed a recipient’s grant tion 7(a) of the Small Business Act (15 U.S.C.
association or associations shall establish a sin- funding. 636(a)), or, at the discretion of the Adminis-
gle centralized hub for COVID–19 information, SEC. 1105. WAIVER OF MATCHING FUNDS RE- trator, a third party participant in the sec-
which shall include— QUIREMENT UNDER THE WOMEN’S ondary market, may, report to the Administrator
(A) 1 online platform that consolidates re- BUSINESS CENTER PROGRAM.
an expected forgiveness amount on a covered
sources and information available across mul- During the 3-month period beginning on the loan or on a pool of covered loans of up to 100
tiple Federal agencies for small business con- date of enactment of this Act, the requirement percent of the principal on the covered loan or
cerns related to COVID–19; and relating to obtaining cash contributions from pool of covered loans, respectively.
(B) a training program to educate resource non-Federal sources under section 29(c)(1) of the (B) PURCHASE.—The Administrator shall pur-
partner counselors, members of the Service Small Business Act (15 U.S.C. 656(c)(1)) is chase the expected forgiveness amount described
Corps of Retired Executives established under waived for any recipient of assistance under in subparagraph (A) as if the amount were the
section 8(b)(1)(B) of the Small Business Act (15 such section 29. principal amount of a loan guaranteed under
U.S.C. 637(b)(1)(B)), and counselors at veterans SEC. 1106. LOAN FORGIVENESS. section 7(a) of the Small Business Act 636(a)).
business outreach centers described in section 32 (a) DEFINITIONS.—In this section— (C) TIMING.—Not later than 15 days after the
of the Small Business Act (15 U.S.C. 657b) on the (1) the term ‘‘covered loan’’ means a loan date on which the Administrator receives a re-
resources and information described in subpara- guaranteed under paragraph (36) of section 7(a) port under subparagraph (A), the Administrator
graph (A). of the Small Business Act (15 U.S.C. 636(a)), as shall purchase the expected forgiveness amount
(2) GOALS AND METRICS.—Goals and metrics added by section 1102; under subparagraph (B) with respect to each
for the funds made available under this sub- (2) the term ‘‘covered mortgage obligation’’ covered loan to which the report relates.
section shall be jointly developed, negotiated, means any indebtedness or debt instrument in- (d) LIMITS ON AMOUNT OF FORGIVENESS.—
and agreed upon, with full participation of both curred in the ordinary course of business that— (1) AMOUNT MAY NOT EXCEED PRINCIPAL.—The
parties, between the association or associations (A) is a liability of the borrower; amount of loan forgiveness under this section
receiving a grant under this subsection and the (B) is a mortgage on real or personal property; shall not exceed the principal amount of the fi-
Administrator. and nancing made available under the applicable
(d) REPORT.—Not later than 6 months after (C) was incurred before February 15, 2020; covered loan.
the date of enactment of this Act, and annually (3) the term ‘‘covered period’’ means the 8- (2) REDUCTION BASED ON REDUCTION IN NUM-
thereafter, the Administrator shall submit to the week period beginning on the date of the origi- BER OF EMPLOYEES.—
Committee on Small Business and Entrepreneur- nation of a covered loan; (A) IN GENERAL.—The amount of loan forgive-
ship of the Senate and the Committee on Small (4) the term ‘‘covered rent obligation’’ means ness under this section shall be reduced, but not
Business of the House of Representatives a re- rent obligated under a leasing agreement in increased, by multiplying the amount described
port that describes— force before February 15, 2020; in subsection (b) by the quotient obtained by di-
(1) with respect to the initial year covered by (5) the term ‘‘covered utility payment’’ means viding—
the report— payment for a service for the distribution of (i) the average number of full-time equivalent
(A) the programs and services developed and electricity, gas, water, transportation, tele- employees per month employed by the eligible
provided by the Administration and resource phone, or internet access for which service recipient during the covered period; by
partners under subsection (b); began before February 15, 2020; (ii)(I) at the election of the borrower—
(B) the initial efforts to provide those services (6) the term ‘‘eligible recipient’’ means the re- (aa) the average number of full-time equiva-
under subsection (b); and cipient of a covered loan; lent employees per month employed by the eligi-
(C) the online platform and training devel- (7) the term ‘‘expected forgiveness amount’’ ble recipient during the period beginning on
oped and provided by the Administration and means the amount of principal that a lender February 15, 2019 and ending on June 30, 2019;
the association or associations under subsection reasonably expects a borrower to expend during or
(c); and the covered period on the sum of any— (bb) the average number of full-time equiva-
(2) with respect to the subsequent years cov- (A) payroll costs; lent employees per month employed by the eligi-
ered by the report— (B) payments of interest on any covered mort- ble recipient during the period beginning on
(A) with respect to the grant program under gage obligation (which shall not include any January 1, 2020 and ending on February 29,
subsection (b)— prepayment of or payment of principal on a cov- 2020; or
(i) the efforts of the Administrator and re- ered mortgage obligation); (II) in the case of an eligible recipient that is
source partners to develop services to assist cov- (C) payments on any covered rent obligation; seasonal employer, as determined by the Admin-
ered small business concerns; and istrator, the average number of full-time equiva-
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(ii) the challenges faced by owners of covered (D) covered utility payments; and lent employees per month employed by the eligi-
small business concerns in accessing services (8) the term ‘‘payroll costs’’ has the meaning ble recipient during the period beginning on
provided by the Administration and resource given that term in paragraph (36) of section 7(a) February 15, 2019 and ending on June 30, 2019.
partners; of the Small Business Act (15 U.S.C. 636(a)), as (B) CALCULATION OF AVERAGE NUMBER OF EM-
(iii) the number of unique covered small busi- added by section 1102 of this Act. PLOYEES.—For purposes of subparagraph (A),
ness concerns that were served by the Adminis- (b) FORGIVENESS.—An eligible recipient shall the average number of full-time equivalent em-
tration and resource partners; and be eligible for forgiveness of indebtedness on a ployees shall be determined by calculating the
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1737
average number of full-time equivalent employ- terest payments on a covered mortgage obliga- (6) $10,000,000,000 under the heading ‘‘Small
ees for each pay period falling within a month. tion, make payments on a covered rent obliga- Business Administration—Emergency EIDL
(3) REDUCTION RELATING TO SALARY AND tion, or make covered utility payments; and Grants’’ shall be for carrying out section 1110 of
WAGES.— (4) any other documentation the Adminis- this Act;
(A) IN GENERAL.—The amount of loan forgive- trator determines necessary. (7) $17,000,000,000 under the heading ‘‘Small
ness under this section shall be reduced by the (f) PROHIBITION ON FORGIVENESS WITHOUT Business Administration—Business Loans Pro-
amount of any reduction in total salary or DOCUMENTATION.—No eligible recipient shall re- gram Account, CARES Act’’ shall be for car-
wages of any employee described in subpara- ceive forgiveness under this section without sub- rying out section 1112 of this Act; and
graph (B) during the covered period that is in mitting to the lender that is servicing the cov- (8) $25,000,000 under the heading ‘‘Department
excess of 25 percent of the total salary or wages ered loan the documentation required under of the Treasury—Departmental Offices—Sala-
of the employee during the most recent full subsection (e). ries and Expenses’’ shall be for carrying out sec-
quarter during which the employee was em- (g) DECISION.—Not later than 60 days after tion 1109 of this Act.
ployed before the covered period. the date on which a lender receives an applica- (b) SECONDARY MARKET.—During the period
(B) EMPLOYEES DESCRIBED.—An employee de- tion for loan forgiveness under this section from beginning on the date of enactment of this Act
scribed in this subparagraph is any employee an eligible recipient, the lender shall issue a de- and ending on September 30, 2021, guarantees of
who did not receive, during any single pay pe- cision on the an application. trust certificates authorized by section 5(g) of
riod during 2019, wages or salary at an (h) HOLD HARMLESS.—If a lender has received the Small Business Act (15 U.S.C. 635(g)) shall
annualized rate of pay in an amount more than the documentation required under this section not exceed a principal amount of
$100,000. from an eligible recipient attesting that the eligi- $100,000,000,000.
(4) TIPPED WORKERS.—An eligible recipient ble recipient has accurately verified the pay- (c) REPORTS.—Not later than 180 days after
with tipped employees described in section ments for payroll costs, payments on covered the date of enactment of this Act, the Adminis-
3(m)(2)(A) of the Fair Labor Standards Act of mortgage obligations, payments on covered lease trator shall submit to the Committee on Appro-
1938 (29 U.S.C. 203(m)(2)(A)) may receive for- obligations, or covered utility payments during priations of the Senate and the Committee on
giveness for additional wages paid to those em- covered period— Appropriations of the House of Representatives
ployees. (1) an enforcement action may not be taken a detailed expenditure plan for using the
(5) EXEMPTION FOR RE-HIRES.— against the lender under section 47(e) of the amounts appropriated to the Administration
(A) IN GENERAL.—In a circumstance described Small Business Act (15 U.S.C. 657t(e)) relating to under subsection (a).
in subparagraph (B), the amount of loan for- loan forgiveness for the payments for payroll SEC. 1108. MINORITY BUSINESS DEVELOPMENT
giveness under this section shall be determined costs, payments on covered mortgage obliga- AGENCY.
without regard to a reduction in the number of tions, payments on covered lease obligations, or (a) DEFINITIONS.—In this section—
full-time equivalent employees of an eligible re- covered utility payments, as the case may be; (1) the term ‘‘Agency’’ means the Minority
cipient or a reduction in the salary of 1 or more and Business Development Agency of the Depart-
employees of the eligible recipient, as applicable, (2) the lender shall not be subject to any pen- ment of Commerce;
during the period beginning on February 15, alties by the Administrator relating to loan for- (2) the term ‘‘minority business center’’ means
2020 and ending on the date that is 30 days after giveness for the payments for payroll costs, pay- a Business Center of the Agency;
the date of enactment of this Act. ments on covered mortgage obligations, pay- (3) the term ‘‘minority business enterprise’’
(B) CIRCUMSTANCES.—A circumstance de- ments on covered lease obligations, or covered means a for-profit business enterprise—
scribed in this subparagraph is a circumstance— utility payments, as the case may be. (A) not less than 51 percent of which is owned
(i) in which— (i) TAXABILITY.—For purposes of the Internal by 1 or more socially disadvantaged individuals,
(I) during the period beginning on February Revenue Code of 1986, any amount which (but as determined by the Agency; and
15, 2020 and ending on the date that is 30 days for this subsection) would be includible in gross (B) the management and daily business oper-
after the date of enactment of this Act, there is income of the eligible recipient by reason of for- ations of which are controlled by 1 or more so-
a reduction, as compared to February 15, 2020, giveness described in subsection (b) shall be ex- cially disadvantaged individuals, as determined
in the number of full-time equivalent employees cluded from gross income. by the Agency; and
of an eligible recipient; and (j) RULE OF CONSTRUCTION.—The cancellation (4) the term ‘‘minority chamber of commerce’’
(II) not later than June 30, 2020, the eligible of indebtedness on a covered loan under this means a chamber of commerce developed specifi-
employer has eliminated the reduction in the section shall not otherwise modify the terms and cally to support minority business enterprises.
number of full-time equivalent employees; conditions of the covered loan. (b) EDUCATION, TRAINING, AND ADVISING
(ii) in which— (k) REGULATIONS.—Not later than 30 days GRANTS.—
(I) during the period beginning on February after the date of enactment of this Act, the Ad- (1) IN GENERAL.—The Agency may provide fi-
15, 2020 and ending on the date that is 30 days ministrator shall issue guidance and regulations nancial assistance in the form of grants to mi-
after the date of enactment of this Act, there is implementing this section. nority business centers and minority chambers
a reduction, as compared to February 15, 2020,
SEC. 1107. DIRECT APPROPRIATIONS. of commerce to provide education, training, and
in the salary or wages of 1 or more employees of
(a) IN GENERAL.—There is appropriated, out advising to minority business enterprises.
the eligible recipient; and
of amounts in the Treasury not otherwise ap- (2) USE OF FUNDS.—Grants under this section
(II) not later than June 30, 2020, the eligible
propriated, for the fiscal year ending September shall be used for the education, training, and
employer has eliminated the reduction in the
30, 2020, to remain available until September 30, advising of minority business enterprises and
salary or wages of such employees; or
(iii) in which the events described in clause (i) 2021, for additional amounts— their employees on—
and (ii) occur. (1) $349,000,000,000 under the heading ‘‘Small (A) accessing and applying for resources pro-
(6) EXEMPTIONS.—The Administrator and the Business Administration—Business Loans Pro- vided by the Agency and other Federal re-
Secretary of the Treasury may prescribe regula- gram Account, CARES Act’’ for the cost of guar- sources relating to access to capital and busi-
tions granting de minimis exemptions from the anteed loans as authorized under paragraph ness resiliency;
requirements under this subsection. (36) of section 7(a) of the Small Business Act (15 (B) the hazards and prevention of the trans-
(e) APPLICATION.—An eligible recipient seek- U.S.C. 636(a)), as added by section 1102(a) of mission and communication of COVID–19 and
ing loan forgiveness under this section shall this Act; other communicable diseases;
submit to the lender that is servicing the covered (2) $675,000,000 under the heading ‘‘Small (C) the potential effects of COVID–19 on the
loan an application, which shall include— Business Administration—Salaries and Ex- supply chains, distribution, and sale of products
(1) documentation verifying the number of penses’’ for salaries and expenses of the Admin- of minority business enterprises and the mitiga-
full-time equivalent employees on payroll and istration; tion of those effects;
pay rates for the periods described in subsection (3) $25,000,000 under the heading ‘‘Small Busi- (D) the management and practice of telework
(d), including— ness Administration—Office of Inspector Gen- to reduce possible transmission of COVID–19;
(A) payroll tax filings reported to the Internal eral’’, to remain available until September 30, (E) the management and practice of remote
Revenue Service; and 2024, for necessary expenses of the Office of In- customer service by electronic or other means;
(B) State income, payroll, and unemployment spector General of the Administration in car- (F) the risks of and mitigation of cyber threats
insurance filings; rying out the provisions of the Inspector Gen- in remote customer service or telework practices;
(2) documentation, including cancelled eral Act of 1978 (5 U.S.C. App.); (G) the mitigation of the effects of reduced
checks, payment receipts, transcripts of ac- (4) $265,000,000 under the heading ‘‘Small travel or outside activities on minority business
counts, or other documents verifying payments Business Administration—Entrepreneurial De- enterprises during COVID–19 or similar occur-
on covered mortgage obligations, payments on velopment Programs’’, of which— rences; and
covered lease obligations, and covered utility (A) $240,000,000 shall be for carrying out sec- (H) any other relevant business practices nec-
payments; tion 1103(b) of this Act; and essary to mitigate the economic effects of
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(3) a certification from a representative of the (B) $25,000,000 shall be for carrying out sec- COVID–19 or similar occurrences.
eligible recipient authorized to make such cer- tion 1103(c) of this Act; (3) NO MATCHING FUNDS REQUIRED.—Matching
tifications that— (5) $10,000,000 under the heading ‘‘Department funds shall not be required for any grant under
(A) the documentation presented is true and of Commerce—Minority Business Development this section.
correct; and Agency’’ for minority business centers of the Mi- (4) GOALS AND METRICS.—
(B) the amount for which forgiveness is re- nority Business Development Agency to provide (A) IN GENERAL.—Goals and metrics for the
quested was used to retain employees, make in- technical assistance to small business concerns; funds made available under this section shall be
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H1738 CONGRESSIONAL RECORD — HOUSE March 27, 2020
jointly developed, negotiated, and agreed upon, (iv) other relevant outcome performance data (C) A guarantee percentage that, to the max-
with full participation of both parties, between with respect to minority business enterprises, in- imum extent practicable, is consistent with the
the minority business centers, minority cham- cluding the number of employees affected, the guarantee percentage required under subpara-
bers of commerce, and the Agency, which effect on sales, the disruptions of supply chains, graph (F) of section 7(a)(2) of the Small Busi-
shall— and the efforts made by the Agency, minority ness Act (15 U.S.C. 636(a)(2)), as added by sec-
(i) take into consideration the extent of the business centers, and minority chambers of com- tion 1102 of this Act.
circumstances relating to the spread of COVID– merce to mitigate these effects . (D) Loan forgiveness under terms and condi-
19, or similar occurrences, that affect minority (e) AUTHORIZATION OF APPROPRIATIONS.— tions that, to the maximum extent practicable, is
business enterprises located in the areas covered There is authorized to be appropriated consistent with the terms and conditions for
by minority business centers and minority cham- $10,000,000 to carry out this section, to remain loan forgiveness under section 1106 of this Act.
bers of commerce, particularly in rural areas or available until expended. (e) ADDITIONAL REGULATIONS GENERALLY.—
economically distressed areas; SEC. 1109. UNITED STATES TREASURY PROGRAM The Secretary may issue regulations and guid-
(ii) generally follow the use of funds outlined MANAGEMENT AUTHORITY. ance as necessary to carry out the purposes of
in paragraph (2), but shall not restrict the ac- (a) DEFINITIONS.—In this section— this section, including to allow additional lend-
tivities of minority business centers and minor- (1) the terms ‘‘appropriate Federal banking ers to originate loans under this title and to es-
ity chambers of commerce in responding to agency’’ and ‘‘insured depository institution’’ tablish terms and conditions such as compensa-
unique situations; and have the meanings given those terms in section tion, underwriting standards, interest rates, and
(iii) encourage minority business centers and 3 of the Federal Deposit Insurance Act (12 maturity for under this section.
minority chambers of commerce to develop and U.S.C. 1813); (f) CERTIFICATION.—As a condition of receiv-
provide services to minority business enterprises. (2) the term ‘‘insured credit union’’ has the ing a loan under this section, a borrower shall
(B) PUBLIC AVAILABILITY.—The Agency shall meaning given the term in section 101 of the certify under terms acceptable to the Secretary
make publicly available the methodology by Federal Credit Union Act (12 U.S.C. 1752); and that the borrower—
which the Agency, minority business centers, (3) the term ‘‘Secretary’’ means the Secretary (1) does not have an application pending for
and minority chambers of commerce jointly de- of the Treasury. a loan under section 7(a) of the Small Business
velop the metrics and goals described in sub- (b) AUTHORITY TO INCLUDE ADDITIONAL FI- Act (15 U.S.C. 636(a)) for the same purpose; and
paragraph (A). NANCIAL INSTITUTIONS.—The Department of the (2) has not received such a loan during the pe-
(c) WAIVERS.— Treasury, in consultation with the Adminis- riod beginning on February 15, 2020 and ending
(1) IN GENERAL.—Notwithstanding any other trator, and the Chairman of the Farm Credit on December 31, 2020.
provision of law or regulation, the Agency may, Administration shall establish criteria for in- (g) OPT-IN FOR SBA QUALIFIED LENDERS.—
during the 3-month period that begins on the sured depository institutions, insured credit Lenders qualified to participate as a lender
date of enactment of this Act, waive any match- unions, institutions of the Farm Credit System under 7(a) of the Small Business Act (15 U.S.C.
ing requirement imposed on a minority business chartered under the Farm Credit Act of 1971 (12 636(a)) may elect to participate in the paycheck
center or a specialty center of the Agency under U.S.C. 2001 et seq.), and other lenders that do protection program under the criteria, terms,
a cooperative agreement between such a center not already participate in lending under pro- and conditions established under this section.
and the Agency if the applicable center is un- grams of the Administration, to participate in Such participation shall not preclude the lend-
able to raise funds, or has suffered a loss of rev- the paycheck protection program to provide ers from continuing participation as a lender
enue, because of the effects of COVID–19. loans under this section until the date on which under section 7(a) of the Small Business Act (15
(2) REMAINING COMPLIANT.—Notwithstanding the national emergency declared by the Presi- U.S.C. 636(a)).
any provision of a cooperative agreement be- dent under the National Emergencies Act (50 (h) PROGRAM ADMINISTRATION.—With guid-
tween the Agency and a minority business cen- U.S.C. 1601 et seq.) with respect to the ance from the Secretary, the Administrator shall
ter, if, during the period beginning on the date Coronavirus Disease 2019 (COVID–19) expires. administer the program established under this
of enactment of this Act and ending on Sep- (c) SAFETY AND SOUNDNESS.—An insured de- section, including the making and purchasing of
tember 30, 2021, such a center decides not to col- pository institution, insured credit union, insti- guarantees on loans under the program, until
lect fees because of the economic consequences tution of the Farm Credit System chartered the date on which the national emergency de-
of COVID–19, the center shall be considered to under the Farm Credit Act of 1971 (12 U.S.C. clared by the President under the National
be in compliance with that agreement if— 2001 et seq.), or other lender may only partici- Emergencies Act (50 U.S.C. 1601 et seq.) with re-
(A) the center notifies the Agency with respect pate in the program established under this sec- spect to the Coronavirus Disease 2019 (COVID–
to that decision, which the center may provide tion if participation does not affect the safety 19) expires.
through electronic mail; and and soundness of the institution or lender, as (i) CRIMINAL PENALTIES.—A loan under this
(B) the Agency, not later than 15 days after determined by the Secretary in consultation section shall be deemed to be a loan under the
the date on which the center provides notice to with the appropriate Federal banking agencies Small Business Act (15 U.S.C. 631 et seq.) for
the Agency under subparagraph (A)— or the National Credit Union Administration purposes of section 16 of such Act (15 U.S.C.
(i) confirms receipt of the notification under Board, as applicable. 645).
subparagraph (A); and (d) REGULATIONS FOR LENDERS AND LOANS.—
SEC. 1110. EMERGENCY EIDL GRANTS.
(ii) accepts the decision of the center. (1) IN GENERAL.—The Secretary may issue reg-
(d) REPORT.—Not later than 6 months after ulations and guidance as necessary to carry out (a) DEFINITIONS.—In this section—
the date of enactment of this Act, and annually the purposes of this section, including to— (1) the term ‘‘covered period’’ means the pe-
thereafter, the Agency shall submit to the Com- (A) allow additional lenders to originate loans riod beginning on January 31, 2020 and ending
mittee on Small Business and Entrepreneurship under this section; and on December 31, 2020; and
and the Committee on Commerce, Science, and (B) establish terms and conditions for loans (2) the term ‘‘eligible entity’’ means—
Transportation of the Senate and the Committee under this section, including terms and condi- (A) a business with not more than 500 employ-
on Small Business and the Committee on Energy tions concerning compensation, underwriting ees;
and Commerce of the House of Representatives a standards, interest rates, and maturity. (B) any individual who operates under a sole
report that describes— (2) REQUIREMENTS.—The terms and conditions proprietorship, with or without employees, or as
(1) with respect to the period covered by the established under paragraph (1) shall provide an independent contractor;
initial report— for the following: (C) a cooperative with not more than 500 em-
(A) the programs and services developed and (A) A rate of interest that does not exceed the ployees;
provided by the Agency, minority business cen- maximum permissible rate of interest available (D) an ESOP (as defined in section 3 of the
ters, and minority chambers of commerce under on a loan of comparable maturity under para- Small Business Act (15 U.S.C. 632)) with not
subsection (b); and graph (36) of section 7(a) of the Small Business more than 500 employees; or
(B) the initial efforts to provide those services Act (15 U.S.C. 636(a)), as added by section 1102 (E) a tribal small business concern, as de-
under subsection (b); and of this Act. scribed in section 31(b)(2)(C) of the Small Busi-
(2) with respect to subsequent years covered (B) Terms and conditions that, to the max- ness Act (15 U.S.C. 657a(b)(2)(C)), with not more
by the report— imum extent practicable, are consistent with the than 500 employees.
(A) with respect to the grant program under terms and conditions required under the fol- (b) ELIGIBLE ENTITIES.—During the covered
subsection (b)— lowing provisions of paragraph (36) of section period, in addition to small business concerns,
(i) the efforts of the Agency, minority business 7(a) of the Small Business Act (15 U.S.C. 636(a)), private nonprofit organizations, and small agri-
centers, and minority chambers of commerce to as added by section 1102 of this Act: cultural cooperatives, an eligible entity shall be
develop services to assist minority business en- (i) Subparagraph (D), pertaining to borrower eligible for a loan made under section 7(b)(2) of
terprises; eligibility. the Small Business Act (15 U.S.C. 636(b)(2)).
(ii) the challenges faced by owners of minority (ii) Subparagraph (E), pertaining to the max- (c) TERMS; CREDIT ELSEWHERE.—With respect
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business enterprises in accessing services pro- imum loan amount. to a loan made under section 7(b)(2) of the Small
vided by the Agency, minority business centers, (iii) Subparagraph (F)(i), pertaining to allow- Business Act (15 U.S.C. 636(b)(2)) in response to
and minority chambers of commerce; able uses of program loans. COVID–19 during the covered period, the Ad-
(iii) the number of unique minority business (iv) Subparagraph (H), pertaining to fee waiv- ministrator shall waive—
enterprises that were served by the Agency, mi- ers. (1) any rules related the personal guarantee
nority business centers, or minority chambers of (v) Subparagraph (M), pertaining to loan on advances and loans of not more than $200,000
commerce; and deferment. during the covered period for all applicants;
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1739
(2) the requirement that an applicant needs to (2) in subparagraph (B), by striking ‘‘or’’ at (c) PRINCIPAL AND INTEREST PAYMENTS.—
be in business for the 1-year period before the the end; (1) IN GENERAL.—The Administrator shall pay
disaster, except that no waiver may be made for (3) in subparagraph (C), by striking ‘‘or’’ at the principal, interest, and any associated fees
a business that was not in operation on January the end; that are owed on a covered loan in a regular
31, 2020; and (4) by redesignating subparagraph (D) as sub- servicing status—
(3) the requirement in the flush matter fol- paragraph (E); (A) with respect to a covered loan made before
lowing subparagraph (E) of section 7(b)(2) of (5) by inserting after subparagraph (C) the the date of enactment of this Act and not on
the Small Business Act (15 U.S.C. 636(b)(2)), as following: deferment, for the 6-month period beginning
so redesignated by subsection (f) of this section, ‘‘(D) an emergency involving Federal primary with the next payment due on the covered loan;
that an applicant be unable to obtain credit responsibility determined to exist by the Presi- (B) with respect to a covered loan made before
elsewhere. dent under the section 501(b) of the Robert T. the date of enactment of this Act and on
(d) APPROVAL AND ABILITY TO REPAY FOR Stafford Disaster Relief and Emergency Assist- deferment, for the 6-month period beginning
SMALL DOLLAR LOANS.—With respect to a loan ance Act (42 U.S.C. 5191(b)); or’’; and with the next payment due on the covered loan
made under section 7(b)(2) of the Small Business (6) in subparagraph (E), as so redesignated— after the deferment period; and
Act (15 U.S.C. 636(b)(2)) in response to COVID– (A) by striking ‘‘or (C)’’ and inserting ‘‘(C), or (C) with respect to a covered loan made dur-
19 during the covered period, the Administrator (D)’’; ing the period beginning on the date of enact-
may— (B) by striking ‘‘disaster declaration’’ each ment of this Act and ending on the date that is
(1) approve an applicant based solely on the place it appears and inserting ‘‘disaster or emer- 6 months after such date of enactment, for the
credit score of the applicant and shall not re- gency declaration’’; 6-month period beginning with the first payment
quire an applicant to submit a tax return or a (C) by striking ‘‘disaster has occurred’’ and due on the covered loan.
tax return transcript for such approval; or inserting ‘‘disaster or emergency has occurred’’; (2) TIMING OF PAYMENT.—The Administrator
(2) use alternative appropriate methods to de- (D) by striking ‘‘such disaster’’ and inserting shall begin making payments under paragraph
termine an applicant’s ability to repay. ‘‘such disaster or emergency’’; and (1) on a covered loan not later than 30 days
(e) EMERGENCY GRANT.— (E) by striking ‘‘disaster stricken’’ and insert- after the date on which the first such payment
(1) IN GENERAL.—During the covered period, ing ‘‘disaster- or emergency-stricken’’; and is due.
an entity included for eligibility in subsection (7) in the flush matter following subparagraph (3) APPLICATION OF PAYMENT.—Any payment
(b), including small business concerns, private (E), as so redesignated, by striking the period at made by the Administrator under paragraph (1)
nonprofit organizations, and small agricultural the end and inserting the following: ‘‘: Provided shall be applied to the covered loan such that
cooperatives, that applies for a loan under sec- further, That for purposes of subparagraph (D), the borrower is relieved of the obligation to pay
tion 7(b)(2) of the Small Business Act (15 U.S.C. the Administrator shall deem that such an emer- that amount.
636(b)(2)) in response to COVID–19 may request gency affects each State or subdivision thereof (d) OTHER REQUIREMENTS.—The Adminis-
that the Administrator provide an advance that (including counties), and that each State or trator shall—
is, subject to paragraph (3), in the amount re- subdivision has sufficient economic damage to (1) communicate and coordinate with the Fed-
quested by such applicant to such applicant small business concerns to qualify for assistance eral Deposit Insurance Corporation, the Office
within 3 days after the Administrator receives under this paragraph and the Administrator of the Comptroller of the Currency, and State
an application from such applicant. shall accept applications for such assistance im- bank regulators to encourage those entities to
(2) VERIFICATION.—Before disbursing amounts mediately.’’. not require lenders to increase their reserves on
under this subsection, the Administrator shall SEC. 1111. RESOURCES AND SERVICES IN LAN- account of receiving payments made by the Ad-
verify that the applicant is an eligible entity by GUAGES OTHER THAN ENGLISH. ministrator under subsection (c);
accepting a self-certification from the applicant (a) IN GENERAL.—The Administrator shall (2) waive statutory limits on maximum loan
under penalty of perjury pursuant to section provide the resources and services made avail- maturities for any covered loan durations where
1746 of title 28 United States Code. able by the Administration to small business the lender provides a deferral and extends the
(3) AMOUNT.—The amount of an advance pro- concerns in the 10 most commonly spoken lan- maturity of covered loans during the 1-year pe-
vided under this subsection shall be not more guages, other than English, in the United riod following the date of enactment of this Act;
than $10,000. States, which shall include Mandarin, Can- and
(4) USE OF FUNDS.—An advance provided tonese, Japanese, and Korean. (3) when necessary to provide more time be-
under this subsection may be used to address (b) AUTHORIZATION OF APPROPRIATIONS.— cause of the potential of higher volumes, travel
any allowable purpose for a loan made under There is authorized to be appropriated to the restrictions, and the inability to access some
section 7(b)(2) of the Small Business Act (15 Administrator $25,000,000 to carry out this sec- properties during the COVID–19 pandemic, ex-
U.S.C. 636(b)(2)), including— tion. tend lender site visit requirements to—
(A) providing paid sick leave to employees un- SEC. 1112. SUBSIDY FOR CERTAIN LOAN PAY- (A) not more than 60 days (which may be ex-
able to work due to the direct effect of the MENTS. tended at the discretion of the Administration)
COVID–19; (a) DEFINITION OF COVERED LOAN.—In this after the occurrence of an adverse event, other
(B) maintaining payroll to retain employees section, the term ‘‘covered loan’’ means a loan than a payment default, causing a loan to be
during business disruptions or substantial slow- that is— classified as in liquidation; and
downs; (1) guaranteed by the Administration under— (B) not more than 90 days after a payment de-
(C) meeting increased costs to obtain materials (A) section 7(a) of the Small Business Act (15 fault.
unavailable from the applicant’s original source U.S.C. 636(a))— (e) RULE OF CONSTRUCTION.—Nothing in this
due to interrupted supply chains; (i) including a loan made under the Commu- section may be construed to limit the authority
(D) making rent or mortgage payments; and nity Advantage Pilot Program of the Adminis- of the Administrator to make payments pursu-
(E) repaying obligations that cannot be met tration; and ant to subsection (c) with respect to a covered
due to revenue losses. (ii) excluding a loan made under paragraph loan solely because the covered loan has been
(5) REPAYMENT.—An applicant shall not be re- (36) of such section 7(a), as added by section sold in the secondary market.
quired to repay any amounts of an advance pro- 1102; or (f) AUTHORIZATION OF APPROPRIATIONS.—
vided under this subsection, even if subse- (B) title V of the Small Business Investment There is authorized to be appropriated to the
quently denied a loan under section 7(b)(2) of Act of 1958 (15 U.S.C. 695 et seq.); or Administrator $17,000,000,000 to carry out this
the Small Business Act (15 U.S.C. 636(b)(2)). (2) made by an intermediary to a small busi- section.
(6) UNEMPLOYMENT GRANT.—If an applicant ness concern using loans or grants received SEC. 1113. BANKRUPTCY.
that receives an advance under this subsection under section 7(m) of the Small Business Act (15 (a) SMALL BUSINESS DEBTOR REORGANIZA-
transfers into, or is approved for, the loan pro- U.S.C. 636(m)). TION.—
gram under section 7(a) of the Small Business (b) SENSE OF CONGRESS.—It is the sense of (1) IN GENERAL.—Section 1182(1) of title 11,
Act (15 U.S.C. 636(a)), the advance amount shall Congress that— United States Code, is amended to read as fol-
be reduced from the loan forgiveness amount for (1) all borrowers are adversely affected by lows:
a loan for payroll costs made under such section COVID–19; ‘‘(1) DEBTOR.—The term ‘debtor’—
7(a). (2) relief payments by the Administration are ‘‘(A) subject to subparagraph (B), means a
(7) AUTHORIZATION OF APPROPRIATIONS.— appropriate for all borrowers; and person engaged in commercial or business activi-
There is authorized to be appropriated to the (3) in addition to the relief provided under ties (including any affiliate of such person that
Administration $10,000,000,000 to carry out this this Act, the Administration should encourage is also a debtor under this title and excluding a
subsection. lenders to provide payment deferments, when person whose primary activity is the business of
(8) TERMINATION.—The authority to carry out appropriate, and to extend the maturity of cov- owning single asset real estate) that has aggre-
grants under this subsection shall terminate on ered loans, so as to avoid balloon payments or gate noncontingent liquidated secured and un-
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December 31, 2020. any requirement for increases in debt payments secured debts as of the date of the filing of the
(f) EMERGENCIES INVOLVING FEDERAL PRI- resulting from deferments provided by lenders petition or the date of the order for relief in an
MARY RESPONSIBILITY QUALIFYING FOR SBA AS- during the period of the national emergency de- amount not more than $7,500,000 (excluding
SISTANCE.—Section 7(b)(2) of the Small Business clared by the President under the National debts owed to 1 or more affiliates or insiders) not
Act (15 U.S.C. 636(b)(2)) is amended— Emergencies Act (50 U.S.C. 1601 et seq.) with re- less than 50 percent of which arose from the
(1) in subparagraph (A), by striking ‘‘or’’ at spect to the Coronavirus Disease 2019 (COVID– commercial or business activities of the debtor;
the end; 19). and
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H1740 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(B) does not include— (ii) The amendment made by subparagraph the COVID–19 public health emergency and
‘‘(i) any member of a group of affiliated debt- (C) shall apply to any case for which a plan has such school or facility care is required for the
ors that has aggregate noncontingent liquidated been confirmed under section 1325 of title 11, individual to work;
secured and unsecured debts in an amount United States Code, before the date of enact- (ee) the individual is unable to reach the place
greater than $7,500,000 (excluding debt owed to ment of this Act. of employment because of a quarantine imposed
1 or more affiliates or insiders); (2) SUNSET.— as a direct result of the COVID–19 public health
‘‘(ii) any debtor that is a corporation subject (A) IN GENERAL.— emergency;
to the reporting requirements under section 13 or (i) EXCLUSION FROM CURRENT MONTHLY IN- (ff) the individual is unable to reach the place
15(d) of the Securities Exchange Act of 1934 (15 COME.—Section 101(10A)(B)(ii) of title 11, United of employment because the individual has been
U.S.C. 78m, 78o(d)); or States Code, is amended— advised by a health care provider to self-quar-
‘‘(iii) any debtor that is an affiliate of an (I) in subclause (III), by striking the semi- antine due to concerns related to COVID–19;
issuer, as defined in section 3 of the Securities colon at the end and inserting ‘‘; and’’; (gg) the individual was scheduled to com-
Exchange Act of 1934 (15 U.S.C. 78c).’’. (II) in subclause (IV), by striking ‘‘; and’’ and mence employment and does not have a job or is
(2) APPLICABILITY OF CHAPTERS.—Section inserting a period; and unable to reach the job as a direct result of the
103(i) of title 11, United States Code, is amended (III) by striking subclause (V). COVID–19 public health emergency;
by striking ‘‘small business debtor’’ and insert- (ii) CONFIRMATION OF PLAN.—Section (hh) the individual has become the bread-
ing ‘‘debtor (as defined in section 1182)’’. 1325(b)(2) of title 11, United States Code, is winner or major support for a household be-
(3) APPLICATION OF AMENDMENT.—The amend- amended by striking ‘‘payments made under cause the head of the household has died as a
ment made by paragraph (1) shall apply only Federal law relating to the national emergency direct result of COVID–19;
with respect to cases commenced under title 11, declared by the President under the National (ii) the individual has to quit his or her job as
United States Code, on or after the date of en- Emergencies Act (50 U.S.C. 1601 et seq.) with re- a direct result of COVID–19;
actment of this Act. spect to the coronavirus disease 2019 (COVID– (jj) the individual’s place of employment is
(4) TECHNICAL CORRECTIONS.— 19),’’. closed as a direct result of the COVID–19 public
(A) DEFINITION OF SMALL BUSINESS DEBTOR.— (iii) MODIFICATION OF PLAN AFTER CONFIRMA- health emergency; or
Section 101(51D)(B)(iii) of title 11, United States TION.—Section 1329 of title 11, United States (kk) the individual meets any additional cri-
Code, is amended to read as follows: Code, is amended by striking subsection (d). teria established by the Secretary for unemploy-
‘‘(iii) any debtor that is an affiliate of an (B) EFFECTIVE DATE.—The amendments made ment assistance under this section; or
issuer (as defined in section 3 of the Securities by subparagraph (A) shall take effect on the (II) is self-employed, is seeking part-time em-
Exchange Act of 1934 (15 U.S.C. 78c)).’’. date that is 1 year after the date of enactment ployment, does not have sufficient work history,
(B) UNCLAIMED PROPERTY.—Section 347(b) of of this Act. or otherwise would not qualify for regular un-
title 11, United States Code, is amended by strik- employment or extended benefits under State or
SEC. 1114. EMERGENCY RULEMAKING AUTHOR-
ing ‘‘1194’’ and inserting ‘‘1191’’. ITY. Federal law or pandemic emergency unemploy-
(5) SUNSET.—On the date that is 1 year after Not later than 15 days after the date of enact- ment compensation under section 2107 and meets
the date of enactment of this Act, section 1182(1) ment of this Act, the Administrator shall issue the requirements of subclause (I); and
(B) does not include—
of title 11, United States Code, is amended to regulations to carry out this title and the (i) an individual who has the ability to
read as follows: amendments made by this title without regard to telework with pay; or
‘‘(1) DEBTOR.—The term ‘debtor’ means a the notice requirements under section 553(b) of (ii) an individual who is receiving paid sick
small business debtor.’’. title 5, United States Code. leave or other paid leave benefits, regardless of
(b) BANKRUPTCY RELIEF.— TITLE II—ASSISTANCE FOR AMERICAN whether the individual meets a qualification de-
(1) IN GENERAL.— WORKERS, FAMILIES, AND BUSINESSES scribed in items (aa) through (kk) of subpara-
(A) EXCLUSION FROM CURRENT MONTHLY IN-
Subtitle A—Unemployment Insurance graph (A)(i)(I).
COME.—Section 101(10A)(B)(ii) of title 11, United
Provisions (4) SECRETARY.—The term ‘‘Secretary’’ means
States Code, is amended— the Secretary of Labor.
(i) in subclause (III), by striking ‘‘; and’’ and SEC. 2101. SHORT TITLE.
(5) STATE.—The term ‘‘State’’ includes the
inserting a semicolon; This subtitle may be cited as the ‘‘Relief for District of Columbia, the Commonwealth of
(ii) in subclause (IV), by striking the period at Workers Affected by Coronavirus Act’’. Puerto Rico, the Virgin Islands, Guam, Amer-
the end and inserting ‘‘; and’’; and SEC. 2102. PANDEMIC UNEMPLOYMENT ASSIST- ican Samoa, the Commonwealth of the Northern
(iii) by adding at the end the following: ANCE.
Mariana Islands, the Federated States of Micro-
‘‘(V) Payments made under Federal law relat- (a) DEFINITIONS.—In this section: nesia, the Republic of the Marshall Islands, and
ing to the national emergency declared by the (1) COVID–19.—The term ‘‘COVID–19’’ means the Republic of Palau.
President under the National Emergencies Act the 2019 Novel Coronavirus or 2019-nCoV. (b) ASSISTANCE FOR UNEMPLOYMENT AS A RE-
(50 U.S.C. 1601 et seq.) with respect to the (2) COVID–19 PUBLIC HEALTH EMERGENCY.— SULT OF COVID–19.—Subject to subsection (c),
coronavirus disease 2019 (COVID–19).’’. The term ‘‘COVID–19 public health emergency’’ the Secretary shall provide to any covered indi-
(B) CONFIRMATION OF PLAN.—Section means the public health emergency declared by vidual unemployment benefit assistance while
1325(b)(2) of title 11, United States Code, is the Secretary of Health and Human Services on such individual is unemployed, partially unem-
amended by inserting ‘‘payments made under January 27, 2020, with respect to the 2019 Novel ployed, or unable to work for the weeks of such
Federal law relating to the national emergency Coronavirus. unemployment with respect to which the indi-
declared by the President under the National (3) COVERED INDIVIDUAL.—The term ‘‘covered vidual is not entitled to any other unemploy-
Emergencies Act (50 U.S.C. 1601 et seq.) with re- individual’’— ment compensation (as that term is defined in
spect to the coronavirus disease 2019 (COVID– (A) means an individual who— section 85(b) of title 26, United States Code) or
19),’’ after ‘‘other than’’. (i) is not eligible for regular compensation or waiting period credit.
(C) MODIFICATION OF PLAN AFTER CONFIRMA- extended benefits under State or Federal law or (c) APPLICABILITY.—
TION.—Section 1329 of title 11, United States pandemic emergency unemployment compensa- (1) IN GENERAL.—Except as provided in para-
Code, is amended by adding at end the fol- tion under section 2107, including an individual graph (2), the assistance authorized under sub-
lowing: who has exhausted all rights to regular unem- section (b) shall be available to a covered indi-
‘‘(d)(1) Subject to paragraph (3), for a plan ployment or extended benefits under State or vidual—
confirmed prior to the date of enactment of this Federal law or pandemic emergency unemploy- (A) for weeks of unemployment, partial unem-
subsection, the plan may be modified upon the ment compensation under section 2107; and ployment, or inability to work caused by
request of the debtor if— (ii) provides self-certification that the indi- COVID–19—
‘‘(A) the debtor is experiencing or has experi- vidual— (i) beginning on or after January 27, 2020; and
enced a material financial hardship due, di- (I) is otherwise able to work and available for (ii) ending on or before December 31, 2020; and
rectly or indirectly, to the coronavirus disease work within the meaning of applicable State (B) subject to subparagraph (A)(ii), as long as
2019 (COVID–19) pandemic; and law, except the individual is unemployed, par- the covered individual’s unemployment, partial
‘‘(B) the modification is approved after notice tially unemployed, or unable or unavailable to unemployment, or inability to work caused by
and a hearing. work because— COVID–19 continues.
‘‘(2) A plan modified under paragraph (1) may (aa) the individual has been diagnosed with (2) LIMITATION ON DURATION OF ASSISTANCE.—
not provide for payments over a period that ex- COVID–19 or is experiencing symptoms of The total number of weeks for which a covered
pires more than 7 years after the time that the COVID–19 and seeking a medical diagnosis; individual may receive assistance under this sec-
first payment under the original confirmed plan (bb) a member of the individual’s household tion shall not exceed 39 weeks and such total
was due. has been diagnosed with COVID–19; shall include any week for which the covered
‘‘(3) Sections 1322(a), 1322(b), 1323(c), and the (cc) the individual is providing care for a fam- individual received regular compensation or ex-
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requirements of section 1325(a) shall apply to ily member or a member of the individual’s tended benefits under any Federal or State law,
any modification under paragraph (1).’’. household who has been diagnosed with except that if after the date of enactment of this
(D) APPLICABILITY.— COVID–19; Act, the duration of extended benefits is ex-
(i) The amendments made by subparagraphs (dd) a child or other person in the household tended, the 39-week period described in this
(A) and (B) shall apply to any case commenced for which the individual has primary caregiving paragraph shall be extended by the number of
before, on, or after the date of enactment of this responsibility is unable to attend school or an- weeks that is equal to the number of weeks by
Act. other facility that is closed as a direct result of which the extended benefits were extended.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1741
(3) ASSISTANCE FOR UNEMPLOYMENT BEFORE of such statistical, sampling, or other method as account, in accordance with the succeeding pro-
DATE OF ENACTMENT.—The Secretary shall es- may be agreed upon by the Secretary and the visions of this subsection.
tablish a process for making assistance under State agency of the State involved. ‘‘(B) The amount of funds transferred to the
this section available for weeks beginning on or (g) FUNDING.— account of a State under subparagraph (A) dur-
after January 27, 2020, and before the date of (1) ASSISTANCE.— ing the applicable period shall, as determined by
enactment of this Act. (A) IN GENERAL.—Funds in the extended un- the Secretary of Labor, be equal to one-half of
(d) AMOUNT OF ASSISTANCE.— employment compensation account (as estab- the amounts of compensation (as defined in sec-
(1) IN GENERAL.—The assistance authorized lished by section 905(a) of the Social Security tion 3306(h) of the Internal Revenue Code of
under subsection (b) for a week of unemploy- Act (42 U.S.C. 1105(a)) of the Unemployment 1986) attributable under the State law to service
ment, partial unemployment, or inability to Trust Fund (as established by section 904(a) of to which section 3309(a)(1) of such Code applies
work shall be— such Act (42 U.S.C. 1104(a)) shall be used to that were paid by the State for weeks of unem-
(A)(i) the weekly benefit amount authorized make payments to States pursuant to subsection ployment beginning and ending during such pe-
under the unemployment compensation law of (f)(2)(A). riod. Such transfers shall be made at such times
the State where the covered individual was em- (B) TRANSFER OF FUNDS.—Notwithstanding as the Secretary of Labor considers appropriate.
ployed, except that the amount may not be less any other provision of law, the Secretary of the ‘‘(C) Notwithstanding any other law, funds
than the minimum weekly benefit amount de- Treasury shall transfer from the general fund of transferred to the account of a State under sub-
scribed in section 625.6 of title 20, Code of Fed- the Treasury (from funds not otherwise appro- paragraph (A) shall be used exclusively to reim-
eral Regulations, or any successor thereto; and priated) to the extended unemployment com- burse governmental entities and other organiza-
(ii) the amount of Federal Pandemic Unem- pensation account such sums as the Secretary of tions described in section 3309(a)(2) of such Code
ployment Compensation under section 2104; and Labor estimates to be necessary to make pay- for amounts paid (in lieu of contributions) into
(B) in the case of an increase of the weekly ments described in subparagraph (A). There are the State unemployment fund pursuant to such
benefit amount after the date of enactment of appropriated from the general fund of the section.
this Act, increased in an amount equal to such Treasury, without fiscal year limitation, the ‘‘(D) For purposes of this paragraph, the term
increase. sums referred to in the preceding sentence and ‘applicable period’ means the period beginning
(2) CALCULATIONS OF AMOUNTS FOR CERTAIN such sums shall not be required to be repaid. on March 13, 2020, and ending on December 31,
COVERED INDIVIDUALS.—In the case of a covered (2) ADMINISTRATIVE EXPENSES.— 2020.
individual who is self-employed, who lives in a (A) IN GENERAL.—Funds in the employment ‘‘(2)(A) Notwithstanding any other provision
territory described in subsection (c) or (d) of sec- security administration account (as established of law, the Secretary of the Treasury shall
tion 625.6 of title 20, Code of Federal Regula- by section 901(a) of the Social Security Act (42 transfer from the general fund of the Treasury
tions, or who would not otherwise qualify for U.S.C. 1105(a)) of the Unemployment Trust (from funds not otherwise appropriated) to the
unemployment compensation under State law, Fund (as established by section 904(a) of such Federal unemployment account such sums as
the assistance authorized under subsection (b) Act (42 U.S.C. 1104(a)) shall be used to make the Secretary of Labor estimates to be necessary
for a week of unemployment shall be calculated payments to States pursuant to subsection for purposes of making the transfers described
in accordance with section 625.6 of title 20, Code (f)(2)(B). in paragraph (1).
of Federal Regulations, or any successor there- (B) TRANSFER OF FUNDS.—Notwithstanding ‘‘(B) There are appropriated from the general
to, and shall be increased by the amount of Fed- any other provision of law, the Secretary of the fund of the Treasury, without fiscal year limita-
eral Pandemic Unemployment Compensation Treasury shall transfer from the general fund of tion, the sums referred to in subparagraph (A)
under section 2104. the Treasury (from funds not otherwise appro- and such sums shall not be required to be re-
(3) ALLOWABLE METHODS OF PAYMENT.—Any priated) to the employment security administra- paid.’’.
assistance provided for in accordance with tion account such sums as the Secretary of SEC. 2104. EMERGENCY INCREASE IN UNEMPLOY-
paragraph (1)(A)(ii) shall be payable either— Labor estimates to be necessary to make pay- MENT COMPENSATION BENEFITS.
(A) as an amount which is paid at the same ments described in subparagraph (A). There are (a) FEDERAL-STATE AGREEMENTS.—Any State
time and in the same manner as the assistance appropriated from the general fund of the which desires to do so may enter into and par-
provided for in paragraph (1)(A)(i) is payable Treasury, without fiscal year limitation, the ticipate in an agreement under this section with
for the week involved; or sums referred to in the preceding sentence and the Secretary of Labor (in this section referred
(B) at the option of the State, by payments such sums shall not be required to be repaid. to as the ‘‘Secretary’’). Any State which is a
which are made separately from, but on the (3) CERTIFICATIONS.—The Secretary of Labor party to an agreement under this section may,
same weekly basis as, any assistance provided shall from time to time certify to the Secretary upon providing 30 days’ written notice to the
for in paragraph (1)(A)(i). of the Treasury for payment to each State the Secretary, terminate such agreement.
(e) WAIVER OF STATE REQUIREMENT.—Not- sums payable to such State under paragraphs (b) PROVISIONS OF AGREEMENT.—
withstanding State law, for purposes of assist- (1) and (2). (1) FEDERAL PANDEMIC UNEMPLOYMENT COM-
ance authorized under this section, compensa- (h) RELATIONSHIP BETWEEN PANDEMIC UNEM- PENSATION.—Any agreement under this section
tion under this Act shall be made to an indi- PLOYMENT ASSISTANCE AND DISASTER UNEM- shall provide that the State agency of the State
vidual otherwise eligible for such compensation PLOYMENT ASSISTANCE.—Except as otherwise will make payments of regular compensation to
without any waiting period. provided in this section or to the extent there is individuals in amounts and to the extent that
(f) AGREEMENTS WITH STATES.— a conflict between this section and section 625 of they would be determined if the State law of the
(1) IN GENERAL.—The Secretary shall provide State were applied, with respect to any week for
title 20, Code of Federal Regulations, such sec-
the assistance authorized under subsection (b) which the individual is (disregarding this sec-
tion 625 shall apply to this section as if—
through agreements with States which, in the (1) the term ‘‘COVID–19 public health emer- tion) otherwise entitled under the State law to
judgment of the Secretary, have an adequate gency’’ were substituted for the term ‘‘major dis- receive regular compensation, as if such State
system for administering such assistance aster’’ each place it appears in such section 625; law had been modified in a manner such that
through existing State agencies. and the amount of regular compensation (including
(2) PAYMENTS TO STATES.—There shall be paid dependents’ allowances) payable for any week
(2) the term ‘‘pandemic’’ were substituted for
to each State which has entered into an agree- shall be equal to—
the term ‘‘disaster’’ each place it appears in
ment under this subsection an amount equal to (A) the amount determined under the State
such section 625.
100 percent of— law (before the application of this paragraph),
SEC. 2103. EMERGENCY UNEMPLOYMENT RELIEF
(A) the total amount of assistance provided by plus
FOR GOVERNMENTAL ENTITIES AND
the State pursuant to such agreement; and NONPROFIT ORGANIZATIONS. (B) an additional amount of $600 (in this sec-
(B) any additional administrative expenses in- tion referred to as ‘‘Federal Pandemic Unem-
(a) FLEXIBILITY IN PAYING REIMBURSEMENT.—
curred by the State by reason of such agreement ployment Compensation’’).
The Secretary of Labor may issue clarifying
(as determined by the Secretary), including any (2) ALLOWABLE METHODS OF PAYMENT.—Any
guidance to allow States to interpret their State
administrative expenses necessary to facilitate Federal Pandemic Unemployment Compensation
unemployment compensation laws in a manner
processing of applications for assistance under provided for in accordance with paragraph (1)
that would provide maximum flexibility to reim-
this section online or by telephone rather than shall be payable either—
bursing employers as it relates to timely pay-
in-person. (A) as an amount which is paid at the same
ment and assessment of penalties and interest
(3) TERMS OF PAYMENTS.—Sums payable to time and in the same manner as any regular
pursuant to such State laws.
any State by reason of such State’s having an compensation otherwise payable for the week
(b) FEDERAL FUNDING.—Section 903 of the So-
agreement under this subsection shall be pay- involved; or
cial Security Act (42 U.S.C. 1103) is amended by
able, either in advance or by way of reimburse- (B) at the option of the State, by payments
adding at the end the following:
ment (as determined by the Secretary), in such which are made separately from, but on the
amounts as the Secretary estimates the State ‘‘Transfers for Federal Reimbursement of State same weekly basis as, any regular compensation
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will be entitled to receive under this subsection Unemployment Funds otherwise payable.
for each calendar month, reduced or increased, ‘‘(i)(1)(A) In addition to any other amounts, (c) NONREDUCTION RULE.—
as the case may be, by any amount by which the the Secretary of Labor shall provide for the (1) IN GENERAL.—An agreement under this sec-
Secretary finds that his estimates for any prior transfer of funds during the applicable period to tion shall not apply (or shall cease to apply)
calendar month were greater or less than the the accounts of the States in the Unemployment with respect to a State upon a determination by
amounts which should have been paid to the Trust Fund, by transfer from amounts reserved the Secretary that the method governing the
State. Such estimates may be made on the basis for that purpose in the Federal unemployment computation of regular compensation under the
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H1742 CONGRESSIONAL RECORD — HOUSE March 27, 2020
State law of that State has been modified in a (A) the payment of such Federal Pandemic upon providing 30 days’ written notice to the
manner such that the number of weeks (the Unemployment Compensation was without fault Secretary, terminate such agreement.
maximum benefit entitlement), or the average on the part of any such individual; and (b) REQUIREMENT THAT STATE LAW DOES NOT
weekly benefit amount, of regular compensation (B) such repayment would be contrary to eq- APPLY A WAITING WEEK.—A State is eligible to
which will be payable during the period of the uity and good conscience. enter into an agreement under this section if the
agreement (determined disregarding any Federal (3) RECOVERY BY STATE AGENCY.— State law (including a waiver of State law) pro-
Pandemic Unemployment Compensation) will be (A) IN GENERAL.—The State agency shall re- vides that compensation is paid to individuals
less than the number of weeks, or the average cover the amount to be repaid, or any part for their first week of regular unemployment
weekly benefit amount, of the average weekly thereof, by deductions from any Federal Pan- without a waiting week. An agreement under
benefit amount of regular compensation which demic Unemployment Compensation payable to this section shall not apply (or shall cease to
would otherwise have been payable during such such individual or from any unemployment com- apply) with respect to a State upon a determina-
period under the State law, as in effect on Janu- pensation payable to such individual under any tion by the Secretary that the State law no
ary 1, 2020. State or Federal unemployment compensation longer meets the requirement under the pre-
(2) MAXIMUM BENEFIT ENTITLEMENT.—In law administered by the State agency or under ceding sentence.
paragraph (1), the term ‘‘maximum benefit enti- any other State or Federal law administered by (c) PAYMENTS TO STATES.—
tlement’’ means the amount of regular unem- the State agency which provides for the pay- (1) FULL REIMBURSEMENT.—There shall be
ployment compensation payable to an indi- ment of any assistance or allowance with re- paid to each State which has entered into an
vidual with respect to the individual’s benefit spect to any week of unemployment, during the agreement under this section an amount equal
year. 3-year period after the date such individuals re- to 100 percent of—
(d) PAYMENTS TO STATES.— ceived the payment of the Federal Pandemic (A) the total amount of regular compensation
(1) IN GENERAL.— Unemployment Compensation to which they paid to individuals by the State for their first
(A) FULL REIMBURSEMENT.—There shall be were not entitled, in accordance with the same week of regular unemployment; and
paid to each State which has entered into an procedures as apply to the recovery of overpay- (B) any additional administrative expenses in-
agreement under this section an amount equal ments of regular unemployment benefits paid by curred by the State by reason of such agreement
to 100 percent of— the State. (as determined by the Secretary).
(i) the total amount of Federal Pandemic Un- (B) OPPORTUNITY FOR HEARING.—No repay- (2) TERMS OF PAYMENTS.—Sums payable to
employment Compensation paid to individuals ment shall be required, and no deduction shall any State by reason of such State’s having an
by the State pursuant to such agreement; and be made, until a determination has been made, agreement under this section shall be payable,
(ii) any additional administrative expenses in- either in advance or by way of reimbursement
notice thereof and an opportunity for a fair
curred by the State by reason of such agreement (as determined by the Secretary), in such
hearing has been given to the individual, and
(as determined by the Secretary). amounts as the Secretary estimates the State
(B) TERMS OF PAYMENTS.—Sums payable to the determination has become final.
(4) REVIEW.—Any determination by a State will be entitled to receive under this section for
any State by reason of such State’s having an
agency under this section shall be subject to re- each calendar month, reduced or increased, as
agreement under this section shall be payable,
view in the same manner and to the same extent the case may be, by any amount by which the
either in advance or by way of reimbursement
as determinations under the State unemploy- Secretary finds that his estimates for any prior
(as determined by the Secretary), in such
ment compensation law, and only in that man- calendar month were greater or less than the
amounts as the Secretary estimates the State
ner and to that extent. amounts which should have been paid to the
will be entitled to receive under this section for
(g) APPLICATION TO OTHER UNEMPLOYMENT State. Such estimates may be made on the basis
each calendar month, reduced or increased, as
BENEFITS.—Each agreement under this section of such statistical, sampling, or other method as
the case may be, by any amount by which the
shall include provisions to provide that the pur- may be agreed upon by the Secretary and the
Secretary finds that his estimates for any prior
poses of the preceding provisions of this section State agency of the State involved.
calendar month were greater or less than the (d) FUNDING.—
shall be applied with respect to unemployment
amounts which should have been paid to the (1) COMPENSATION.—
benefits described in subsection (i)(2) to the
State. Such estimates may be made on the basis (A) IN GENERAL.—Funds in the Federal unem-
same extent and in the same manner as if those
of such statistical, sampling, or other method as ployment account (as established by section
benefits were regular compensation.
may be agreed upon by the Secretary and the 905(g)) of the Unemployment Trust Fund (as es-
(h) DISREGARD OF ADDITIONAL COMPENSATION
State agency of the State involved. tablished by section 904(a)) shall be used to
FOR PURPOSES OF MEDICAID AND CHIP.—The
(2) CERTIFICATIONS.—The Secretary shall from make payments under subsection (c)(1)(A).
time to time certify to the Secretary of the monthly equivalent of any Federal pandemic
unemployment compensation paid to an indi- (B) TRANSFER OF FUNDS.—Notwithstanding
Treasury for payment to each State the sums any other provision of law, the Secretary of the
payable to such State under this section. vidual under this section shall be disregarded
when determining income for any purpose under Treasury shall transfer from the general fund of
(3) APPROPRIATION.—There are appropriated
the programs established under titles XIX and the Treasury (from funds not otherwise appro-
from the general fund of the Treasury, without
title XXI of the Social Security Act (42 U.S.C. priated) to the Federal unemployment account
fiscal year limitation, such sums as may be nec-
1396 et seq., 1397aa et seq.) . such sums as the Secretary of Labor estimates to
essary for purposes of this subsection.
(i) DEFINITIONS.—For purposes of this sec- be necessary to make payments described in sub-
(e) APPLICABILITY.—An agreement entered
tion— paragraph (A). There are appropriated from the
into under this section shall apply to weeks of
(1) the terms ‘‘compensation’’, ‘‘regular com- general fund of the Treasury, without fiscal
unemployment—
(1) beginning after the date on which such pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State year limitation, the sums referred to in the pre-
agreement is entered into; and agency’’, ‘‘State law’’, and ‘‘week’’ have the re- ceding sentence and such sums shall not be re-
(2) ending on or before July 31, 2020. spective meanings given such terms under sec- quired to be repaid.
(f) FRAUD AND OVERPAYMENTS.— tion 205 of the Federal-State Extended Unem- (2) ADMINISTRATIVE EXPENSES.—
(1) IN GENERAL.—If an individual knowingly ployment Compensation Act of 1970 (26 U.S.C. (A) IN GENERAL.—Funds in the employment
has made, or caused to be made by another, a 3304 note); and security administration account (as established
false statement or representation of a material (2) any reference to unemployment benefits by section 901(a) of the Social Security Act (42
fact, or knowingly has failed, or caused another described in this paragraph shall be considered U.S.C. 1105(a)) of the Unemployment Trust
to fail, to disclose a material fact, and as a re- to refer to— Fund (as established by section 904(a) of such
sult of such false statement or representation or (A) extended compensation (as defined by sec- Act (42 U.S.C. 1104(a)) shall be used to make
of such nondisclosure such individual has re- tion 205 of the Federal-State Extended Unem- payments to States pursuant to subsection
ceived an amount of Federal Pandemic Unem- ployment Compensation Act of 1970); (c)(1)(B).
ployment Compensation to which such indi- (B) regular compensation (as defined by sec- (B) TRANSFER OF FUNDS.—Notwithstanding
vidual was not entitled, such individual— tion 85(b) of the Internal Revenue Code of 1986) any other provision of law, the Secretary of the
(A) shall be ineligible for further Federal Pan- provided under any program administered by a Treasury shall transfer from the general fund of
demic Unemployment Compensation in accord- State under an agreement with the Secretary; the Treasury (from funds not otherwise appro-
ance with the provisions of the applicable State (C) pandemic unemployment assistance under priated) to the employment security administra-
unemployment compensation law relating to section 2102; and tion account such sums as the Secretary of
fraud in connection with a claim for unemploy- (D) pandemic emergency unemployment com- Labor estimates to be necessary to make pay-
ment compensation; and pensation under section 2107. ments described in subparagraph (A). There are
(B) shall be subject to prosecution under sec- SEC. 2105. TEMPORARY FULL FEDERAL FUNDING appropriated from the general fund of the
tion 1001 of title 18, United States Code. OF THE FIRST WEEK OF COMPEN- Treasury, without fiscal year limitation, the
(2) REPAYMENT.—In the case of individuals SABLE REGULAR UNEMPLOYMENT sums referred to in the preceding sentence and
who have received amounts of Federal Pan- FOR STATES WITH NO WAITING such sums shall not be required to be repaid.
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demic Unemployment Compensation to which WEEK. (3) CERTIFICATIONS.—The Secretary shall from
they were not entitled, the State shall require (a) FEDERAL-STATE AGREEMENTS.—Any State time to time certify to the Secretary of the
such individuals to repay the amounts of such which desires to do so may enter into and par- Treasury for payment to each State the sums
Federal Pandemic Unemployment Compensation ticipate in an agreement under this section with payable to such State under this section.
to the State agency, except that the State agen- the Secretary of Labor (in this section referred (e) APPLICABILITY.—An agreement entered
cy may waive such repayment if it determines to as the ‘‘Secretary’’). Any State which is a into under this section shall apply to weeks of
that— party to an agreement under this section may, unemployment—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1743
(1) beginning after the date on which such such individual during such individual’s benefit (1) IN GENERAL.—Any agreement under this
agreement is entered into; and year under the State law for a week of total un- section shall provide that the State will estab-
(2) ending on or before December 31, 2020. employment; and lish, for each eligible individual who files an ap-
(f) FRAUD AND OVERPAYMENTS.—The provi- (ii) the amount of Federal Pandemic Unem- plication for pandemic emergency unemploy-
sions of section 2107(e) shall apply with respect ployment Compensation under section 2104; ment compensation, an pandemic emergency un-
to compensation paid under an agreement under (B) the terms and conditions of the State law employment compensation account with respect
this section to the same extent and in the same which apply to claims for regular compensation to such individual’s benefit year.
manner as in the case of pandemic emergency and to the payment thereof (including terms (2) AMOUNT IN ACCOUNT.—The amount estab-
unemployment compensation under such sec- and conditions relating to availability for work, lished in an account under subsection (a) shall
tion. active search for work, and refusal to accept be equal to 13 times the individual’s average
(g) DEFINITIONS.—For purposes of this section, work) shall apply to claims for pandemic emer- weekly benefit amount, which includes the
the terms ‘‘regular compensation’’, ‘‘State’’, gency unemployment compensation and the amount of Federal Pandemic Unemployment
‘‘State agency’’, ‘‘State law’’, and ‘‘week’’ have payment thereof, except where otherwise incon- Compensation under section 2104, for the benefit
the respective meanings given such terms under sistent with the provisions of this section or year.
section 205 of the Federal-State Extended Unem- with the regulations or operating instructions of (3) WEEKLY BENEFIT AMOUNT.—For purposes
ployment Compensation Act of 1970 (26 U.S.C. the Secretary promulgated to carry out this sec- of this subsection, an individual’s weekly ben-
3304 note). tion; efit amount for any week is the amount of reg-
(C) the maximum amount of pandemic emer- ular compensation (including dependents’ al-
SEC. 2106. EMERGENCY STATE STAFFING FLEXI-
gency unemployment compensation payable to lowances) under the State law payable to such
BILITY.
any individual for whom an pandemic emer- individual for such week for total unemploy-
Section 4102(b) of the Emergency Unemploy- gency unemployment compensation account is
ment Stabilization and Access Act of 2020 (con- ment plus the amount of Federal Pandemic Un-
established under subsection (b) shall not exceed employment Compensation under section 2104.
tained in division D of the Families First the amount established in such account for such
Coronavirus Response Act) is amended— (c) PAYMENTS TO STATES HAVING AGREEMENTS
individual; and FOR THE PAYMENT OF PANDEMIC EMERGENCY
(1) by striking ‘‘or employer experience rat- (D) the allowable methods of payment under
ing’’ and inserting ‘‘employer experience rating, UNEMPLOYMENT COMPENSATION.—
section 2104(b)(2) shall apply to payments of (1) IN GENERAL.—There shall be paid to each
or, subject to the succeeding sentence, personnel amounts described in subparagraph (A)(ii).
standards on a merit basis’’; and State that has entered into an agreement under
(5) COORDINATION RULE.—An agreement under this section an amount equal to 100 percent of
(2) by adding at the end the following new this section shall apply with respect to a State
sentence: ‘‘The emergency flexibility for per- the pandemic emergency unemployment com-
only upon a determination by the Secretary pensation paid to individuals by the State pur-
sonnel standards on a merit basis shall only that, under the State law or other applicable
apply through December 31, 2020, and is limited suant to such agreement.
rules of such State, the payment of extended (2) TREATMENT OF REIMBURSABLE COMPENSA-
to engaging of temporary staff, rehiring of retir- compensation for which an individual is other- TION.—No payment shall be made to any State
ees or former employees on a non-competitive wise eligible must be deferred until after the under this section in respect of any compensa-
basis, and other temporary actions to quickly payment of any pandemic emergency unemploy- tion to the extent the State is entitled to reim-
process applications and claims.’’. ment compensation under subsection (b) for bursement in respect of such compensation
SEC. 2107. PANDEMIC EMERGENCY UNEMPLOY- which the individual is concurrently eligible.
MENT COMPENSATION.
under the provisions of any Federal law other
(6) NONREDUCTION RULE.— than this section or chapter 85 of title 5, United
(a) FEDERAL-STATE AGREEMENTS.— (A) IN GENERAL.—An agreement under this
States Code. A State shall not be entitled to any
(1) IN GENERAL.—Any State which desires to section shall not apply (or shall cease to apply)
reimbursement under such chapter 85 in respect
do so may enter into and participate in an with respect to a State upon a determination by
of any compensation to the extent the State is
agreement under this section with the Secretary the Secretary that the method governing the
entitled to reimbursement under this section in
of Labor (in this section referred to as the ‘‘Sec- computation of regular compensation under the
respect of such compensation.
retary’’). Any State which is a party to an State law of that State has been modified in a
(3) DETERMINATION OF AMOUNT.—Sums pay-
agreement under this section may, upon pro- manner such that the number of weeks (the
able to any State by reason of such State having
viding 30 days’ written notice to the Secretary, maximum benefit entitlement), or the average
an agreement under this section shall be pay-
terminate such agreement. weekly benefit amount, of regular compensation
able, either in advance or by way of reimburse-
(2) PROVISIONS OF AGREEMENT.—Any agree- which will be payable during the period of the
ment (as may be determined by the Secretary),
ment under paragraph (1) shall provide that the agreement will be less than the number of
in such amounts as the Secretary estimates the
State agency of the State will make payments of weeks, or the average weekly benefit amount, of
State will be entitled to receive under this sec-
pandemic emergency unemployment compensa- the average weekly benefit amount of regular
tion for each calendar month, reduced or in-
tion to individuals who— compensation which would otherwise have been
creased, as the case may be, by any amount by
(A) have exhausted all rights to regular com- payable during such period under the State law,
which the Secretary finds that the Secretary’s
pensation under the State law or under Federal as in effect on January 1, 2020.
(B) MAXIMUM BENEFIT ENTITLEMENT.—In sub- estimates for any prior calendar month were
law with respect to a benefit year (excluding greater or less than the amounts which should
any benefit year that ended before July1, 2019); paragraph (A), the term ‘‘maximum benefit enti-
tlement’’ means the amount of regular unem- have been paid to the State. Such estimates may
(B) have no rights to regular compensation be made on the basis of such statistical, sam-
with respect to a week under such law or any ployment compensation payable to an indi-
vidual with respect to the individual’s benefit pling, or other method as may be agreed upon
other State unemployment compensation law or by the Secretary and the State agency of the
to compensation under any other Federal law; year.
(7) ACTIVELY SEEKING WORK.— State involved.
(C) are not receiving compensation with re- (d) FINANCING PROVISIONS.—
spect to such week under the unemployment (A) IN GENERAL.—Subject to subparagraph
(C), for purposes of paragraph (2)(D), the term (1) COMPENSATION.—
compensation law of Canada; and (A) IN GENERAL.—Funds in the extended un-
(D) are able to work, available to work, and ‘‘actively seeking work’’ means, with respect to
any individual, that such individual— employment compensation account (as estab-
actively seeking work. lished by section 905(a) of the Social Security
(i) is registered for employment services in
(3) EXHAUSTION OF BENEFITS.—For purposes Act (42 U.S.C. 1105(a)) of the Unemployment
such a manner and to such extent as prescribed
of paragraph (2)(A), an individual shall be Trust Fund (as established by section 904(a) of
by the State agency;
deemed to have exhausted such individual’s (ii) has engaged in an active search for em- such Act (42 U.S.C. 1104(a)) shall be used for the
rights to regular compensation under a State ployment that is appropriate in light of the em- making of payments to States having agree-
law when— ployment available in the labor market, the in- ments entered into under this section.
(A) no payments of regular compensation can dividual’s skills and capabilities, and includes a (B) TRANSFER OF FUNDS.—Notwithstanding
be made under such law because such indi- number of employer contacts that is consistent any other provision of law, the Secretary of the
vidual has received all regular compensation with the standards communicated to the indi- Treasury shall transfer from the general fund of
available to such individual based on employ- vidual by the State; the Treasury (from funds not otherwise appro-
ment or wages during such individual’s base pe- (iii) has maintained a record of such work priated) to the extended unemployment com-
riod; or search, including employers contacted, method pensation account such sums as the Secretary of
(B) such individual’s rights to such compensa- of contact, and date contacted; and Labor estimates to be necessary to make pay-
tion have been terminated by reason of the expi- (iv) when requested, has provided such work ments described in subparagraph (A). There are
ration of the benefit year with respect to which search record to the State agency. appropriated from the general fund of the
such rights existed. (B) FLEXIBILITY.—Notwithstanding the re- Treasury, without fiscal year limitation, the
(4) WEEKLY BENEFIT AMOUNT, ETC.—For pur- quirements under subparagraph (A) and para- sums referred to in the preceding sentence and
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poses of any agreement under this section— graph (2)(D), a State shall provide flexibility in such sums shall not be required to be repaid.
(A) the amount of pandemic emergency unem- meeting such requirements in case of individuals (2) ADMINISTRATION.—
ployment compensation which shall be payable unable to search for work because of COVID–19, (A) IN GENERAL.—There are appropriated out
to any individual for any week of total unem- including because of illness, quarantine, or of the employment security administration ac-
ployment shall be equal to— movement restriction. count (as established by section 901(a) of the So-
(i) the amount of the regular compensation (b) PANDEMIC EMERGENCY UNEMPLOYMENT cial Security Act (42 U.S.C. 1101(a)) of the Un-
(including dependents’ allowances) payable to COMPENSATION ACCOUNT.— employment Trust Fund, without fiscal year
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H1744 CONGRESSIONAL RECORD — HOUSE March 27, 2020
limitation, such funds as may be necessary for (4) REVIEW.—Any determination by a State (2) STATE; STATE AGENCY; STATE LAW.—The
purposes of assisting States (as provided in title agency under this section shall be subject to re- terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’
III of the Social Security Act (42 U.S.C. 501 et view in the same manner and to the same extent have the meanings given those terms in section
seq.)) in meeting the costs of administration of as determinations under the State unemploy- 205 of the Federal-State Extended Unemploy-
agreements under this section. ment compensation law, and only in that man- ment Compensation Act of 1970 (26 U.S.C. 3304
(B) TRANSFER OF FUNDS.—Notwithstanding ner and to that extent. note).
any other provision of law, the Secretary of the (f) DEFINITIONS.—In this section, the terms (f) TECHNICAL CORRECTION TO DEFINITION.—
Treasury shall transfer from the general fund of ‘‘compensation’’, ‘‘regular compensation’’, ‘‘ex- Section 3306(v)(6) of the Internal Revenue Code
the Treasury (from funds not otherwise appro- tended compensation’’, ‘‘benefit year’’, ‘‘base of 1986 (26 U.S.C. 3306) is amended by striking
priated) to the employment security administra- period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, ‘‘Workforce Investment Act of 1998’’ and insert-
tion account such sums as the Secretary of and ‘‘week’’ have the respective meanings given ing ‘‘Workforce Innovation and Opportunity
Labor estimates to be necessary to make pay- such terms under section 205 of the Federal- Act’’.
ments described in subparagraph (A). There are State Extended Unemployment Compensation SEC. 2109. TEMPORARY FINANCING OF SHORT-
appropriated from the general fund of the Act of 1970 (26 U.S.C. 3304 note). TIME COMPENSATION AGREEMENTS.
Treasury, without fiscal year limitation, the (g) APPLICABILITY.—An agreement entered
sums referred to in the preceding sentence and (a) FEDERAL-STATE AGREEMENTS.—
into under this section shall apply to weeks of
such sums shall not be required to be repaid. unemployment— (1) IN GENERAL.—Any State which desires to
(3) CERTIFICATION.—The Secretary shall from (1) beginning after the date on which such do so may enter into, and participate in, an
time to time certify to the Secretary of the agreement is entered into; and agreement under this section with the Secretary
Treasury for payment to each State the sums (2) ending on or before December 31, 2020. provided that such State’s law does not provide
payable to such State under this subsection. The SEC. 2108. TEMPORARY FINANCING OF SHORT- for the payment of short-time compensation
Secretary of the Treasury, prior to audit or set- TIME COMPENSATION PAYMENTS IN under a short-time compensation program (as
tlement by the Government Accountability Of- STATES WITH PROGRAMS IN LAW. defined in section 3306(v) of the Internal Rev-
fice, shall make payments to the State in ac- (a) PAYMENTS TO STATES.— enue Code of 1986).
cordance with such certification, by transfers (1) IN GENERAL.—Subject to paragraph (3), (2) ABILITY TO TERMINATE.—Any State which
from the extended unemployment compensation there shall be paid to a State an amount equal is a party to an agreement under this section
account (as so established) to the account of to 100 percent of the amount of short-time com- may, upon providing 30 days’ written notice to
such State in the Unemployment Trust Fund (as pensation paid under a short-time compensation the Secretary, terminate such agreement.
so established). program (as defined in section 3306(v) of the In- (b) PROVISIONS OF FEDERAL-STATE AGREE-
(e) FRAUD AND OVERPAYMENTS.— ternal Revenue Code of 1986) under the provi- MENT.—
(1) IN GENERAL.—If an individual knowingly sions of the State law. (1) IN GENERAL.—Any agreement under this
has made, or caused to be made by another, a (2) TERMS OF PAYMENTS.—Payments made to a section shall provide that the State agency of
false statement or representation of a material State under paragraph (1) shall be payable by the State will make payments of short-time com-
fact, or knowingly has failed, or caused another way of reimbursement in such amounts as the pensation under a plan approved by the State.
to fail, to disclose a material fact, and as a re- Secretary estimates the State will be entitled to Such plan shall provide that payments are made
sult of such false statement or representation or receive under this section for each calendar in accordance with the requirements under sec-
of such nondisclosure such individual has re- month, reduced or increased, as the case may tion 3306(v) of the Internal Revenue Code of
ceived an amount of pandemic emergency unem- be, by any amount by which the Secretary finds 1986.
ployment compensation under this section to that the Secretary’s estimates for any prior cal-
which such individual was not entitled, such in- (2) LIMITATIONS ON PLANS.—
endar month were greater or less than the
dividual— (A) GENERAL PAYMENT LIMITATIONS.—A short-
amounts which should have been paid to the
(A) shall be ineligible for further pandemic time compensation plan approved by a State
State. Such estimates may be made on the basis
emergency unemployment compensation under shall not permit the payment of short-time com-
of such statistical, sampling, or other method as
this section in accordance with the provisions of pensation to an individual by the State during
may be agreed upon by the Secretary and the
the applicable State unemployment compensa- a benefit year in excess of 26 times the amount
State agency of the State involved.
tion law relating to fraud in connection with a (3) LIMITATIONS ON PAYMENTS.— of regular compensation (including dependents’
claim for unemployment compensation; and (A) GENERAL PAYMENT LIMITATIONS.—No pay- allowances) under the State law payable to such
(B) shall be subject to prosecution under sec- ments shall be made to a State under this sec- individual for a week of total unemployment.
tion 1001 of title 18, United States Code. tion for short-time compensation paid to an in- (B) EMPLOYER LIMITATIONS.—A short-time
(2) REPAYMENT.—In the case of individuals dividual by the State during a benefit year in compensation plan approved by a State shall
who have received amounts of pandemic emer- excess of 26 times the amount of regular com- not provide payments to an individual if such
gency unemployment compensation under this pensation (including dependents’ allowances) individual is employed by the participating em-
section to which they were not entitled, the under the State law payable to such individual ployer on a seasonal, temporary, or intermittent
State shall require such individuals to repay the for a week of total unemployment. basis.
amounts of such pandemic emergency unem- (B) EMPLOYER LIMITATIONS.—No payments (3) EMPLOYER PAYMENT OF COSTS.—Any short-
ployment compensation to the State agency, ex- shall be made to a State under this section for time compensation plan entered into by an em-
cept that the State agency may waive such re- benefits paid to an individual by the State ployer must provide that the employer will pay
payment if it determines that— under a short-time compensation program if the State an amount equal to one-half of the
(A) the payment of such pandemic emergency such individual is employed by the participating amount of short-time compensation paid under
unemployment compensation was without fault employer on a seasonal, temporary, or intermit- such plan. Such amount shall be deposited in
on the part of any such individual; and tent basis. the State’s unemployment fund and shall not be
(B) such repayment would be contrary to eq- (b) APPLICABILITY.—Payments to a State used for purposes of calculating an employer’s
uity and good conscience. under subsection (a) shall be available for weeks contribution rate under section 3303(a)(1) of the
(3) RECOVERY BY STATE AGENCY.—
(A) IN GENERAL.—The State agency shall re- of unemployment— Internal Revenue Code of 1986.
(1) beginning on or after the date of the enact- (c) PAYMENTS TO STATES.—
cover the amount to be repaid, or any part
ment of this Act; and (1) IN GENERAL.—There shall be paid to each
thereof, by deductions from any pandemic emer- (2) ending on or before December 31, 2020.
gency unemployment compensation payable to State with an agreement under this section an
(c) NEW PROGRAMS.—Subject to subsection amount equal to—
such individual under this section or from any (b)(2), if at any point after the date of the en-
unemployment compensation payable to such (A) one-half of the amount of short-time com-
actment of this Act the State enacts a State law
individual under any State or Federal unem- pensation paid to individuals by the State pur-
providing for the payment of short-time com-
ployment compensation law administered by the suant to such agreement; and
pensation under a short-time compensation pro-
State agency or under any other State or Fed- (B) any additional administrative expenses in-
gram that meets the definition of such a pro-
eral law administered by the State agency which curred by the State by reason of such agreement
gram under section 3306(v) of the Internal Rev-
provides for the payment of any assistance or (as determined by the Secretary).
enue Code of 1986, the State shall be eligible for
allowance with respect to any week of unem- (2) TERMS OF PAYMENTS.—Payments made to a
payments under this section after the effective
ployment, during the 3-year period after the State under paragraph (1) shall be payable by
date of such enactment.
date such individuals received the payment of (d) FUNDING AND CERTIFICATIONS.— way of reimbursement in such amounts as the
the pandemic emergency unemployment com- (1) FUNDING.—There are appropriated, out of Secretary estimates the State will be entitled to
pensation to which they were not entitled, in moneys in the Treasury not otherwise appro- receive under this section for each calendar
accordance with the same procedures as apply priated, such sums as may be necessary for pur- month, reduced or increased, as the case may
to the recovery of overpayments of regular un- poses of carrying out this section. be, by any amount by which the Secretary finds
dlhill on DSKBBY8HB2PROD with HOUSE
employment benefits paid by the State. (2) CERTIFICATIONS.—The Secretary shall from that the Secretary’s estimates for any prior cal-
(B) OPPORTUNITY FOR HEARING.—No repay- time to time certify to the Secretary of the endar month were greater or less than the
ment shall be required, and no deduction shall Treasury for payment to each State the sums amounts which should have been paid to the
be made, until a determination has been made, payable to such State under this section. State. Such estimates may be made on the basis
notice thereof and an opportunity for a fair (e) DEFINITIONS.—In this section: of such statistical, sampling, or other method as
hearing has been given to the individual, and (1) SECRETARY.—The term ‘‘Secretary’’ means may be agreed upon by the Secretary and the
the determination has become final. the Secretary of Labor. State agency of the State involved.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1745
(3) FUNDING.—There are appropriated, out of (B) two-thirds shall be available for a grant (i) DEFINITIONS.—In this section:
moneys in the Treasury not otherwise appro- under subsection (a)(2). (1) SECRETARY.—The term ‘‘Secretary’’ means
priated, such sums as may be necessary for pur- (c) GRANT APPLICATION AND DISBURSAL.— the Secretary of Labor.
poses of carrying out this section. (1) APPLICATION.—Any State seeking a grant (2) SHORT-TIME COMPENSATION PROGRAM.—
(4) CERTIFICATIONS.—The Secretary shall from under paragraph (1) or (2) of subsection (a) The term ‘‘short-time compensation program’’
time to time certify to the Secretary of the shall submit an application to the Secretary at has the meaning given such term in section
Treasury for payment to each State the sums such time, in such manner, and complete with 3306(v) of the Internal Revenue Code of 1986.
payable to such State under this section. such information as the Secretary may require. (3) STATE; STATE AGENCY; STATE LAW.—The
(d) APPLICABILITY.—An agreement entered In no case may the Secretary award a grant terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’
into under this section shall apply to weeks of under this section with respect to an application have the meanings given those terms in section
unemployment— that is submitted after December 31, 2023. 205 of the Federal-State Extended Unemploy-
(1) beginning on or after the date on which (2) NOTICE.—The Secretary shall, within 30 ment Compensation Act of 1970 (26 U.S.C. 3304
such agreement is entered into; and days after receiving a complete application, no- note).
(2) ending on or before December 31, 2020. tify the State agency of the State of the Sec- SEC. 2111. ASSISTANCE AND GUIDANCE IN IMPLE-
(e) SPECIAL RULE.—If a State has entered into MENTING PROGRAMS.
retary’s findings with respect to the require-
an agreement under this section and subse- ments for a grant under paragraph (1) or (2) (or (a) IN GENERAL.—In order to assist States in
quently enacts a State law providing for the both) of subsection (a). establishing, qualifying, and implementing
payment of short-time compensation under a (3) CERTIFICATION.—If the Secretary finds short-time compensation programs (as defined in
short-time compensation program that meets the that the State law provisions meet the require- section 3306(v) of the Internal Revenue Code of
definition of such a program under section ments for a grant under subsection (a), the Sec- 1986), the Secretary of Labor (in this section re-
3306(v) of the Internal Revenue Code of 1986, retary shall thereupon make a certification to ferred to as the ‘‘Secretary’’) shall—
the State— (1) develop model legislative language, or dis-
that effect to the Secretary of the Treasury, to-
(1) shall not be eligible for payments under seminate existing model legislative language,
gether with a certification as to the amount of
this section for weeks of unemployment begin- which may be used by States in developing and
the grant payment to be transferred to the State
ning after the effective date of such State law; enacting such programs, and periodically review
account in the Unemployment Trust Fund (as
and and revise such model legislative language;
established in section 904(a) of the Social Secu- (2) provide technical assistance and guidance
(2) subject to section 2108(b)(2), shall be eligi- rity Act (42 U.S.C. 1104(a))) pursuant to that in developing, enacting, and implementing such
ble to receive payments under section 2108 after finding. The Secretary of the Treasury shall programs; and
the effective date of such State law. make the appropriate transfer to the State ac- (3) establish reporting requirements for States,
(f) DEFINITIONS.—In this section: count within 7 days after receiving such certifi- including reporting on—
(1) SECRETARY.—The term ‘‘Secretary’’ means cation. (A) the number of estimated averted layoffs;
the Secretary of Labor. (4) REQUIREMENT.—No certification of compli- (B) the number of participating employers and
(2) STATE; STATE AGENCY; STATE LAW.—The ance with the requirements for a grant under workers; and
terms ‘‘State’’, ‘‘State agency’’, and ‘‘State law’’ paragraph (1) or (2) of subsection (a) may be (C) such other items as the Secretary of Labor
have the meanings given those terms in section made with respect to any State whose— determines are appropriate.
205 of the Federal-State Extended Unemploy- (A) State law is not otherwise eligible for cer- (b) MODEL LANGUAGE AND GUIDANCE.—The
ment Compensation Act of 1970 (26 U.S.C. 3304 tification under section 303 of the Social Secu- model language and guidance developed under
note). rity Act (42 U.S.C. 503) or approvable under sec- subsection (a) shall allow sufficient flexibility
SEC. 2110. GRANTS FOR SHORT-TIME COMPENSA- tion 3304 of the Internal Revenue Code of 1986; by States and participating employers while en-
TION PROGRAMS. or suring accountability and program integrity.
(a) GRANTS.— (B) short-time compensation program is sub- (c) CONSULTATION.—In developing the model
(1) FOR IMPLEMENTATION OR IMPROVED ADMIN- ject to discontinuation or is not scheduled to legislative language and guidance under sub-
ISTRATION.—The Secretary shall award grants take effect within 12 months of the certification. section (a), and in order to meet the require-
to States that enact short-time compensation (d) USE OF FUNDS.—The amount of any grant ments of subsection (b), the Secretary shall con-
programs (as defined in subsection (i)(2)) for the awarded under this section shall be used for the sult with employers, labor organizations, State
purpose of implementation or improved adminis- implementation of short-time compensation pro- workforce agencies, and other program experts.
tration of such programs. grams and the overall administration of such Existing model legislative language that has
(2) FOR PROMOTION AND ENROLLMENT.—The programs and the promotion and enrollment ef- been developed through such a consultative
Secretary shall award grants to States that are forts associated with such programs, such as process shall be deemed to meet the consultation
eligible and submit plans for a grant under through— requirement of this subsection.
paragraph (1) for such States to promote and (1) the creation or support of rapid response (d) REPEAL.—Section 4104 of the Emergency
enroll employers in short-time compensation teams to advise employers about alternatives to Unemployment Stabilization and Access Act of
programs (as so defined). layoffs; 2020 (contained in division D of the Families
(3) ELIGIBILITY.— (2) the provision of education or assistance to First Coronavirus Response Act) is repealed.
(A) IN GENERAL.—The Secretary shall deter- employers to enable them to assess the feasibility SEC. 2112. WAIVER OF THE 7-DAY WAITING PE-
mine eligibility criteria for the grants under RIOD FOR BENEFITS UNDER THE
of participating in short-time compensation pro- RAILROAD UNEMPLOYMENT INSUR-
paragraphs (1) and (2). grams; and ANCE ACT.
(B) CLARIFICATION.—A State administering a (3) the development or enhancement of sys- (a) NO WAITING WEEK.—With respect to any
short-time compensation program that does not tems to automate— registration period beginning after the date of
meet the definition of a short-time compensation (A) the submission and approval of plans; and enactment of this Act and ending on or before
program under section 3306(v) of the Internal (B) the filing and approval of new and ongo- December 31, 2020, subparagraphs (A)(ii) and
Revenue Code of 1986, and a State with an ing short-time compensation claims. (B)(ii) of section 2(a)(1) of the Railroad Unem-
agreement under section 2109, shall not be eligi- (e) ADMINISTRATION.—The Secretary is au- ployment Insurance Act (45 U.S.C. 352(a)(1))
ble to receive a grant under this section until thorized to use 0.25 percent of the funds avail- shall not apply.
such time as the State law of the State provides able under subsection (g) to provide for outreach (b) OPERATING INSTRUCTIONS AND REGULA-
for payments under a short-time compensation and to share best practices with respect to this TIONS.—The Railroad Retirement Board may
program that meets such definition and such section and short-time compensation programs. prescribe any operating instructions or regula-
law. (f) RECOUPMENT.—The Secretary shall estab- tions necessary to carry out this section.
(b) AMOUNT OF GRANTS.— lish a process under which the Secretary shall (c) FUNDING.—Out of any funds in the Treas-
(1) IN GENERAL.—The maximum amount avail- recoup the amount of any grant awarded under ury not otherwise appropriated, there are ap-
able for making grants to a State under para- paragraph (1) or (2) of subsection (a) if the Sec- propriated $50,000,000 to cover the costs of addi-
graphs (1) and (2) shall be equal to the amount retary determines that, during the 5-year period tional benefits payable due to the application of
obtained by multiplying $100,000,000 (less the beginning on the first date that any such grant subsection (a). Upon the exhaustion of the
amount used by the Secretary under subsection is awarded to the State, the State— funds appropriated under this subsection, sub-
(e)) by the same ratio as would apply under sub- (1) terminated the State’s short-time com- section (a) shall no longer apply with respect to
section (a)(2)(B) of section 903 of the Social Se- pensation program; or any registration period beginning after the date
curity Act (42 U.S.C. 1103) for purposes of deter- (2) failed to meet appropriate requirements of exhaustion of funds.
mining such State’s share of any excess amount with respect to such program (as established by (d) DEFINITION OF REGISTRATION PERIOD.—
(as described in subsection (a)(1) of such sec- the Secretary). For purposes of this section, the term ‘‘registra-
tion) that would have been subject to transfer to (g) FUNDING.—There are appropriated, out of tion period’’ has the meaning given such term
State accounts, as of October 1, 2019, under the moneys in the Treasury not otherwise appro- under section 1 of the Railroad Unemployment
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provisions of subsection (a) of such section. priated, to the Secretary, $100,000,000 to carry Insurance Act (45 U.S.C. 351).
(2) AMOUNT AVAILABLE FOR DIFFERENT out this section, to remain available without fis- SEC. 2113. ENHANCED BENEFITS UNDER THE
GRANTS.—Of the maximum incentive payment cal year limitation. RAILROAD UNEMPLOYMENT INSUR-
determined under paragraph (1) with respect to (h) REPORTING.—The Secretary may establish ANCE ACT.
a State— reporting requirements for States receiving a Section 2(a) of the Railroad Unemployment
(A) one-third shall be available for a grant grant under this section in order to provide Insurance Act (45 U.S.C. § 352(a)) is amended by
under subsection (a)(1); and oversight of grant funds. adding at the end the following:
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H1746 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(5)(A) Notwithstanding paragraph (3), sub- ‘‘(1) $1,200 ($2,400 in the case of eligible indi- cilitating the accurate and efficient delivery of
section (c)(1)(B), and any other limitation on viduals filing a joint return), plus such payment. Except in cases of fraud or reck-
total benefits in this Act, for registration periods ‘‘(2) an amount equal to the product of $500 less neglect, no liability under sections 3325,
beginning on or after April 1, 2020, but on or be- multiplied by the number of qualifying children 3527, 3528, or 3529 of title 31, United States Code,
fore July 31, 2020, a recovery benefit in the (within the meaning of section 24(c)) of the tax- shall be imposed with respect to payments made
amount of $1,200 shall be payable to a qualified payer. under this subparagraph.
employee with respect to any registration period ‘‘(b) TREATMENT OF CREDIT.—The credit al- ‘‘(4) NO INTEREST.—No interest shall be al-
in which the employee received unemployment lowed by subsection (a) shall be treated as al- lowed on any overpayment attributable to this
benefits under paragraph (1)(A), and in any lowed by subpart C of part IV of subchapter A section.
registration period in which the employee did of chapter 1. ‘‘(5) ALTERNATE TAXABLE YEAR.—In the case
not receive unemployment benefits due to the ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS of an individual who, at the time of any deter-
limitation in subsection (c)(1)(B) or due to INCOME.—The amount of the credit allowed by mination made pursuant to paragraph (3), has
reaching the maximum number of days of bene- subsection (a) (determined without regard to not filed a tax return for the year described in
fits in the benefit year beginning July 1, 2019, this subsection and subsection (e)) shall be re- paragraph (1), the Secretary may—
under subsection (c)(1)(A). No recovery benefits duced (but not below zero) by 5 percent of so ‘‘(A) apply such paragraph by substituting
shall be payable under this section upon the ex- much of the taxpayer’s adjusted gross income as ‘2018’ for ‘2019’, and
haustion of the funds appropriated under sub- exceeds— ‘‘(B) if the individual has not filed a tax re-
paragraph (B) for payment of benefits under ‘‘(1) $150,000 in the case of a joint return, turn for such individual’s first taxable year be-
this subparagraph. ‘‘(2) $112,500 in the case of a head of house- ginning in 2018, use information with respect to
‘‘(B) Out of any funds in the Treasury not hold, and such individual for calendar year 2019 provided
otherwise appropriated, there are appropriated ‘‘(3) $75,000 in the case of a taxpayer not de- in—
$425,000,000 to cover the cost of recovery benefits scribed in paragraph (1) or (2). ‘‘(i) Form SSA–1099, Social Security Benefit
provided under subparagraph (A), to remain ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of Statement, or
available until expended.’’. this section, the term ‘eligible individual’ means ‘‘(ii) Form RRB–1099, Social Security Equiva-
SEC. 2114. EXTENDED UNEMPLOYMENT BENEFITS any individual other than— lent Benefit Statement.
UNDER THE RAILROAD UNEMPLOY- ‘‘(1) any nonresident alien individual, ‘‘(6) NOTICE TO TAXPAYER.—Not later than 15
MENT INSURANCE ACT. ‘‘(2) any individual with respect to whom a days after the date on which the Secretary dis-
(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the deduction under section 151 is allowable to an- tributed any payment to an eligible taxpayer
Railroad Unemployment Insurance Act (45 other taxpayer for a taxable year beginning in pursuant to this subsection, notice shall be sent
U.S.C. 352(c)(2)(D)(iii) is amended— the calendar year in which the individual’s tax- by mail to such taxpayer’s last known address.
(1) by striking ‘‘July 1, 2008’’ and inserting able year begins, and Such notice shall indicate the method by which
‘‘July 1, 2019’’; ‘‘(3) an estate or trust. such payment was made, the amount of such
(2) by striking ‘‘June 30, 2013’’ and inserting ‘‘(e) COORDINATION WITH ADVANCE REFUNDS payment, and a phone number for the appro-
‘‘June 30, 2020’’; and OF CREDIT.— priate point of contact at the Internal Revenue
(3) by striking ‘‘December 31, 2013’’ and insert- ‘‘(1) IN GENERAL.—The amount of credit which Service to report any failure to receive such
ing ‘‘December 31, 2020’’. would (but for this paragraph) be allowable payment.
(b) CLARIFICATION ON AUTHORITY TO USE under this section shall be reduced (but not ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
FUNDS.—Funds appropriated under either the below zero) by the aggregate refunds and credits ‘‘(1) IN GENERAL.—No credit shall be allowed
first or second sentence of clause (iv) of section made or allowed to the taxpayer under sub- under subsection (a) to an eligible individual
2(c)(2)(D) of the Railroad Unemployment Insur- section (f). Any failure to so reduce the credit who does not include on the return of tax for
ance Act shall be available to cover the cost of shall be treated as arising out of a mathematical the taxable year—
additional extended unemployment benefits pro- or clerical error and assessed according to sec- ‘‘(A) such individual’s valid identification
vided under such section 2(c)(2)(D) by reason of tion 6213(b)(1). number,
the amendments made by subsection (a) as well ‘‘(2) JOINT RETURNS.—In the case of a refund ‘‘(B) in the case of a joint return, the valid
as to cover the cost of such benefits provided or credit made or allowed under subsection (f) identification number of such individual’s
under such section 2(c)(2)(D) as in effect on the with respect to a joint return, half of such re- spouse, and
day before the date of enactment of this Act. fund or credit shall be treated as having been ‘‘(C) in the case of any qualifying child taken
SEC. 2115. FUNDING FOR THE DOL OFFICE OF IN- made or allowed to each individual filing such into account under subsection (a)(2), the valid
SPECTOR GENERAL FOR OVERSIGHT return. identification number of such qualifying child.
OF UNEMPLOYMENT PROVISIONS. ‘‘(f) ADVANCE REFUNDS AND CREDITS.— ‘‘(2) VALID IDENTIFICATION NUMBER.—
There are appropriated, out of moneys in the ‘‘(1) IN GENERAL.—Subject to paragraph (5), ‘‘(A) IN GENERAL.—For purposes of paragraph
Treasury not otherwise appropriated, to the Of- each individual who was an eligible individual (1), the term ‘valid identification number’ means
fice of the Inspector General of the Department for such individual’s first taxable year begin- a social security number (as such term is defined
of Labor, $25,000,000 to carry out audits, inves- ning in 2019 shall be treated as having made a in section 24(h)(7)).
tigations, and other oversight activities author- payment against the tax imposed by chapter 1 ‘‘(B) ADOPTION TAXPAYER IDENTIFICATION
ized under the Inspector General Act of 1978 (5 for such taxable year in an amount equal to the NUMBER.—For purposes of paragraph (1)(C), in
U.S.C. App.) that are related to the provisions advance refund amount for such taxable year. the case of a qualifying child who is adopted or
of, and amendments made by, this subtitle, to ‘‘(2) ADVANCE REFUND AMOUNT.—For purposes placed for adoption, the term ‘valid identifica-
remain available without fiscal year limitation. of paragraph (1), the advance refund amount is tion number’ shall include the adoption tax-
SEC. 2116. IMPLEMENTATION. the amount that would have been allowed as a payer identification number of such child.
(a) NON-APPLICATION OF THE PAPERWORK RE- credit under this section for such taxable year if ‘‘(3) SPECIAL RULE FOR MEMBERS OF THE
this section (other than subsection (e) and this ARMED FORCES.—Paragraph (1)(B) shall not
DUCTION ACT.—Chapter 35 of title 44, United
subsection) had applied to such taxable year. apply in the case where at least 1 spouse was a
States Code (commonly referred to as the ‘‘Pa-
‘‘(3) TIMING AND MANNER OF PAYMENTS.— member of the Armed Forces of the United
perwork Reduction Act of 1995’’), shall not
‘‘(A) TIMING.—The Secretary shall, subject to States at any time during the taxable year and
apply to the provisions of, and the amendments
the provisions of this title, refund or credit any at least 1 spouse satisfies paragraph (1)(A).
made by, this subtitle.
overpayment attributable to this section as rap- ‘‘(4) MATHEMATICAL OR CLERICAL ERROR AU-
(b) OPERATING INSTRUCTIONS OR OTHER GUID-
idly as possible. No refund or credit shall be THORITY.—Any omission of a correct valid iden-
ANCE.—Notwithstanding any other provision of
made or allowed under this subsection after De- tification number required under this subsection
law, the Secretary of Labor may issue any oper-
cember 31, 2020. shall be treated as a mathematical or clerical
ating instructions or other guidance necessary
‘‘(B) DELIVERY OF PAYMENTS.—Notwith- error for purposes of applying section 6213(g)(2)
to carry out the provisions of, or the amend-
standing any other provision of law, the Sec- to such omission.
ments made by, this subtitle.
retary may certify and disburse refunds payable ‘‘(h) REGULATIONS.—The Secretary shall pre-
Subtitle B—Rebates and Other Individual under this subsection electronically to any ac- scribe such regulations or other guidance as
Provisions count to which the payee authorized, on or may be necessary to carry out the purposes of
SEC. 2201. 2020 RECOVERY REBATES FOR INDIVID- after January 1, 2018, the delivery of a refund of this section, including any such measures as are
UALS. taxes under this title or of a Federal payment deemed appropriate to avoid allowing multiple
(a) IN GENERAL.—Subchapter B of chapter 65 (as defined in section 3332 of title 31, United credits or rebates to a taxpayer.’’.
of subtitle F of the Internal Revenue Code of States Code). (b) ADMINISTRATIVE AMENDMENTS.—
1986 is amended by inserting after section 6427 ‘‘(C) WAIVER OF CERTAIN RULES.—Notwith- (1) DEFINITION OF DEFICIENCY.—Section
the following new section: standing section 3325 of title 31, United States 6211(b)(4)(A) of the Internal Revenue Code of
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‘‘SEC. 6428. 2020 RECOVERY REBATES FOR INDI- Code, or any other provision of law, with re- 1986 is amended by striking ‘‘and 36B, 168(k)(4)’’
VIDUALS. spect to any payment of a refund under this and inserting ‘‘36B, and 6428’’.
‘‘(a) IN GENERAL.—In the case of an eligible subsection, a disbursing official in the executive (2) MATHEMATICAL OR CLERICAL ERROR AU-
individual, there shall be allowed as a credit branch of the United States Government may THORITY.—Section 6213(g)(2)(L) of such Code is
against the tax imposed by subtitle A for the modify payment information received from an amended by striking ‘‘or 32’’ and inserting ‘‘32,
first taxable year beginning in 2020 an amount officer or employee described in section or 6428’’.
equal to the sum of— 3325(a)(1)(B) of such title for the purpose of fa- (c) TREATMENT OF POSSESSIONS.—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1747
(1) PAYMENTS TO POSSESSIONS.— priated, out of any money in the Treasury not (A) IN GENERAL.—Any individual who receives
(A) MIRROR CODE POSSESSION.—The Secretary otherwise appropriated, for the fiscal year end- a coronavirus-related distribution may, at any
of the Treasury shall pay to each possession of ing September 30, 2020: time during the 3-year period beginning on the
the United States which has a mirror code tax (A) DEPARTMENT OF THE TREASURY.— day after the date on which such distribution
system amounts equal to the loss (if any) to that (i) For an additional amount for ‘‘Department was received, make 1 or more contributions in
possession by reason of the amendments made of the Treasury—Bureau of the Fiscal Service— an aggregate amount not to exceed the amount
by this section. Such amounts shall be deter- Salaries and Expenses’’, $78,650,000, to remain of such distribution to an eligible retirement
mined by the Secretary of the Treasury based on available until September 30, 2021. plan of which such individual is a beneficiary
information provided by the government of the (ii) For an additional amount for ‘‘Depart- and to which a rollover contribution of such dis-
respective possession. ment of the Treasury—Internal Revenue Serv- tribution could be made under section 402(c),
(B) OTHER POSSESSIONS.—The Secretary of the ice—Taxpayer Services’’, $293,500,000, to remain 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the
Treasury shall pay to each possession of the available until September 30, 2021. Internal Revenue Code of 1986, as the case may
United States which does not have a mirror code (iii) For an additional amount for ‘‘Depart- be.
tax system amounts estimated by the Secretary ment of the Treasury—Internal Revenue Serv- (B) TREATMENT OF REPAYMENTS OF DISTRIBU-
of the Treasury as being equal to the aggregate ice—Operations Support’’, $170,000,000, to re- TIONS FROM ELIGIBLE RETIREMENT PLANS OTHER
benefits (if any) that would have been provided main available until September 30, 2021. THAN IRAS.—For purposes of the Internal Rev-
to residents of such possession by reason of the (iv) For an additional amount for ‘‘Depart- enue Code of 1986, if a contribution is made pur-
amendments made by this section if a mirror ment of Treasury—Internal Revenue Service— suant to subparagraph (A) with respect to a
code tax system had been in effect in such pos- Enforcement’’, $37,200,000, to remain available coronavirus-related distribution from an eligible
session. The preceding sentence shall not apply until September 30, 2021. retirement plan other than an individual retire-
unless the respective possession has a plan, Amounts made available in appropriations ment plan, then the taxpayer shall, to the ex-
which has been approved by the Secretary of under clauses (ii), (iii), and (iv) of this subpara- tent of the amount of the contribution, be treat-
the Treasury, under which such possession will graph may be transferred between such appro- ed as having received the coronavirus-related
promptly distribute such payments to its resi- priations upon the advance notification of the distribution in an eligible rollover distribution
dents. Committees on Appropriations of the House of (as defined in section 402(c)(4) of such Code)
(2) COORDINATION WITH CREDIT ALLOWED Representatives and the Senate. Such transfer and as having transferred the amount to the eli-
AGAINST UNITED STATES INCOME TAXES.—No authority is in addition to any other transfer gible retirement plan in a direct trustee to trust-
credit shall be allowed against United States in- authority provided by law. ee transfer within 60 days of the distribution.
come taxes under section 6428 of the Internal (B) SOCIAL SECURITY ADMINISTRATION.—For (C) TREATMENT OF REPAYMENTS OF DISTRIBU-
Revenue Code of 1986 (as added by this section) an additional amount for ‘‘Social Security Ad- TIONS FROM IRAS.—For purposes of the Internal
to any person— ministration—Limitation on Administrative Ex- Revenue Code of 1986, if a contribution is made
(A) to whom a credit is allowed against taxes penses’’, $38,000,000, to remain available until pursuant to subparagraph (A) with respect to a
imposed by the possession by reason of the September 30, 2021. coronavirus-related distribution from an indi-
amendments made by this section, or (2) REPORTS.—No later than 15 days after en- vidual retirement plan (as defined by section
(B) who is eligible for a payment under a plan actment of this Act, the Secretary of the Treas- 7701(a)(37) of such Code), then, to the extent of
described in paragraph (1)(B). ury shall submit a plan to the Committees on the amount of the contribution, the coronavirus-
(3) DEFINITIONS AND SPECIAL RULES.— Appropriations of the House of Representatives related distribution shall be treated as a dis-
(A) POSSESSION OF THE UNITED STATES.—For and the Senate detailing the expected use of the tribution described in section 408(d)(3) of such
purposes of this subsection, the term ‘‘possession funds provided by paragraph (1)(A). Beginning Code and as having been transferred to the eli-
of the United States’’ includes the Common- 90 days after enactment of this Act, the Sec- gible retirement plan in a direct trustee to trust-
wealth of Puerto Rico and the Commonwealth retary of the Treasury shall submit a quarterly ee transfer within 60 days of the distribution.
of the Northern Mariana Islands. report to the Committees on Appropriations of (4) DEFINITIONS.—For purposes of this sub-
(B) MIRROR CODE TAX SYSTEM.—For purposes the House of Representatives and the Senate de- section—
of this subsection, the term ‘‘mirror code tax sys- tailing the actual expenditure of funds provided (A) CORONAVIRUS-RELATED DISTRIBUTION.—
tem’’ means, with respect to any possession of by paragraph (1)(A) and the expected expendi- Except as provided in paragraph (2), the term
the United States, the income tax system of such ture of such funds in the subsequent quarter. ‘‘coronavirus-related distribution’’ means any
possession if the income tax liability of the resi- (g) CONFORMING AMENDMENTS.— distribution from an eligible retirement plan
dents of such possession under such system is (1) Paragraph (2) of section 1324(b) of title 31, made—
determined by reference to the income tax laws United States Code, is amended by inserting (i) on or after January 1, 2020, and before De-
of the United States as if such possession were ‘‘6428,’’ after ‘‘54B(h),’’. cember 31, 2020,
the United States. (2) The table of sections for subchapter B of (ii) to an individual—
(C) TREATMENT OF PAYMENTS.—For purposes chapter 65 of subtitle F of the Internal Revenue (I) who is diagnosed with the virus SARS–
of section 1324 of title 31, United States Code, Code of 1986 is amended by inserting after the CoV–2 or with coronavirus disease 2019
the payments under this subsection shall be item relating to section 6427 the following: (COVID–19) by a test approved by the Centers
treated in the same manner as a refund due for Disease Control and Prevention,
from a credit provision referred to in subsection ‘‘Sec. 6428. 2020 Recovery Rebates for individ- (II) whose spouse or dependent (as defined in
(b)(2) of such section. uals.’’. section 152 of the Internal Revenue Code of
(d) EXCEPTION FROM REDUCTION OR OFF- SEC. 2202. SPECIAL RULES FOR USE OF RETIRE- 1986) is diagnosed with such virus or disease by
SET.—Any credit or refund allowed or made to
MENT FUNDS.
such a test, or
any individual by reason of section 6428 of the (a) TAX-FAVORED WITHDRAWALS FROM RE- (III) who experiences adverse financial con-
Internal Revenue Code of 1986 (as added by this TIREMENT PLANS.— sequences as a result of being quarantined,
section) or by reason of subsection (c) of this (1) IN GENERAL.—Section 72(t) of the Internal being furloughed or laid off or having work
section shall not be— Revenue Code of 1986 shall not apply to any hours reduced due to such virus or disease,
(1) subject to reduction or offset pursuant to coronavirus-related distribution. being unable to work due to lack of child care
section 3716 or 3720A of title 31, United States (2) AGGREGATE DOLLAR LIMITATION.— due to such virus or disease, closing or reducing
Code, (A) IN GENERAL.—For purposes of this sub- hours of a business owned or operated by the in-
(2) subject to reduction or offset pursuant to section, the aggregate amount of distributions dividual due to such virus or disease, or other
subsection (d), (e), or (f) of section 6402 of the received by an individual which may be treated factors as determined by the Secretary of the
Internal Revenue Code of 1986, or as coronavirus-related distributions for any tax- Treasury (or the Secretary’s delegate).
(3) reduced or offset by other assessed Federal able year shall not exceed $100,000. (B) EMPLOYEE CERTIFICATION.—The adminis-
taxes that would otherwise be subject to levy or (B) TREATMENT OF PLAN DISTRIBUTIONS.—If a trator of an eligible retirement plan may rely on
collection. distribution to an individual would (without re- an employee’s certification that the employee
(e) PUBLIC AWARENESS CAMPAIGN.—The Sec- gard to subparagraph (A)) be a coronavirus-re- satisfies the conditions of subparagraph (A)(ii)
retary of the Treasury (or the Secretary’s dele- lated distribution, a plan shall not be treated as in determining whether any distribution is a
gate) shall conduct a public awareness cam- violating any requirement of the Internal Rev- coronavirus-related distribution.
paign, in coordination with the Commissioner of enue Code of 1986 merely because the plan treats (C) ELIGIBLE RETIREMENT PLAN.—The term
Social Security and the heads of other relevant such distribution as a coronavirus-related dis- ‘‘eligible retirement plan’’ has the meaning
Federal agencies, to provide information regard- tribution, unless the aggregate amount of such given such term by section 402(c)(8)(B) of the In-
ing the availability of the credit and rebate al- distributions from all plans maintained by the ternal Revenue Code of 1986.
lowed under section 6428 of the Internal Rev- employer (and any member of any controlled (5) INCOME INCLUSION SPREAD OVER 3-YEAR PE-
enue Code of 1986 (as added by this section), in- group which includes the employer) to such in- RIOD.—
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cluding information with respect to individuals dividual exceeds $100,000. (A) IN GENERAL.—In the case of any
who may not have filed a tax return for taxable (C) CONTROLLED GROUP.—For purposes of coronavirus-related distribution, unless the tax-
year 2018 or 2019. subparagraph (B), the term ‘‘controlled group’’ payer elects not to have this paragraph apply
(f) APPROPRIATIONS TO CARRY OUT RE- means any group treated as a single employer for any taxable year, any amount required to be
BATES.— under subsection (b), (c), (m), or (o) of section included in gross income for such taxable year
(1) IN GENERAL.—Immediately upon the enact- 414 of the Internal Revenue Code of 1986. shall be so included ratably over the 3-taxable-
ment of this Act, the following sums are appro- (3) AMOUNT DISTRIBUTED MAY BE REPAID.— year period beginning with such taxable year.
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H1748 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(B) SPECIAL RULE.—For purposes of subpara- (or the delegate of either such Secretary) under plan or contract shall not fail to meet the re-
graph (A), rules similar to the rules of subpara- any provision of this section, and quirements of section 411(d)(6) of the Internal
graph (E) of section 408A(d)(3) of the Internal (ii) on or before the last day of the first plan Revenue Code of 1986 and section 204(g) of the
Revenue Code of 1986 shall apply. year beginning on or after January 1, 2022, or Employee Retirement Income Security Act of
(6) SPECIAL RULES.— such later date as the Secretary of the Treasury 1974 by reason of such amendment.
(A) EXEMPTION OF DISTRIBUTIONS FROM (or the Secretary’s delegate) may prescribe. (B) AMENDMENTS TO WHICH PARAGRAPH AP-
TRUSTEE TO TRUSTEE TRANSFER AND WITH- In the case of a governmental plan (as defined PLIES.—
HOLDING RULES.—For purposes of sections in section 414(d) of the Internal Revenue Code (i) IN GENERAL.—This paragraph shall apply
401(a)(31), 402(f), and 3405 of the Internal Rev- of 1986), clause (ii) shall be applied by sub- to any amendment to any plan or annuity con-
enue Code of 1986, coronavirus-related distribu- stituting the date which is 2 years after the date tract which—
tions shall not be treated as eligible rollover dis- otherwise applied under clause (ii). (I) is made pursuant to the amendments made
tributions. (B) CONDITIONS.—This subsection shall not by this section, and
(B) CORONAVIRUS-RELATED DISTRIBUTIONS apply to any amendment unless— (II) is made on or before the last day of the
TREATED AS MEETING PLAN DISTRIBUTION RE- (i) during the period— first plan year beginning on or after January 1,
QUIREMENTS.—For purposes of the Internal Rev- (I) beginning on the date that this section or 2022.
enue Code of 1986, a coronavirus-related dis- the regulation described in subparagraph (A)(i) In the case of a governmental plan, subclause
tribution shall be treated as meeting the require- takes effect (or in the case of a plan or contract (II) shall be applied by substituting ‘‘2024’’ for
ments of sections 401(k)(2)(B)(i), 403(b)(7)(A)(i), amendment not required by this section or such ‘‘2022’’.
403(b)(11), and 457(d)(1)(A) of such Code and regulation, the effective date specified by the (ii) CONDITIONS.—This paragraph shall not
section 8433(h)(1) of title 5, United States Code. plan), and apply to any amendment unless during the pe-
(b) LOANS FROM QUALIFIED PLANS.— (II) ending on the date described in subpara- riod beginning on the effective date of the
(1) INCREASE IN LIMIT ON LOANS NOT TREATED graph (A)(ii) (or, if earlier, the date the plan or amendment and ending on December 31, 2020,
AS DISTRIBUTIONS.—In the case of any loan from contract amendment is adopted), the plan or contract is operated as if such plan
a qualified employer plan (as defined under sec- the plan or contract is operated as if such plan or contract amendment were in effect.
tion 72(p)(4) of the Internal Revenue Code of or contract amendment were in effect, and SEC. 2204. ALLOWANCE OF PARTIAL ABOVE THE
1986) to a qualified individual made during the (ii) such plan or contract amendment applies LINE DEDUCTION FOR CHARITABLE
180-day period beginning on the date of the en- retroactively for such period. CONTRIBUTIONS.
actment of this Act— SEC. 2203. TEMPORARY WAIVER OF REQUIRED
(a) IN GENERAL.—Section 62(a) of the Internal
(A) clause (i) of section 72(p)(2)(A) of such MINIMUM DISTRIBUTION RULES FOR Revenue Code of 1986 is amended by inserting
Code shall be applied by substituting ‘‘$100,000’’ CERTAIN RETIREMENT PLANS AND after paragraph (21) the following new para-
for ‘‘$50,000’’, and ACCOUNTS. graph:
(B) clause (ii) of such section shall be applied (a) IN GENERAL.—Section 401(a)(9) of the In- ‘‘(22) CHARITABLE CONTRIBUTIONS.—In the
by substituting ‘‘the present value of the non- ternal Revenue Code of 1986 is amended by add- case of taxable years beginning in 2020, the
forfeitable accrued benefit of the employee ing at the end the following new subparagraph: amount (not to exceed $300) of qualified chari-
under the plan’’ for ‘‘one-half of the present ‘‘(I) TEMPORARY WAIVER OF MINIMUM RE- table contributions made by an eligible indi-
value of the nonforfeitable accrued benefit of QUIRED DISTRIBUTION.— vidual during the taxable year.’’.
the employee under the plan’’. ‘‘(i) IN GENERAL.—The requirements of this (b) DEFINITIONS.—Section 62 of such Code is
(2) DELAY OF REPAYMENT.—In the case of a paragraph shall not apply for calendar year amended by adding at the end the following
qualified individual with an outstanding loan 2020 to— new subsection:
(on or after the date of the enactment of this ‘‘(I) a defined contribution plan which is de- ‘‘(f) DEFINITIONS RELATING TO QUALIFIED
Act) from a qualified employer plan (as defined scribed in this subsection or in section 403(a) or CHARITABLE CONTRIBUTIONS.—For purposes of
in section 72(p)(4) of the Internal Revenue Code 403(b), subsection (a)(22)—
of 1986)— ‘‘(II) a defined contribution plan which is an ‘‘(1) ELIGIBLE INDIVIDUAL.—The term ‘eligible
(A) if the due date pursuant to subparagraph eligible deferred compensation plan described in individual’ means any individual who does not
(B) or (C) of section 72(p)(2) of such Code for section 457(b) but only if such plan is main- elect to itemize deductions.
tained by an employer described in section ‘‘(2) QUALIFIED CHARITABLE CONTRIBUTIONS.—
any repayment with respect to such loan occurs
457(e)(1)(A), or The term ‘qualified charitable contribution’
during the period beginning on the date of the
‘‘(III) an individual retirement plan. means a charitable contribution (as defined in
enactment of this Act and ending on December
‘‘(ii) SPECIAL RULE FOR REQUIRED BEGINNING section 170(c))—
31, 2020, such due date shall be delayed for 1
DATES IN 2020.—Clause (i) shall apply to any dis- ‘‘(A) which is made in cash,
year, ‘‘(B) for which a deduction is allowable under
(B) any subsequent repayments with respect tribution which is required to be made in cal-
endar year 2020 by reason of— section 170 (determined without regard to sub-
to any such loan shall be appropriately adjusted
‘‘(I) a required beginning date occurring in section (b) thereof), and
to reflect the delay in the due date under sub- ‘‘(C) which is—
paragraph (A) and any interest accruing during such calendar year, and
‘‘(i) made to an organization described in sec-
such delay, and ‘‘(II) such distribution not having been made
tion 170(b)(1)(A), and
(C) in determining the 5-year period and the before January 1, 2020.
‘‘(ii) not—
term of a loan under subparagraph (B) or (C) of ‘‘(iii) SPECIAL RULES REGARDING WAIVER PE- ‘‘(I) to an organization described in section
section 72(p)(2) of such Code, the period de- RIOD.—For purposes of this paragraph—
509(a)(3), or
scribed in subparagraph (A) of this paragraph ‘‘(I) the required beginning date with respect ‘‘(II) for the establishment of a new, or main-
shall be disregarded. to any individual shall be determined without tenance of an existing, donor advised fund (as
(3) QUALIFIED INDIVIDUAL.—For purposes of regard to this subparagraph for purposes of ap- defined in section 4966(d)(2)).
this subsection, the term ‘‘qualified individual’’ plying this paragraph for calendar years after Such term shall not include any amount which
means any individual who is described in sub- 2020, and is treated as a charitable contribution made in
section (a)(4)(A)(ii). ‘‘(II) if clause (ii) of subparagraph (B) ap- such taxable year by reason of subsection
(c) PROVISIONS RELATING TO PLAN AMEND- plies, the 5-year period described in such clause (b)(1)(G)(ii) or (d)(1) of section 170.’’.
MENTS.— shall be determined without regard to calendar (c) EFFECTIVE DATE.—The amendments made
(1) IN GENERAL.—If this subsection applies to year 2020.’’. by this section shall apply to taxable years be-
any amendment to any plan or annuity con- (b) ELIGIBLE ROLLOVER DISTRIBUTIONS.—Sec- ginning after December 31, 2019.
tract— tion 402(c)(4) of the Internal Revenue Code of SEC. 2205. MODIFICATION OF LIMITATIONS ON
(A) such plan or contract shall be treated as 1986 is amended by striking ‘‘2009’’ each place it CHARITABLE CONTRIBUTIONS DUR-
being operated in accordance with the terms of appears in the last sentence and inserting ING 2020.
the plan during the period described in para- ‘‘2020’’. (a) TEMPORARY SUSPENSION OF LIMITATIONS
graph (2)(B)(i), and (c) EFFECTIVE DATES.— ON CERTAIN CASH CONTRIBUTIONS.—
(B) except as provided by the Secretary of the (1) IN GENERAL.—The amendments made by (1) IN GENERAL.—Except as otherwise provided
Treasury (or the Secretary’s delegate), such this section shall apply for calendar years be- in paragraph (2), qualified contributions shall
plan or contract shall not fail to meet the re- ginning after December 31, 2019. be disregarded in applying subsections (b) and
quirements of section 411(d)(6) of the Internal (2) PROVISIONS RELATING TO PLAN OR CON- (d) of section 170 of the Internal Revenue Code
Revenue Code of 1986 and section 204(g) of the TRACT AMENDMENTS.— of 1986.
Employee Retirement Income Security Act of (A) IN GENERAL.—If this paragraph applies to (2) TREATMENT OF EXCESS CONTRIBUTIONS.—
1974 by reason of such amendment. any plan or contract amendment— For purposes of section 170 of the Internal Rev-
(2) AMENDMENTS TO WHICH SUBSECTION AP- (i) such plan or contract shall not fail to be enue Code of 1986—
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PLIES.— treated as being operated in accordance with (A) INDIVIDUALS.—In the case of an indi-
(A) IN GENERAL.—This subsection shall apply the terms of the plan during the period de- vidual—
to any amendment to any plan or annuity con- scribed in subparagraph (B)(ii) solely because (i) LIMITATION.—Any qualified contribution
tract which is made— the plan operates in accordance with this sec- shall be allowed as a deduction only to the ex-
(i) pursuant to any provision of this section, tion, and tent that the aggregate of such contributions
or pursuant to any regulation issued by the Sec- (ii) except as provided by the Secretary of the does not exceed the excess of the taxpayer’s con-
retary of the Treasury or the Secretary of Labor Treasury (or the Secretary’s delegate), such tribution base (as defined in subparagraph (H)
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1749
of section 170(b)(1) of such Code) over the Subtitle C—Business Provisions exempt from tax under section 501(a) of such
amount of all other charitable contributions al- SEC. 2301. EMPLOYEE RETENTION CREDIT FOR Code, clauses (i) and (ii)(I) of subparagraph (A)
lowed under section 170(b)(1) of such Code. EMPLOYERS SUBJECT TO CLOSURE shall apply to all operations of such organiza-
(ii) CARRYOVER.—If the aggregate amount of DUE TO COVID–19. tion.
qualified contributions made in the contribution (a) IN GENERAL.—In the case of an eligible (3) QUALIFIED WAGES.—
year (within the meaning of section 170(d)(1) of employer, there shall be allowed as a credit (A) IN GENERAL.—The term ‘‘qualified wages’’
such Code) exceeds the limitation of clause (i), against applicable employment taxes for each means—
such excess shall be added to the excess de- calendar quarter an amount equal to 50 percent (i) in the case of an eligible employer for
scribed in section 170(b)(1)(G)(ii). of the qualified wages with respect to each em- which the average number of full-time employ-
(B) CORPORATIONS.—In the case of a corpora- ployee of such employer for such calendar quar- ees (within the meaning of section 4980H of the
tion— ter. Internal Revenue Code of 1986) employed by
(i) LIMITATION.—Any qualified contribution (b) LIMITATIONS AND REFUNDABILITY.— such eligible employer during 2019 was greater
shall be allowed as a deduction only to the ex- (1) WAGES TAKEN INTO ACCOUNT.—The amount than 100, wages paid by such eligible employer
tent that the aggregate of such contributions of qualified wages with respect to any employee with respect to which an employee is not pro-
does not exceed the excess of 25 percent of the which may be taken into account under sub- viding services due to circumstances described in
taxpayer’s taxable income (as determined under section (a) by the eligible employer for all cal- subclause (I) or (II) of paragraph (2)(A)(ii), or
paragraph (2) of section 170(b) of such Code) endar quarters shall not exceed $10,000. (ii) in the case of an eligible employer for
over the amount of all other charitable contribu- (2) CREDIT LIMITED TO EMPLOYMENT TAXES.— which the average number of full-time employ-
tions allowed under such paragraph. The credit allowed by subsection (a) with re- ees (within the meaning of section 4980H of the
(ii) CARRYOVER.—If the aggregate amount of spect to any calendar quarter shall not exceed Internal Revenue Code of 1986) employed by
qualified contributions made in the contribution the applicable employment taxes (reduced by such eligible employer during 2019 was not
year (within the meaning of section 170(d)(2) of any credits allowed under subsections (e) and greater than 100—
such Code) exceeds the limitation of clause (i), (f) of section 3111 of the Internal Revenue Code (I) with respect to an eligible employer de-
such excess shall be appropriately taken into ac- of 1986 and sections 7001 and 7003 of the Fami- scribed in subclause (I) of paragraph (2)(A)(ii),
count under section 170(d)(2) subject to the limi- lies First Coronavirus Response Act) on the wages paid by such eligible employer with re-
tations thereof. wages paid with respect to the employment of spect to an employee during any period de-
(3) QUALIFIED CONTRIBUTIONS.— all the employees of the eligible employer for scribed in such clause, or
(A) IN GENERAL.—For purposes of this sub- (II) with respect to an eligible employer de-
such calendar quarter.
section, the term ‘‘qualified contribution’’ means scribed in subclause (II) of such paragraph,
(3) REFUNDABILITY OF EXCESS CREDIT.—
any charitable contribution (as defined in sec- (A) IN GENERAL.—If the amount of the credit wages paid by such eligible employer with re-
tion 170(c) of the Internal Revenue Code of 1986) under subsection (a) exceeds the limitation of spect to an employee during such quarter.
if— Such term shall not include any wages taken
paragraph (2) for any calendar quarter, such
(i) such contribution is paid in cash during into account under section 7001 or section 7003
excess shall be treated as an overpayment that
calendar year 2020 to an organization described of the Families First Coronavirus Response Act.
shall be refunded under sections 6402(a) and (B) LIMITATION.—Qualified wages paid or in-
in section 170(b)(1)(A) of such Code, and 6413(b) of the Internal Revenue Code of 1986.
(ii) the taxpayer has elected the application of curred by an eligible employer described in sub-
(B) TREATMENT OF PAYMENTS.—For purposes paragraph (A)(i) with respect to an employee for
this section with respect to such contribution. of section 1324 of title 31, United States Code,
(B) EXCEPTION.—Such term shall not include any period described in such subparagraph may
any amounts due to the employer under this not exceed the amount such employee would
a contribution by a donor if the contribution paragraph shall be treated in the same manner
is— have been paid for working an equivalent dura-
as a refund due from a credit provision referred tion during the 30 days immediately preceding
(i) to an organization described in section to in subsection (b)(2) of such section.
509(a)(3) of the Internal Revenue Code of 1986, such period.
(c) DEFINITIONS.—For purposes of this sec- (C) ALLOWANCE FOR CERTAIN HEALTH PLAN EX-
or tion—
(ii) for the establishment of a new, or mainte- PENSES.—
(1) APPLICABLE EMPLOYMENT TAXES.—The (i) IN GENERAL.—The term ‘‘qualified wages’’
nance of an existing, donor advised fund (as de- term ‘‘applicable employment taxes’’ means the shall include so much of the eligible employer’s
fined in section 4966(d)(2) of such Code). following:
(C) APPLICATION OF ELECTION TO PARTNER- qualified health plan expenses as are properly
(A) The taxes imposed under section 3111(a) of allocable to such wages.
SHIPS AND S CORPORATIONS.—In the case of a the Internal Revenue Code of 1986. (ii) QUALIFIED HEALTH PLAN EXPENSES.—For
partnership or S corporation, the election under (B) So much of the taxes imposed under sec- purposes of this paragraph, the term ‘‘qualified
subparagraph (A)(ii) shall be made separately tion 3221(a) of such Code as are attributable to health plan expenses’’ means amounts paid or
by each partner or shareholder. the rate in effect under section 3111(a) of such incurred by the eligible employer to provide and
(b) INCREASE IN LIMITS ON CONTRIBUTIONS OF Code. maintain a group health plan (as defined in sec-
FOOD INVENTORY.—In the case of any charitable (2) ELIGIBLE EMPLOYER.— tion 5000(b)(1) of the Internal Revenue Code of
contribution of food during 2020 to which sec- (A) IN GENERAL.—The term ‘‘eligible em- 1986), but only to the extent that such amounts
tion 170(e)(3)(C) of the Internal Revenue Code of ployer’’ means any employer— are excluded from the gross income of employees
1986 applies, subclauses (I) and (II) of clause (ii) (i) which was carrying on a trade or business by reason of section 106(a) of such Code.
thereof shall each be applied by substituting ‘‘25 during calendar year 2020, and (iii) ALLOCATION RULES.—For purposes of this
percent’’ for ‘‘15 percent.’’ (ii) with respect to any calendar quarter, for paragraph, qualified health plan expenses shall
(c) EFFECTIVE DATE.—This section shall apply which— be allocated to qualified wages in such manner
to taxable years ending after December 31, 2019. (I) the operation of the trade or business de- as the Secretary may prescribe. Except as other-
SEC. 2206. EXCLUSION FOR CERTAIN EMPLOYER scribed in clause (i) is fully or partially sus- wise provided by the Secretary, such allocation
PAYMENTS OF STUDENT LOANS. pended during the calendar quarter due to or- shall be treated as properly made if made on the
(a) IN GENERAL.—Paragraph (1) of section ders from an appropriate governmental author- basis of being pro rata among employees and pro
127(c) of the Internal Revenue Code of 1986 is ity limiting commerce, travel, or group meetings rata on the basis of periods of coverage (relative
amended by striking ‘‘and’’ at the end of sub- (for commercial, social, religious, or other pur- to the periods to which such wages relate).
paragraph (A), by redesignating subparagraph poses) due to the coronavirus disease 2019 (4) SECRETARY.—The term ‘‘Secretary’’ means
(B) as subparagraph (C), and by inserting after (COVID–19), or the Secretary of the Treasury or the Secretary’s
subparagraph (A) the following new subpara- (II) such calendar quarter is within the period delegate.
graph: described in subparagraph (B). (5) WAGES.—The term ‘‘wages’’ means wages
‘‘(B) in the case of payments made before Jan- (B) SIGNIFICANT DECLINE IN GROSS RECEIPTS.— (as defined in section 3121(a) of the Internal
uary 1, 2021, the payment by an employer, The period described in this subparagraph is the Revenue Code of 1986) and compensation (as de-
whether paid to the employee or to a lender, of period— fined in section 3231(e) of such Code).
principal or interest on any qualified education (i) beginning with the first calendar quarter (6) OTHER TERMS.—Any term used in this sec-
loan (as defined in section 221(d)(1)) incurred by beginning after December 31, 2019, for which tion which is also used in chapter 21 or 22 of the
the employee for education of the employee, gross receipts (within the meaning of section Internal Revenue Code of 1986 shall have the
and’’. 448(c) of the Internal Revenue Code of 1986) for same meaning as when used in such chapter.
(b) CONFORMING AMENDMENT; DENIAL OF the calendar quarter are less than 50 percent of (d) AGGREGATION RULE.—All persons treated
DOUBLE BENEFIT.—The first sentence of para- gross receipts for the same calendar quarter in as a single employer under subsection (a) or (b)
graph (1) of section 221(e) of the Internal Rev- the prior year, and of section 52 of the Internal Revenue Code of
enue Code of 1986 is amended by inserting before (ii) ending with the calendar quarter fol- 1986, or subsection (m) or (o) of section 414 of
the period the following: ‘‘, or for which an ex- lowing the first calendar quarter beginning after such Code, shall be treated as one employer for
dlhill on DSKBBY8HB2PROD with HOUSE
clusion is allowable under section 127 to the tax- a calendar quarter described in clause (i) for purposes of this section.
payer by reason of the payment by the tax- which gross receipts of such employer are great- (e) CERTAIN RULES TO APPLY.—For purposes
payer’s employer of any indebtedness on a er than 80 percent of gross receipts for the same of this section, rules similar to the rules of sec-
qualified education loan of the taxpayer’’. calendar quarter in the prior year. tions 51(i)(1) and 280C(a) of the Internal Rev-
(c) EFFECTIVE DATE.—The amendments made (C) TAX-EXEMPT ORGANIZATIONS.—In the case enue Code of 1986 shall apply.
by this section shall apply to payments made of an organization which is described in section (f) CERTAIN GOVERNMENTAL EMPLOYERS.—
after the date of the enactment of this Act. 501(c) of the Internal Revenue Code of 1986 and This credit shall not apply to the Government of
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H1750 CONGRESSIONAL RECORD — HOUSE March 27, 2020
the United States, the government of any State (m) APPLICATION.—This section shall only (2) PAYROLL TAX DEFERRAL PERIOD.—The term
or political subdivision thereof, or any agency apply to wages paid after March 12, 2020, and ‘‘payroll tax deferral period’’ means the period
or instrumentality of any of the foregoing. before January 1, 2021. beginning on the date of the enactment of this
(g) ELECTION NOT TO HAVE SECTION APPLY.— SEC. 2302. DELAY OF PAYMENT OF EMPLOYER Act and ending before January 1, 2021.
This section shall not apply with respect to any PAYROLL TAXES. (3) APPLICABLE DATE.—The term ‘‘applicable
eligible employer for any calendar quarter if (a) IN GENERAL.— date’’ means—
such employer elects (at such time and in such (1) TAXES.—Notwithstanding any other provi- (A) December 31, 2021, with respect to 50 per-
manner as the Secretary may prescribe) not to sion of law, the payment for applicable employ- cent of the amounts to which subsection (a) or
have this section apply. ment taxes for the payroll tax deferral period (b), as the case may be, apply, and
(h) SPECIAL RULES.— shall not be due before the applicable date. (B) December 31, 2022, with respect to the re-
(1) EMPLOYEE NOT TAKEN INTO ACCOUNT MORE (2) DEPOSITS.—Notwithstanding section 6302 maining such amounts.
THAN ONCE.—An employee shall not be included of the Internal Revenue Code of 1986, an em- (4) SECRETARY.—The term ‘‘Secretary’’ means
for purposes of this section for any period with ployer shall be treated as having timely made all the Secretary of the Treasury (or the Secretary’s
respect to any employer if such employer is al- deposits of applicable employment taxes that are delegate).
lowed a credit under section 51 of the Internal required to be made (without regard to this sec- (e) TRUST FUNDS HELD HARMLESS.—There are
Revenue Code of 1986 with respect to such em- tion) for such taxes during the payroll tax defer- hereby appropriated (out of any money in the
ployee for such period. ral period if all such deposits are made not later Treasury not otherwise appropriated) for each
(2) DENIAL OF DOUBLE BENEFIT.—Any wages than the applicable date. fiscal year to the Federal Old-Age and Survivors
taken into account in determining the credit al- (3) EXCEPTION.—This subsection shall not Insurance Trust Fund and the Federal Dis-
lowed under this section shall not be taken into apply to any taxpayer if such taxpayer has had ability Insurance Trust Fund established under
account for purposes of determining the credit indebtedness forgiven under section 1106 of this section 201 of the Social Security Act (42 U.S.C.
allowed under section 45S of such Code. Act with respect to a loan under paragraph (36) 401) and the Social Security Equivalent Benefit
(3) THIRD PARTY PAYORS.—Any credit allowed of section 7(a) of the Small Business Act (15 Account established under section 15A(a) of the
under this section shall be treated as a credit U.S.C. 636(a)), as added by section 1102 of this Railroad Retirement Act of 1974 (45 U.S.C. 231n–
described in section 3511(d)(2) of such Code. Act, or indebtedness forgiven under section 1109 1(a)) an amount equal to the reduction in the
(i) TRANSFERS TO FEDERAL OLD-AGE AND SUR- of this Act.
transfers to such fund for such fiscal year by
VIVORS INSURANCE TRUST FUND.—There are
(b) SECA.—
(1) IN GENERAL.—Notwithstanding any other reason of this section. Amounts appropriated by
hereby appropriated to the Federal Old-Age and the preceding sentence shall be transferred from
provision of law, the payment for 50 percent of
Survivors Insurance Trust Fund and the Fed- the general fund at such times and in such man-
the taxes imposed under section 1401(a) of the
eral Disability Insurance Trust Fund estab- ner as to replicate to the extent possible the
Internal Revenue Code of 1986 for the payroll
lished under section 201 of the Social Security transfers which would have occurred to such
tax deferral period shall not be due before the
Act (42 U.S.C. 401) and the Social Security Trust Fund had such amendments not been en-
applicable date.
Equivalent Benefit Account established under (2) ESTIMATED TAXES.—For purposes of apply- acted.
section 15A(a) of the Railroad Retirement Act of ing section 6654 of the Internal Revenue Code of (f) REGULATORY AUTHORITY.—The Secretary
1974 (45 U.S.C. 14 231n–1(a)) amounts equal to 1986 to any taxable year which includes any shall issue such regulations or other guidance
the reduction in revenues to the Treasury by part of the payroll tax deferral period, 50 per- as necessary to carry out the purposes of this
reason of this section (without regard to this cent of the taxes imposed under section 1401(a) section, including rules for the administration
subsection). Amounts appropriated by the pre- of such Code for the payroll tax deferral period and enforcement of subsection (c).
ceding sentence shall be transferred from the shall not be treated as taxes to which such sec- SEC. 2303. MODIFICATIONS FOR NET OPERATING
general fund at such times and in such manner tion 6654 applies. LOSSES.
as to replicate to the extent possible the trans- (c) LIABILITY OF THIRD PARTIES.— (a) TEMPORARY REPEAL OF TAXABLE INCOME
fers which would have occurred to such Trust (1) ACTS TO BE PERFORMED BY AGENTS.—For LIMITATION.—
Fund or Account had this section not been en- purposes of section 3504 of the Internal Revenue (1) IN GENERAL.—The first sentence of section
acted. Code of 1986, in the case of any person des- 172(a) of the Internal Revenue Code of 1986 is
(j) RULE FOR EMPLOYERS TAKING SMALL BUSI- ignated pursuant to such section (and any regu- amended by striking ‘‘an amount equal to’’ and
NESS INTERRUPTION LOAN.—If an eligible em- lations or other guidance issued by the Sec- all that follows and inserting ‘‘an amount equal
ployer receives a covered loan under paragraph retary with respect to such section) to perform to—
(36) of section 7(a) of the Small Business Act (15 acts otherwise required to be performed by an ‘‘(1) in the case of a taxable year beginning
U.S.C. 636(a)), as added by section 1102 of this employer under such Code, if such employer di- before January 1, 2021, the aggregate of the net
Act, such employer shall not be eligible for the rects such person to defer payment of any appli- operating loss carryovers to such year, plus the
credit under this section. cable employment taxes during the payroll tax net operating loss carrybacks to such year, and
(k) TREATMENT OF DEPOSITS.—The Secretary deferral period under this section, such em- ‘‘(2) in the case of a taxable year beginning
shall waive any penalty under section 6656 of ployer shall be solely liable for the payment of after December 31, 2020, the sum of—
the Internal Revenue Code of 1986 for any fail- such applicable employment taxes before the ap- ‘‘(A) the aggregate amount of net operating
ure to make a deposit of any applicable employ- plicable date for any wages paid by such person losses arising in taxable years beginning before
ment taxes if the Secretary determines that such on behalf of such employer during such period. January 1, 2018, carried to such taxable year,
failure was due to the reasonable anticipation (2) CERTIFIED PROFESSIONAL EMPLOYER ORGA- plus
of the credit allowed under this section. NIZATIONS.—For purposes of section 3511, in the ‘‘(B) the lesser of—
(l) REGULATIONS AND GUIDANCE.—The Sec- case of a certified professional employer organi- ‘‘(i) the aggregate amount of net operating
retary shall issue such forms, instructions, regu- zation (as defined in subsection (a) of section losses arising in taxable years beginning after
lations, and guidance as are necessary— 7705 of the Internal Revenue Code of 1986) that December 31, 2017, carried to such taxable year,
(1) to allow the advance payment of the credit has entered into a service contract described in or
under subsection (a), subject to the limitations subsection (e)(2) of such section with a cus- ‘‘(ii) 80 percent of the excess (if any) of—
provided in this section, based on such informa- tomer, if such customer directs such organiza- ‘‘(I) taxable income computed without regard
tion as the Secretary shall require, tion to defer payment of any applicable employ- to the deductions under this section and sec-
(2) to provide for the reconciliation of such ment taxes during the payroll tax deferral pe- tions 199A and 250, over
advance payment with the amount advanced at riod under this section, such customer shall, ‘‘(II) the amount determined under subpara-
the time of filing the return of tax for the appli- notwithstanding subsections (a) and (c) of sec- graph (A).’’.
cable calendar quarter or taxable year, tion 3511, be solely liable for the payment of (2) CONFORMING AMENDMENTS.—
(3) to provide for the recapture of the credit such applicable employment taxes before the ap- (A) Section 172(b)(2)(C) of such Code is
under this section if such credit is allowed to a plicable date for any wages paid by such orga- amended to read as follows:
taxpayer which receives a loan described in sub- nization to any work site employee performing ‘‘(C) for taxable years beginning after Decem-
section (j) during a subsequent quarter, services for such customer during such period. ber 31, 2020, be reduced by 20 percent of the ex-
(4) with respect to the application of the credit (d) DEFINITIONS.—For purposes of this sec- cess (if any) described in subsection (a)(2)(B)(ii)
under subsection (a) to third party payors (in- tion— for such taxable year.’’.
cluding professional employer organizations, (1) APPLICABLE EMPLOYMENT TAXES.—The (B) Section 172(d)(6)(C) of such Code is
certified professional employer organizations, or term ‘‘applicable employment taxes’’ means the amended by striking ‘‘subsection (a)(2)’’ and in-
agents under section 3504 of the Internal Rev- following: serting ‘‘subsection (a)(2)(B)(ii)(I)’’.
enue Code of 1986), including regulations or (A) The taxes imposed under section 3111(a) of (C) Section 860E(a)(3)(B) of such Code is
guidance allowing such payors to submit docu- the Internal Revenue Code of 1986. amended by striking all that follows ‘‘for pur-
mentation necessary to substantiate the eligible (B) So much of the taxes imposed under sec- poses of’’ and inserting ‘‘subsection
dlhill on DSKBBY8HB2PROD with HOUSE
employer status of employers that use such tion 3211(a) of such Code as are attributable to (a)(2)(B)(ii)(I) and the second sentence of sub-
payors, and the rate in effect under section 3111(a) of such section (b)(2) of section 172.’’.
(5) for application of subparagraphs (A)(ii)(II) Code. (b) MODIFICATIONS OF RULES RELATING TO
and (B) of subsection (c)(2) in the case of any (C) So much of the taxes imposed under sec- CARRYBACKS.—
employer which was not carrying on a trade or tion 3221(a) of such Code as are attributable to (1) IN GENERAL.—Section 172(b)(1) of the In-
business for all or part of the same calendar the rate in effect under section 3111(a) of such ternal Revenue Code of 1986 is amended by add-
quarter in the prior year. Code. ing at the end the following new subparagraph:
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1751
‘‘(D) SPECIAL RULE FOR LOSSES ARISING IN 2018, ‘‘(A) GENERAL RULE.—A net operating loss for (B) by adding at the end the following flush
2019, AND 2020.— any taxable year— sentence:
‘‘(i) IN GENERAL.—In the case of any net oper- ‘‘(i) shall be a net operating loss carryback to ‘‘Such excess shall be determined without regard
ating loss arising in a taxable year beginning the extent provided in subparagraphs (B) and to any deductions, gross income, or gains attrib-
after December 31, 2017, and before January 1, (C)(i), and utable to any trade or business of performing
2021— ‘‘(ii) except as provided in subparagraph services as an employee.’’.
‘‘(I) such loss shall be a net operating loss (C)(ii), shall be a net operating loss carryover— (3) Section 461(l)(3) of such Code is amended
carryback to each of the 5 taxable years pre- ‘‘(I) in the case of a net operating loss arising by redesignating subparagraph (B) as subpara-
ceding the taxable year of such loss, and in a taxable year beginning before January 1, graph (C) and by inserting after subparagraph
‘‘(II) subparagraphs (B) and (C)(i) shall not 2018, to each of the 20 taxable years following (A) the following new subparagraph:
apply. the taxable year of the loss, and ‘‘(B) TREATMENT OF CAPITAL GAINS AND
‘‘(ii) SPECIAL RULES FOR REITS.—For purposes ‘‘(II) in the case of a net operating loss arising LOSSES.—
of this subparagraph— in a taxable year beginning after December 31, ‘‘(i) LOSSES.—Deductions for losses from sales
‘‘(I) IN GENERAL.—A net operating loss for a 2017, to each taxable year following the taxable or exchanges of capital assets shall not be taken
REIT year shall not be a net operating loss year of the loss.’’. into account under subparagraph (A)(i).
carryback to any taxable year preceding the (d) EFFECTIVE DATES.— ‘‘(ii) GAINS.—The amount of gains from sales
taxable year of such loss. (1) NET OPERATING LOSS LIMITATION.—The or exchanges of capital assets taken into ac-
‘‘(II) SPECIAL RULE.—In the case of any net amendments made by subsection (a) shall count under subparagraph (A)(ii) shall not ex-
operating loss for a taxable year which is not a apply— ceed the lesser of—
REIT year, such loss shall not be carried to any (A) to taxable years beginning after December ‘‘(I) the capital gain net income determined by
preceding taxable year which is a REIT year. 31, 2017, and taking into account only gains and losses attrib-
‘‘(III) REIT YEAR.—For purposes of this sub- (B) to taxable years beginning on or before utable to a trade or business, or
paragraph, the term ‘REIT year’ means any December 31, 2017, to which net operating losses ‘‘(II) the capital gain net income.’’.
taxable year for which the provisions of part II arising in taxable years beginning after Decem- (c) EFFECTIVE DATES.—
of subchapter M (relating to real estate invest- ber 31, 2017, are carried. (1) IN GENERAL.—The amendments made by
ment trusts) apply to the taxpayer. (2) CARRYOVERS AND CARRYBACKS.—The subsection (a) shall apply to taxable years be-
‘‘(iii) SPECIAL RULE FOR LIFE INSURANCE COM- amendment made by subsection (b) shall apply ginning after December 31, 2017.
PANIES.— In the case of a life insurance com- to— (2) TECHNICAL AMENDMENTS.—The amend-
pany, if a net operating loss is carried pursuant (A) net operating losses arising in taxable ments made by subsection (b) shall take effect as
to clause (i)(I) to a life insurance company tax- years beginning after December 31, 2017, and if included in the provisions of Public Law 115–
able year beginning before January 1, 2018, such (B) taxable years beginning before, on, or
97 to which they relate.
net operating loss carryback shall be treated in after such date to which such net operating
SEC. 2305. MODIFICATION OF CREDIT FOR PRIOR
the same manner as an operations loss losses are carried. YEAR MINIMUM TAX LIABILITY OF
carryback (within the meaning of section 810 as (3) TECHNICAL AMENDMENTS.—The amend- CORPORATIONS.
in effect before its repeal) of such company to ments made by subsection (c) shall take effect as
(a) IN GENERAL.—Section 53(e) of the Internal
such taxable year. if included in the provisions of Public Law 115–
Revenue Code of 1986 is amended—
‘‘(iv) RULE RELATING TO CARRYBACKS TO 97 to which they relate. (1) by striking ‘‘2018, 2019, 2020, or 2021’’ in
YEARS TO WHICH SECTION 965 APPLIES.—If a net (4) SPECIAL RULE.—In the case of a net oper-
paragraph (1) and inserting ‘‘2018 or 2019’’, and
operating loss of a taxpayer is carried pursuant ating loss arising in a taxable year beginning
(2) by striking ‘‘2021’’ in paragraph (2) and
to clause (i)(I) to any taxable year in which an before January 1, 2018, and ending after Decem-
inserting ‘‘2019’’.
amount is includible in gross income by reason ber 31, 2017—
(b) ELECTION TO TAKE ENTIRE REFUNDABLE
of section 965(a), the taxpayer shall be treated (A) an application under section 6411(a) of the
CREDIT AMOUNT IN 2018.—
as having made the election under section 965(n) Internal Revenue Code of 1986 with respect to
(1) IN GENERAL.—Section 53(e) of such Code is
with respect to each such taxable year. the carryback of such net operating loss shall
amended by adding at the end the following
‘‘(v) SPECIAL RULES FOR ELECTIONS UNDER not fail to be treated as timely filed if filed not
new paragraph:
PARAGRAPH (3).— later than the date which is 120 days after the
‘‘(5) SPECIAL RULE.—In the case of a corpora-
‘‘(I) SPECIAL ELECTION TO EXCLUDE SECTION date of the enactment of this Act, and
tion making an election under this paragraph—
965 YEARS.— If the 5-year carryback period (B) an election to—
‘‘(A) paragraph (1) shall not apply, and
under clause (i)(I) with respect to any net oper- (i) forgo any carryback of such net operating
‘‘(B) subsection (c) shall not apply to the first
ating loss of a taxpayer includes 1 or more tax- loss,
(ii) reduce any period to which such net oper- taxable year of such corporation beginning in
able years in which an amount is includible in
ating loss may be carried back, or 2018.’’.
gross income by reason of section 965(a), the
(iii) revoke any election made under section (c) EFFECTIVE DATE.—The amendments made
taxpayer may, in lieu of the election otherwise
172(b) to forgo any carryback of such net oper- by this section shall apply to taxable years be-
available under paragraph (3), elect under such
ating loss, ginning after December 31, 2017.
paragraph to exclude all such taxable years (d) SPECIAL RULE.—
from such carryback period. shall not fail to be treated as timely made if
made not later than the date which is 120 days (1) IN GENERAL.—For purposes of the Internal
‘‘(II) TIME OF ELECTIONS.—An election under
after the date of the enactment of this Act. Revenue Code of 1986, a credit or refund for
paragraph (3) (including an election described
SEC. 2304. MODIFICATION OF LIMITATION ON
which an application described in paragraph
in subclause (I)) with respect to a net operating
LOSSES FOR TAXPAYERS OTHER (2)(A) is filed shall be treated as made under
loss arising in a taxable year beginning in 2018
THAN CORPORATIONS. section 6411 of such Code.
or 2019 shall be made by the due date (including
(a) IN GENERAL.—Section 461(l)(1) of the In- (2) TENTATIVE REFUND.—
extensions of time) for filing the taxpayer’s re-
ternal Revenue Code of 1986 is amended to read (A) APPLICATION.—A taxpayer may file an ap-
turn for the first taxable year ending after the
as follows: plication for a tentative refund of any amount
date of the enactment of this subparagraph.’’.
‘‘(1) LIMITATION.—In the case of a taxpayer for which a refund is due by reason of an elec-
(2) CONFORMING AMENDMENT.—Section
other than a corporation— tion under section 53(e)(5) of the Internal Rev-
172(b)(1)(A) of such Code, as amended by sub-
‘‘(A) for any taxable year beginning after De- enue Code of 1986. Such application shall be in
section (c)(2), is amended by striking ‘‘and
cember 31, 2017, and before January 1, 2026, sub- such manner and form as the Secretary of the
(C)(i)’’ and inserting ‘‘, (C)(i), and (D)’’.
(c) TECHNICAL AMENDMENT RELATING TO SEC- section (j) (relating to limitation on excess farm Treasury (or the Secretary’s delegate) may pre-
TION 13302 OF PUBLIC LAW 115–97.— losses of certain taxpayers) shall not apply, and scribe and shall—
(1) Section 13302(e) of Public Law 115–97 is ‘‘(B) for any taxable year beginning after De- (i) be verified in the same manner as an appli-
amended to read as follows: cember 31, 2020, and before January 1, 2026, any cation under section 6411(a) of such Code,
‘‘(e) EFFECTIVE DATES.— excess business loss of the taxpayer for the tax- (ii) be filed prior to December 31, 2020, and
‘‘(1) NET OPERATING LOSS LIMITATION.—The able year shall not be allowed.’’. (iii) set forth—
amendments made by subsections (a) and (d)(2) (b) TECHNICAL AMENDMENTS RELATING TO (I) the amount of the refundable credit
shall apply to— SECTION 11012 OF PUBLIC LAW 115–97.— claimed under section 53(e) of such Code for
‘‘(A) taxable years beginning after December (1) Section 461(l)(2) of the Internal Revenue such taxable year,
31, 2017, and Code of 1986 is amended by striking ‘‘a net oper- (II) the amount of the refundable credit
‘‘(B) taxable years beginning on or before ating loss carryover to the following taxable claimed under such section for any previously
such date to which net operating losses arising year under section 172’’ and inserting ‘‘a net op- filed return for such taxable year, and
in taxable years beginning after such date are erating loss for the taxable year for purposes of (III) the amount of the refund claimed.
carried. determining any net operating loss carryover (B) ALLOWANCE OF ADJUSTMENTS.—Within a
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‘‘(2) CARRYOVERS AND CARRYBACKS.—The under section 172(b) for subsequent taxable period of 90 days from the date on which an ap-
amendments made by subsections (b), (c), and years’’. plication is filed under subparagraph (A), the
(d)(1) shall apply to net operating losses arising (2) Section 461(l)(3)(A) of such Code is amend- Secretary of the Treasury (or the Secretary’s
in taxable years beginning after December 31, ed— delegate) shall—
2017.’’. (A) in clause (i), by inserting ‘‘and without (i) review the application,
(2) Section 172(b)(1)(A) of the Internal Rev- regard to any deduction allowable under section (ii) determine the amount of the overpayment,
enue Code of 1986 is amended to read as follows: 172 or 199A’’ after ‘‘under paragraph (1)’’, and and
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H1752 CONGRESSIONAL RECORD — HOUSE March 27, 2020
(iii) apply, credit, or refund such overpay- ‘‘(vii) any qualified improvement property.’’, (C) any existing supply chain information
ment, and gaps, as applicable; and
in a manner similar to the manner provided in (B) in paragraph (6)(A), by inserting ‘‘made (D) potential economic impact of increased do-
section 6411(b) of the Internal Revenue Code of by the taxpayer’’ after ‘‘any improvement’’, and mestic manufacturing; and
1986. (2) in the table contained in subsection (2) provide recommendations, which may in-
(C) CONSOLIDATED RETURNS.—The provisions (g)(3)(B)— clude a plan to improve the resiliency of the
of section 6411(c) of the Internal Revenue Code (A) by striking the item relating to subpara- supply chain for critical drugs and devices as
of 1986 Code shall apply to an adjustment under graph (D)(v), and described in paragraph (1), and to address any
this paragraph to the same extent and manner (B) by inserting after the item relating to sub- supply vulnerabilities or potential disruptions of
as the Secretary of the Treasury (or the Sec- paragraph (E)(vi) the following new item: such products that would significantly affect or
retary’s delegate) may provide. ‘‘(E)(vii) ..................................... 20’’. pose a threat to public health security or na-
SEC. 2306. MODIFICATIONS OF LIMITATION ON (b) EFFECTIVE DATE.—The amendments made tional security, as appropriate, which may in-
BUSINESS INTEREST. by this section shall take effect as if included in clude strategies to—
(a) IN GENERAL.—Section 163(j) of the Internal section 13204 of Public Law 115–97. (A) promote supply chain redundancy and
Revenue Code of 1986 is amended by redesig- SEC. 2308. TEMPORARY EXCEPTION FROM EXCISE contingency planning;
nating paragraph (10) as paragraph (11) and by TAX FOR ALCOHOL USED TO (B) encourage domestic manufacturing, in-
inserting after paragraph (9) the following new PRODUCE HAND SANITIZER. cluding consideration of economic impacts, if
paragraph: (a) IN GENERAL.—Section 5214(a) of the Inter- any;
‘‘(10) SPECIAL RULE FOR TAXABLE YEARS BE- nal Revenue Code of 1986 is amended— (C) improve supply chain information gaps;
GINNING IN 2019 AND 2020.— (1) in paragraph (13), by striking the period at (D) improve planning considerations for med-
‘‘(A) IN GENERAL.— the end and inserting ‘‘; or’’, and ical product supply chain capacity during pub-
‘‘(i) IN GENERAL.—Except as provided in (2) by adding at the end the following new lic health emergencies; and
clause (ii) or (iii), in the case of any taxable paragraph: (E) promote the accessibility of such drugs
year beginning in 2019 or 2020, paragraph (1)(B) ‘‘(14) with respect to distilled spirits removed and devices.
shall be applied by substituting ‘50 percent’ for after December 31, 2019, and before January 1, (c) INPUT.—In conducting the study and de-
‘30 percent’. 2021, free of tax for use in or contained in hand veloping the report under subsection (b), the Na-
‘‘(ii) SPECIAL RULE FOR PARTNERSHIPS.—In the sanitizer produced and distributed in a manner tional Academies shall—
case of a partnership— consistent with any guidance issued by the (1) consider input from the Department of
‘‘(I) clause (i) shall not apply to any taxable Food and Drug Administration that is related to Health and Human Services, the Department of
year beginning in 2019, but the outbreak of virus SARS–CoV–2 or Homeland Security, the Department of Defense,
‘‘(II) unless a partner elects not to have this coronavirus disease 2019 (COVID–19).’’. the Department of Commerce, the Department of
subclause apply, in the case of any excess busi- (b) EFFECTIVE DATE.—The amendments made State, the Department of Veterans Affairs, the
ness interest of the partnership for any taxable by this section shall apply to distilled spirits re- Department of Justice, and any other Federal
year beginning in 2019 which is allocated to the moved after December 31, 2019. agencies as appropriate; and
partner under paragraph (4)(B)(i)(II)— (2) consult with relevant stakeholders, which
(c) APPLICATION OF OTHER LAWS.—Any dis-
‘‘(aa) 50 percent of such excess business inter- may include conducting public meetings and
tilled spirits or product described in paragraph
est shall be treated as business interest which, other forms of engagement, as appropriate, with
(14) of section 5214(a) of the Internal Revenue
notwithstanding paragraph (4)(B)(ii), is paid or health care providers, medical professional soci-
Code of 1986 (as added by this section) shall not
accrued by the partner in the partner’s first tax- eties, State-based societies, public health ex-
be subject to any requirements related to label-
able year beginning in 2020 and which is not perts, State and local public health depart-
ing or bulk sales under—
subject to the limits of paragraph (1), and ments, State medical boards, patient groups,
(1) section 105 or 106 of the Federal Alcohol
‘‘(bb) 50 percent of such excess business inter- medical product manufacturers, health care dis-
Administration Act (27 U.S.C. 205, 206); or
est shall be subject to the limitations of para- (2) section 204 of the Alcoholic Beverage La- tributors, wholesalers and group purchasing or-
graph (4)(B)(ii) in the same manner as any beling Act of 1988 (27 U.S.C. 215). ganizations, pharmacists, and other entities
other excess business interest so allocated. with experience in health care and public
TITLE III—SUPPORTING AMERICA’S health, as appropriate.
‘‘(iii) ELECTION OUT.—A taxpayer may elect,
HEALTH CARE SYSTEM IN THE FIGHT (d) DEFINITIONS.—In this section, the terms
at such time and in such manner as the Sec-
AGAINST THE CORONAVIRUS ‘‘device’’ and ‘‘drug’’ have the meanings given
retary may prescribe, not to have clause (i)
apply to any taxable year. Such an election, Subtitle A—Health Provisions such terms in section 201 of the Federal Food,
once made, may be revoked only with the con- SEC. 3001. SHORT TITLE. Drug, and Cosmetic Act (21 U.S.C. 321).
sent of the Secretary. In the case of a partner- This subtitle may be cited as the ‘‘Coronavirus SEC. 3102. REQUIRING THE STRATEGIC NATIONAL
ship, any such election shall be made by the STOCKPILE TO INCLUDE CERTAIN
Aid, Relief, and Economic Security Act’’.
TYPES OF MEDICAL SUPPLIES.
partnership and may be made only for taxable PART I—ADDRESSING SUPPLY
years beginning in 2020. Section 319F–2(a)(1) of the Public Health Serv-
SHORTAGES ice Act (42 U.S.C. 247d–6b(a)(1)) is amended by
‘‘(B) ELECTION TO USE 2019 ADJUSTED TAXABLE
INCOME FOR TAXABLE YEARS BEGINNING IN 2020.—
Subpart A—Medical Product Supplies inserting ‘‘(including personal protective equip-
‘‘(i) IN GENERAL.—Subject to clause (ii), in the SEC. 3101. NATIONAL ACADEMIES REPORT ON ment, ancillary medical supplies, and other ap-
case of any taxable year beginning in 2020, the AMERICA’S MEDICAL PRODUCT SUP- plicable supplies required for the administration
taxpayer may elect to apply this subsection by PLY CHAIN SECURITY. of drugs, vaccines and other biological products,
substituting the adjusted taxable income of the (a) IN GENERAL.—Not later than 60 days after medical devices, and diagnostic tests in the
taxpayer for the last taxable year beginning in the date of enactment of this Act, the Secretary stockpile)’’ after ‘‘other supplies’’.
2019 for the adjusted taxable income for such of Health and Human Services shall enter into SEC. 3103. TREATMENT OF RESPIRATORY PRO-
taxable year. In the case of a partnership, any an agreement with the National Academies of TECTIVE DEVICES AS COVERED
Sciences, Engineering, and Medicine (referred to COUNTERMEASURES.
such election shall be made by the partnership.
‘‘(ii) SPECIAL RULE FOR SHORT TAXABLE in this section as the ‘‘National Academies’’) to Section 319F–3(i)(1)(D) of the Public Health
YEARS.—If an election is made under clause (i) examine, and, in a manner that does not com- Service Act (42 U.S.C. 247d–6d(i)(1)(D)) is
for a taxable year which is a short taxable year, promise national security, report on, the secu- amended to read as follows:
the adjusted taxable income for the taxpayer’s rity of the United States medical product supply ‘‘(D) a respiratory protective device that is ap-
last taxable year beginning in 2019 which is sub- chain. proved by the National Institute for Occupa-
stituted under clause (i) shall be equal to the (b) PURPOSES.—The report developed under tional Safety and Health under part 84 of title
amount which bears the same ratio to such ad- this section shall— 42, Code of Federal Regulations (or any suc-
justed taxable income determined without re- (1) assess and evaluate the dependence of the cessor regulations), and that the Secretary de-
gard to this clause as the number of months in United States, including the private commercial termines to be a priority for use during a public
the short taxable year bears to 12’’. sector, States, and the Federal Government, on health emergency declared under section 319.’’.
(b) EFFECTIVE DATE.—The amendments made critical drugs and devices that are sourced or Subpart B—Mitigating Emergency Drug
by this section shall apply to taxable years be- manufactured outside of the United States, Shortages
ginning after December 31, 2018. which may include an analysis of— SEC. 3111. PRIORITIZE REVIEWS OF DRUG APPLI-
SEC. 2307. TECHNICAL AMENDMENTS REGARDING (A) the supply chain of critical drugs and de- CATIONS; INCENTIVES.
QUALIFIED IMPROVEMENT PROP- vices of greatest priority to providing health Section 506C(g) of the Federal Food, Drug,
ERTY. care; and Cosmetic Act (21 U.S.C. 356c(g)) is amend-
(a) IN GENERAL.—Section 168 of the Internal (B) any potential public health security or na- ed—
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Revenue Code of 1986 is amended— tional security risks associated with reliance on (1) in paragraph (1), by striking ‘‘the Sec-
(1) in subsection (e)— critical drugs and devices sourced or manufac- retary may’’ and inserting ‘‘the Secretary shall,
(A) in paragraph (3)(E), by striking ‘‘and’’ at tured outside of the United States, which may as appropriate’’;
the end of clause (v), by striking the period at include responses to previous or existing short- (2) in paragraph (1), by inserting ‘‘prioritize
the end of clause (vi) and inserting ‘‘, and’’, ages or public health emergencies, such as infec- and’’ before ‘‘expedite the review’’; and
and by adding at the end the following new tious disease outbreaks, bioterror attacks, and (3) in paragraph (2), by inserting ‘‘prioritize
clause: other public health threats; and’’ before ‘‘expedite an inspection’’.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1753
SEC. 3112. ADDITIONAL MANUFACTURER REPORT- (1) by redesignating paragraphs (3) and (4) as ing physician, health provider, patient organi-
ING REQUIREMENTS IN RESPONSE paragraphs (4) and (5), respectively; and zations, and supply chain partners, as appro-
TO DRUG SHORTAGES. (2) by inserting after paragraph (2) the fol- priate and applicable, as described in subsection
(a) EXPANSION TO INCLUDE ACTIVE PHARMA- lowing: (g).
CEUTICAL INGREDIENTS.—Subsection (a) of sec- ‘‘(3)(A) Each person who registers with the ‘‘(2) PUBLIC HEALTH EXCEPTION.—The Sec-
tion 506C of the Federal Food, Drug, and Cos- Secretary under this section with regard to a retary may choose not to make information col-
metic Act (21 U.S.C. 356c) is amended— drug shall report annually to the Secretary on lected under this section publicly available pur-
(1) in paragraph (1)(C), by inserting ‘‘or any the amount of each drug listed under paragraph suant to this section if the Secretary determines
such drug that is critical to the public health (1) that was manufactured, prepared, propa- that disclosure of such information would ad-
during a public health emergency declared by gated, compounded, or processed by such person versely affect the public health, such as by in-
the Secretary under section 319 of the Public for commercial distribution. Such information creasing the possibility of unnecessary over pur-
Health Service Act’’ after ‘‘during surgery’’; may be required to be submitted in an electronic chase of product, component parts, or other dis-
and format as determined by the Secretary. The Sec- ruption of the availability of medical products
(2) in the flush text at the end—
(A) by inserting ‘‘, or a permanent discontinu- retary may require that information required to to patients.
be reported under this paragraph be submitted ‘‘(d) CONFIDENTIALITY.—Nothing in this sec-
ance in the manufacture of an active pharma-
at the time a public health emergency is de- tion shall be construed as authorizing the Sec-
ceutical ingredient or an interruption in the
clared by the Secretary under section 319 of the retary to disclose any information that is a
manufacture of the active pharmaceutical ingre-
Public Health Service Act. trade secret or confidential information subject
dient of such drug that is likely to lead to a
‘‘(B) By order of the Secretary, certain bio- to section 552(b)(4) of title 5, United States Code,
meaningful disruption in the supply of the ac-
logical products or categories of biological prod- or section 1905 of title 18, United States Code.
tive pharmaceutical ingredient of such drug,’’ ‘‘(e) FAILURE TO MEET REQUIREMENTS.—If a
before ‘‘and the reasons’’; and ucts regulated under section 351 of the Public
Health Service Act may be exempt from some or person fails to submit information required
(B) by adding at the end the following: ‘‘Noti-
all of the reporting requirements under subpara- under subsection (a) in accordance with sub-
fication under this subsection shall include dis-
graph (A), if the Secretary determines that ap- section (b)—
closure of reasons for the discontinuation or
plying such reporting requirements to such bio- ‘‘(1) the Secretary shall issue a letter to such
interruption, and if applicable, an active phar-
logical products or categories of biological prod- person informing such person of such failure;
maceutical ingredient is a reason for, or risk ‘‘(2) not later than 30 calendar days after the
factor in, such discontinuation or interruption, ucts is not necessary to protect the public
health.’’. issuance of a letter under paragraph (1), the
the source of the active pharmaceutical ingre- person who receives such letter shall submit to
dient and any alternative sources for the active (f) CONFIDENTIALITY.—Nothing in the amend-
ments made by this section shall be construed as the Secretary a written response to such letter
pharmaceutical ingredient known by the manu- setting forth the basis for noncompliance and
facturer; whether any associated device used for authorizing the Secretary to disclose any infor-
mation that is a trade secret or confidential in- providing information required under subsection
preparation or administration included in the (a); and
drug is a reason for, or a risk factor in, such formation subject to section 552(b)(4) of title 5,
United States Code, or section 1905 of title 18, ‘‘(3) not later than 45 calendar days after the
discontinuation or interruption; the expected issuance of a letter under paragraph (1), the
duration of the interruption; and such other in- United States Code.
(g) EFFECTIVE DATE.—The amendments made Secretary shall make such letter and any re-
formation as the Secretary may require.’’. sponse to such letter under paragraph (2) avail-
(b) RISK MANAGEMENT.—Section 506C of the by this section and section 3111 shall take effect
on the date that is 180 days after the date of en- able to the public on the internet website of the
Federal Food, Drug, and Cosmetic Act (21 Food and Drug Administration, with appro-
U.S.C. 356c) is amended by adding at the end actment of this Act.
priate redactions made to protect information
the following: Subpart C—Preventing Medical Device described in subsection (d), except that, if the
‘‘(j) RISK MANAGEMENT PLANS.—Each manu- Shortages Secretary determines that the letter under para-
facturer of a drug described in subsection (a) or SEC. 3121. DISCONTINUANCE OR INTERRUPTION graph (1) was issued in error or, after review of
of any active pharmaceutical ingredient or any IN THE PRODUCTION OF MEDICAL such response, the person had a reasonable
associated medical device used for preparation DEVICES.
basis for not notifying as required under sub-
or administration included in the drug, shall de- Chapter V of the Federal Food, Drug, and section (a), the requirements of this paragraph
velop, maintain, and implement, as appropriate, Cosmetic Act (21 U.S.C. 351 et seq.) is amended shall not apply.
a redundancy risk management plan that iden- by inserting after section 506I the following: ‘‘(f) EXPEDITED INSPECTIONS AND REVIEWS.—
tifies and evaluates risks to the supply of the ‘‘SEC. 506J. DISCONTINUANCE OR INTERRUPTION If, based on notifications described in subsection
drug, as applicable, for each establishment in IN THE PRODUCTION OF MEDICAL (a) or any other relevant information, the Sec-
which such drug or active pharmaceutical ingre- DEVICES. retary concludes that there is, or is likely to be,
dient of such drug is manufactured. A risk man- ‘‘(a) IN GENERAL.—A manufacturer of a device a shortage of an device, the Secretary shall, as
agement plan under this section shall be subject that— appropriate—
to inspection and copying by the Secretary pur- ‘‘(1) is critical to public health during a public ‘‘(1) prioritize and expedite the review of a
suant to an inspection or a request under sec- health emergency, including devices that are submission under section 513(f)(2), 515, review of
tion 704(a)(4).’’. life-supporting, life-sustaining, or intended for a notification under section 510(k), or 520(m) for
(c) ANNUAL NOTIFICATION.—Section 506E of use in emergency medical care or during sur- a device that could help mitigate or prevent
the Federal Food, Drug, and Cosmetic Act (21 gery; or such shortage; or
U.S.C. 356e) is amended by adding at the end ‘‘(2) for which the Secretary determines that ‘‘(2) prioritize and expedite an inspection or
the following: information on potential meaningful supply dis- reinspection of an establishment that could help
‘‘(d) INTERAGENCY NOTIFICATION.—Not later ruptions of such device is needed during, or in mitigate or prevent such shortage.
than 180 days after the date of enactment of this advance of, a public health emergency; ‘‘(g) DEVICE SHORTAGE LIST.—
subsection, and every 90 days thereafter, the shall, during, or in advance of, a public health ‘‘(1) ESTABLISHMENT.—The Secretary shall es-
Secretary shall transmit a report regarding the emergency declared by the Secretary under sec- tablish and maintain an up-to-date list of de-
drugs of the current drug shortage list under tion 319 of the Public Health Service Act, notify vices that are determined by the Secretary to be
this section to the Administrator of the Centers the Secretary, in accordance with subsection in shortage in the United States.
for Medicare & Medicaid Services.’’. (b), of a permanent discontinuance in the man- ‘‘(2) CONTENTS.—For each device included on
(d) REPORTING AFTER INSPECTIONS.—Section the list under paragraph (1), the Secretary shall
ufacture of the device (except for
704(b) of the Federal Food, Drug, and Cosmetic include the following information:
discontinuances as a result of an approved
Act (21 U.S.C. 374(b)) is amended— ‘‘(A) The category or name of the device in
(1) by redesignating paragraphs (1) and (2) modification of the device) or an interruption of
the manufacture of the device that is likely to shortage.
and subparagraphs (A) and (B); ‘‘(B) The name of each manufacturer of such
(2) by striking ‘‘(b) Upon completion’’ and in- lead to a meaningful disruption in the supply of
that device in the United States, and the rea- device.
serting ‘‘(b)(1) Upon completion’’; and ‘‘(C) The reason for the shortage, as deter-
(3) by adding at the end the following: sons for such discontinuance or interruption.
‘‘(b) TIMING.—A notice required under sub- mined by the Secretary, selecting from the fol-
‘‘(2) In carrying out this subsection with re-
section (a) shall be submitted to the Secretary— lowing categories:
spect to any establishment manufacturing a
‘‘(i) Requirements related to complying with
drug approved under subsection (c) or (j) of sec- ‘‘(1) at least 6 months prior to the date of the
good manufacturing practices.
tion 505 for which a notification has been sub- discontinuance or interruption; or
‘‘(ii) Regulatory delay.
mitted in accordance with section 506C is, or has ‘‘(2) if compliance with paragraph (1) is not ‘‘(iii) Shortage or discontinuance of a compo-
been in the last 5 years, listed on the drug short- possible, as soon as practicable. nent or part.
age list under section 506E, or that is described ‘‘(c) DISTRIBUTION.— ‘‘(iv) Discontinuance of the manufacture of
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in section 505(j)(11)(A), a copy of the report ‘‘(1) PUBLIC AVAILABILITY.—To the maximum the device.
shall be sent promptly to the appropriate offices extent practicable, subject to paragraph (2), the ‘‘(v) Delay in shipping of the device.
of the Food and Drug Administration with ex- Secretary shall distribute, through such means ‘‘(vi) Delay in sterilization of the device.
pertise regarding drug shortages.’’. as the Secretary determines appropriate, infor- ‘‘(vii) Demand increase for the device.
(e) REPORTING REQUIREMENT.—Section 510(j) mation on the discontinuance or interruption of ‘‘(viii) Facility closure.
of the Federal Food, Drug, Cosmetic Act (21 the manufacture of devices reported under sub- ‘‘(D) The estimated duration of the shortage
U.S.C. 360(j)) is amended— section (a) to appropriate organizations, includ- as determined by the Secretary.
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H1754 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(3) PUBLIC AVAILABILITY.— ‘‘(C) is developed in and authorized by a State (3) ADDITIONAL TERMS.—In this section, the
‘‘(A) IN GENERAL.—Subject to subparagraphs that has notified the Secretary of Health and terms ‘‘group health plan’’, ‘‘health insurance
(B) and (C), the Secretary shall make the infor- Human Services of its intention to review tests issuer’’, ‘‘group health insurance coverage’’,
mation in the list under paragraph (1) publicly intended to diagnose COVID–19; or and ‘‘individual health insurance coverage’’
available. ‘‘(D) other test that the Secretary determines have the meanings given such terms in section
‘‘(B) TRADE SECRETS AND CONFIDENTIAL IN- appropriate in guidance.’’. 2791 of the Public Health Service Act (42 U.S.C.
FORMATION.—Nothing in this subsection shall be SEC. 3202. PRICING OF DIAGNOSTIC TESTING. 300gg–91), section 733 of the Employee Retire-
construed to alter or amend section 1905 of title (a) REIMBURSEMENT RATES.—A group health ment Income Security Act of 1974 (29 U.S.C.
18, United States Code, or section 552(b)(4) of plan or a health insurance issuer providing cov- 1191b), and section 9832 of the Internal Revenue
title 5 of such Code. erage of items and services described in section Code, as applicable.
‘‘(C) PUBLIC HEALTH EXCEPTION.—The Sec- 6001(a) of division F of the Families First Subpart B—Support for Health Care
retary may elect not to make information col- Coronavirus Response Act (Public Law 116–127) Providers
lected under this subsection publicly available if with respect to an enrollee shall reimburse the SEC. 3211. SUPPLEMENTAL AWARDS FOR HEALTH
the Secretary determines that disclosure of such provider of the diagnostic testing as follows: CENTERS.
information would adversely affect the public (1) If the health plan or issuer has a nego- (a) SUPPLEMENTAL AWARDS.—Section 330(r) of
health (such as by increasing the possibility of tiated rate with such provider in effect before the Public Health Service Act (42 U.S.C. 254b(r))
hoarding or other disruption of the availability the public health emergency declared under sec- is amended by adding at the end the following:
of the device to patients). tion 319 of the Public Health Service Act (42 ‘‘(6) ADDITIONAL AMOUNTS FOR SUPPLEMENTAL
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this U.S.C. 247d), such negotiated rate shall apply AWARDS.—In addition to any amounts made
section shall be construed to affect the authority throughout the period of such declaration. available pursuant to this subsection, section
of the Secretary on the date of enactment of this (2) If the health plan or issuer does not have 402A of this Act, or section 10503 of the Patient
section to expedite the review of devices under a negotiated rate with such provider, such plan Protection and Affordable Care Act, there is au-
section 515 of the Federal Food, Drug, and Cos- or issuer shall reimburse the provider in an thorized to be appropriated, and there is appro-
metic Act, section 515B of such Act relating to amount that equals the cash price for such serv- priated, out of any monies in the Treasury not
the priority review program for devices, and sec- ice as listed by the provider on a public internet otherwise appropriated, $1,320,000,000 for fiscal
tion 564 of such Act relating to the emergency website, or such plan or issuer may negotiate a year 2020 for supplemental awards under sub-
use authorization authorities. rate with such provider for less than such cash section (d) for the detection of SARS–CoV–2 or
‘‘(i) DEFINITIONS.—In this section: price. the prevention, diagnosis, and treatment of
‘‘(1) MEANINGFUL DISRUPTION.—The term (b) REQUIREMENT TO PUBLICIZE CASH PRICE
COVID–19.’’.
‘meaningful disruption’— FOR DIAGNOSTIC TESTING FOR COVID–19.—
(b) APPLICATION OF PROVISIONS.—Amounts
‘‘(A) means a change in production that is (1) IN GENERAL.—During the emergency period
appropriated pursuant to the amendment made
reasonably likely to lead to a reduction in the declared under section 319 of the Public Health
by subsection (a) for fiscal year 2020 shall be
supply of a device by a manufacturer that is Service Act (42 U.S.C. 247d), each provider of a
subject to the requirements contained in Public
more than negligible and affects the ability of diagnostic test for COVID–19 shall make public
Law 116–94 for funds for programs authorized
the manufacturer to fill orders or meet expected the cash price for such test on a public internet
under sections 330 through 340 of the Public
demand for its product; website of such provider.
(2) CIVIL MONETARY PENALTIES.—The Sec- Health Service Act (42 U.S.C. 254 through 256).
‘‘(B) does not include interruptions in manu-
retary of Health and Human Services may im- SEC. 3212. TELEHEALTH NETWORK AND TELE-
facturing due to matters such as routine mainte-
HEALTH RESOURCE CENTERS
nance or insignificant changes in manufac- pose a civil monetary penalty on any provider of GRANT PROGRAMS.
turing so long as the manufacturer expects to a diagnostic test for COVID–19 that is not in
Section 330I of the Public Health Service Act
resume operations in a short period of time, not compliance with paragraph (1) and has not
(42 U.S.C. 254c–14) is amended—
to exceed 6 months; completed a corrective action plan to comply (1) in subsection (d)—
‘‘(C) does not include interruptions in manu- with the requirements of such paragraph, in an (A) in paragraph (1)—
facturing of components or raw materials so amount not to exceed $300 per day that the vio- (i) in the matter preceding subparagraph (A),
long as such interruptions do not result in a lation is ongoing. by striking ‘‘projects to demonstrate how tele-
shortage of the device and the manufacturer ex- SEC. 3203. RAPID COVERAGE OF PREVENTIVE health technologies can be used through tele-
pects to resume operations in a reasonable pe- SERVICES AND VACCINES FOR
health networks’’ and inserting ‘‘evidence-based
riod of time; and CORONAVIRUS.
projects that utilize telehealth technologies
‘‘(D) does not include interruptions in manu- (a) IN GENERAL.—Notwithstanding 2713(b) of
through telehealth networks’’;
facturing that do not lead to a reduction in pro- the Public Health Service Act (42 U.S.C. 300gg– (ii) in subparagraph (A)—
cedures or diagnostic tests associated with a 13), the Secretary of Health and Human Serv- (I) by striking ‘‘the quality of’’ and inserting
medical device designed to perform more than ices, the Secretary of Labor, and the Secretary ‘‘access to, and the quality of,’’; and
one procedure or diagnostic test. of the Treasury shall require group health plans (II) by inserting ‘‘and’’ after the semicolon;
‘‘(2) SHORTAGE.—The term ‘shortage’, with re- and health insurance issuers offering group or (iii) by striking subparagraph (B);
spect to a device, means a period of time when individual health insurance to cover (without (iv) by redesignating subparagraph (C) as
the demand or projected demand for the device cost-sharing) any qualifying coronavirus pre- subparagraph (B); and
within the United States exceeds the supply of ventive service, pursuant to section 2713(a) of (v) in subparagraph (B), as so redesignated,
the device.’’. the Public Health Service Act (42 U.S.C. 300gg– by striking ‘‘and patients and their families, for
PART II—ACCESS TO HEALTH CARE FOR 13(a)) (including the regulations under sections decisionmaking’’ and inserting ‘‘, patients, and
COVID–19 PATIENTS 2590.715–2713 of title 29, Code of Federal Regula- their families’’; and
tions, section 54.9815–2713 of title 26, Code of (B) in paragraph (2)—
Subpart A—Coverage of Testing and
Federal Regulations, and section 147.130 of title (i) by striking ‘‘demonstrate how telehealth
Preventive Services
45, Code of Federal Regulations (or any suc- technologies can be used’’ and inserting ‘‘sup-
SEC. 3201. COVERAGE OF DIAGNOSTIC TESTING cessor regulations)). The requirement described port initiatives that utilize telehealth tech-
FOR COVID–19. in this subsection shall take effect with respect nologies’’; and
Paragraph (1) of section 6001(a) of division F to a qualifying coronavirus preventive service (ii) by striking ‘‘, to establish telehealth re-
of the Families First Coronavirus Response Act on the specified date described in subsection source centers’’;
(Public Law 116–127) is amended to read as fol- (b)(2). (2) in subsection (e), by striking ‘‘4 years’’ and
lows: (b) DEFINITIONS.—For purposes of this section: inserting ‘‘5 years’’;
‘‘(1) An in vitro diagnostic test defined in sec- (1) QUALIFYING CORONAVIRUS PREVENTIVE (3) in subsection (f)—
tion 809.3 of title 21, Code of Federal Regula- SERVICE.—The term ‘‘qualifying coronavirus (A) by striking paragraph (2);
tions (or successor regulations) for the detection preventive service’’ means an item, service, or (B) in paragraph (1)(B)—
of SARS–CoV–2 or the diagnosis of the virus immunization that is intended to prevent or (i) by redesignating clauses (i) through (iii) as
that causes COVID–19, and the administration mitigate coronavirus disease 2019 and that is— paragraphs (1) through (3), respectively, and
of such a test, that— (A) an evidence-based item or service that has adjusting the margins accordingly;
‘‘(A) is approved, cleared, or authorized under in effect a rating of ‘‘A’’ or ‘‘B’’ in the current (ii) in paragraph (3), as so redesignated by
section 510(k), 513, 515, or 564 of the Federal recommendations of the United States Preven- clause (i), by redesignating subclauses (I)
Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), tive Services Task Force; or through (XII) as subparagraphs (A) through
360c, 360e, 360bbb–3); (B) an immunization that has in effect a rec- (L), respectively, and adjusting the margins ac-
‘‘(B) the developer has requested, or intends ommendation from the Advisory Committee on cordingly; and
to request, emergency use authorization under Immunization Practices of the Centers for Dis- (iii) by striking ‘‘(1) TELEHEALTH NETWORK
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section 564 of the Federal Food, Drug, and Cos- ease Control and Prevention with respect to the GRANTS—’’ and all that follows through ‘‘(B)
metic Act (21 U.S.C. 360bbb–3), unless and until individual involved. TELEHEALTH NETWORKS—’’; and
the emergency use authorization request under (2) SPECIFIED DATE.—The term ‘‘specified (C) in paragraph (3)(I), as so redesignated, by
such section 564 has been denied or the devel- date’’ means the date that is 15 business days inserting ‘‘and substance use disorder’’ after
oper of such test does not submit a request after the date on which a recommendation is ‘‘mental health’’ each place such term appears;
under such section within a reasonable time- made relating to the qualifying coronavirus pre- (4) in subsection (g)(2), by striking ‘‘or im-
frame; ventive service as described in such paragraph. prove’’ and inserting ‘‘and improve’’;
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1755
(5) by striking subsection (h); (iii) in subparagraphs (B) and (C), by striking and submit to the Committee on Health, Edu-
(6) by redesignating subsections (i) through ‘‘shall’’ each place such term appears; and cation, Labor, and Pensions of the Senate and
(p) as subsection (h) through (o), respectively; (iv) in subparagraph (B)— the Committee on Energy and Commerce of the
(7) in subsection (h), as so redesignated— (I) in the matter preceding clause (i), by in- House of Representatives a report on the activi-
(A) in paragraph (1)— serting ‘‘that’’ after ‘‘members’’; and ties and outcomes of the grant programs under
(i) in subparagraph (B), by striking ‘‘mental (II) in clauses (i) and (ii), by striking ‘‘that’’ subsections (e), (f), and (g), including the im-
health, public health, long-term care, home each place such term appears; and pact of projects funded under such programs on
care, preventive’’ and inserting ‘‘mental health (C) in paragraph (3)(C), by striking ‘‘the local the health status of rural residents with chronic
care, public health services, long-term care, community or region’’ and inserting ‘‘the rural conditions.’’; and
home care, preventive care’’; underserved populations in the local community (7) in subsection (j), by striking ‘‘$45,000,000
(ii) in subparagraph (E), by inserting ‘‘and re- or region’’; for each of fiscal years 2008 through 2012’’ and
gional’’ after ‘‘local’’; and (3) in subsection (f)— inserting ‘‘$79,500,000 for each of fiscal years
(iii) by striking subparagraph (F); and (A) in paragraph (1)— 2021 through 2025’’.
(B) in paragraph (2)(A), by striking ‘‘medi- (i) in subparagraph (A)— SEC. 3214. UNITED STATES PUBLIC HEALTH SERV-
cally underserved areas or’’ and inserting (I) in the matter preceding clause (i), by strik- ICE MODERNIZATION.
‘‘rural areas, medically underserved areas, or’’; ing ‘‘promote, through planning and implemen- (a) COMMISSIONED CORPS AND READY RESERVE
(8) in paragraph (2) of subsection (i), as so re- tation, the development of integrated health CORPS.—Section 203 of the Public Health Service
designated, by striking ‘‘ensure that—’’ and all care networks that have combined the functions Act (42 U.S.C. 204) is amended—
that follows through the end of subparagraph of the entities participating in the networks’’ (1) in subsection (a)(1), by striking ‘‘a Ready
(B) and inserting ‘‘ensure that not less than 50 and inserting ‘‘plan, develop, and implement in- Reserve Corps for service in time of national
percent of the funds awarded shall be awarded tegrated health care networks that collaborate’’; emergency’’ and inserting ‘‘, for service in time
for projects in rural areas.’’; and of a public health or national emergency, a
(9) in subsection (j), as so redesignated— (II) in clause (ii), by striking ‘‘essential health Ready Reserve Corps’’; and
(A) in paragraph (1)(B), by striking ‘‘com- care services’’ and inserting ‘‘basic health care (2) in subsection (c)—
puter hardware and software, audio and video services and associated health outcomes’’; and (A) in the heading, by striking ‘‘RESEARCH’’
equipment, computer network equipment, inter- (ii) by amending subparagraph (B) to read as and inserting ‘‘RESERVE CORPS’’;
active equipment, data terminal equipment, and follows: (B) in paragraph (1), by inserting ‘‘during
other’’; and ‘‘(B) GRANT PERIODS.—The Director may public health or national emergencies’’ before
(B) in paragraph (2)(F), by striking ‘‘health award grants under this subsection for periods the period;
care providers and’’; of not more than 5 years.’’; (C) in paragraph (2)—
(10) in subsection (k), as so redesignated— (B) in paragraph (2)— (i) in the matter preceding subparagraph (A),
(A) in paragraph (2), by striking ‘‘40 percent’’ (i) in the matter preceding subparagraph (A), by inserting ‘‘, consistent with paragraph (1)’’
and inserting ‘‘20 percent’’; and by inserting ‘‘shall’’ after ‘‘entity’’; after ‘‘shall’’;
(B) in paragraph (3), by striking ‘‘(such as (ii) in subparagraph (A), by striking ‘‘shall be (ii) in subparagraph (C), by inserting ‘‘during
laying cable or telephone lines, or purchasing or a rural public or rural nonprofit private entity’’ such emergencies’’ after ‘‘members’’; and
installing microwave towers, satellite dishes, and inserting ‘‘be an entity with demonstrated (iii) in subparagraph (D), by inserting ‘‘, con-
amplifiers, or digital switching equipment)’’; experience serving, or the capacity to serve, sistent with subparagraph (C)’’ before the pe-
(11) by striking subsections (q) and (r) and in- rural underserved populations’’; riod; and
serting the following: (iii) in subparagraph (B)— (D) by adding at the end the following:
‘‘(p) REPORT.—Not later than 4 years after the (I) in the matter preceding clause (i)— ‘‘(3) STATUTORY REFERENCES TO RESERVE.—A
date of enactment of the Coronavirus Aid, Re- (aa) by striking ‘‘shall’’; and reference in any Federal statute, except in the
lief, and Economic Security Act, and every 5 (bb) by inserting ‘‘that’’ after ‘‘participants’’; case of subsection (b), to the ‘Reserve Corps’ of
years thereafter, the Secretary shall prepare and the Public Health Service or to the ‘reserve’ of
and submit to the Committee on Health, Edu- (II) in clauses (i) and (ii), by striking ‘‘that’’ the Public Health Service shall be deemed to be
cation, Labor, and Pensions of the Senate and each place such term appears; and a reference to the Ready Reserve Corps.’’.
the Committee on Energy and Commerce of the (iv) in subparagraph (C), by striking ‘‘shall’’; (b) DEPLOYMENT READINESS.—Section
House of Representatives a report on the activi- and 203A(a)(1)(B) of the Public Health Service Act
ties and outcomes of the grant programs under (C) in paragraph (3)— (42 U.S.C. 204a(a)(1)(B)) is amended by striking
subsection (b).’’; (i) by amending clause (iii) of subparagraph ‘‘Active Reserves’’ and inserting ‘‘Ready Re-
(12) by redesignating subsection (s) as sub- (C) to read as follows: serve Corps’’.
section (q); and ‘‘(iii) how the rural underserved populations (c) RETIREMENT OF COMMISSIONED OFFI-
(13) in subsection (q), as so redesignated, by in the local community or region to be served CERS.—Section 211 of the Public Health Service
striking ‘‘this section—’’ and all that follows will benefit from and be involved in the develop- Act (42 U.S.C. 212) is amended—
through the end of paragraph (2) and inserting ment and ongoing operations of the network;’’; (1) by striking ‘‘the Service’’ each place it ap-
‘‘this section $29,000,000 for each of fiscal years and pears and inserting ‘‘the Regular Corps’’;
2021 through 2025.’’. (ii) in subparagraph (D), by striking ‘‘the (2) in subsection (a)(4), by striking ‘‘(in the
SEC. 3213. RURAL HEALTH CARE SERVICES OUT- local community or region’’ and inserting ‘‘the case of an officer in the Reserve Corps)’’;
REACH, RURAL HEALTH NETWORK rural underserved populations in the local com-
DEVELOPMENT, AND SMALL HEALTH (3) in subsection (c)—
CARE PROVIDER QUALITY IMPROVE-
munity or region’’; (A) in paragraph (1)—
MENT GRANT PROGRAMS. (4) in subsection (g)— (i) by striking ‘‘or an officer of the Reserve
Section 330A of the Public Health Service Act (A) in paragraph (1)— Corps’’; and
(42 U.S.C. 254c) is amended— (i) by inserting ‘‘, including activities related (ii) by inserting ‘‘or under section 221(a)(19)’’
(1) in subsection (d)(2)— to increasing care coordination, enhancing after ‘‘subsection (a)’’; and
(A) in subparagraph (A), by striking ‘‘essen- chronic disease management, and improving pa- (B) in paragraph (2), by striking ‘‘Regular or
tial’’ and inserting ‘‘basic’’; and tient health outcomes’’ before the period of the Reserve Corps’’ and inserting ‘‘Regular Corps or
(B) in subparagraph (B)— first sentence; and Ready Reserve Corps’’; and
(i) in the matter preceding clause (i), by in- (ii) by striking ‘‘3 years’’ and inserting ‘‘5 (4) in subsection (f), by striking ‘‘the Regular
serting ‘‘to’’ after ‘‘grants’’; and years’’; or Reserve Corps of’’.
(ii) in clauses (i), (ii), and (iii), by striking (B) in paragraph (2)— (d) RIGHTS, PRIVILEGES, ETC. OF OFFICERS AND
‘‘to’’ each place such term appears; (i) in the matter preceding subparagraph (A), SURVIVING BENEFICIARIES.—Section 221 of the
(2) in subsection (e)— by inserting ‘‘shall’’ after ‘‘entity’’; Public Health Service Act (42 U.S.C. 213a) is
(A) in paragraph (1)— (ii) in subparagraphs (A) and (B), by striking amended—
(i) by inserting ‘‘improving and’’ after ‘‘out- ‘‘shall’’ each place such term appears; and (1) in subsection (a), by adding at the end the
reach by’’; (iii) in subparagraph (A)(ii), by inserting ‘‘or following:
(ii) by inserting ‘‘, through community en- regional’’ after ‘‘local’’; and ‘‘(19) Chapter 1223, Retired Pay for Non-Reg-
gagement and evidence-based or innovative, evi- (C) in paragraph (3)(D), by striking ‘‘the local ular Service.
dence-informed models’’ before the period of the community or region’’ and inserting ‘‘the rural ‘‘(20) Section 12601, Compensation: Reserve on
first sentence; and underserved populations in the local community active duty accepting from any person.
(iii) by striking ‘‘3 years’’ and inserting ‘‘5 or region’’; ‘‘(21) Section 12684, Reserves: separation for
years’’; (5) in subsection (h)(3), in the matter pre- absence without authority or sentence to impris-
(B) in paragraph (2)— ceding subparagraph (A), by inserting ‘‘, as ap- onment.’’; and
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(i) in the matter preceding subparagraph (A), propriate,’’ after ‘‘the Secretary’’; (2) in subsection (b)—
by inserting ‘‘shall’’ after ‘‘entity’’; (6) by amending subsection (i) to read as fol- (A) by striking ‘‘Secretary of Health, Edu-
(ii) in subparagraph (A), by striking ‘‘shall be lows: cation, and Welfare or his designee’’ and insert-
a rural public or rural nonprofit private entity’’ ‘‘(i) REPORT.—Not later than 4 years after the ing ‘‘Secretary of Health and Human Services or
and inserting ‘‘be an entity with demonstrated date of enactment of the Coronavirus Aid, Re- the designee of such secretary’’;
experience serving, or the capacity to serve, lief, and Economic Security Act, and every 5 (B) by striking ‘‘(b) The authority vested’’
rural underserved populations’’; years thereafter, the Secretary shall prepare and inserting the following:
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H1756 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(b)(1) The authority vested’’; tified under Federal or State law to provide disclosed by a covered entity, business associate,
(C) by striking ‘‘For purposes of’’ and insert- health care services; or a program subject to this section for purposes
ing the following: (3) the term ‘‘health care services’’ means any of treatment, payment, and health care oper-
‘‘(2) For purposes of’’; and services provided by a health care professional, ations as permitted by the HIPAA regulations.
(D) by adding at the end the following: or by any individual working under the super- Any information so disclosed may then be redis-
‘‘(3) For purposes of paragraph (19) of sub- vision of a health care professional that relate closed in accordance with the HIPAA regula-
section (a), the terms ‘Military department’, to— tions. Section 13405(c) of the Health Information
‘Secretary concerned’, and ‘Armed forces’ in (A) the diagnosis, prevention, or treatment of Technology and Clinical Health Act (42 U.S.C.
such title 10 shall be deemed to include, respec- COVID–19; or 17935(c)) shall apply to all disclosures pursuant
tively, the Department of Health and Human (B) the assessment or care of the health of a to subsection (b)(1) of this section.
Services, the Secretary of Health and Human human being related to an actual or suspected ‘‘(C) It shall be permissible for a patient’s
Services, and the Commissioned Corps.’’. case of COVID–19; and prior written consent to be given once for all
(e) TECHNICAL AMENDMENTS.—Title II of the (4) the term ‘‘volunteer’’ means a health care such future uses or disclosures for purposes of
Public Health Service Act (42 U.S.C. 202 et seq.) professional who, with respect to the health treatment, payment, and health care operations,
is amended— care services rendered, does not receive com- until such time as the patient revokes such con-
(1) in sections 204 and 207(c), by striking pensation or any other thing of value in lieu of sent in writing.
‘‘Regular or Reserve Corps’’ each place it ap- compensation, which compensation— ‘‘(D) Section 13405(a) of the Health Informa-
pears and inserting ‘‘Regular Corps or Ready (A) includes a payment under any insurance tion Technology and Clinical Health Act (42
Reserve Corps’’; policy or health plan, or under any Federal or U.S.C. 17935(a)) shall apply to all disclosures
(2) in section 208(a), by striking ‘‘Regular and State health benefits program; and pursuant to subsection (b)(1) of this section.’’.
Reserve Corps’’ each place it appears and in- (B) excludes— (c) DISCLOSURES OF DE-IDENTIFIED HEALTH
serting ‘‘Regular Corps and Ready Reserve (i) receipt of items to be used exclusively for INFORMATION TO PUBLIC HEALTH AUTHORI-
Corps’’; and rendering health care services in the health care TIES.—Paragraph (2) of section 543(b) of the
(3) in section 205(c), 206(c), 210, and 219, and professional’s capacity as a volunteer described Public Health Service Act (42 U.S.C. 290dd–2(b)),
in subsections (a), (b), and (d) of section 207, by in subsection (a)(1); and is amended by adding at the end the following:
striking ‘‘Reserve Corps’’ each place it appears (ii) any reimbursement for travel to the site ‘‘(D) To a public health authority, so long as
and inserting ‘‘Ready Reserve Corps’’. where the volunteer services are rendered and such content meets the standards established in
SEC. 3215. LIMITATION ON LIABILITY FOR VOLUN- any payments in cash or kind to cover room and section 164.514(b) of title 45, Code of Federal
TEER HEALTH CARE PROFES- board, if services are being rendered more than Regulations (or successor regulations) for cre-
SIONALS DURING COVID–19 EMER- 75 miles from the volunteer’s principal place of ating de-identified information.’’.
GENCY RESPONSE. residence. (d) DEFINITIONS.—Section 543 of the Public
(a) LIMITATION ON LIABILITY.—Except as pro- (e) EFFECTIVE DATE.—This section shall take Health Service Act (42 U.S.C. 290dd–2) is amend-
vided in subsection (b), a health care profes- effect upon the date of enactment of this Act, ed by adding at the end the following:
sional shall not be liable under Federal or State and applies to a claim for harm only if the act ‘‘(k) DEFINITIONS.—For purposes of this sec-
law for any harm caused by an act or omission or omission that caused such harm occurred on tion:
of the professional in the provision of health or after the date of enactment. ‘‘(1) BREACH.—The term ‘breach’ has the
care services during the public health emergency (f) SUNSET.—This section shall be in effect meaning given such term for purposes of the
with respect to COVID–19 declared by the Sec- only for the length of the public health emer- HIPAA regulations.
retary of Health and Human Services (referred gency declared by the Secretary of Health and ‘‘(2) BUSINESS ASSOCIATE.—The term ‘business
to in this section as the ‘‘Secretary’’) under sec- Human Services (referred to in this section as associate’ has the meaning given such term for
tion 319 of the Public Health Service Act (42 the ‘‘Secretary’’) under section 319 of the Public purposes of the HIPAA regulations.
U.S.C. 247d) on January 31, 2020, if— Health Service Act (42 U.S.C. 247d) on January ‘‘(3) COVERED ENTITY.—The term ‘covered en-
(1) the professional is providing health care 31, 2020 with respect to COVID–19. tity’ has the meaning given such term for pur-
services in response to such public health emer- SEC. 3216. FLEXIBILITY FOR MEMBERS OF NA- poses of the HIPAA regulations.
gency, as a volunteer; and TIONAL HEALTH SERVICE CORPS ‘‘(4) HEALTH CARE OPERATIONS.—The term
(2) the act or omission occurs— DURING EMERGENCY PERIOD. ‘health care operations’ has the meaning given
(A) in the course of providing health care During the public health emergency declared such term for purposes of the HIPAA regula-
services; by the Secretary of Health and Human Services tions.
(B) in the health care professional’s capacity under section 319 of the Public Health Service ‘‘(5) HIPAA REGULATIONS.—The term ‘HIPAA
as a volunteer; Act (42 U.S.C. 247d) on January 31, 2020, with regulations’ has the meaning given such term
(C) in the course of providing health care respect to COVID–19, the Secretary may, not- for purposes of parts 160 and 164 of title 45,
services that— withstanding section 333 of the Public Health Code of Federal Regulations.
(i) are within the scope of the license, reg- Service Act (42 U.S.C. 254f), assign members of ‘‘(6) PAYMENT.—The term ‘payment’ has the
istration, or certification of the volunteer, as de- the National Health Service Corps, with the vol- meaning given such term for purposes of the
fined by the State of licensure, registration, or untary agreement of such corps members, to pro- HIPAA regulations.
certification; and ‘‘(7) PUBLIC HEALTH AUTHORITY.—The term
vide such health services at such places, and for
(ii) do not exceed the scope of license, registra- ‘public health authority’ has the meaning given
such number of hours, as the Secretary deter-
tion, or certification of a substantially similar such term for purposes of the HIPAA regula-
mines necessary to respond to such emergency,
health professional in the State in which such tions.
provided that such places are within a reason- ‘‘(8) TREATMENT.—The term ‘treatment’ has
act or omission occurs; and able distance of the site to which such members
(D) in a good faith belief that the individual the meaning given such term for purposes of the
were originally assigned, and the total number HIPAA regulations.
being treated is in need of health care services.
of hours required are the same as were required ‘‘(9) UNSECURED PROTECTED HEALTH INFORMA-
(b) EXCEPTIONS.—Subsection (a) does not
apply if— of such members prior to the date of enactment TION.—The term ‘unprotected health informa-
(1) the harm was caused by an act or omission of this Act. tion’ has the meaning given such term for pur-
constituting willful or criminal misconduct, Subpart C—Miscellaneous Provisions poses of the HIPAA regulations.’’.
gross negligence, reckless misconduct, or a con- SEC. 3221. CONFIDENTIALITY AND DISCLOSURE (e) USE OF RECORDS IN CRIMINAL, CIVIL, OR
scious flagrant indifference to the rights or safe- OF RECORDS RELATING TO SUB- ADMINISTRATIVE INVESTIGATIONS, ACTIONS, OR
ty of the individual harmed by the health care STANCE USE DISORDER. PROCEEDINGS.—Subsection (c) of section 543 of
professional; or (a) CONFORMING CHANGES RELATING TO SUB- the Public Health Service Act (42 U.S.C. 290dd–
(2) the health care professional rendered the STANCE USE DISORDER.—Subsections (a) and (h) 2(c)) is amended to read as follows:
health care services under the influence (as de- of section 543 of the Public Health Service Act ‘‘(c) USE OF RECORDS IN CRIMINAL, CIVIL, OR
termined pursuant to applicable State law) of (42 U.S.C. 290dd–2) are each amended by strik- ADMINISTRATIVE CONTEXTS.—Except as other-
alcohol or an intoxicating drug. ing ‘‘substance abuse’’ and inserting ‘‘substance wise authorized by a court order under sub-
(c) PREEMPTION.— use disorder’’. section (b)(2)(C) or by the consent of the pa-
(1) IN GENERAL.—This section preempts the (b) DISCLOSURES TO COVERED ENTITIES CON- tient, a record referred to in subsection (a), or
laws of a State or any political subdivision of a SISTENT WITH HIPAA.—Paragraph (1) of section testimony relaying the information contained
State to the extent that such laws are incon- 543(b) of the Public Health Service Act (42 therein, may not be disclosed or used in any
sistent with this section, unless such laws pro- U.S.C. 290dd–2(b)) is amended to read as fol- civil, criminal, administrative, or legislative pro-
vide greater protection from liability. lows: ceedings conducted by any Federal, State, or
(2) VOLUNTEER PROTECTION ACT.—Protections ‘‘(1) CONSENT.—The following shall apply local authority, against a patient, including
afforded by this section are in addition to those with respect to the contents of any record re- with respect to the following activities:
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provided by the Volunteer Protection Act of 1997 ferred to in subsection (a): ‘‘(1) Such record or testimony shall not be en-
(Public Law 105–19). ‘‘(A) Such contents may be used or disclosed tered into evidence in any criminal prosecution
(d) DEFINITIONS.—In this section— in accordance with the prior written consent of or civil action before a Federal or State court.
(1) the term ‘‘harm’’ includes physical, non- the patient with respect to whom such record is ‘‘(2) Such record or testimony shall not form
physical, economic, and noneconomic losses; maintained. part of the record for decision or otherwise be
(2) the term ‘‘health care professional’’ means ‘‘(B) Once prior written consent of the patient taken into account in any proceeding before a
an individual who is licensed, registered, or cer- has been obtained, such contents may be used or Federal, State, or local agency.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1757
‘‘(3) Such record or testimony shall not be the date of enactment of this Act, the Secretary seq.) for such use as the State agency or area
used by any Federal, State, or local agency for of Health and Human Services, in consultation agency on aging, respectively, considers appro-
a law enforcement purpose or to conduct any with appropriate legal, clinical, privacy, and priate to meet the needs of the State or area
law enforcement investigation. civil rights experts, shall update section 164.520 served.
‘‘(4) Such record or testimony shall not be of title 45, Code of Federal Regulations, so that (c) HOME-DELIVERED NUTRITION SERVICES
used in any application for a warrant.’’. covered entities and entities creating or main- WAIVER.—For purposes of State agencies’ deter-
(f) PENALTIES.—Subsection (f) of section 543 of taining the records described in subsection (a) mining the delivery of nutrition services under
the Public Health Service Act (42 U.S.C. 290dd– provide notice, written in plain language, of pri- section 337 of the Older Americans Act of 1965
2) is amended to read as follows: vacy practices regarding patient records referred (42 U.S.C. 3030g), during the period of the
‘‘(f) PENALTIES.—The provisions of sections to in section 543(a) of the Public Health Service COVID–19 public health emergency declared
1176 and 1177 of the Social Security Act shall Act (42 U.S.C. 290dd–2(a)), including— under section 319 of the Public Health Service
apply to a violation of this section to the extent (A) a statement of the patient’s rights, includ- Act (42 U.S.C. 247d), the same meaning shall be
and in the same manner as such provisions ing self-pay patients, with respect to protected given to an individual who is unable to obtain
apply to a violation of part C of title XI of such health information and a brief description of nutrition because the individual is practicing
Act. In applying the previous sentence— how the individual may exercise these rights (as social distancing due to the emergency as is
‘‘(1) the reference to ‘this subsection’ in sub- required by subsection (b)(1)(iv) of such section given to an individual who is homebound by
section (a)(2) of such section 1176 shall be treat- 164.520); and reason of illness.
ed as a reference to ‘this subsection (including (B) a description of each purpose for which (d) DIETARY GUIDELINES WAIVER.—To facili-
as applied pursuant to section 543(f) of the Pub- the covered entity is permitted or required to use tate implementation of subparts 1 and 2 of part
lic Health Service Act)’; and or disclose protected health information without C of title III of the Older Americans Act of 1965
‘‘(2) in subsection (b) of such section 1176— (42 U.S.C. 3030d–2 et seq.) during any portion of
the patient’s written authorization (as required
‘‘(A) each reference to ‘a penalty imposed the COVID–19 public health emergency declared
by subsection (b)(2) of such section 164.520).
under subsection (a)’ shall be treated as a ref- under section 319 of the Public Health Service
(j) RULES OF CONSTRUCTION.—Nothing in this
erence to ‘a penalty imposed under subsection Act (42 U.S.C. 247d), the Assistant Secretary
Act or the amendments made by this Act shall be
(a) (including as applied pursuant to section may waive the requirements for meals provided
construed to limit—
543(f) of the Public Health Service Act)’; and under those subparts to comply with the re-
‘‘(B) each reference to ‘no damages obtained (1) a patient’s right, as described in section
164.522 of title 45, Code of Federal Regulations, quirements of clauses (i) and (ii) of section
under subsection (d)’ shall be treated as a ref-
or any successor regulation, to request a restric- 339(2)(A) of such Act (42 U.S.C. 3030g–21(2)(A)).
erence to ‘no damages obtained under sub-
tion on the use or disclosure of a record referred SEC. 3223. CONTINUITY OF SERVICE AND OPPOR-
section (d) (including as applied pursuant to TUNITIES FOR PARTICIPANTS IN
section 543(f) of the Public Health Service to in section 543(a) of the Public Health Service
Act (42 U.S.C. 290dd–2(a)) for purposes of treat- COMMUNITY SERVICE ACTIVITIES
Act)’.’’. UNDER TITLE V OF THE OLDER
(g) ANTIDISCRIMINATION.—Section 543 of the ment, payment, or health care operations; or AMERICANS ACT OF 1965.
Public Health Service Act (42 U.S.C. 290dd–2) is (2) a covered entity’s choice, as described in
To ensure continuity of service and opportu-
amended by inserting after subsection (h) the section 164.506 of title 45, Code of Federal Regu-
nities for participants in community service ac-
following: lations, or any successor regulation, to obtain
tivities under title V of the Older Americans Act
‘‘(i) ANTIDISCRIMINATION.— the consent of the individual to use or disclose
of 1965 (42 U.S.C. 3056 et seq.), the Secretary of
‘‘(1) IN GENERAL.—No entity shall discriminate a record referred to in such section 543(a) to
Labor—
against an individual on the basis of informa- carry out treatment, payment, or health care (1)(A) may allow individuals participating in
tion received by such entity pursuant to an in- operation. projects under such title as of March 1, 2020, to
advertent or intentional disclosure of records, or (k) SENSE OF CONGRESS.—It is the sense of the extend their participation for a period that ex-
information contained in records, described in Congress that— ceeds the period described in section
subsection (a) in— (1) any person treating a patient through a 518(a)(3)(B)(i) of such Act (42 U.S.C.
‘‘(A) admission, access to, or treatment for program or activity with respect to which the 3056p(a)(3)(B)(i)) if the Secretary determines
health care; confidentiality requirements of section 543 of the such extension is appropriate due to the effects
‘‘(B) hiring, firing, or terms of employment, or Public Health Service Act (42 U.S.C. 290dd–2) of the COVID–19 public health emergency de-
receipt of worker’s compensation; apply is encouraged to access the applicable clared under section 319 of the Public Health
‘‘(C) the sale, rental, or continued rental of State-based prescription drug monitoring pro- Service Act (42 U.S.C. 247d); and
housing; gram when clinically appropriate; (B) may increase the average participation
‘‘(D) access to Federal, State, or local courts; (2) patients have the right to request a restric- cap for eligible individuals applicable to grant-
or tion on the use or disclosure of a record referred
‘‘(E) access to, approval of, or maintenance of ees as described in section 502(b)(1)(C) of the
to in section 543(a) of the Public Health Service Older Americans Act of 1965 (42 U.S.C.
social services and benefits provided or funded Act (42 U.S.C. 290dd–2(a)) for treatment, pay-
by Federal, State, or local governments. 3056(b)(1)(C)) to a cap the Secretary determines
ment, or health care operations; is appropriate due to the effects of the COVID–
‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—No re- (3) covered entities should make every reason-
cipient of Federal funds shall discriminate 19 public health emergency declared under sec-
able effort to the extent feasible to comply with tion 319 of the Public Health Service Act (42
against an individual on the basis of informa- a patient’s request for a restriction regarding
tion received by such recipient pursuant to an U.S.C. 247d); and
such use or disclosure; (2) may increase the amount available to pay
intentional or inadvertent disclosure of such (4) for purposes of applying section 164.501 of
records or information contained in records de- the authorized administrative costs for a project,
title 45, Code of Federal Regulations, the defini- described in section 502(c)(3) of the Older Ameri-
scribed in subsection (a) in affording access to tion of health care operations shall have the
the services provided with such funds.’’. cans Act of 1965 (42 U.S.C. 3056(c)(3)) to an
meaning given such term in such section, except amount not to exceed 20 percent of the grant
(h) NOTIFICATION IN CASE OF BREACH.—Sec-
that clause (v) of paragraph (6) shall not apply; amount if the Secretary determines that such in-
tion 543 of the Public Health Service Act (42
and crease is necessary to adequately respond to the
U.S.C. 290dd–2), as amended by subsection (g),
(5) programs creating records referred to in additional administrative needs to respond to
is further amended by inserting after subsection
section 543(a) of the Public Health Service Act the COVID–19 public health emergency declared
(i) the following:
(42 U.S.C. 290dd–2(a)) should receive positive in- under section 319 of the Public Health Service
‘‘(j) NOTIFICATION IN CASE OF BREACH.—The
centives for discussing with their patients the Act (42 U.S.C. 247d).
provisions of section 13402 of the HITECH Act
benefits to consenting to share such records. SEC. 3224. GUIDANCE ON PROTECTED HEALTH IN-
(42 U.S.C. 17932) shall apply to a program or ac-
tivity described in subsection (a), in case of a SEC. 3222. NUTRITION SERVICES. FORMATION.
breach of records described in subsection (a), to (a) DEFINITIONS.—In this section, the terms Not later than 180 days after the date of en-
the same extent and in the same manner as such ‘‘Assistant Secretary’’, ‘‘Secretary’’, ‘‘State actment of this Act, the Secretary of Health and
provisions apply to a covered entity in the case agency’’, and ‘‘area agency on aging’’ have the Human Services shall issue guidance on the
of a breach of unsecured protected health infor- meanings given the terms in section 102 of the sharing of patients’ protected health informa-
mation.’’. Older Americans Act of 1965 (42 U.S.C. 3002). tion pursuant to section 160.103 of title 45, Code
(i) REGULATIONS.— (b) NUTRITION SERVICES TRANSFER CRI- of Federal Regulations (or any successor regula-
(1) IN GENERAL.—The Secretary of Health and TERIA.—During any portion of the COVID–19 tions) during the public health emergency de-
Human Services, in consultation with appro- public health emergency declared under section clared by the Secretary of Health and Human
priate Federal agencies, shall make such revi- 319 of the Public Health Service Act (42 U.S.C. Services under section 319 of the Public Health
sions to regulations as may be necessary for im- 247d), the Secretary shall allow a State agency Service Act (42 U.S.C. 247d) with respect to
plementing and enforcing the amendments made or an area agency on aging, without prior ap- COVID–19, during the emergency involving Fed-
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by this section, such that such amendments proval, to transfer not more than 100 percent of eral primary responsibility determined to exist
shall apply with respect to uses and disclosures the funds received by the State agency or area by the President under section 501(b) of the Rob-
of information occurring on or after the date agency on aging, respectively, and attributable ert T. Stafford Disaster Relief and Emergency
that is 12 months after the date of enactment of to funds appropriated under paragraph (1) or Assistance Act (42 U.S.C. 5191(b)) with respect
this Act. (2) of section 303(b) of the Older Americans Act to COVID–19, and during the national emer-
(2) EASILY UNDERSTANDABLE NOTICE OF PRI- of 1965 (42 U.S.C. 3023(b)), between subpart 1 gency declared by the President under the Na-
VACY PRACTICES.—Not later than 1 year after and subpart 2 of part C (42 U.S.C. 3030d–2 et tional Emergencies Act (50 U.S.C. 1601 et seq.)
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H1758 CONGRESSIONAL RECORD — HOUSE March 27, 2020
with respect to COVID–19. Such guidance shall ‘‘(iii) the extent to which the grantee coordi- Health, Education, Labor, and Pensions of the
include information on compliance with the reg- nated with the community in which the grantee Senate and the Committee on Energy and Com-
ulations promulgated pursuant to section 264(c) is located in the development of the project and merce of the House of Representatives, a report
of the Health Insurance Portability and Ac- delivery of services, including with respect to that shall include—
countability Act of 1996 (42 U.S.C. 1320d–2 note) technical assistance and mentorship pro- (1) a description of the activities carried out
and applicable policies, including such policies grams.’’; and under subsection (a);
that may come into effect during such emer- (5) by adding at the end the following: (2) a description of trends in blood supply do-
gencies. ‘‘(f) GAO REPORT.— nations; and
SEC. 3225. REAUTHORIZATION OF HEALTHY ‘‘(1) IN GENERAL.—Not later than 4 years after (3) an evaluation of the impact of the public
START PROGRAM. the date of the enactment of this subsection, the awareness campaign, including any geographic
Section 330H of the Public Health Service Act Comptroller General of the United States shall or population variations.
(42 U.S.C. 254c–8) is amended— conduct an independent evaluation, and submit
PART III—INNOVATION
(1) in subsection (a)— to the appropriate Committees of Congress a re-
(A) in paragraph (1), by striking ‘‘, during fis- port, concerning the Healthy Start program SEC. 3301. REMOVING THE CAP ON OTA DURING
cal year 2001 and subsequent years,’’; and under this section. PUBLIC HEALTH EMERGENCIES.
(B) in paragraph (2), by inserting ‘‘or increas- ‘‘(2) EVALUATION.—In conducting the evalua- Section 319L(c)(5)(A) of the Public Health
ing above the national average’’ after ‘‘areas tion under paragraph (1), the Comptroller Gen- Service Act (42 U.S.C. 247d–7e(c)(5)(A)) is
with high’’; eral shall consider, as applicable and appro- amended—
(2) in subsection (b)— priate, information from the evaluations under (1) by redesignating clause (iii) as clause (iv);
(A) in paragraph (1), by striking ‘‘consumers subsection (e)(2)(B). and
of project services, public health departments, ‘‘(3) REPORT.—The report described in para- (2) by inserting after clause (ii) the following:
hospitals, health centers under section 330’’ and graph (1) shall review, assess, and provide rec- ‘‘(iii) AUTHORITY DURING A PUBLIC HEALTH
inserting ‘‘participants and former participants ommendations, as appropriate, on the following: EMERGENCY.—
of project services, public health departments, ‘‘(A) The allocation of Healthy Start program ‘‘(I) IN GENERAL.—Notwithstanding clause (ii),
hospitals, health centers under section 330, grants by the Health Resources and Services Ad- the Secretary, shall, to the maximum extent
State substance abuse agencies’’; and ministration, including considerations made by practicable, use competitive procedures when
(B) in paragraph (2)— such Administration regarding disparities in in- entering into transactions to carry out projects
(i) in subparagraph (A), by striking ‘‘such as fant mortality or perinatal outcomes among under this subsection for purposes of a public
low birthweight’’ and inserting ‘‘including poor urban and rural areas in making such awards. health emergency declared by the Secretary
birth outcomes (such as low birthweight and ‘‘(B) Trends in the progress made toward under section 319. Any such transactions en-
preterm birth) and social determinants of meeting the evaluation criteria pursuant to sub- tered into during such public health emergency
health’’; section (e)(2)(B), including programs which de- shall not be terminated solely due to the expira-
(ii) by redesignating subparagraph (B) as sub- crease infant mortality rates and improve tion of such public health emergency, if such
paragraph (C); perinatal outcomes, programs that have not de- public health emergency ends before the comple-
(iii) by inserting after subparagraph (A), the creased infant mortality rates or improved tion of the terms of such agreement.
following: perinatal outcomes, and programs that have ‘‘(II) REPORT.—After the expiration of the
‘‘(B) Communities with— made an impact on disparities in infant mor-
‘‘(i) high rates of infant mortality or poor public health emergency declared by the Sec-
tality or perinatal outcomes. retary under section 319, the Secretary shall
perinatal outcomes; or ‘‘(C) The ability of grantees to improve health
‘‘(ii) high rates of infant mortality or poor provide a report to the Committee on Health,
outcomes for project participants, promote the Education, Labor, and Pensions of the Senate
perinatal outcomes in specific subpopulations awareness of the Healthy Start program serv-
within the community.’’; and and the Committee on Energy and Commerce of
ices, incorporate and promote family participa- the House of Representatives regarding the use
(iv) in subparagraph (C) (as so redesig- tion, facilitate coordination with the community
nated)— of any funds pursuant to the authority under
in which the grantee is located, and increase subclause (I), including any outcomes, benefits,
(I) by redesignating clauses (i) and (ii) as grantee accountability through quality improve-
clauses (ii) and (iii), respectively; and risks associated with the use of such funds,
ment, performance monitoring, evaluation, and and a description of the reasons for the use of
(II) by inserting before clause (ii) (as so redes- the effect such metrics may have toward de-
ignated) the following: such authority for the project or projects.’’.
creasing the rate of infant mortality and im-
‘‘(i) collaboration with the local community in SEC. 3302. PRIORITY ZOONOTIC ANIMAL DRUGS.
proving perinatal outcomes.
the development of the project;’’; ‘‘(D) The extent to which such Federal pro- Chapter V of the Federal Food, Drug, and
(III) in clause (ii) (as so redesignated), by grams are coordinated across agencies and the Cosmetic Act (21 U.S.C. 351 et seq.) is amended
striking ‘‘and’’ at the end; identification of opportunities for improved co- by inserting after section 512 the following:
(IV) in clause (iii) (as so redesignated), by ‘‘SEC. 512A. PRIORITY ZOONOTIC ANIMAL DRUGS.
ordination in such Federal programs and activi-
striking the period and inserting ‘‘; and’’; and
ties.’’. ‘‘(a) IN GENERAL.—The Secretary shall, at the
(V) by adding at the end the following:
SEC. 3226. IMPORTANCE OF THE BLOOD SUPPLY. request of the sponsor intending to submit an
‘‘(iv) the use and collection of data dem-
(a) IN GENERAL.—The Secretary of Health and application for approval of a new animal drug
onstrating the effectiveness of such program in
Human Services (referred to in this section as under section 512(b)(1) or an application for
decreasing infant mortality rates and improving
the ‘‘Secretary’’) shall carry out a national conditional approval of a new animal drug
perinatal outcomes, as applicable, or the process
campaign to improve awareness of, and support under section 571, expedite the development and
by which new applicants plan to collect this
outreach to the public and health care providers review of such new animal drug if preliminary
data.’’;
(3) in subsection (c)— about the importance and safety of blood dona- clinical evidence indicates that the new animal
(A) by striking ‘‘Recipients of grants’’ and in- tion and the need for donations for the blood drug, alone or in combination with 1 or more
serting the following: supply during the public health emergency de- other animal drugs, has the potential to prevent
‘‘(1) IN GENERAL.—Recipients of grants’’; and clared by the Secretary under section 319 of the or treat a zoonotic disease in animals, including
(B) by adding at the end the following: Public Health Service Act (42 U.S.C. 247d) with a vector borne-disease, that has the potential to
‘‘(2) OTHER PROGRAMS.—The Secretary shall respect to COVID–19. cause serious adverse health consequences for,
ensure coordination of the program carried out (b) AWARENESS CAMPAIGN.—In carrying out or serious or life-threatening diseases in, hu-
pursuant to this section with other programs subsection (a), the Secretary may enter into con- mans.
and activities related to the reduction of the tracts with one or more public or private non- ‘‘(b) REQUEST FOR DESIGNATION.—The sponsor
rate of infant mortality and improved perinatal profit entities, to establish a national blood do- of a new animal drug may request the Secretary
and infant health outcomes supported by the nation awareness campaign that may include to designate a new animal drug described in
Department.’’; television, radio, internet, and newspaper public subsection (a) as a priority zoonotic animal
(4) in subsection (e)— service announcements, and other activities to drug. A request for the designation may be made
(A) in paragraph (1), by striking ‘‘appro- provide for public and professional awareness concurrently with, or at any time after, the
priated—’’ and all that follows through the end and education. opening of an investigational new animal drug
and inserting ‘‘appropriated $125,500,000 for (c) CONSULTATION.—In carrying out sub- file under section 512(j) or the filing of an appli-
each of fiscal years 2021 through 2025.’’; and section (a), the Secretary shall consult with the cation under section 512(b)(1) or 571.
(B) in paragraph (2)(B), by adding at the end Commissioner of Food and Drugs, the Assistant ‘‘(c) DESIGNATION.—
the following: ‘‘Evaluations may also include, to Secretary for Health, the Director of the Centers ‘‘(1) IN GENERAL.—Not later than 60 calendar
the extent practicable, information related to— for Disease Control and Prevention, the Director days after the receipt of a request under sub-
dlhill on DSKBBY8HB2PROD with HOUSE
‘‘(i) progress toward achieving any grant of the National Institutes of Health, and the section (b), the Secretary shall determine wheth-
metrics or outcomes related to reducing infant heads of other relevant Federal agencies, and er the new animal drug that is the subject of the
mortality rates, improving perinatal outcomes, relevant accrediting bodies and representative request meets the criteria described in subsection
or reducing the disparity in health status; organizations. (a). If the Secretary determines that the new
‘‘(ii) recommendations on potential improve- (d) REPORT TO CONGRESS.—Not later than 2 animal drug meets the criteria, the Secretary
ments that may assist with addressing gaps, as years after the date of enactment of this Act, shall designate the new animal drug as a pri-
applicable and appropriate; and the Secretary shall submit to the Committee on ority zoonotic animal drug and shall take such
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1759
actions as are appropriate to expedite the devel- as may be necessary for each of fiscal years 2011 (1) IN GENERAL.—Not later than 1 year after
opment and review of the application for ap- through 2014’’ and inserting ‘‘$48,924,000 for the date of enactment of this Act, the Secretary
proval or conditional approval of such new ani- each of fiscal years 2021 through 2025’’; of Health and Human Services (referred to in
mal drug. (4) in section 748 (42 U.S.C. 293k–2)— this Act as the ‘‘Secretary’’), in consultation
‘‘(2) ACTIONS.—The actions to expedite the de- (A) in subsection (c)(5), by striking ‘‘sub- with the Advisory Committee on Training in
velopment and review of an application under stance-related disorders’’ and inserting ‘‘sub- Primary Care Medicine and Dentistry and the
paragraph (1) may include, as appropriate— stance use disorders’’; and Advisory Council on Graduate Medical Edu-
‘‘(A) taking steps to ensure that the design of (B) in subsection (f), by striking ‘‘$30,000,000 cation, shall develop a comprehensive and co-
clinical trials is as efficient as practicable, when for fiscal year 2010 and such sums as may be ordinated plan with respect to the health care
scientifically appropriate, such as by utilizing necessary for each of fiscal years 2011 through workforce development programs of the Depart-
novel trial designs or drug development tools 2015’’ and inserting ‘‘$28,531,000 for each of fis- ment of Health and Human Services, including
(including biomarkers) that may reduce the cal years 2021 through 2025’’; education and training programs.
number of animals needed for studies; (5) in section 749(d)(2) (42 U.S.C. 293l(d)(2)), (2) REQUIREMENTS.—The plan under para-
‘‘(B) providing timely advice to, and inter- by striking ‘‘Committee on Labor and Human graph (1) shall—
active communication with, the sponsor (which Resources of the Senate, and the Committee on (A) include performance measures to deter-
may include meetings with the sponsor and re- Commerce of the House of Representatives’’ and mine the extent to which the programs described
view team) regarding the development of the inserting ‘‘Committee on Health, Education, in paragraph (1) are strengthening the Nation’s
new animal drug to ensure that the development Labor, and Pensions of the Senate, and the health care system;
program to gather the nonclinical and clinical Committee on Energy and Commerce of the (B) identify any gaps that exist between the
data necessary for approval is as efficient as House of Representatives’’; outcomes of programs described in paragraph (1)
practicable; (6) in section 751(j)(1) (42 U.S.C. 294a(j)(1)), by and projected health care workforce needs iden-
‘‘(C) involving senior managers and review striking ‘‘$125,000,000 for each of the fiscal years tified in workforce projection reports conducted
staff with experience in zoonotic or vector-borne 2010 through 2014’’ and inserting ‘‘$41,250,000 by the Health Resources and Services Adminis-
disease to facilitate collaborative, cross-discipli- for each of fiscal years 2021 through 2025’’; tration;
nary review, including, as appropriate, across (7) in section 754(b)(1)(A) (42 U.S.C. (C) identify actions to address the gaps de-
agency centers; and 294d(b)(1)(A)), by striking ‘‘new and innova- scribed in subparagraph (B); and
‘‘(D) implementing additional administrative tive’’ and inserting ‘‘innovative or evidence- (D) identify barriers, if any, to implementing
or process enhancements, as necessary, to facili- based’’; the actions identified under subparagraph (C).
tate an efficient review and development pro- (8) in section 755(b)(1)(A) (42 U.S.C. (b) COORDINATION WITH OTHER AGENCIES.—
gram.’’. 294e(b)(1)(A)), by striking ‘‘the elderly’’ and in- The Secretary shall coordinate with the heads
PART IV—HEALTH CARE WORKFORCE serting ‘‘geriatric populations or for maternal of other Federal agencies and departments that
SEC. 3401. REAUTHORIZATION OF HEALTH PRO-
and child health’’; fund or administer health care workforce devel-
FESSIONS WORKFORCE PROGRAMS. (9) in section 761(e) (42 U.S.C. 294n(e))— opment programs, including education and
Title VII of the Public Health Service Act (42 (A) in paragraph (1)(A), by striking training programs, to—
U.S.C. 292 et seq.) is amended— ‘‘$7,500,000 for each of fiscal years 2010 through (1) evaluate the performance of such pro-
(1) in section 736 (42 U.S.C. 293), by striking 2014’’ and inserting ‘‘$5,663,000 for each of fiscal grams, including the extent to which such pro-
subsection (i) and inserting the following: years 2021 through 2025’’; and grams are efficient and effective and are meet-
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—To (B) in paragraph (2), by striking ‘‘subsection ing the nation’s health workforce needs; and
carry out this section, there is authorized to be (a)’’ and inserting ‘‘paragraph (1)’’; (2) identify opportunities to improve the qual-
appropriated $23,711,000 for each of fiscal years (10) in section 762 (42 U.S.C. 294o)—
ity and consistency of the information collected
2021 through 2025.’’; (A) in subsection (a)(1), by striking ‘‘Com-
to evaluate within and across such programs,
(2) in section 740 (42 U.S.C. 293d)— mittee on Labor and Human Resources’’ and in-
and to implement such improvements.
(A) in subsection (a), by striking ‘‘$51,000,000 serting ‘‘Committee on Health, Education,
(c) REPORT.—Not later than 2 years after the
for fiscal year 2010, and such sums as may be Labor, and Pensions’’;
date of enactment of this Act, the Secretary
necessary for each of the fiscal years 2011 (B) in subsection (b)—
(i) in paragraph (2), by striking ‘‘Health Care shall submit to the Committee on Health, Edu-
through 2014’’ and inserting ‘‘$51,470,000 for cation, Labor, and Pensions of the Senate, and
each of fiscal years 2021 through 2025’’; Financing Administration’’ and inserting ‘‘Cen-
ters for Medicare & Medicaid Services’’; the Committee on Energy and Commerce of the
(B) in subsection (b), by striking ‘‘$5,000,000 House of Representatives, a report describing
for each of the fiscal years 2010 through 2014’’ (ii) by redesignating paragraphs (4) through
(6) as paragraphs (5) through (7), respectively; the plan developed under subsection (a) and ac-
and inserting ‘‘$1,190,000 for each of fiscal years tions taken to implement such plan.
2021 through 2025’’; and
(iii) by inserting after paragraph (3), the fol- SEC. 3403. EDUCATION AND TRAINING RELATING
(C) in subsection (c), by striking ‘‘$60,000,000 TO GERIATRICS.
for fiscal year 2010 and such sums as may be lowing:
‘‘(4) the Administrator of the Health Re- Section 753 of the Public Health Service Act
necessary for each of the fiscal years 2011
sources and Services Administration;’’; (42 U.S.C. 294c) is amended to read as follows:
through 2014’’ and inserting ‘‘$15,000,000 for
each of fiscal years 2021 through 2025’’; and (C) by striking subsections (i), (j), and (k) and ‘‘SEC. 753. EDUCATION AND TRAINING RELATING
inserting the following: TO GERIATRICS.
(D) in subsection (d), by striking ‘‘Not Later
than 6 months after the date of enactment of ‘‘(i) REPORTS.—Not later than September 30, ‘‘(a) GERIATRICS WORKFORCE ENHANCEMENT
this part, the Secretary shall prepare and sub- 2023, and not less than every 5 years thereafter, PROGRAM.—
mit to the appropriate committees of Congress’’ the Council shall submit to the Secretary, and to ‘‘(1) IN GENERAL.—The Secretary shall award
and inserting: ‘‘Not later than September 30, the Committee on Health, Education, Labor, grants, contracts, or cooperative agreements
2025, and every five years thereafter, the Sec- and Pensions of the Senate and the Committee under this subsection to entities described in
retary shall prepare and submit to the Com- on Energy and Commerce of the House of Rep- paragraph (1), (3), or (4) of section 799B, section
mittee on Health, Education, Labor, and Pen- resentatives, a report on the recommendations 801(2), or section 865(d), or other health profes-
sions of the Senate, and the Committee on En- described in subsection (a).’’; and sions schools or programs approved by the Sec-
ergy and Commerce of the House of Representa- (D) by redesignating subsection (l) as sub- retary, for the establishment or operation of
tives,’’; section (j); Geriatrics Workforce Enhancement Programs
(3) in section 747 (42 U.S.C. 293k)— (11) in section 766(b)(1) (42 U.S.C. 295a(b)(1)), that meet the requirements of paragraph (2).
(A) in subsection (a)— by striking ‘‘that plans’’ and all that follows ‘‘(2) REQUIREMENTS.—
(i) in paragraph (1)(G), by striking ‘‘to plan, through the period and inserting ‘‘that plans, ‘‘(A) IN GENERAL.—A Geriatrics Workforce En-
develop, and operate a demonstration program develops, operates, and evaluates projects to im- hancement Program receiving an award under
that provides training’’ and inserting: ‘‘to plan, prove preventive medicine, health promotion this section shall support the training of health
develop, and operate a program that identifies and disease prevention, or access to and quality professionals in geriatrics, including
or develops innovative models of providing care, of health care services in rural or medically un- traineeships or fellowships. Such programs shall
and trains primary care physicians on such derserved communities.’’; emphasize, as appropriate, patient and family
models and’’; and (12) in section 770(a) (42 U.S.C. 295e(a)), by engagement, integration of geriatrics with pri-
(ii) by adding at the end the following: striking ‘‘$43,000,000 for fiscal year 2011, and mary care and other appropriate specialties,
‘‘(3) PRIORITIES IN MAKING AWARDS.—In such sums as may be necessary for each of the and collaboration with community partners to
awarding grants or contracts under paragraph fiscal years 2012 through 2015’’ and inserting address gaps in health care for older adults.
(1), the Secretary may give priority to qualified ‘‘$17,000,000 for each of fiscal years 2021 through ‘‘(B) ACTIVITIES.—Activities conducted by a
applicants that train residents in rural areas, 2025’’; and program under this section may include the fol-
dlhill on DSKBBY8HB2PROD with HOUSE
including for Tribes or Tribal Organizations in (13) in section 775(e) (42 U.S.C. 295f(e)), by lowing:
such areas.’’; striking ‘‘$30,000,000’’ and all that follows ‘‘(i) Clinical training on providing integrated
(B) in subsection (b)(3)(E), by striking ‘‘sub- through the period and inserting ‘‘such sums as geriatrics and primary care delivery services.
stance-related disorders’’ and inserting ‘‘sub- may be necessary for each of fiscal years 2021 ‘‘(ii) Interprofessional training to practi-
stance use disorders’’; and through 2025.’’. tioners from multiple disciplines and specialties,
(C) in subsection (c)(1), by striking SEC. 3402. HEALTH WORKFORCE COORDINATION. including training on the provision of care to
‘‘$125,000,000 for fiscal year 2010, and such sums (a) STRATEGIC PLAN.— older adults.
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H1760 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(iii) Establishing or maintaining training-re- VII Health Care Workforce Reauthorization Act shall seek to ensure geographical distribution
lated community-based programs for older of 2019 and every 5 years thereafter, the Sec- among award recipients, including among rural
adults and caregivers to improve health out- retary shall submit to the Committee on Health, or medically underserved areas of the United
comes for older adults. Education, Labor, and Pensions of the Senate States.
‘‘(iv) Providing education on Alzheimer’s dis- and the Committee on Energy and Commerce of ‘‘(5) AMOUNT AND DURATION.—
ease and related dementias to families and care- the House of Representatives a report that pro- ‘‘(A) AMOUNT.—The amount of an award
givers of older adults, direct care workers, and vides a summary of the activities and outcomes under this subsection shall be at least $75,000 for
health professions students, faculty, and pro- associated with grants, contracts, and coopera- fiscal year 2021, adjusted for subsequent years
viders. tive agreements made under this section. Such in accordance with the consumer price index.
‘‘(3) DURATION.—Each grant, contract, or co- reports shall include— The Secretary shall determine the amount of an
operative agreement or contract awarded under ‘‘(i) information on the number of trainees, award under this subsection for individuals who
paragraph (1) shall be for a period not to exceed faculty, and professionals who participated in are not physicians.
5 years. programs under this section; ‘‘(B) DURATION.—The Secretary shall make
‘‘(4) APPLICATIONS.—To be eligible to receive a ‘‘(ii) information on the impact of the program awards under paragraph (1) for a period not to
grant, contract, or cooperative agreement under conducted under this section on the health sta- exceed 5 years.
paragraph (1), an entity described in such para- tus of older adults, including in areas with a ‘‘(6) SERVICE REQUIREMENT.—An individual
graph shall submit to the Secretary an applica- shortage of health professionals; and who receives an award under this subsection
tion at such time, in such manner, and con- ‘‘(iii) information on outreach and education shall provide training in clinical geriatrics, in-
taining such information as the Secretary may provided under this section to families and care- cluding the training of interprofessional teams
require. givers of older adults. of health care professionals. The provision of
‘‘(5) PROGRAM REQUIREMENTS.— ‘‘(C) PUBLIC AVAILABILITY.—The Secretary such training shall constitute at least 75 percent
‘‘(A) IN GENERAL.—In awarding grants, con- shall make reports submitted under paragraph of the obligations of such individual under the
tracts, and cooperative agreements under para- (B) publically available on the internet website award.
graph (1), the Secretary— of the Department of Health and Human Serv- ‘‘(c) NONAPPLICABILITY OF PROVISION.—Not-
‘‘(i) shall give priority to programs that dem- ices. withstanding any other provision of this title,
onstrate coordination with another Federal or ‘‘(b) GERIATRIC ACADEMIC CAREER AWARDS.— section 791(a) shall not apply to awards made
State program or another public or private enti- ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec- under this section.
ty; retary shall, as appropriate, establish or main- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(ii) shall give priority to applicants with pro- tain a program to provide geriatric academic ca- There is authorized to be appropriated
grams or activities that are expected to substan- reer awards to eligible entities applying on be- $40,737,000 for each of fiscal years 2021 through
tially benefit rural or medically underserved half of eligible individuals to promote the career 2025 for purposes of carrying out this section.’’.
populations of older adults, or serve older adults development of such individuals as academic SEC. 3404. NURSING WORKFORCE DEVELOPMENT.
in Indian Tribes or Tribal organizations; and geriatricians or other academic geriatrics health
‘‘(iii) may give priority to any program that— (a) IN GENERAL.—Title VIII of the Public
professionals.
‘‘(I) integrates geriatrics into primary care Health Service Act (42 U.S.C. 296 et seq.) is
‘‘(2) ELIGIBILITY.—
practice; amended—
‘‘(A) ELIGIBLE ENTITY.—For purposes of this
‘‘(II) provides training to integrate geriatric (1) in section 801 (42 U.S.C. 296), by adding at
subsection, the term ‘eligible entity’ means—
care into other specialties across care settings, ‘‘(i) an entity described in paragraph (1), (3), the end the following:
including practicing clinical specialists, health or (4) of section 799B or section 801(2); or ‘‘(18) NURSE MANAGED HEALTH CLINIC.—The
care administrators, faculty without back- ‘‘(ii) another accredited health professions term ‘nurse managed health clinic’ means a
grounds in geriatrics, and students from all school or graduate program approved by the nurse-practice arrangement, managed by ad-
health professions; Secretary. vanced practice nurses, that provides primary
‘‘(III) emphasizes integration of geriatric care ‘‘(B) ELIGIBLE INDIVIDUAL.—For purposes of care or wellness services to underserved or vul-
into existing service delivery locations and care this subsection, the term ‘eligible individual’ nerable populations and that is associated with
across settings, including primary care clinics, means an individual who— a school, college, university or department of
medical homes, Federally qualified health cen- ‘‘(i)(I) is board certified or board eligible in in- nursing, federally qualified health center, or
ters, ambulatory care clinics, critical access hos- ternal medicine, family practice, psychiatry, or independent nonprofit health or social services
pitals, emergency care, assisted living and nurs- licensed dentistry, or has completed required agency.’’;
ing facilities, and home- and community-based training in a discipline and is employed in an (2) in section 802(c) (42 U.S.C. 296a(c)), by in-
services, which may include adult daycare; accredited health professions school or graduate serting ‘‘, and how such project aligns with the
‘‘(IV) supports the training and retraining of program that is approved by the Secretary; or goals in section 806(a)’’ before the period in the
faculty, primary care providers, other direct ‘‘(II) has completed an approved fellowship second sentence;
care providers, and other appropriate profes- program in geriatrics, or has completed specialty (3) in section 803(b) (42 U.S.C. 296b(b)), by
sionals on geriatrics; training in geriatrics as required by the dis- adding at the end the following: ‘‘Such Federal
‘‘(V) emphasizes education and engagement of cipline and any additional geriatrics training as funds are intended to supplement, not supplant,
family caregivers on disease management and required by the Secretary; and existing non-Federal expenditures for such ac-
strategies to meet the needs of caregivers of ‘‘(ii) has a junior, nontenured, faculty ap- tivities.’’;
older adults; or pointment at an accredited health professions (4) in section 806 (42 U.S.C. 296e)—
‘‘(VI) proposes to conduct outreach to commu- school or graduate program in geriatrics or a (A) in subsection (a), by striking ‘‘as needed
nities that have a shortage of geriatric work- geriatrics health profession. to’’ and all that follows and inserting the fol-
force professionals. ‘‘(C) CLARIFICATION.—If an eligible individual lowing: ‘‘as needed to address national nursing
‘‘(B) SPECIAL CONSIDERATION.—In awarding is promoted during the period of an award needs, including—
grants, contracts, and cooperative agreements under this subsection and thereby no longer ‘‘(1) addressing challenges, including through
under this section, the Secretary shall give spe- meets the criteria of subparagraph (B)(ii), the supporting training and education of nursing
cial consideration to entities that provide serv- individual shall continue to be treated as an eli- students, related to the distribution of the nurs-
ices in areas with a shortage of geriatric work- gible individual through the term of the award. ing workforce and existing or projected nursing
force professionals. ‘‘(3) APPLICATION REQUIREMENTS.—In order to workforce shortages in geographic areas that
‘‘(6) PRIORITY.—The Secretary may provide receive an award under paragraph (1), an eligi- have been identified as having, or that are pro-
awardees with additional support for activities ble entity, on behalf of an eligible individual, jected to have, a nursing shortage;
in areas of demonstrated need, which may in- shall— ‘‘(2) increasing access to and the quality of
clude education and training for home health ‘‘(A) submit to the Secretary an application, health care services, including by supporting
workers, family caregivers, and direct care at such time, in such manner, and containing the training of professional registered nurses,
workers on care for older adults. such information as the Secretary may require; advanced practice registered nurses, and ad-
‘‘(7) REPORTING.— ‘‘(B) provide, in such form and manner as the vanced education nurses within community
‘‘(A) REPORTS FROM ENTITIES.—Each entity Secretary may require, assurances that the eligi- based settings and in a variety of health deliv-
awarded a grant, contract, or cooperative agree- ble individual will meet the service requirement ery system settings; or
ment under this section shall submit an annual described in paragraph (6); and ‘‘(3) addressing the strategic goals and prior-
report to the Secretary on the activities con- ‘‘(C) provide, in such form and manner as the ities identified by the Secretary and that are in
ducted under such grant, contract, or coopera- Secretary may require, assurances that the indi- accordance with this title.
tive agreement, which may include information vidual has a full-time faculty appointment in a Contracts may be entered into under this title
on the number of trainees, the number of profes- health professions institution and documented with public or private entities as determined
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sions and disciplines, the number of partner- commitment from such eligible entity that the necessary by the Secretary.’’;
ships with health care delivery sites, the number individual will spend 75 percent of the individ- (B) in subsection (b)(2), by striking ‘‘a dem-
of faculty and practicing professionals who par- ual’s time that is supported by the award on onstration’’ and all that follows and inserting
ticipated in such programs, and other informa- teaching and developing skills in interdiscipli- the following: ‘‘the reporting of data and infor-
tion, as the Secretary may require. nary education in geriatrics. mation demonstrating that satisfactory progress
‘‘(B) REPORT TO CONGRESS.—Not later than 4 ‘‘(4) EQUITABLE DISTRIBUTION.—In making has been made by the program or project in
years after the date of enactment of the Title awards under this subsection, the Secretary meeting the performance outcome standards (as
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1761
described in section 802) of such program or more accredited schools of nursing, to encourage tion 846 of the Public Health Service Act (42
project.’’; the mentoring and development of specialties.’’; U.S.C. 297n), such as the impact on entities to
(C) in subsection (e)(2), by inserting ‘‘, and (D) by striking subsections (e) and (h); which nurses had previously been assigned prior
have relevant expertise and experience’’ before (E) by redesignating subsections (f) and (g), to fiscal year 2019 (such as federally qualified
the period at the end of the first sentence; and as subsections (e) and (f), respectively; health centers and facilities affiliated with the
(D) by adding at the end the following: (F) in subsection (e) (as so redesignated), by Indian Health Service).
‘‘(i) BIENNIAL REPORT ON NURSING WORK- striking ‘‘The Secretary shall submit to the Con- (2) REPORT.—Not later than 18 months after
FORCE PROGRAM IMPROVEMENTS.—Not later gress before the end of each fiscal year’’ and in- the enactment of this Act, the Comptroller Gen-
than September 30, 2020, and biennially there- serting ‘‘As part of the report on nursing work- eral shall submit to the Committee on Health,
after, the Secretary shall submit to the Com- force programs described in section 806(i), the Education, Labor, and Pensions of the Senate
mittee on Health, Education, Labor, and Pen- Secretary shall include’’; and and the Committee on Energy and Commerce of
sions of the Senate and the Committee on En- (G) in subsection (f) (as so redesignated), by the House of Representatives, a report on the
ergy and Commerce of the House of Representa- striking ‘‘a school of nursing, as defined in sec- evaluation under paragraph (1), which may in-
tives, a report that contains an assessment of tion 801(2),,’’ and inserting ‘‘an accredited clude recommendations to improve relevant
the programs and activities of the Department of school of nursing, as defined in section 801(2), a nursing workforce loan repayment programs.
Health and Human Services related to enhanc- health care facility, including federally quali-
Subtitle B—Education Provisions
ing the nursing workforce, including the extent fied health centers or nurse-managed health
to which programs and activities under this title clinics, or a partnership of such a school and SEC. 3501. SHORT TITLE.
meet the identified goals and performance meas- facility’’; This subtitle may be cited as the ‘‘COVID–19
ures developed for the respective programs and (7) by striking section 831A (42 U.S.C. 296p–1); Pandemic Education Relief Act of 2020’’.
activities, and the extent to which the Depart- (8) in section 846 (42 U.S.C. 297n)— SEC. 3502. DEFINITIONS.
ment coordinates with other Federal depart- (A) by striking the last sentence of subsection
(a) DEFINITIONS.—In this subtitle:
ments regarding programs designed to improve (a);
(B) in subsection (b)(1), by striking ‘‘he began (1) CORONAVIRUS.—The term ‘‘coronavirus’’
the nursing workforce.’’;
such practice’’ and inserting ‘‘the individual has the meaning given the term in section 506 of
(5) in section 811 (42 U.S.C. 296j)—
began such practice’’; and the Coronavirus Preparedness and Response
(A) in subsection (b)—
(i) by striking ‘‘Master’s’’ and inserting (C) in subsection (i), by striking ‘‘FUNDING’’ in Supplemental Appropriations Act, 2020 (Public
‘‘graduate’’; and the subsection heading and all that follows Law 116–123).
(ii) by inserting ‘‘clinical nurse leaders,’’ after through ‘‘paragraph (1)’’ in paragraph (2), and (2) FOREIGN INSTITUTION.—The term ‘‘foreign
‘‘nurse administrators,’’; inserting the following: ‘‘ALLOCATIONS.—Of the institution’’ means an institution of higher edu-
(B) by redesignating subsections (f) and (g) as amounts appropriated under section 871(b),’’; cation located outside the United States that is
subsections (g) and (h), respectively; and (9) in section 846A (42 U.S.C. 247n–1), by strik- described in paragraphs (1)(C) and (2) of section
(C) by inserting after subsection (e), the fol- ing subsection (f); 102(a) of the Higher Education Act of 1965 (20
lowing: (10) in section 847 (42 U.S.C. 297o), by striking U.S.C. 1002(a)).
‘‘(f) AUTHORIZED CLINICAL NURSE SPECIALIST subsection (g); (3) INSTITUTION OF HIGHER EDUCATION.—The
PROGRAMS.—Clinical nurse specialist programs (11) in section 851 (42 U.S.C. 297t)— term ‘‘institution of higher education’’ has the
eligible for support under this section are edu- (A) in subsection (b)(1)(A)(iv), by striking meaning of the term under section 102 of the
cation programs that— ‘‘and nurse anesthetists’’ and inserting ‘‘nurse Higher Education Act of 1965 (20 U.S.C. 1002).
‘‘(1) provide registered nurses with full-time anesthetists, and clinical nurse specialists’’; (4) QUALIFYING EMERGENCY.—The term
clinical nurse specialist education; and (B) in subsection (d)(3)— ‘‘qualifying emergency’’ means—
‘‘(2) have as their objective the education of (i) by striking ‘‘3 years after the date of enact- (A) a public health emergency related to the
clinical nurse specialists who will, upon comple- ment of this section’’ and inserting ‘‘2 years coronavirus declared by the Secretary of Health
tion of such a program, be qualified to effec- after the date of enactment of the Title VIII and Human Services pursuant to section 319 of
tively provide care through the wellness and ill- Nursing Reauthorization Act’’; the Public Health Service Act (42 U.S.C. 247d);
ness continuum to inpatients and outpatients (ii) by striking ‘‘Labor and Human Re- (B) an event related to the coronavirus for
experiencing acute and chronic illness.’’; and sources’’ and inserting ‘‘Health, Education, which the President declared a major disaster or
(6) in section 831 (42 U.S.C. 296p)— Labor, and Pensions’’; and an emergency under section 401 or 501, respec-
(A) in the section heading, by striking ‘‘and (iii) by inserting ‘‘Energy and’’ before ‘‘Com- tively, of the Robert T. Stafford Disaster Relief
quality grants’’ and inserting ‘‘quality, and re- merce’’; and and Emergency Assistance Act (42 U.S.C. 5170
tention grants’’; (C) in subsection (g), by striking ‘‘under this and 5191); or
(B) in subsection (b)(2), by striking ‘‘other title’’ and inserting ‘‘for carrying out parts B, (C) a national emergency related to the
high-risk groups such as the elderly, individuals C, and D’’; coronavirus declared by the President under
with HIV/AIDS, substance abusers, the home- (12) by striking sections 861 and 862 (42 U.S.C. section 201 of the National Emergencies Act (50
less, and victims’’ and inserting ‘‘high risk 297w and 297x); and U.S.C. 1601 et seq.).
groups, such as the elderly, individuals with (13) in section 871 (42 U.S.C. 298d)— (5) SECRETARY.—The term ‘‘Secretary’’ means
HIV/AIDS, individuals with mental health or (A) by striking ‘‘For the purpose of’’ and in- the Secretary of Education.
substance use disorders, individuals who are serting the following:
SEC. 3503. CAMPUS-BASED AID WAIVERS.
homeless, and survivors’’; ‘‘(a) IN GENERAL.—For the purpose of’’;
(C) in subsection (c)(1)— (B) by striking ‘‘$338,000,000 for fiscal year (a) WAIVER OF NON-FEDERAL SHARE REQUIRE-
(i) in subparagraph (A)— 2010, and such sums as may be necessary for MENT.—Notwithstanding sections 413C(a)(2) and
(I) by striking ‘‘advancement for nursing per- each of the fiscal years 2011 through 2016’’ and 443(b)(5) of the Higher Education Act of 1965 (20
sonnel’’ and inserting the following: ‘‘advance- inserting ‘‘$137,837,000 for each of fiscal years U.S.C. 1070b–2(a)(2) and 1087–53(b)(5)), with re-
ment for— 2021 through 2025’’; and spect to funds made available for award years
‘‘(i) nursing’’; (C) by adding at the end the following: 2019–2020 and 2020–2021, the Secretary shall
(II) by striking ‘‘professional nurses, ad- ‘‘(b) PART E.—For the purpose of carrying out waive the requirement that a participating insti-
vanced education nurses, licensed practical part E, there are authorized to be appropriated tution of higher education provide a non-Fed-
nurses, certified nurse assistants, and home $117,135,000 for each of the fiscal years 2021 eral share to match Federal funds provided to
health aides’’ and inserting ‘‘professional reg- through 2025.’’. the institution for the programs authorized pur-
istered nurses, advanced practice registered (b) EVALUATION AND REPORT ON NURSE LOAN suant to subpart 3 of part A and part C of title
nurses, and nurses with graduate nursing edu- REPAYMENT PROGRAMS.— IV of the Higher Education Act of 1965 (20
cation’’; and (1) EVALUATION.—The Comptroller General U.S.C. 1070b et seq. and 1087–51 et seq.) for all
(III) by adding at the end the following: shall conduct an evaluation of the nurse loan awards made under such programs during such
‘‘(ii) individuals including licensed practical repayment programs administered by the Health award years, except nothing in this subsection
nurses, licensed vocational nurses, certified Resources and Services Administration. Such shall affect the non-Federal share requirement
nurse assistants, home health aides, diploma de- evaluation shall include— under section 443(c)(3) that applies to private
gree or associate degree nurses, and other (A) the manner in which payments are made for-profit organizations.
health professionals, such as health aides or under such programs; (b) AUTHORITY TO REALLOCATE.—Notwith-
community health practitioners certified under (B) the existing oversight functions necessary standing sections 413D, 442, and 488 of the High-
the Community Health Aide Program of the In- to ensure the proper use of such programs, in- er Education Act of 1965 (20 U.S.C. 1070b–3,
dian Health Service, to become registered nurses cluding payments made as part of such pro- 1087–52, and 1095), during a period of a quali-
with baccalaureate degrees or nurses with grad- grams; fying emergency, an institution may transfer up
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uate nursing education;’’; (C) the identification of gaps, if any, in over- to 100 percent of the institution’s unexpended
(ii) in subparagraph (B), by striking the pe- sight functions; and allotment under section 442 of such Act to the
riod and inserting ‘‘; and’’; and (D) information on the number of nurses as- institution’s allotment under section 413D of
(iii) by adding at the end the following: signed to facilities pursuant to such programs, such Act, but may not transfer any funds from
‘‘(C) developing and implementing intern- including the type of facility to which nurses the institution’s unexpended allotment under
ships, accredited fellowships, and accredited are assigned and the impact of modifying the section 413D of such Act to the institution’s al-
residency programs in collaboration with one or eligibility requirements for programs under sec- lotment under section 442 of such Act.
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H1762 CONGRESSIONAL RECORD — HOUSE March 27, 2020
SEC. 3504. USE OF SUPPLEMENTAL EDUCATIONAL SEC. 3506. ADJUSTMENT OF SUBSIDIZED LOAN factory academic progress for purposes of title
OPPORTUNITY GRANTS FOR EMER- USAGE LIMITS. IV of the Higher Education Act of 1965 (20
GENCY AID. Notwithstanding section 455(q)(3) of the High- U.S.C. 1070 et seq.), an institution of higher
(a) IN GENERAL.—Notwithstanding section er Education Act of 1965 (20 U.S.C. 1087e(q)(3)), education may, as a result of a qualifying emer-
413B of the Higher Education Act of 1965 (20 the Secretary shall exclude from a student’s pe- gency, exclude from the quantitative component
U.S.C. 1070b–1), an institution of higher edu- riod of enrollment for purposes of loans made of the calculation any attempted credits that
cation may reserve any amount of an institu- under part D of title IV of the Higher Education were not completed by such student without re-
tion’s allocation under subpart 3 of part A of Act of 1965 (20 U.S.C. 1087a et seq.) any semester quiring an appeal by such student.
title IV of the Higher Education Act of 1965 (20 (or the equivalent) that the student does not SEC. 3510. CONTINUING EDUCATION AT AF-
U.S.C. 1070b et seq.) for a fiscal year to award, complete due to a qualifying emergency, if the FECTED FOREIGN INSTITUTIONS.
in such fiscal year, emergency financial aid Secretary is able to administer such policy in a (a) IN GENERAL.—Notwithstanding section
grants to assist undergraduate or graduate stu- manner that limits complexity and the burden 481(b) of the Higher Education Act of 1965 (20
dents for unexpected expenses and unmet finan- on the student. U.S.C. 1088(b)), with respect to a foreign institu-
cial need as the result of a qualifying emer- tion, in the case of a public health emergency,
SEC. 3507. EXCLUSION FROM FEDERAL PELL
gency. GRANT DURATION LIMIT. major disaster or emergency, or national emer-
(b) DETERMINATIONS.—In determining eligi- gency declared by the applicable government
The Secretary shall exclude from a student’s
bility for and awarding emergency financial aid authorities in the country in which the foreign
Federal Pell Grant duration limit under section
grants under this section, an institution of high- institution is located, the Secretary may permit
401(c)(5) of the Higher Education Act of 1965 (2
er education may— any part of an otherwise eligible program to be
(1) waive the amount of need calculation U.S.C. 1070a(c)(5)) any semester (or the equiva-
lent) that the student does not complete due to offered via distance education for the duration
under section 471 of the Higher Education Act of such emergency or disaster and the following
of 1965 (20 U.S.C. 1087kk); a qualifying emergency if the Secretary is able
to administer such policy in a manner that lim- payment period for purposes of title IV of the
(2) allow for a student affected by a quali-
its complexity and the burden on the student. Higher Education Act of 1965 (20 U.S.C. 1070 et
fying emergency to receive funds in an amount
SEC. 3508. INSTITUTIONAL REFUNDS AND FED-
seq.).
that is not more than the maximum Federal Pell (b) ELIGIBILITY.—An otherwise eligible pro-
Grant for the applicable award year; and ERAL STUDENT LOAN FLEXIBILITY.
gram that is offered in whole or in part through
(3) utilize a contract with a scholarship-grant- (a) INSTITUTIONAL WAIVER.—
distance education by a foreign institution be-
ing organization designated for the sole purpose (1) IN GENERAL.—The Secretary shall waive
tween March 1, 2020, and the date of enactment
of accepting applications from or disbursing the institutional requirement under section 484B
of this Act shall be deemed eligible for the pur-
funds to students enrolled in the institution of of the Higher Education Act of 1965 (20 U.S.C.
poses of part D of title IV of the Higher Edu-
higher education, if such scholarship-granting 1091b) with respect to the amount of grant or
cation Act of 1965 (20 U.S.C. 1087a et seq.) for
organization disburses the full allocated amount loan assistance (other than assistance received the duration of the qualifying emergency and
provided to the institution of higher education under part C of title IV of such Act) to be re- the following payment period for purposes of
to the recipients. turned under such section if a recipient of as- title IV of the Higher Education Act of 1965 (20
(c) SPECIAL RULE.—Any emergency financial sistance under title IV of the Higher Education U.S.C. 1070 et seq.). An institution of higher
aid grants to students under this section shall Act of 1965 (20 U.S.C. 1070 et seq.) withdraws education that uses the authority provided in
not be treated as other financial assistance for from the institution of higher education during the previous sentence shall report such use to
the purposes of section 471 of the Higher Edu- the payment period or period of enrollment as a the Secretary—
cation Act of 1965 (20 U.S.C. 1087kk). result of a qualifying emergency. (1) for the 2019–2020 award year, not later
SEC. 3505. FEDERAL WORK-STUDY DURING A (2) WAIVERS.—The Secretary shall require than June 30, 2020; and
QUALIFYING EMERGENCY. each institution using a waiver relating to the (2) for an award year subsequent to the 2019–
(a) IN GENERAL.—In the event of a qualifying withdrawal of recipients under this subsection 2020 award year, not later than 30 days after
emergency, an institution of higher education to report the number of such recipients, the such use.
participating in the program under part C of amount of grant or loan assistance (other than (c) REPORT.—Not later than 180 days after the
title IV of the Higher Education Act of 1965 (20 assistance received under part C of title IV of date of enactment of this Act, and every 180
U.S.C. 1087–51 et seq.) may make payments such Act) associated with each such recipient, days thereafter for the duration of the quali-
under such part to affected work-study stu- and the total amount of grant or loan assistance fying emergency and the following payment pe-
dents, for the period of time (not to exceed one (other than assistance received under part C of riod, the Secretary shall submit to the author-
academic year) in which affected students were title IV of such Act) for which each institution izing committees (as defined in section 103 of the
unable to fulfill the students’ work-study obli- has not returned assistance under title IV to the Higher Education Act of 1965 (20 U.S.C. 1003)) a
gation for all or part of such academic year due Secretary. report that identifies each foreign institution
to such qualifying emergency, as follows: (b) STUDENT WAIVER.—The Secretary shall that carried out a distance education program
(1) Payments may be made under such part to waive the amounts that students are required to authorized under this section.
affected work-study students in an amount return under section 484B of the Higher Edu- (d) WRITTEN ARRANGEMENTS.—
equal to or less than the amount of wages such cation Act of 1965 (20 U.S.C. 1091b) with respect (1) IN GENERAL.—Notwithstanding section 102
students would have been paid under such part to Federal Pell Grants or other grant assistance of the Higher Education Act of 1965 (20 U.S.C.
had the students been able to complete the work if the withdrawals on which the returns are 1002), for the duration of a qualifying emer-
obligation necessary to receive work study based, are withdrawals by students who with- gency and the following payment period, the
funds, as a one time grant or as multiple pay- drew from the institution of higher education as Secretary may allow a foreign institution to
ments. a result of a qualifying emergency. enter into a written arrangement with an insti-
(2) Payments shall not be made to any student (c) CANCELING LOAN OBLIGATION.—Notwith- tution of higher education located in the United
who was not eligible for work study or was not standing any other provision of the Higher Edu- States that participates in the Federal Direct
completing the work obligation necessary to re- cation Act of 1965 (20 U.S.C. 1001 et seq.), the Loan Program under part D of title IV of the
ceive work study funds under such part prior to Secretary shall cancel the borrower’s obligation Higher Education Act of 1965 (20 U.S.C. 1087a et
the occurrence of the qualifying emergency. to repay the entire portion of a loan made under seq.) for the purpose of allowing a student of
(3) Any payments made to affected work- part D of title IV of such Act (20 U.S.C. 1087a the foreign institution who is a borrower of a
study students under this subsection shall meet et seq.) associated with a payment period for a loan made under such part to take courses from
the matching requirements of section 443 of the recipient of such loan who withdraws from the the institution of higher education located in
Higher Education Act of 1965 (20 U.S.C. 1087– institution of higher education during the pay- the United States.
53), unless such matching requirements are (2) FORM OF ARRANGEMENTS.—
ment period as a result of a qualifying emer- (A) PUBLIC OR OTHER NONPROFIT INSTITU-
waived by the Secretary. gency.
(b) DEFINITION OF AFFECTED WORK-STUDY TIONS.—A foreign institution that is a public or
(d) APPROVED LEAVE OF ABSENCE.—Notwith-
STUDENT.—In this section, the term ‘‘affected other nonprofit institution may enter into a
standing any other provision of the Higher Edu-
work-study student’’ means a student enrolled written arrangement under subsection (a) only
cation Act of 1965 (20 U.S.C. 1001 et seq.), for
at an eligible institution participating in the with an institution of higher education de-
purposes of receiving assistance under title IV of
program under part C of title IV of the Higher scribed in section 101 of such Act (20 U.S.C.
the Higher Education Act of 1965 (20 U.S.C. 1070
Education Act of 1965 (20 U.S.C. 1087–51 et seq.) 1001).
et seq.), an institution of higher education may, (B) OTHER INSTITUTIONS.—A foreign institu-
who—
as a result of a qualifying emergency, provide a tion that is a graduate medical school, nursing
(1) received a work-study award under section
student with an approved leave of absence that school, or a veterinary school and that is not a
443 of the Higher Education Act of 1965 (20
does not require the student to return at the public or other nonprofit institution may enter
U.S.C. 1087–53) for the academic year during
same point in the academic program that the into a written arrangement under subsection (a)
which a qualifying emergency occurred;
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(2) earned Federal work-study wages from student began the leave of absence if the stu- with an institution of higher education de-
such eligible institution for such academic year; dent returns within the same semester (or the scribed in section 101 or section 102 of such Act
and equivalent). (20 U.S.C. 1001 and 1002).
(3) was prevented from fulfilling the student’s SEC. 3509. SATISFACTORY ACADEMIC PROGRESS. (3) REPORT ON USE.—An institution of higher
work-study obligation for all or part of such Notwithstanding section 484 of the Higher education that uses the authority described in
academic year due to such qualifying emer- Education Act of 1965 (20 U.S.C. 1091), in deter- paragraph (2) shall report such use to the Sec-
gency. mining whether a student is maintaining satis- retary—
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1763
(A) for the 2019–2020 award year, not later (C) pursuant to section 1111(c)(5) of the Ele- the Secretary shall notify the Committee on
than June 30, 2020; and mentary and Secondary Education Act of 1965 Health, Education, Labor, and Pensions of the
(B) for an award year subsequent to the 2019– (20 U.S.C. 6311(c)(5)). Senate, the Committee on Appropriations of the
2020 award year, not later than 30 days after (4) LIMITATION.—Nothing in this section shall Senate, the Committee on Education and Labor
such use. be construed to allow the Secretary to waive of the House of Representatives, and the Com-
(4) REPORT FROM THE SECRETARY.—Not later any statutory or regulatory requirements under mittee on Appropriations of the House of Rep-
than 180 days after the date of enactment of this applicable civil rights laws. resentatives of such waiver.
Act, and every 180 days thereafter for the dura- (5) ACCOUNTABILITY AND IMPROVEMENT.—Any (3) PUBLICATION.—Not later than 30 days
tion of the qualifying emergency and the fol- school located in a State that receives a waiver after granting a waiver under this section, the
lowing payment period, the Secretary shall sub- under paragraph (1) and that is identified for Secretary shall publish a notice of the Sec-
mit to the authorizing committees (as defined in comprehensive support and improvement, tar- retary’s decision (including which waiver was
section 103 of the Higher Education Act of 1965 geted support and improvement, or additional granted and the reason for granting the waiver)
(20 U.S.C. 1003)) a report that identifies each targeted support in the 2019–2020 school year in the Federal Register and on the website of
foreign institution that entered into a written under section 1111(c)(4)(D) or section 1111(d)(2) the Department of Education.
arrangement authorized under subsection (a). of the Elementary and Secondary Education Act (4) REPORT.—Not later than 30 days after the
SEC. 3511. NATIONAL EMERGENCY EDUCATIONAL of 1965 (20 U.S.C. 6311(c)(4)(D) or (d)(2)) shall date of enactment of this Act, the Secretary
WAIVERS. maintain that identification status in the 2020– shall prepare and submit a report to the Com-
(a) IN GENERAL.—Notwithstanding any other 2021 school year and continue to receive sup- mittee on Health, Education, Labor, and Pen-
provision of law, the Secretary may, upon the ports and interventions consistent with the sions and the Committee on Appropriations of
request of a State educational agency or Indian school’s support and improvement plan in the the Senate, and the Committee on Education
tribe, waive any statutory or regulatory provi- 2020–2021 school year. and Labor and the Committee on Appropriations
sion described under paragraphs (1) and (2) of (c) STATE AND LOCAL REQUESTS FOR WAIV- of the House of Representatives, with rec-
subsection (b), and upon the request of a local ERS.— ommendations on any additional waivers under
educational agency, waive any statutory or reg- (1) IN GENERAL.—A State educational agency, the Individuals with Disabilities Education Act
ulatory provision described under paragraph (2) local educational agency, or Indian tribe that (20 U.S.C. 1401 et seq.), the Rehabilitation Act of
of subsection (b), if the Secretary determines desires a waiver from any statutory or regu- 1973 (29 U.S.C. 701 et seq.), the Elementary and
that such a waiver is necessary and appropriate latory provision described under subsection Secondary Education Act of 1965 (20 U.S.C. 6301
due to the emergency involving Federal primary (b)(2), may submit a waiver request to the Sec- et seq.), and the Carl D. Perkins Career and
responsibility determined to exist by the Presi- retary in accordance with this subsection. Technical Education Act of 2006 (20 U.S.C. 2301
dent under the section 501(b) of the Robert T. (2) REQUESTS SUBMITTED.—A request for a et seq.) the Secretary believes are necessary to
Stafford Disaster Relief and Emergency Assist- waiver under this subsection shall— be enacted into law to provide limited flexibility
ance Act (42 U.S.C. 5191(b)) with respect to the (A) identify the Federal programs affected by to States and local educational agencies to meet
Coronavirus Disease 2019 (COVID–19). the requested waiver; the needs of students during the emergency in-
(b) APPLICABLE PROVISIONS OF LAW.— (B) describe which Federal statutory or regu- volving Federal primary responsibility deter-
(1) STREAMLINED WAIVERS.—The Secretary latory requirements are to be waived; mined to exist by the President under section
shall create an expedited application process to (C) describe how the emergency involving Fed- 501(b) of the Robert T. Stafford Disaster Relief
request a waiver and the Secretary may waive eral primary responsibility determined to exist and Emergency Assistance Act (42 U.S.C.
any statutory or regulatory requirements for a by the President under the section 501(b) of the 5191(b)) with respect to the Coronavirus Disease
State educational agency (related to assess- Robert T. Stafford Disaster Relief and Emer- 2019 (COVID–19).
ments, accountability, and reporting require- gency Assistance Act (42 U.S.C. 5191(b)) with re- (e) TERMS.—In this section, the term ‘‘State
ments related to assessments and account- spect to the Coronavirus Disease 2019 (COVID– educational agency’’ includes the Bureau of In-
ability), if the Secretary determines that such a 19) prevents or otherwise restricts the ability of dian Education, and the term ‘‘local edu-
waiver is necessary and appropriate as de- the State, State educational agency, local edu- cational agency’’ includes Bureau of Indian
scribed in subsection (a), under the following cational agency, Indian tribe, or school to com- Education funded schools operated pursuant to
provisions of law: ply with such statutory or regulatory require- a grant under the Tribally Controlled Schools
(A) The following provisions under section ments; and Act of 1988 (25 U.S.C. 2501 et seq.), or a contract
1111 of the Elementary and Secondary Edu- (D) provide an assurance that the State edu- under the Indian Self-Determination and Edu-
cation Act of 1965 (20 U.S.C. 6311): cational agency, local educational agency, or cation Assistance Act (25 U.S.C. 5301 et seq.).
(i) Paragraphs (2) and (3) of subsection (b). Indian tribe will work to mitigate any negative
SEC. 3512. HBCU CAPITAL FINANCING.
(ii) Subsection (c)(4). effects, if any, that may occur as a result of the
requested waiver. (a) DEFERMENT PERIOD.—
(iii) Subparagraphs (C) and (D) of subsection
(3) SECRETARY APPROVAL.— (1) IN GENERAL.—Notwithstanding any provi-
(d)(2).
(A) IN GENERAL.—Except as provided under sion of title III of the Higher Education Act of
(iv) The following provisions under subsection
subparagraph (B), the Secretary shall approve 1965 (20 U.S.C. 1051 et seq.), or any regulation
(h) of such section 1111:
(I) Clauses (i), (ii), (iii)(I), (iv), (v), (vi), (vii), or disapprove a waiver request submitted under promulgated under such title, the Secretary may
and (xi) of paragraph (1)(C). paragraph (1) not more than 30 days after the grant a deferment, for the duration of a quali-
(II) Paragraph (2)(C) with respect to the date on which such request is submitted. fying emergency, to an institution that has re-
waived requirements under subclause (I). (B) EXCEPTIONS.—The Secretary may dis- ceived a loan under part D of title III of such
(III) Clauses (i) and (ii) of paragraph (2)(C). approve a waiver request submitted under para- Act (20 U.S.C. 1066 et seq.).
(B) Section 421(b) of the General Education graph (1), only if the Secretary determines (2) TERMS.—During the deferment period
Provisions Act (20 U.S.C. 1225(b)). that— granted under this subsection—
(2) STATE AND LOCALLY-REQUESTED WAIV- (i) the waiver request does not meet the re- (A) the institution shall not be required to pay
ERS.—For a State educational agency, local edu- quirements of this section; any periodic installment of principal or interest
cational agency, or Indian tribe that receives (ii) the waiver is not permitted pursuant to required under the loan agreement for such
funds under a program authorized under the El- subsection (b)(2); or loan; and
ementary and Secondary Education Act of 1965 (iii) the description required under paragraph (B) the Secretary shall make principal and in-
(20 U.S.C. 6301 et seq.) that requests a waiver (2)(C) provides insufficient information to dem- terest payments otherwise due under the loan
under subsection (c), the Secretary may waive onstrate that the waiving of such requirements agreement.
statutory and regulatory requirements under is necessary or appropriate consistent with sub- (3) CLOSING.—At the closing of a loan deferred
any of the following provisions of such Act: section (a). under this subsection, terms shall be set under
(A) Section 1114(a)(1). (4) DURATION.—A waiver approved by the Sec- which the institution shall be required to repay
(B) Section 1118(a) and section 8521. retary under this section may be for a period not the Secretary for the payments of principal and
(C) Section 1127. to exceed the 2019–2020 academic year, except to interest made by the Secretary during the
(D) Section 4106(d). carry out full implementation of any mainte- deferment, on a schedule that begins upon re-
(E) Subparagraphs (C), (D), and (E) of section nance of effort waivers granted during the 2019– payment to the lender in full on the loan agree-
4106(e)(2). 2020 academic year. ment, except in no case shall repayment be re-
(F) Section 4109(b). (d) REPORTING AND PUBLICATION.— quired to begin before the date that is 1 full fis-
(G) The definition under section 8101(42) for (1) PUBLIC NOTICE.—A State educational cal year after the date that is the end of the
purposes of the Elementary and Secondary Edu- agency, Indian Tribe, or local educational agen- qualifying emergency.
cation Act of 1965 (20 U.S.C. 6301 et seq.). cy requesting a waiver under subsection (b)(2) (b) TERMINATION DATE.—
(3) APPLICABILITY TO CHARTER SCHOOLS.—Any shall provide the public and all local edu- (1) IN GENERAL.—The authority provided
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waivers issued by the Secretary under this sec- cational agencies in the State with notice of, under this section to grant a loan deferment
tion shall be implemented, as applicable— and the opportunity to comment on, the request under subsection (a) shall terminate on the date
(A) for all public schools, including public by posting information regarding the waiver re- on which the qualifying emergency is no longer
charter schools within the boundaries of the re- quest and the process for commenting on the in effect.
cipient of the waiver; State website. (2) DURATION.—Any provision of a loan agree-
(B) in accordance with State charter school (2) NOTIFYING CONGRESS.—Not later than 7 ment or insurance agreement modified by the
law; and days after granting a waiver under this section, authority under this section shall remain so
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H1764 CONGRESSIONAL RECORD — HOUSE March 27, 2020
modified for the duration of the period covered (4) and (11) of section 552a(e) of title 5, United National and Community Service Act of 1990 (42
by the loan agreement or insurance agreement. States Code (commonly known as the ‘‘Privacy U.S.C. 12581(l)(3)(A)(i)), the Chief Executive Of-
(c) REPORT.—Not later than 180 days after the Act of 1974’’), except that the notices shall be ficer of the Corporation for National and Com-
date of enactment of this Act, and every 180 published not later than 180 days after the date munity Service may permit fixed-amount grant
days thereafter during the period beginning on of enactment of this Act. recipients under such section 129(l) to maintain
the first day of the qualifying emergency and (g) NOTICE TO BORROWERS AND TRANSITION a pro rata amount of grant funds, at the discre-
ending on September 30 of the fiscal year fol- PERIOD.—To inform borrowers of the actions tion of the Corporation for National and Com-
lowing the end of the qualifying emergency, the taken in accordance with this section and en- munity Service, for participants who exited,
Secretary shall submit to the authorizing com- sure an effective transition, the Secretary were suspended, or are serving in a limited ca-
mittees (as defined in section 103 of the Higher shall— pacity due to COVID–19, to enable the grant re-
Education Act of 1965 (20 U.S.C. 1003)) a report (1) not later than 15 days after the date of en- cipients to maintain operations and to accept
that identifies each institution that received as- actment of this Act, notify borrowers— participants.
sistance under this section. (A) of the actions taken in accordance with (d) EXTENSION OF TERMS AND AGE LIMITS.—
(d) FUNDING.—There is hereby appropriated, subsections (a) and (b) for whom payments have Notwithstanding any other provision of law, the
out of any money in the Treasury not otherwise been suspended and interest waived; Corporation for National and Community Serv-
appropriated, $62,000,000 to carry out this sec- (B) of the actions taken in accordance with ice may extend the term of service (for a period
tion. subsection (e) for whom collections have been not to exceed the 1-year period immediately fol-
SEC. 3513. TEMPORARY RELIEF FOR FEDERAL suspended; lowing the end of the national emergency) or
STUDENT LOAN BORROWERS. (C) of the option to continue making pay- waive any upper age limit (except in no case
(a) IN GENERAL.—The Secretary shall suspend ments toward principal; and shall the maximum age exceed 26 years of age)
all payments due for loans made under part D (D) that the program under this section is a
for national service programs carried out by the
and part B (that are held by the Department of temporary program.
(2) beginning on August 1, 2020, carry out a National Civilian Community Corps under sub-
Education) of title IV of the Higher Education title E of title I of the National and Community
program to provide not less than 6 notices by
Act of 1965 (20 U.S.C. 1087a et seq.; 1071 et seq.) Service Act of 1990 (42 U.S.C. 12611 et seq.), and
postal mail, telephone, or electronic communica-
through September 30, 2020. the participants in such programs, for the pur-
tion to borrowers indicating—
(b) NO ACCRUAL OF INTEREST.—Notwith- poses of—
(A) when the borrower’s normal payment obli-
standing any other provision of the Higher Edu- (1) addressing disruptions due to COVID–19;
gations will resume; and
cation Act of 1965 (20 U.S.C. 1001 et seq.), inter- (B) that the borrower has the option to enroll and
est shall not accrue on a loan described under in income-driven repayment, including a brief (2) minimizing the difficulty in returning to
subsection (a) for which payment was sus- description of such options. full operation due to COVID–19 on such pro-
pended for the period of the suspension. SEC. 3514. PROVISIONS RELATED TO THE COR- grams and participants.
(c) CONSIDERATION OF PAYMENTS.—Notwith- PORATION FOR NATIONAL AND COM- SEC. 3515. WORKFORCE RESPONSE ACTIVITIES.
standing any other provision of the Higher Edu- MUNITY SERVICE. (a) ADMINISTRATIVE COSTS.—Notwithstanding
cation Act of 1965 (20 U.S.C. 1001 et seq.), the (a) ACCRUAL OF SERVICE HOURS.— section 128(b)(4) of the Workforce Innovation
Secretary shall deem each month for which a (1) ACCRUAL THROUGH OTHER SERVICE Opportunity Act (29 U.S.C. 3163(b)(4)), of the
loan payment was suspended under this section HOURS.— total amount allocated to a local area (including
as if the borrower of the loan had made a pay- (A) IN GENERAL.—Notwithstanding any other the total amount allotted to a single State local
ment for the purpose of any loan forgiveness provision of the Domestic Volunteer Service Act area) under subtitle B of title I of such Act (29
program or loan rehabilitation program author- of 1973 (42 U.S.C. 4950 et seq.) or the National U.S.C. 3151 et seq.) for program year 2019, not
ized under part D or B of title IV of the Higher and Community Service Act of 1990 (42 U.S.C. more than 20 percent of the total amount may be
Education Act of 1965 (20 U.S.C. 1087a et seq.; 12501 et seq.), the Corporation for National and used for the administrative costs of carrying out
1071 et seq.) for which the borrower would have Community Service shall allow an individual de- local workforce investment activities under
otherwise qualified. scribed in subparagraph (B) to accrue other chapter 2 or chapter 3 of subtitle B of title I of
(d) REPORTING TO CONSUMER REPORTING service hours that will count toward the number such Act, if the portion of the total amount that
AGENCIES.—During the period in which the Sec- of hours needed for the individual’s education exceeds 10 percent of the total amount is used to
retary suspends payments on a loan under sub- award. respond to a qualifying emergency.
section (a), the Secretary shall ensure that, for (B) AFFECTED INDIVIDUALS.—Subparagraph (b) RAPID RESPONSE ACTIVITIES.—
the purpose of reporting information about the (A) shall apply to any individual serving in a (1) STATEWIDE RAPID RESPONSE.—Of the funds
loan to a consumer reporting agency, any pay- position eligible for an educational award under reserved by a Governor for program year 2019
ment that has been suspended is treated as if it subtitle D of title I of the National and Commu- for statewide activities under section 128(a) of
were a regularly scheduled payment made by a nity Service Act of 1990 (42 U.S.C. 12601 et the Workforce Innovation and Opportunity Act
borrower. seq.)— (29 U.S.C. 3163(a)) that remain unobligated,
(e) SUSPENDING INVOLUNTARY COLLECTION.— (i) who is performing limited service due to such funds may be used for statewide rapid re-
During the period in which the Secretary sus- COVID–19; or sponse activities as described in section
pends payments on a loan under subsection (a), (ii) whose position has been suspended or
134(a)(2)(A) of such Act (29 U.S.C. 3174(a)(2)(A))
the Secretary shall suspend all involuntary col- placed on hold due to COVID–19.
for responding to a qualifying emergency.
lection related to the loan, including— (2) PROVISIONS IN CASE OF EARLY EXIT.—In
(2) LOCAL BOARDS.—Of the funds reserved by
(1) a wage garnishment authorized under sec- any case where an individual serving in a posi-
a Governor for program year 2019 under section
tion 488A of the Higher Education Act of 1965 tion eligible for an educational award under
133(a)(2) of such Act (29 U.S.C. 3173(a)(2)) that
(20 U.S.C. 1095a) or section 3720D of title 31, subtitle D of title I of the National and Commu-
remain unobligated, such funds may be released
United States Code; nity Service Act of 1990 (42 U.S.C. 12601 et seq.)
within 30 days after the date of enactment of
(2) a reduction of tax refund by amount of was required to exit the position early at the di-
this Act to the local boards most impacted by the
debt authorized under section 3720A of title 31, rection of the Corporation for National and
coronavirus at the determination of the Gov-
United States Code, or section 6402(d) of the In- Community Service, the Chief Executive Officer
ernor for rapid response activities related to re-
ternal Revenue Code of 1986; of the Corporation for National and Community
sponding to a qualifying emergency.
(3) a reduction of any other Federal benefit Service may—
(A) deem such individual as having met the (c) DEFINITIONS.—Except as otherwise pro-
payment by administrative offset authorized
requirements of the position; and vided, the terms in this section have the mean-
under section 3716 of title 31, United States Code
(B) award the individual the full value of the ings given the terms in section 3 of the Work-
(including a benefit payment due to an indi-
educational award under such subtitle for force Innovation and Opportunity Act (29
vidual under the Social Security Act or any
which the individual would otherwise have been U.S.C. 3102).
other provision described in subsection
(c)(3)(A)(i) of such section); and eligible. SEC. 3516. TECHNICAL AMENDMENTS.
(4) any other involuntary collection activity (b) AVAILABILITY OF FUNDS.—Notwith- (a) IN GENERAL.—
by the Secretary. standing any other provision of law, all funds (1) Section 6103(a)(3) of the Internal Revenue
(f) WAIVERS.—In carrying out this section, the made available to the Corporation for National Code of 1986, as amended by the FUTURE Act
Secretary may waive the application of— and Community Service under any Act, includ- (Public Law 116–91), is further amended by
(1) subchapter I of chapter 35 of title 44, ing the amounts appropriated to the Corpora- striking ‘‘(13), (16)’’ and inserting ‘‘(13)(A),
United States Code (commonly known as the tion under the headings ‘‘OPERATING EX- (13)(B), (13)(C), (13)(D)(i), (16)’’.
‘‘Paperwork Reduction Act’’); PENSES’’, ‘‘SALARIES AND EXPENSES’’, and ‘‘OF- (2) Section 6103(p)(3)(A) of such Code, as so
(2) the master calendar requirements under FICE OF THE INSPECTOR GENERAL’’ under the amended, is further amended by striking ‘‘(12),’’
section 482 of the Higher Education Act of 1965 heading ‘‘CORPORATION FOR NATIONAL AND and inserting ‘‘(12), (13)(A), (13)(B), (13)(C),
dlhill on DSKBBY8HB2PROD with HOUSE
(20 U.S.C. 1089); COMMUNITY SERVICE’’ under title IV of Division (13)(D)(i)’’.
(3) negotiated rulemaking under section 492 of A of the Further Consolidated Appropriations (3) Section 6103(p)(4) of such Code, as so
the Higher Education Act of 1965 (20 U.S.C. Act, 2020 (Public Law 116–94), shall remain amended, is further amended by striking ‘‘(13)
1098a); and available for the fiscal year ending September or (16)’’ each place it appears and inserting
(4) the requirement to publish the notices re- 30, 2021. ‘‘(13), or (16)’’.
lated to the system of records of the agency be- (c) NO REQUIRED RETURN OF GRANT FUNDS.— (4) Section 6103(p)(4) of such Code, as so
fore implementation required under paragraphs Notwithstanding section 129(l)(3)(A)(i) of the amended and as amended by paragraph (3), is
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1765
further amended by striking ‘‘(13)’’ each place it first day of the qualifying emergency and end- teaching service and completes a total of 5 years
appears and inserting ‘‘(13)(A), (13)(B), (13)(C), ing on September 30 of the fiscal year following of qualifying teaching service under such sec-
(13)(D)(i)’’. the end of the qualifying emergency, the Sec- tions, including qualifying teaching service per-
(5) Section 6103(l)(13)(C)(ii) of such Code, as retary shall submit to the authorizing commit- formed before, during, and after such qualifying
added by the FUTURE Act (Public Law 116–91), tees (as defined in section 103 of the Higher emergency.
is amended by striking ‘‘section 236A(e)(4)’’ and Education Act of 1965 (20 U.S.C. 1003)) a report Subtitle C—Labor Provisions
inserting ‘‘section 263A(e)(4)’’. that identifies each institution that received a SEC. 3601. LIMITATION ON PAID LEAVE.
(b) EFFECTIVE DATE.—The amendments made waiver or modification under this section.
Section 110(b)(2)(B) of the Family and Med-
by this section shall apply as if included in the SEC. 3518. AUTHORIZED USES AND OTHER MODI- ical Leave Act of 1993 (as added by the Emer-
enactment of the FUTURE Act (Public Law 116– FICATIONS FOR GRANTS.
gency Family and Medical Leave Expansion
91). (a) IN GENERAL.—The Secretary is authorized Act) is amended by striking clause (ii) and in-
SEC. 3517. WAIVER AUTHORITY AND REPORTING to modify the required and allowable uses of
REQUIREMENT FOR INSTITUTIONAL
serting the following:
funds for grants awarded under part A or B of ‘‘(ii) LIMITATION.—An employer shall not be
AID.
title III, chapter I or II of subpart 2 of part A required to pay more than $200 per day and
(a) WAIVER AUTHORITY.—Notwithstanding of title IV, title V, or subpart 4 of part A of title
any other provision of the Higher Education Act $10,000 in the aggregate for each employee for
VII of the Higher Education Act of 1965 (20 paid leave under this section.’’.
of 1965 (U.S.C. 1001 et seq.), unless enacted with U.S.C. 1057 et seq.; 1060 et seq.; 1070a–11 et seq.;
specific reference to this section, for any institu- SEC. 3602. EMERGENCY PAID SICK LEAVE ACT
1070a–21 et seq.; 1101 et seq.; 1136a et seq.) to an LIMITATION.
tion of higher education that was receiving as- institution of higher education or other grant
sistance under title III, title V, or subpart 4 of Section 5102 of the Emergency Paid Sick
recipient (not including individual recipients of Leave Act (division E of the Families First
part A of title VII of such Act (20 U.S.C. 1051 et Federal student financial assistance), at the re-
seq.; 1101 et seq.; 1136a et seq.) at the time of a Coronavirus Response Act) is amended by add-
quest of an institution of higher education or ing at the end the following:
qualifying emergency, the Secretary may, for other recipient of a grant (not including indi-
the period beginning on the first day of the ‘‘(f) LIMITATIONS.—An employer shall not be
vidual recipients of Federal student financial required to pay more than either—
qualifying emergency and ending on September assistance) as a result of a qualifying emer- ‘‘(1) $511 per day and $5,110 in the aggregate
30 of the fiscal year following the end of the gency, for the period beginning on the first day for each employee, when the employee is taking
qualifying emergency— of the qualifying emergency and ending on Sep-
(1) waive— leave for a reason described in paragraph (1),
tember 30 of the fiscal year following the end of (2), or (3) of section 5102(a); or
(A) the eligibility data requirements set forth the qualifying emergency.
in section 391(d) and 521(e) of the Higher Edu- ‘‘(2) $200 per day and $2,000 in the aggregate
(b) MATCHING REQUIREMENT MODIFICA- for each employee, when the employee is taking
cation Act of 1965 (20 U.S.C. 1068(d); 1103(e)); TIONS.—Notwithstanding any other provision of
(B) the wait-out period set forth in section leave for a reason described in paragraph (4),
the Higher Education Act of 1965 (20 U.S.C. 1001 (5), or (6) of section 5102(a).’’.
313(d) of the Higher Education Act of 1965 (20
et seq.), the Secretary is authorized to modify SEC. 3603. UNEMPLOYMENT INSURANCE.
U.S.C. 1059(d));
any Federal share or other financial matching Section 903(h)(2)(B) of the Social Security Act
(C) the allotment requirements under para-
requirement for a grant awarded on a competi- (42 U.S.C. 1103(h)(2)(B)), as added by section
graphs (2) and (3) of subsection 318(e) of the
tive basis or a grant awarded under part A or B 4102 of the Emergency Unemployment Insurance
Higher Education Act of 1965 (20 U.S.C.
of title III or subpart 4 of part A of title VII of Stabilization and Access Act of 2020, is amended
1059e(e)), and the reference to ‘‘the academic
the Higher Education Act of 1965 (20 U.S.C. 1057 to read as follows:
year preceding the beginning of that fiscal
et seq.; 1060 et seq.; 1136a et seq.) at the request ‘‘(B) The State ensures that applications for
year’’ under such section 318(e)(1);
(D) the allotment requirements under sub- of an institution of higher education or other unemployment compensation, and assistance
sections (b), (c), and (g) of section 324 of the grant recipient as a result of a qualifying emer- with the application process, are accessible, to
Higher Education Act of 1965 (20 U.S.C. 1063), gency, for the period beginning on the first day the extent practicable in at least two of the fol-
the reference to ‘‘the end of the school year pre- of the qualifying emergency and ending on Sep- lowing: in person, by phone, or online.’’.
ceding the beginning of that fiscal year’’ under tember 30 of the fiscal year following the end of SEC. 3604. OMB WAIVER OF PAID FAMILY AND
such section 324(a), and the reference to ‘‘the the qualifying emergency. PAID SICK LEAVE.
academic year preceding such fiscal year’’ (c) REPORTS.—Not later than 180 days after (a) FAMILY AND MEDICAL LEAVE ACT OF
under such section 324(h); the date of enactment of this Act, and every 180 1993.—Section 110(a) of title I of the Family and
(E) subparagraphs (A), (C), (D), and (E) of days thereafter for the duration of the period Medical Leave Act of 1993 (29 U.S.C. 2611 et
section 326(f)(3) of the Higher Education Act of beginning on the first day of the qualifying seq.) (as added by division C of the Families
1965 (20 U.S.C. 1063b(f)(3)), and references to emergency and ending on September 30 of the First Coronavirus Response Act) is amended by
‘‘previous year’’ under such section 326(f)(3)(B); fiscal year following the end of the qualifying adding at the end the following new paragraph:
(F) subparagraphs (A), (C), (D), and (E) of emergency, the Secretary shall submit to the au- ‘‘(4) The Director of the Office of Management
section 723(f)(3) and subparagraphs (A), (C), thorizing committees (as defined in section 103 and Budget shall have the authority to exclude
(D), and (E) of section 724(f)(3) of the Higher of the Higher Education Act of 1965 (20 U.S.C. for good cause from the requirements under sub-
Education Act of 1965 (20 U.S.C. 1136a(f)(3); 1003)) a report that identifies each institution of section (b) certain employers of the United
1136b(f)(3)), and references to ‘‘previous aca- higher education or other grant recipient that States Government with respect to certain cat-
demic year’’ under subparagraph (B) of such received a modification under this section. egories of Executive Branch employees.’’.
sections 723(f)(3) and 724(f)(3); and SEC. 3519. SERVICE OBLIGATIONS FOR TEACH- (b) EMERGENCY PAID SICK LEAVE ACT.—The
(G) the allotment restriction set forth in sec- ERS. Emergency Paid Sick Leave Act (division E of
tion 318(d)(4) and section 323(c)(2) of the Higher (a) TEACH GRANTS.—For the purpose of sec- the Families First Coronavirus Response Act) is
Education Act of 1965 (20 U.S.C. 1059e(d)(4); tion 420N of the Higher Education Act of 1965 amended by adding at the end the following
1062(c)(2)); and (20 U.S.C. 1070g–2), during a qualifying emer- new section:
(2) waive or modify any statutory or regu- gency, the Secretary— ‘‘SEC. 5112. AUTHORITY TO EXCLUDE CERTAIN
latory provision to ensure that institutions that (1) may modify the categories of extenuating EMPLOYEES.
were receiving assistance under title III, title V, circumstances under which a recipient of a ‘‘The Director of the Office of Management
or subpart 4 of part A of title VII of such Act grant under subpart 9 of part A of title IV of the and Budget shall have the authority to exclude
(20 U.S.C. 1051 et seq.; 1101 et seq.; 1136a et seq.) Higher Education Act of 1965 (20 U.S.C. 1070g et for good cause from the definition of employee
at the time of a qualifying emergency are not seq.) who is unable to fulfill all or part of the under section 5110(1) certain employees de-
adversely affected by any formula calculation recipient’s service obligation may be excused scribed in subparagraphs (E) and (F) of such
for fiscal year 2020 and for the period beginning from fulfilling that portion of the service obliga- section, including by exempting certain United
on the first day of the qualifying emergency and tion; and States Government employers covered by section
ending on September 30 of the fiscal year fol- (2) shall consider teaching service that, as a 5110(2)(A)(i)(V) from the requirements of this
lowing the end of the qualifying emergency, as result of a qualifying emergency, is part-time or title with respect to certain categories of Execu-
necessary. temporarily interrupted, to be full-time service tive Branch employees.’’.
(b) USE OF UNEXPENDED FUNDS.—Any funds and to fulfill the service obligations under such SEC. 3605. PAID LEAVE FOR REHIRED EMPLOY-
paid to an institution under title III, title V, or section 420N. EES.
subpart 4 of part A of title VII of the Higher (b) TEACHER LOAN FORGIVENESS.—Notwith- Section 110(a)(1)(A) of the Family and Med-
Education Act of 1965 (20 U.S.C. 1051 et seq.; standing section 428J or 460 of the Higher Edu- ical Leave Act of 1993, as added by section 3102
1101 et seq.; 1136a et seq.) and not expended or cation Act of 1965 (20 U.S.C. 1078–10; 1087j), the of the Emergency Family and Medical Leave
used for the purposes for which the funds were Secretary shall waive the requirements under Expansion Act, is amended to read as follows:
dlhill on DSKBBY8HB2PROD with HOUSE
paid to the institution during the 5-year period such sections that years of teaching service ‘‘(A) ELIGIBLE EMPLOYEE.—
following the date on which the funds were first shall be consecutive if— ‘‘(i) IN GENERAL.—In lieu of the definition in
paid to the institution, may be carried over and (1) the teaching service of a borrower is tem- sections 101(2)(A) and 101(2)(B)(ii), the term ‘eli-
expended during the succeeding 5-year period. porarily interrupted due to a qualifying emer- gible employee’ means an employee who has
(c) REPORT.—Not later than 180 days after the gency; and been employed for at least 30 calendar days by
date of enactment of this Act, and every 180 (2) after the temporary interruption due to a the employer with respect to whom leave is re-
days thereafter for the period beginning on the qualifying emergency, the borrower resumes quested under section 102(a)(1)(F).
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H1766 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(ii) RULE REGARDING REHIRED EMPLOYEES.— amended by striking ‘‘or a terroristic or military (c) EFFECTIVE DATE.—The amendments made
For purposes of clause (i), the term ‘employed action (as defined in section 692(c)(2) of such by this section shall apply to plan years begin-
for at least 30 calendar days’, used with respect Code), the Secretary may’’ and inserting ‘‘a ter- ning after December 31, 2018.
to an employee and an employer described in roristic or military action (as defined in section SEC. 3610. FEDERAL CONTRACTOR AUTHORITY.
clause (i), includes an employee who was laid 692(c)(2) of such Code), or a public health emer- Notwithstanding any other provision of law,
off by that employer not earlier than March 1, gency declared by the Secretary of Health and and subject to the availability of appropriations,
2020, had worked for the employer for not less Human Services pursuant to section 319 of the funds made available to an agency by this Act
than 30 of the last 60 calendar days prior to the Public Health Service Act, the Secretary may’’. or any other Act may be used by such agency to
employee’s layoff, and was rehired by the em- SEC. 3608. SINGLE-EMPLOYER PLAN FUNDING modify the terms and conditions of a contract,
ployer.’’. RULES. or other agreement, without consideration, to
SEC. 3606. ADVANCE REFUNDING OF CREDITS. (a) DELAY IN PAYMENT OF MINIMUM REQUIRED reimburse at the minimum applicable contract
(a) PAYROLL CREDIT FOR REQUIRED PAID SICK CONTRIBUTIONS.—In the case of any minimum billing rates not to exceed an average of 40
LEAVE.—Section 7001 of division G of the Fami- required contribution (as determined under sec- hours per week any paid leave, including sick
lies First Coronavirus Response Act is amend- tion 430(a) of the Internal Revenue Code of 1986 leave, a contractor provides to keep its employ-
ed— and section 303(a) of the Employee Retirement ees or subcontractors in a ready state, including
(1) in subsection (b)(4)(A)— Income Security Act of 1974 (29 U.S.C. 1083(a))) to protect the life and safety of Government and
(A) by striking ‘‘(A) In general.—If the which (but for this section) would otherwise be contractor personnel, but in no event beyond
amount’’ and inserting ‘‘(A)(i) Credit is refund- due under section 430(j) of such Code (including September 30, 2020. Such authority shall apply
able.—If the amount’’; and quarterly contributions under paragraph (3) only to a contractor whose employees or sub-
(B) by adding at the end the following: thereof) and section 303(j) of such Act (29 U.S.C.
‘‘(ii) ADVANCING CREDIT.—In anticipation of contractors cannot perform work on a site that
1083(j)) (including quarterly contributions under has been approved by the Federal Government,
the credit, including the refundable portion
paragraph (3) thereof) during calendar year including a federally-owned or leased facility or
under clause (i), the credit may be advanced,
2020— site, due to facility closures or other restrictions,
according to forms and instructions provided by
(1) the due date for such contributions shall and who cannot telework because their job du-
the Secretary, up to an amount calculated
be January 1, 2021, and ties cannot be performed remotely during the
under subsection (a), subject to the limits under
(2) the amount of each such minimum required public health emergency declared on January
subsection (b), both calculated through the end
contribution shall be increased by interest ac- 31, 2020 for COVID–19: Provided, That the max-
of the most recent payroll period in the quar-
cruing for the period between the original due imum reimbursement authorized by this section
ter.’’;
(2) in subsection (f)— date (without regard to this section) for the con- shall be reduced by the amount of credit a con-
(A) in paragraph (4), by striking ‘‘, and’’ and tribution and the payment date, at the effective tractor is allowed pursuant to division G of Pub-
inserting a comma; rate of interest for the plan for the plan year lic Law 116–127 and any applicable credits a
(B) in paragraph (5), by striking the period at which includes such payment date. contractor is allowed under this Act.
the end and inserting ‘‘, and’’; and (b) BENEFIT RESTRICTION STATUS.—For pur- SEC. 3611. TECHNICAL CORRECTIONS.
(C) by adding at the end the following: poses of section 436 of the Internal Revenue (1) Section 110(a)(3) of the Family and Med-
‘‘(6) regulations or other guidance to permit Code of 1986 and section 206(g) of the Employee ical Leave Act of 1993 (as added by the Emer-
the advancement of the credit determined under Retirement Income Security Act of 1974 (29 gency and Medical Leave Expansion Act) is
subsection (a).’’; and U.S.C. 1056(g)), a plan sponsor may elect to amended by striking ‘‘553(d)(A)’’ and inserting
(3) by inserting after subsection (h) the fol- treat the plan’s adjusted funding target attain- ‘‘553(d)(3)’’.
lowing new subsection: ment percentage for the last plan year ending (2) Section 5111 of the Emergency Paid Sick
‘‘(i) TREATMENT OF DEPOSITS.—The Secretary before January 1, 2020, as the adjusted funding Leave Act (division E of the Families First
of the Treasury (or the Secretary’s delegate) target attainment percentage for plan years Coronavirus Response Act) is amended by strik-
shall waive any penalty under section 6656 of which include calendar year 2020. ing ‘‘553(d)(A)’’ and inserting ‘‘553(d)(3)’’.
the Internal Revenue Code of 1986 for any fail- SEC. 3609. APPLICATION OF COOPERATIVE AND (3) Section 110(c) of the Family and Medical
ure to make a deposit of the tax imposed by sec- SMALL EMPLOYER CHARITY PEN- Leave Act of 1993 (as added by the Emergency
tion 3111(a) or 3221(a) of such Code if the Sec- SION PLAN RULES TO CERTAIN
and Medical Leave Expansion Act) is amended
retary determines that such failure was due to CHARITABLE EMPLOYERS WHOSE
PRIMARY EXEMPT PURPOSE IS PRO- by striking ‘‘subsection (a)(2)(A)(iii)’’ and in-
the anticipation of the credit allowed under this
VIDING SERVICES WITH RESPECT TO serting ‘‘subsection (a)(2)(A)’’.
section.’’.
MOTHERS AND CHILDREN. (4) Section 3104 of the Emergency Family and
(b) PAYROLL CREDIT FOR REQUIRED PAID
(a) EMPLOYEE RETIREMENT INCOME SECURITY Medical Leave Expansion Act (division C of the
FAMILY LEAVE.—Section 7003 of division G of
ACT OF 1974.—Section 210(f)(1) of the Employee Families First Coronavirus Response Act) is
the Families First Coronavirus Response Act is
Retirement Income Security Act of 1974 (29 amended—
amended—
(1) in subsection (b)(3)— U.S.C. 1060(f)(1)) is amended— (A) by striking ‘‘110(a)(B)’’ and inserting
(A) by striking ‘‘If the amount’’ and inserting (1) by striking ‘‘or’’ at the end of subpara- ‘‘section 110(a)(1)(B) of the Family and Medical
‘‘(A) Credit is refundable.—If the amount’’; and graph (B); Leave Act of 1993’’; and
(B) by adding at the end the following: (2) by striking the period at the end of sub- (B) by striking ‘‘section 107(a) for a violation
‘‘(B) ADVANCING CREDIT.—In anticipation of paragraph (C)(iv) and inserting ‘‘; or’’; and of section 102(a)(1)(F) if the employer does not
the credit, including the refundable portion (3) by inserting after subparagraph (C) the meet the definition of employer set forth in Sec-
under subparagraph (A), the credit may be ad- following new subparagraph: tion 101(4)(A)(i)’’ and inserting ‘‘section 107(a)
vanced, according to forms and instructions pro- ‘‘(D) that, as of January 1, 2000, was main- of such Act for a violation of section
vided by the Secretary, up to an amount cal- tained by an employer— 102(a)(1)(F) of such Act if the employer does not
culated under subsection (a), subject to the lim- ‘‘(i) described in section 501(c)(3) of the Inter- meet the definition of employer set forth in sec-
its under subsection (b), both calculated nal Revenue Code of 1986, tion 101(4)(A)(i) of such Act’’.
through the end of the most recent payroll pe- ‘‘(ii) who has been in existence since at least (5) Section 5110(1) of the Emergency Paid Sick
riod in the quarter.’’; 1938, Leave Act (division E of the Families First
(2) in subsection (f)— ‘‘(iii) who conducts medical research directly Coronavirus Response Act) is amended—
(A) in paragraph (4), by striking ‘‘, and’’ and or indirectly through grant making, and (A) in the matter preceding subparagraph (A),
inserting a comma; ‘‘(iv) whose primary exempt purpose is to pro- by striking ‘‘terms’’ and inserting ‘‘term’’; and
(B) in paragraph (5), by striking the period at vide services with respect to mothers and chil- (B) in subparagraph (A)(i), by striking ‘‘para-
the end and inserting ‘‘, and’’; and dren.’’. graph (5)(A)’’ and inserting ‘‘paragraph
(C) by adding at the end the following: (b) INTERNAL REVENUE CODE OF 1986.—Section (2)(A)’’.
‘‘(6) regulations or other guidance to permit 414(y)(1) of the Internal Revenue Code of 1986 is (6) Section 5110(2)(B)(ii) of the Emergency
the advancement of the credit determined under amended— Paid Sick Leave Act (division E of the Families
subsection (a).’’; and (1) by striking ‘‘or’’ at the end of subpara- First Coronavirus Response Act) is amended by
(c) by inserting after subsection (h) the fol- graph (B); striking ‘‘clause (i)(IV)’’ and inserting ‘‘clause
lowing new subsection: (2) by striking the period at the end of sub- (i)(III)’’.
‘‘(i) TREATMENT OF DEPOSITS.—The Secretary paragraph (C)(iv) and inserting ‘‘; or’’; and (7) Section 110(a)(3) of the Family and Med-
of the Treasury (or the Secretary’s delegate) (3) by inserting after subparagraph (C) the ical Leave Act of 1993 (as added by the Emer-
shall waive any penalty under section 6656 of following new subparagraph: gency and Medical Leave Expansion Act) is
the Internal Revenue Code of 1986 for any fail- ‘‘(D) that, as of January 1, 2000, was main- amended—
ure to make a deposit of the tax imposed by sec- tained by an employer— (A) by striking ‘‘and’’ after the semicolon at
tion 3111(a) or 3221(a) of such Code if the Sec- ‘‘(i) described in section 501(c)(3), the end of subparagraph (A);
dlhill on DSKBBY8HB2PROD with HOUSE
retary determines that such failure was due to ‘‘(ii) who has been in existence since at least (B) by striking the period at end of subpara-
the anticipation of the credit allowed under this 1938, graph (B) and inserting ‘‘; and’’; and
section.’’. ‘‘(iii) who conducts medical research directly (C) by adding at the end the following:
SEC. 3607. EXPANSION OF DOL AUTHORITY TO or indirectly through grant making, and ‘‘(C) as necessary to carry out the purposes of
POSTPONE CERTAIN DEADLINES. ‘‘(iv) whose primary exempt purpose is to pro- this Act, including to ensure consistency be-
Section 518 of the Employee Retirement In- vide services with respect to mothers and chil- tween this Act and Division E and Division G of
come Security Act of 1974 (29 U.S.C. 1148) is dren.’’. the Families First Coronavirus Response Act.’’.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1767
(8) Section 5104(1) of the Emergency Paid Sick (1) in subsection (b)(8), by striking ‘‘to an in- SEC. 3705. TEMPORARY WAIVER OF REQUIRE-
Leave Act (division E of the Families First dividual by a qualified provider (as defined in MENT FOR FACE-TO-FACE VISITS BE-
TWEEN HOME DIALYSIS PATIENTS
Coronavirus Response Act) is amended by strik- subsection (g)(3))’’ and all that follows through
AND PHYSICIANS.
ing ‘‘and’’ after the semicolon and inserting the period and inserting ‘‘, the requirements of
‘‘or’’. section 1834(m).’’; and Section 1881(b)(3)(B) of the Social Security Act
(9) Section 5105 of the Emergency Paid Sick (2) in subsection (g), by striking paragraph (42 U.S.C. 1395rr(b)(3)(B)) is amended—
Leave Act (division E of the Families First (1) in clause (i), by striking ‘‘clause (ii)’’ and
(3).
Coronavirus Response Act) is amended by add- inserting ‘‘clauses (ii) and (iii)’’;
SEC. 3704. ENHANCING MEDICARE TELEHEALTH
ing at the end the following: (2) in clause (ii), in the matter preceding sub-
SERVICES FOR FEDERALLY QUALI-
‘‘(c) INVESTIGATIONS AND COLLECTION OF FIED HEALTH CENTERS AND RURAL clause (I), by striking ‘‘Clause (i)’’ and inserting
DATA.—The Secretary of Labor or his designee HEALTH CLINICS DURING EMER- ‘‘Except as provided in clause (iii), clause (i)’’;
may investigate and gather data to ensure com- GENCY PERIOD. and
pliance with this Act in the same manner as au- Section 1834(m) of the Social Security Act (42 (3) by adding at the end the following new
thorized by sections 9 and 11 of the Fair Labor U.S.C. 1395m(m)) is amended— clause:
Standards Act of 1938 (29 U.S.C. 209; 211).’’. (1) in the first sentence of paragraph (1), by ‘‘(iii) The Secretary may waive the provisions
striking ‘‘The Secretary’’ and inserting ‘‘Subject of clause (ii) during the emergency period de-
Subtitle D—Finance Committee scribed in section 1135(g)(1)(B).’’.
to paragraph (8), the Secretary’’;
SEC. 3701. EXEMPTION FOR TELEHEALTH SERV- SEC. 3706. USE OF TELEHEALTH TO CONDUCT
ICES.
(2) in paragraph (2)(A), by striking ‘‘The Sec-
retary’’ and inserting ‘‘Subject to paragraph (8), FACE-TO-FACE ENCOUNTER PRIOR
(a) IN GENERAL.—Paragraph (2) of section TO RECERTIFICATION OF ELIGI-
the Secretary’’; BILITY FOR HOSPICE CARE DURING
223(c) of the Internal Revenue Code of 1986 is
(3) in paragraph (4)— EMERGENCY PERIOD.
amended by adding at the end the following
(A) in subparagraph (A), by striking ‘‘The Section 1814(a)(7)(D)(i) of the Social Security
new subparagraph:
term’’ and inserting ‘‘Subject to paragraph (8), Act (42 U.S.C. 1395f(a)(7(D)(i)) is amended—
‘‘(E) SAFE HARBOR FOR ABSENCE OF DEDUCT-
the term’’; and (1) by striking ‘‘a hospice’’ and inserting ‘‘(I)
IBLE FOR TELEHEALTH.—In the case of plan
(B) in subparagraph (F)(i), by striking ‘‘The subject to subclause (II), a hospice’’; and
years beginning on or before December 31, 2021,
term’’ and inserting ‘‘Subject to paragraph (8), (2) by inserting after subclause (I), as added
a plan shall not fail to be treated as a high de-
the term’’; and by paragraph (1), the following new subclause:
ductible health plan by reason of failing to have
a deductible for telehealth and other remote (4) by adding at the end the following new ‘‘(II) during the emergency period described in
care services.’’. paragraph: section 1135(g)(1)(B), a hospice physician or
(b) CERTAIN COVERAGE DISREGARDED.—Clause ‘‘(8) ENHANCING TELEHEALTH SERVICES FOR nurse practitioner may conduct a face-to-face
FEDERALLY QUALIFIED HEALTH CENTERS AND encounter required under this clause via tele-
(ii) of section 223(c)(1)(B) of the Internal Rev-
RURAL HEALTH CLINICS DURING EMERGENCY PE- health, as determined appropriate by the Sec-
enue Code of 1986 is amended by striking ‘‘or
RIOD.— retary; and’’.
long-term care’’ and inserting ‘‘long-term care,
or (in the case of plan years beginning on or be- ‘‘(A) IN GENERAL.—During the emergency pe- SEC. 3707. ENCOURAGING USE OF TELECOMMUNI-
fore December 31, 2021) telehealth and other re- riod described in section 1135(g)(1)(B)— CATIONS SYSTEMS FOR HOME
mote care’’. ‘‘(i) the Secretary shall pay for telehealth HEALTH SERVICES FURNISHED DUR-
services that are furnished via a telecommuni- ING EMERGENCY PERIOD.
(c) EFFECTIVE DATE.—The amendments made
by this section shall take effect on the date of cations system by a Federally qualified health With respect to home health services (as de-
the enactment of this Act. center or a rural health clinic to an eligible tele- fined in section 1861(m) of the Social Security
SEC. 3702. INCLUSION OF CERTAIN OVER-THE-
health individual enrolled under this part not- Act (42 U.S.C. 1395x(m)) that are furnished dur-
COUNTER MEDICAL PRODUCTS AS withstanding that the Federally qualified ing the emergency period described in section
QUALIFIED MEDICAL EXPENSES. health center or rural clinic providing the tele- 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–
(a) HSAS.—Section 223(d)(2) of the Internal health service is not at the same location as the 5(g)(1)(B)), the Secretary of Health and Human
Revenue Code of 1986 is amended— beneficiary; Services shall consider ways to encourage the
(1) by striking the last sentence of subpara- ‘‘(ii) the amount of payment to a Federally use of telecommunications systems, including for
graph (A) and inserting the following: ‘‘For qualified health center or rural health clinic remote patient monitoring as described in sec-
purposes of this subparagraph, amounts paid that serves as a distant site for such a telehealth tion 409.46(e) of title 42, Code of Federal Regula-
for menstrual care products shall be treated as service shall be determined under subparagraph tions (or any successor regulations) and other
paid for medical care.’’; and (B); and communications or monitoring services, con-
(2) by adding at the end the following new ‘‘(iii) for purposes of this subsection— sistent with the plan of care for the individual,
subparagraph: ‘‘(I) the term ‘distant site’ includes a Feder- including by clarifying guidance and con-
‘‘(D) MENSTRUAL CARE PRODUCT.—For pur- ally qualified health center or rural health clin- ducting outreach, as appropriate.
poses of this paragraph, the term ‘menstrual ic that furnishes a telehealth service to an eligi- SEC. 3708. IMPROVING CARE PLANNING FOR
care product’ means a tampon, pad, liner, cup, ble telehealth individual; and MEDICARE HOME HEALTH SERVICES.
sponge, or similar product used by individuals ‘‘(II) the term ‘telehealth services’ includes a (a) PART A PROVISIONS.—Section 1814(a) of
with respect to menstruation or other genital- rural health clinic service or Federally qualified the Social Security Act (42 U.S.C. 1395f(a)) is
tract secretions.’’. health center service that is furnished using amended—
(b) ARCHER MSAS.—Section 220(d)(2)(A) of telehealth to the extent that payment codes cor- (1) in paragraph (2)—
such Code is amended by striking the last sen- responding to services identified by the Sec- (A) in the matter preceding subparagraph (A),
tence and inserting the following: ‘‘For purposes retary under clause (i) or (ii) of paragraph by inserting ‘‘, a nurse practitioner or clinical
of this subparagraph, amounts paid for men- (4)(F) are listed on the corresponding claim for nurse specialist (as such terms are defined in
strual care products (as defined in section such rural health clinic service or Federally section 1861(aa)(5)) who is working in accord-
223(d)(2)(D)) shall be treated as paid for medical qualified health center service. ance with State law, or a physician assistant
care.’’. ‘‘(B) SPECIAL PAYMENT RULE.— (as defined in section 1861(aa)(5)) who is work-
(c) HEALTH FLEXIBLE SPENDING ARRANGE- ‘‘(i) IN GENERAL.—The Secretary shall develop ing in accordance with State law, who is’’ after
MENTS AND HEALTH REIMBURSEMENT ARRANGE- and implement payment methods that apply ‘‘in the case of services described in subpara-
MENTS.—Section 106 of such Code is amended by under this subsection to a Federally qualified graph (C), a physician’’; and
striking subsection (f) and inserting the fol- health center or rural health clinic that serves (B) in subparagraph (C)—
lowing new subsection: as a distant site that furnishes a telehealth serv- (i) by inserting ‘‘, a nurse practitioner, a clin-
‘‘(f) REIMBURSEMENTS FOR MENSTRUAL CARE ice to an eligible telehealth individual during ical nurse specialist, or a physician assistant (as
PRODUCTS.—For purposes of this section and such emergency period. Such payment methods the case may be)’’ after ‘‘physician’’ the first 2
section 105, expenses incurred for menstrual care shall be based on payment rates that are similar times it appears; and
products (as defined in section 223(d)(2)(D)) to the national average payment rates for com- (ii) by striking ‘‘, and, in the case of a certifi-
shall be treated as incurred for medical care.’’. parable telehealth services under the physician cation made by a physician’’ and all that fol-
(d) EFFECTIVE DATES.— fee schedule under section 1848. Notwith- lows through ‘‘face-to-face encounter’’ and in-
(1) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.— standing any other provision of law, the Sec- serting ‘‘, and, in the case of a certification
The amendment made by subsections (a) and (b) retary may implement such payment methods made by a physician after January 1, 2010, or by
shall apply to amounts paid after December 31, through program instruction or otherwise. a nurse practitioner, clinical nurse specialist, or
2019. ‘‘(ii) EXCLUSION FROM FQHC PPS CALCULATION physician assistant (as the case may be) after a
(2) REIMBURSEMENTS.—The amendment made AND RHC AIR CALCULATION.—Costs associated date specified by the Secretary (but in no case
dlhill on DSKBBY8HB2PROD with HOUSE
by subsection (c) shall apply to expenses in- with telehealth services shall not be used to de- later than the date that is 6 months after the
curred after December 31, 2019. termine the amount of payment for Federally date of the enactment of the CARES Act), prior
SEC. 3703. INCREASING MEDICARE TELEHEALTH qualified health center services under the pro- to making such certification a physician, nurse
FLEXIBILITIES DURING EMERGENCY spective payment system under section 1834(o) or practitioner, clinical nurse specialist, or physi-
PERIOD. for rural health clinic services under the meth- cian assistant must document that a physician,
Section 1135 of the Social Security Act (42 odology for all-inclusive rates (established by nurse practitioner, clinical nurse specialist, cer-
U.S.C. 1320b–5) is amended— the Secretary) under section 1833(a)(3).’’. tified nurse-midwife (as defined in section
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H1768 CONGRESSIONAL RECORD — HOUSE March 27, 2020
1861(gg)) as authorized by State law, or physi- specialist, or physician assistant,’’ after ‘‘Janu- (b) EXTENSION OF DIRECT SPENDING REDUC-
cian assistant has had a face-to-face encoun- ary 1, 2019’’; and TIONS THROUGH FISCAL YEAR 2030.—Section
ter’’; (B) by inserting ‘‘, nurse practitioner, clinical 251A(6) of the Balanced Budget and Emergency
(2) in the third sentence— nurse specialist, or physician assistant’’ after Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is
(A) by striking ‘‘physician certification’’ and ‘‘of the physician’’. amended—
inserting ‘‘certification’’; (c) DEFINITION PROVISIONS.— (1) in subparagraph (B), in the matter pre-
(B) by inserting ‘‘(or in the case of regulations (1) HOME HEALTH SERVICES.—Section 1861(m) ceding clause (i), by striking ‘‘through 2029’’
to implement the amendments made by section of the Social Security Act (42 U.S.C. 1395x(m)) is and inserting ‘‘through 2030’’; and
3708 of the CARES Act, the Secretary shall pre- amended—
scribe regulations, which shall become effective (2) in subparagraph (C), in the matter pre-
(A) in the matter preceding paragraph (1)—
no later than 6 months after the date of the en- ceding clause (i), by striking ‘‘fiscal year 2029’’
(i) by inserting ‘‘, a nurse practitioner or a
actment of such Act)’’ after ‘‘1981’’; and and inserting ‘‘fiscal year 2030’’.
clinical nurse specialist (as those terms are de-
(C) by striking ‘‘a physician who’’ and insert- fined in subsection (aa)(5)), or a physician as- SEC. 3710. MEDICARE HOSPITAL INPATIENT PRO-
ing ‘‘a physician, nurse practitioner, clinical sistant (as defined in subsection (aa)(5))’’ after SPECTIVE PAYMENT SYSTEM ADD-ON
nurse specialist, or physician assistant who’’; ‘‘physician’’ the first place it appears; and PAYMENT FOR COVID–19 PATIENTS
(3) in the fourth sentence, by inserting ‘‘, DURING EMERGENCY PERIOD.
(ii) by inserting ‘‘, a nurse practitioner, a clin-
nurse practitioner, clinical nurse specialist, or ical nurse specialist, or a physician assistant’’ (a) IN GENERAL.—Section 1886(d)(4)(C) of the
physician assistant’’ after ‘‘physician’’; and after ‘‘physician’’ the second place it appears; Social Security Act (42 U.S.C. 1395ww(d)(4)(C))
(4) in the fifth sentence— and is amended by adding at the end the following
(A) by inserting ‘‘or no later than 6 months (B) in paragraph (3), by inserting ‘‘, a nurse new clause:
after the date of the enactment of the CARES practitioner, a clinical nurse specialist, or a ‘‘(iv)(I) For discharges occurring during the
Act for purposes of documentation for certifi- physician assistant’’ after ‘‘physician’’. emergency period described in section
cation and recertification made under para- (2) HOME HEALTH AGENCY.—Section 1861(o)(2) 1135(g)(1)(B), in the case of a discharge of an
graph (2) by a nurse practitioner, clinical nurse of the Social Security Act (42 U.S.C. 1395x(o)(2)) individual diagnosed with COVID–19, the Sec-
specialist, or physician assistant,’’ after ‘‘Janu- is amended— retary shall increase the weighting factor that
ary 1, 2019’’; and (A) by inserting ‘‘, nurse practitioners or clin- would otherwise apply to the diagnosis-related
(B) by inserting ‘‘, nurse practitioner, clinical ical nurse specialists (as those terms are defined group to which the discharge is assigned by 20
nurse specialist, or physician assistant’’ after in subsection (aa)(5)), certified nurse-midwives percent. The Secretary shall identify a dis-
‘‘of the physician’’. (as defined in subsection (gg)), or physician as- charge of such an individual through the use of
(b) PART B PROVISIONS.—Section 1835(a) of sistants (as defined in subsection (aa)(5))’’ after diagnosis codes, condition codes, or other such
the Social Security Act (42 U.S.C. 1395n(a)) is ‘‘physicians’’; and means as may be necessary.
amended— (B) by inserting ‘‘, nurse practitioner, clinical
(1) in paragraph (2)— ‘‘(II) Any adjustment under subclause (I)
nurse specialist, certified nurse-midwife, physi- shall not be taken into account in applying
(A) in the matter preceding subparagraph (A), cian assistant,’’ after ‘‘physician’’.
by inserting ‘‘, a nurse practitioner or clinical budget neutrality under clause (iii)
(3) COVERED OSTEOPOROSIS DRUG.—Section
nurse specialist (as those terms are defined in 1861(kk)(1) of the Social Security Act (42 U.S.C. ‘‘(III) In the case of a State for which the Sec-
section 1861(aa)(5)) who is working in accord- 1395x(kk)(1)) is amended by inserting ‘‘, nurse retary has waived all or part of this section
ance with State law, or a physician assistant practitioner or clinical nurse specialist (as those under the authority of section 1115A, nothing in
(as defined in section 1861(aa)(5)) who is work- terms are defined in subsection (aa)(5)), certified this section shall preclude such State from im-
ing in accordance with State law, who is’’ after nurse-midwife (as defined in subsection (gg)), or plementing an adjustment similar to the adjust-
‘‘in the case of services described in subpara- physician assistant (as defined in subsection ment under subclause (I).’’.
graph (A), a physician’’; and (aa)(5))’’ after ‘‘attending physician’’. (b) IMPLEMENTATION.—Notwithstanding any
(B) in subparagraph (A)— other provision of law, the Secretary may imple-
(d) HOME HEALTH PROSPECTIVE PAYMENT SYS-
(i) in each of clauses (ii) and (iii) of subpara- ment the amendment made by subsection (a) by
TEM PROVISIONS.—Section 1895 of the Social Se-
graph (A) by inserting ‘‘, a nurse practitioner, a program instruction or otherwise.
curity Act (42 U.S.C. 1395fff) is amended—
clinical nurse specialist, or a physician assistant
(1) in subsection (c)(1)— SEC. 3711. INCREASING ACCESS TO POST-ACUTE
(as the case may be)’’ after ‘‘physician’’; and
(A) by striking ‘‘(provided under section CARE DURING EMERGENCY PERIOD.
(ii) in clause (iv), by striking ‘‘after January
1842(r))’’; and
1, 2010’’ and all that follows through ‘‘face-to- (a) WAIVER OF IRF 3-HOUR RULE.—With re-
(B) by inserting ‘‘the nurse practitioner or
face encounter’’ and inserting ‘‘made by a phy- spect to inpatient rehabilitation services fur-
clinical nurse specialist (as those terms are de-
sician after January 1, 2010, or by a nurse prac- nished by a rehabilitation facility described in
fined in section 1861(aa)(5)), or the physician
titioner, clinical nurse specialist, or physician section 1886(j)(1) of the Social Security Act (42
assistant (as defined in section 1861(aa)(5))’’
assistant (as the case may be) after a date speci- U.S.C. 1395ww(j)(1)) during the emergency pe-
after ‘‘physician’’; and
fied by the Secretary (but in no case later than riod described in section 1135(g)(1)(B) of the So-
(2) in subsection (e)—
the date that is 6 months after the date of the cial Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
(A) in paragraph (1)(A), by inserting ‘‘a nurse
enactment of the CARES Act), prior to making the Secretary of Health and Human Services
practitioner or clinical nurse specialist, or a
such certification a physician, nurse practi- shall waive section 412.622(a)(3)(ii) of title 42,
physician assistant’’ after ‘‘physician’’; and
tioner, clinical nurse specialist, or physician as- Code of Federal Regulations (or any successor
(B) in paragraph (2)—
sistant must document that a physician, nurse regulations), relating to the requirement that
(i) in the heading, by striking ‘‘PHYSICIAN
practitioner, clinical nurse specialist, certified patients of an inpatient rehabilitation facility
CERTIFICATION’’ and inserting ‘‘RULE OF CON-
nurse-midwife (as defined in section 1861(gg)) as receive at least 15 hours of therapy per week.
STRUCTION REGARDING REQUIREMENT FOR CER-
authorized by State law, or physician assistant (b) WAIVER OF SITE-NEUTRAL PAYMENT RATE
TIFICATION’’; and
has had a face-to-face encounter’’; PROVISIONS FOR LONG-TERM CARE HOSPITALS.—
(ii) by striking ‘‘physician’’.
(2) in the third sentence, by inserting ‘‘, nurse With respect to inpatient hospital services fur-
(e) APPLICATION TO MEDICAID.—The amend-
practitioner, clinical nurse specialist, or physi- nished by a long-term care hospital described in
ments made under this section shall apply under
cian assistant (as the case may be)’’ after physi- section 1886(d)(1)(B)(iv) of the Social Security
title XIX of the Social Security Act in the same
cian; Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) during the
(3) in the fourth sentence— manner and to the same extent as such require-
ments apply under title XVIII of such Act or emergency period described in section
(A) by striking ‘‘physician certification’’ and 1135(g)(1)(B) of the Social Security Act (42
inserting ‘‘certification’’; regulations promulgated thereunder.
(f) EFFECTIVE DATE.—The Secretary of Health U.S.C. 1320b–5(g)(1)(B)), the Secretary of Health
(B) by inserting ‘‘(or in the case of regulations and Human Services shall waive the following
to implement the amendments made by section and Human Services shall prescribe regulations
to apply the amendments made by this section to provisions of section 1886(m)(6) of such Act (42
3708 of the CARES Act the Secretary shall pre- U.S.C. 1395ww(m)(6)):
scribe regulations which shall become effective items and services furnished, which shall be-
no later than 6 months after the enactment of come effective no later than 6 months after the (1) LTCH 50-PERCENT RULE.—Subparagraph
such Act)’’ after ‘‘1981’’; and date of the enactment of this legislation. The (C)(ii) of such section, relating to the payment
(C) by striking ‘‘a physician who’’ and insert- Secretary shall promulgate an interim final rule adjustment for long-term care hospitals that do
ing ‘‘a physician, nurse practitioner, clinical if necessary, to comply with the required effec- not have a discharge payment percentage for
nurse specialist, or physician assistant who’’; tive date. the period that is at least 50 percent.
(4) in the fifth sentence, by inserting ‘‘, nurse SEC. 3709. ADJUSTMENT OF SEQUESTRATION. (2) SITE-NEUTRAL IPPS PAYMENT RATE.—Sub-
practitioner, clinical nurse specialist, or physi- (a) TEMPORARY SUSPENSION OF MEDICARE SE- paragraph (A)(i) of such section, relating to the
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cian assistant’’ after ‘‘physician’’; and QUESTRATION.—During the period beginning on application of the site-neutral payment rate
(5) in the sixth sentence— May 1, 2020 and ending on December 31, 2020, (and payment shall be made to a long-term care
(A) by inserting ‘‘or no later than 6 months the Medicare programs under title XVIII of the hospital without regard to such section) for a
after the date of the enactment of the CARES Social Security Act (42 U.S.C. 1395 et seq.) shall discharge if the admission occurs during such
Act for purposes of documentation for certifi- be exempt from reduction under any sequestra- emergency period and is in response to the pub-
cation and recertification made under para- tion order issued before, on, or after the date of lic health emergency described in such section
graph (2) by a nurse practitioner, clinical nurse enactment of this Act. 1135(g)(1)(B).
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1769
SEC. 3712. REVISING PAYMENT RATES FOR DURA- SEC. 3714. REQUIRING MEDICARE PRESCRIPTION enue Code of 1986), or who are described in sub-
BLE MEDICAL EQUIPMENT UNDER DRUG PLANS AND MA–PD PLANS TO section (l)(1)(A) and are eligible for medical as-
THE MEDICARE PROGRAM THROUGH ALLOW DURING THE COVID–19 EMER-
sistance only because of subsection
DURATION OF EMERGENCY PERIOD. GENCY PERIOD FOR FILLS AND RE-
FILLS OF COVERED PART D DRUGS (a)(10)(A)(i)(IV) or (a)(10)(A)(ii)(IX) and whose
(a) RURAL AND NONCONTIGUOUS AREAS.—The FOR UP TO A 3-MONTH SUPPLY. eligibility for such assistance is limited by the
Secretary of Health and Human Services shall (a) IN GENERAL.—Section 1860D–4(b) of the State under clause (VII) in the matter following
implement section 414.210(g)(9)(iii) of title 42, Social Security Act (42 U.S.C. 1395w–104(b)) is subsection (a)(10)(G), shall not be treated as en-
Code of Federal Regulations (or any successor amended by adding at the end the following rolled in a Federal health care program for pur-
regulation), to apply the transition rule de- new paragraph: poses of this paragraph’’ before the period at
scribed in such section to all applicable items ‘‘(4) ENSURING ACCESS DURING COVID–19 PUBLIC the end.
and services furnished in rural areas and non- HEALTH EMERGENCY PERIOD.— SEC. 3717. CLARIFICATION REGARDING COV-
contiguous areas (as such terms are defined for ‘‘(A) IN GENERAL.—During the emergency pe- ERAGE OF COVID–19 TESTING PROD-
purposes of such section) as planned through UCTS.
riod described in section 1135(g)(1)(B), subject to
December 31, 2020, and through the duration of subparagraph (B), a prescription drug plan or Subparagraph (B) of section 1905(a)(3) of the
the emergency period described in section MA–PD plan shall, notwithstanding any cost Social Security Act (42 U.S.C. 1396d(a)(3)), as
1135(g)(1)(B) of the Social Security Act (42 and utilization management, medication ther- added by section 6004(a)(1)(C) of the Families
U.S.C. 1320b–5(g)(1)(B)), if longer. apy management, or other such programs under First Coronavirus Response Act (Public Law
(b) AREAS OTHER THAN RURAL AND NON- this part, permit a part D eligible individual en- 116–127), is amended by striking ‘‘that are ap-
CONTIGUOUS AREAS.—With respect to items and rolled in such plan to obtain in a single fill or proved, cleared, or authorized under section
services furnished on or after the date that is 30 refill, at the option of such individual, the total 510(k), 513, 515 or 564 of the Federal Food, Drug,
days after the date of the enactment of this Act, day supply (not to exceed a 90-day supply) pre- and Cosmetic Act’’.
the Secretary of Health and Human Services scribed for such individual for a covered part D SEC. 3718. AMENDMENTS RELATING TO REPORT-
shall apply section 414.210(g)(9)(iv) of title 42, ING REQUIREMENTS WITH RESPECT
drug.
TO CLINICAL DIAGNOSTIC LABORA-
Code of Federal Regulations (or any successor ‘‘(B) SAFETY EDIT EXCEPTION.—A prescription TORY TESTS.
regulation), as if the reference to ‘‘dates of serv- drug plan or MA–PD plan may not permit a
(a) REVISED REPORTING PERIOD FOR REPORT-
ice from June 1, 2018 through December 31, 2020, part D eligible individual to obtain a single fill
ING OF PRIVATE SECTOR PAYMENT RATES FOR
based on the fee schedule amount for the area is or refill inconsistent with an applicable safety
ESTABLISHMENT OF MEDICARE PAYMENT
equal to 100 percent of the adjusted payment edit.’’.
RATES.—Section 1834A(a)(1)(B) of the Social Se-
amount established under this section’’ were in- (b) IMPLEMENTATION.—Notwithstanding any
curity Act (42 U.S.C. 1395m–1(a)(1)(B)) is
stead a reference to ‘‘dates of service from other provision of law, the Secretary of Health
amended—
March 6, 2020, through the remainder of the du- and Human Services may implement the amend-
(1) in clause (i), by striking ‘‘December 31,
ration of the emergency period described in sec- ment made by this section by program instruc-
2020’’ and inserting ‘‘December 31, 2021’’; and
tion 1135(g)(1)(B) of the Social Security Act (42 tion or otherwise. (2) in clause (ii)—
U.S.C. 1320b–5(g)(1)(B)), based on the fee sched- SEC. 3715. PROVIDING HOME AND COMMUNITY- (A) by striking ‘‘January 1, 2021’’ and insert-
ule amount for the area is equal to 75 percent of BASED SERVICES IN ACUTE CARE
ing ‘‘January 1, 2022’’; and
the adjusted payment amount established under HOSPITALS.
(B) by striking ‘‘March 31, 2021’’ and insert-
this section and 25 percent of the unadjusted fee Section 1902(h) of the Social Security Act (42 ing ‘‘March 31, 2022’’.
schedule amount’’. U.S.C. 1396a(h)) is amended— (b) REVISED PHASE-IN OF REDUCTIONS FROM
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’; PRIVATE PAYOR RATE IMPLEMENTATION.—Sec-
SEC. 3713. COVERAGE OF THE COVID–19 VACCINE
UNDER PART B OF THE MEDICARE (2) by inserting ‘‘, home and community-based tion 1834A(b)(3) of the Social Security Act (42
PROGRAM WITHOUT ANY COST- services provided under subsection (c), (d), or (i) U.S.C. 1395m–1(b)(3)) is amended—
SHARING. of section 1915 or under a waiver or demonstra- (1) in subparagraph (A), by striking ‘‘through
tion project under section 1115, self-directed per- 2023’’ and inserting ‘‘through 2024’’; and
(a) MEDICAL AND OTHER HEALTH SERVICES.—
sonal assistance services provided pursuant to a (2) in subparagraph (B)—
Section 1861(s)(10)(A) of the Social Security Act
written plan of care under section 1915(j), and (A) in clause (i), by striking ‘‘and’’ at the end;
(42 U.S.C. 1395x(s)(10)(A)) is amended by insert-
home and community-based attendant services (B) by redesignating clause (ii) as clause (iii);
ing ‘‘, and COVID–19 vaccine and its adminis-
and supports under section 1915(k)’’ before the (C) by inserting after clause (i) the following
tration’’ after ‘‘influenza vaccine and its admin-
period; and new clause:
istration’’.
(3) by adding at the end the following: ‘‘(ii) for 2021, 0 percent; and’’; and
(b) PART B DEDUCTIBLE.—The first sentence ‘‘(2) Nothing in this title, title XVIII, or title (D) in clause (iii), as redesignated by subpara-
of section 1833(b) of the Social Security Act (42 XI shall be construed as prohibiting receipt of graph (B), by striking ‘‘2021 through 2023’’ and
U.S.C. 1395l(b)) is amended— any care or services specified in paragraph (1) inserting ‘‘2022 through 2024’’.
(1) in paragraph (10), by striking ‘‘and’’ at in an acute care hospital that are— SEC. 3719. EXPANSION OF THE MEDICARE HOS-
the end; and ‘‘(A) identified in an individual’s person-cen- PITAL ACCELERATED PAYMENT PRO-
tered service plan (or comparable plan of care); GRAM DURING THE COVID–19 PUB-
(2) in paragraph (11), by striking the period at
‘‘(B) provided to meet needs of the individual LIC HEALTH EMERGENCY.
the end and inserting ‘‘, and (12) such deduct-
that are not met through the provision of hos- Section 1815 of the Social Security Act (42
ible shall not apply with respect a COVID–19
pital services; U.S.C. 1395g) is amended—
vaccine and its administration described in sec-
‘‘(C) not a substitute for services that the hos- (1) in subsection (e)(3), by striking ‘‘In the
tion 1861(s)(10)(A).’’.
pital is obligated to provide through its condi- case’’ and inserting ‘‘Subject to subsection (f),
(c) MEDICARE ADVANTAGE.—Section tions of participation or under Federal or State in the case’’; and
1852(a)(1)(B) of the Social Security Act (42 law, or under another applicable requirement; (2) by adding at the end the following new
U.S.C. 1395w–22(a)(1)(B)) is amended— and subsection:
(1) in clause (iv)— ‘‘(D) designed to ensure smooth transitions be- ‘‘(f)(1) During the emergency period described
tween acute care settings and home and commu- in section 1135(g)(1)(B), the Secretary shall ex-
(A) by redesignating subclause (VI) as sub-
nity-based settings, and to preserve the individ- pand the program under subsection (e)(3) pursu-
clause (VII); and
ual’s functional abilities.’’. ant to paragraph (2).
(B) by inserting after subclause (V) the fol- SEC. 3716. CLARIFICATION REGARDING UNIN- ‘‘(2) In expanding the program under sub-
lowing new subclause: SURED INDIVIDUALS. section (e)(3), the following shall apply:
‘‘(VI) A COVID–19 vaccine and its adminis- Subsection (ss) of section 1902 of the Social Se- ‘‘(A)(i) In addition to the hospitals described
tration described in section 1861(s)(10)(A).’’; and curity Act (42 U.S.C. 1396a), as added by section in subsection (e)(3), the following hospitals shall
(2) in clause (v), by striking ‘‘subclauses (IV) 6004(a)(3)(C) of the Families First Coronavirus be eligible to participate in the program:
and (V)’’ inserting ‘‘subclauses (IV), (V), and Response Act, is amended— ‘‘(I) Hospitals described in clause (iii) of sec-
(VI)’’. (1) in paragraph (1), by inserting ‘‘(excluding tion 1886(d)(1)(B).
subclause (VIII) of such subsection if the indi- ‘‘(II) Hospitals described in clause (v) of such
(d) EFFECTIVE DATE.—The amendments made vidual is a resident of a State which does not section.
by this section shall take effect on the date of furnish medical assistance to individuals de- ‘‘(III) Critical access hospitals (as defined in
enactment of this Act and shall apply with re- scribed in such subclause)’’ before the semi- section 1861(mm)(1)).
spect to a COVID–19 vaccine beginning on the colon; and ‘‘(ii) Subject to appropriate safeguards
date that such vaccine is licensed under section (2) in paragraph (2), by inserting ‘‘, except against fraud, waste, and abuse, upon a request
351 of the Public Health Service Act (42 U.S.C.
dlhill on DSKBBY8HB2PROD with HOUSE
that individuals who are eligible for medical as- of a hospital described in clause (i), the Sec-
262). sistance under subsection (a)(10)(A)(ii)(XII), retary shall provide accelerated payments under
(e) IMPLEMENTATION.—Notwithstanding any subsection (a)(10)(A)(ii)(XVIII), subsection the program to such hospital.
other provision of law, the Secretary may imple- (a)(10)(A)(ii)(XXI), or subsection (a)(10)(C) (but ‘‘(B) Upon the request of the hospital, the
ment the provisions of, and the amendments only to the extent such an individual is consid- Secretary may do any of the following:
made by, this section by program instruction or ered to not have minimum essential coverage ‘‘(i) Make accelerated payments on a periodic
otherwise. under section 5000A(f)(1) of the Internal Rev- or lump sum basis.
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H1770 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(ii) Increase the amount of payment that (Public Law 111–148), section 610 of the Amer- (b) RULE OF CONSTRUCTION.—Nothing in sec-
would otherwise be made to hospitals under the ican Taxpayer Relief Act of 2012 (Public Law tion 2404 of Public Law 111–148 (42 U.S.C. 1396r–
program up to 100 percent (or, in the case of 112–240), section 1110 of the Pathway for SGR 5 note) or section 1902(a)(17) or 1924 of the So-
critical access hospitals, up to 125 percent). Reform Act of 2013 (Public Law 113–67), section cial Security Act (42 U.S.C. 1396a(a)(17), 1396r–
‘‘(iii) Extend the period that accelerated pay- 110 of the Protecting Access to Medicare Act of 5) shall be construed as prohibiting a State
ments cover so that it covers up to a 6-month pe- 2014 (Public Law 113–93), section 208 of the from—
riod. Medicare Access and CHIP Reauthorization Act (1) applying an income or resource disregard
‘‘(C) Upon the request of the hospital, the Sec- of 2015 (Public Law 114–10), section 50207 of di- under a methodology authorized under section
retary shall do the following: vision E of the Bipartisan Budget Act of 2018 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))—
‘‘(i) Provide up to 120 days before claims are (Public Law 115–123), section 1402 of division B (A) to the income or resources of an individual
offset to recoup the accelerated payment. of the Continuing Appropriations Act, 2020, and described in section 1902(a)(10)(A)(ii)(VI) of
‘‘(ii) Allow not less than 12 months from the Health Extenders Act of 2019 (Public Law 116– such Act (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (in-
date of the first accelerated payment before re- 59), section 1402 of division B of the Further cluding a disregard of the income or resources of
quiring that the outstanding balance be paid in Continuing Appropriations Act, 2020, and Fur- such individual’s spouse); or
full. ther Health Extenders Act of 2019 (Public Law (B) on the basis of an individual’s need for
‘‘(3) Nothing in this subsection shall preclude 116–69), and section 103 of division N of the Fur- home and community-based services authorized
the Secretary from carrying out the provisions ther Consolidated Appropriations Act, 2020 under subsection (c), (d), (i), or (k) of section
described in clauses (i), (ii), and (iii) of para- (Public Law 116–94) is amended by striking 1915 of such Act (42 U.S.C. 1396n) or under sec-
graph (2)(B) and clauses (i) and (ii) of para- clauses (x) through (xii) and inserting the fol- tion 1115 of such Act (42 U.S.C. 1315); or
graph (2)(C) under the program under sub- lowing new clauses: (2) disregarding an individual’s spousal in-
section (e)(3) after the period for which this sub- ‘‘(x) for fiscal year 2020, of $13,000,000; and come and assets under a plan amendment to
section applies. ‘‘(xi) for the period beginning on October 1, provide medical assistance for home and commu-
‘‘(4) Notwithstanding any other provision of 2020, and ending on November 30, 2020, the nity-based services for individuals by reason of
law, the Secretary may implement the provisions amount equal to the pro rata portion of the being determined eligible under section
of this subsection by program instruction or oth- amount appropriated for such period for fiscal 1902(a)(10)(C) of such Act (42 U.S.C.
erwise.’’. year 2020.’’. 1396a(a)(10)(C)) or by reason of section 1902(f) of
SEC. 3720. DELAYING REQUIREMENTS FOR EN- (2) ADDITIONAL FUNDING FOR AREA AGENCIES such Act (42 U.S.C. 1396a(f)) or otherwise on the
HANCED FMAP TO ENABLE STATE ON AGING.—Subsection (b)(1)(B) of such section basis of a reduction of income based on costs in-
LEGISLATION NECESSARY FOR COM- 119, as so amended, is amended by striking curred for medical or other remedial care under
PLIANCE. clauses (x) through (xii) and inserting the fol- which the State disregarded the income and as-
Section 6008 of the Families First Coronavirus lowing new clauses: sets of the individual’s spouse in determining
Response Act is amended by adding at the end ‘‘(x) for fiscal year 2020, of $7,500,000; and the initial and ongoing financial eligibility of
the following new subsection: ‘‘(xi) for the period beginning on October 1, an individual for such services in place of the
‘‘(d) DELAY IN APPLICATION OF PREMIUM RE- 2020, and ending on November 30, 2020, the spousal impoverishment provisions applied
QUIREMENT.—During the 30 day period begin- amount equal to the pro rata portion of the under section 1924 of such Act (42 U.S.C. 1396r–
ning on the date of enactment of this Act, a amount appropriated for such period for fiscal 5).
State shall not be ineligible for the increase to year 2020.’’. SEC. 3813. DELAY OF DSH REDUCTIONS.
the Federal medical assistance percentage of the (3) ADDITIONAL FUNDING FOR AGING AND DIS- Section 1923(f)(7)(A) of the Social Security Act
State described in subsection (a) on the basis ABILITY RESOURCE CENTERS.—Subsection (42 U.S.C. 1396r–4(f)(7)(A)) is amended—
that the State imposes a premium that violates (c)(1)(B) of such section 119, as so amended, is (1) in clause (i), in the matter preceding sub-
the requirement of subsection (b)(2) if such pre- amended by striking clauses (x) through (xii) clause (I), by striking ‘‘May 23, 2020, and end-
mium was in effect on the date of enactment of and inserting the following new clauses: ing September 30, 2020, and for each of fiscal
this Act.’’. ‘‘(x) for fiscal year 2020, of $5,000,000; and years 2021’’ and inserting ‘‘December 1, 2020,
‘‘(xi) for the period beginning on October 1, and ending September 30, 2021, and for each of
Subtitle E—Health and Human Services
2020, and ending on November 30, 2020, the fiscal years 2022’’; and
Extenders
amount equal to the pro rata portion of the (2) in clause (ii)—
PART I—MEDICARE PROVISIONS amount appropriated for such period for fiscal (A) in subclause (I), by striking ‘‘May 23,
SEC. 3801. EXTENSION OF THE WORK GEO- year 2020.’’. 2020, and ending September 30, 2020’’ and insert-
GRAPHIC INDEX FLOOR UNDER THE (4) ADDITIONAL FUNDING FOR CONTRACT WITH ing ‘‘December 1, 2020, and ending September 30,
MEDICARE PROGRAM. THE NATIONAL CENTER FOR BENEFITS AND OUT- 2021’’; and
Section 1848(e)(1)(E) of the Social Security Act REACH ENROLLMENT.—Subsection (d)(2) of such (B) in subclause (II), by striking ‘‘2021’’ and
(42 U.S.C. 1395w–4(e)(1)(E)) is amended by strik- section 119, as so amended, is amended by strik- inserting ‘‘2022’’.
ing ‘‘May 23, 2020’’ and inserting ‘‘December 1, ing clauses (x) through (xii) and inserting the SEC. 3814. EXTENSION AND EXPANSION OF COM-
2020’’. following new clauses: MUNITY MENTAL HEALTH SERVICES
SEC. 3802. EXTENSION OF FUNDING FOR QUALITY ‘‘(x) for fiscal year 2020, of $12,000,000; and DEMONSTRATION PROGRAM.
MEASURE ENDORSEMENT, INPUT, ‘‘(xi) for the period beginning on October 1, (a) IN GENERAL.—Section 223(d) of the Pro-
AND SELECTION. 2020, and ending on November 30, 2020, the tecting Access to Medicare Act of 2014 (42 U.S.C.
(a) IN GENERAL.—Section 1890(d)(2) of the So- amount equal to the pro rata portion of the 1396a note) is amended—
cial Security Act (42 U.S.C. 1395aaa(d)(2)) is amount appropriated for such period for fiscal (1) in paragraph (3)—
amended— year 2020.’’. (A) by striking ‘‘Not more than’’ and inserting
(1) in the first sentence, by striking ‘‘and (b) EFFECTIVE DATE.—The amendments made ‘‘Subject to paragraph (8), not more than’’; and
$4,830,000 for the period beginning on October 1, by subsection (a) shall take effect as if included (B) by striking ‘‘May 22, 2020’’ and inserting
2019, and ending on May 22, 2020’’ and inserting in the enactment of the Further Consolidated ‘‘November 30, 2020’’; and
Appropriations Act, 2020 (Public Law 116–94). (2) by adding at the end the following new
‘‘$20,000,000 for fiscal year 2020, and for the pe-
paragraph:
riod beginning on October 1, 2020, and ending PART II—MEDICAID PROVISIONS ‘‘(8) ADDITIONAL PROGRAMS.—
on November 30, 2020, the amount equal to the SEC. 3811. EXTENSION OF THE MONEY FOLLOWS ‘‘(A) IN GENERAL.—Not later than 6 months
pro rata portion of the amount appropriated for THE PERSON REBALANCING DEM- after the date of enactment of this paragraph,
such period for fiscal year 2020’’; and ONSTRATION PROGRAM. in addition to the 8 States selected under para-
(2) in the third sentence, by striking ‘‘and 2019 Section 6071(h) of the Deficit Reduction Act of graph (1), the Secretary shall select 2 States to
and for the period beginning on October 1, 2019, 2005 (42 U.S.C. 1396a note) is amended— participate in 2-year demonstration programs
and ending on May 22, 2020’’ and inserting ‘‘, (1) in paragraph (1), by striking subparagraph that meet the requirements of this subsection.
2019, and 2020, and for the period beginning on (G) and inserting the following: ‘‘(B) SELECTION OF STATES.—
October 1, 2020, and ending on November 30, ‘‘(G) subject to paragraph (3), $337,500,000 for ‘‘(i) IN GENERAL.—Subject to clause (ii), in se-
2020,’’. the period beginning on January 1, 2020, and lecting States under this paragraph, the Sec-
(b) EFFECTIVE DATE.—The amendments made ending on September 30, 2020; and retary—
by subsection (a) shall take effect as if included ‘‘(H) subject to paragraph (3), for the period ‘‘(I) shall select States that—
in the enactment of the Further Consolidated beginning on October 1, 2020, and ending on No- ‘‘(aa) were awarded planning grants under
Appropriations Act, 2020 (Public Law 116–94). vember 30, 2020, the amount equal to the pro subsection (c); and
SEC. 3803. EXTENSION OF FUNDING OUTREACH rata portion of the amount appropriated for ‘‘(bb) applied to participate in the demonstra-
AND ASSISTANCE FOR LOW-INCOME such period for fiscal year 2020.’’; and tion programs under this subsection under para-
PROGRAMS. (2) in paragraph (3), by striking ‘‘and (G)’’ graph (1) but, as of the date of enactment of this
dlhill on DSKBBY8HB2PROD with HOUSE
(a) FUNDING EXTENSIONS.— and inserting ‘‘, (G), and (H)’’. paragraph, were not selected to participate
(1) ADDITIONAL FUNDING FOR STATE HEALTH SEC. 3812. EXTENSION OF SPOUSAL IMPOVERISH- under paragraph (1); and
INSURANCE PROGRAMS.—Subsection (a)(1)(B) of MENT PROTECTIONS. ‘‘(II) shall use the results of the Secretary’s
section 119 of the Medicare Improvements for (a) IN GENERAL.—Section 2404 of Public Law evaluation of each State’s application under
Patients and Providers Act of 2008 (42 U.S.C. 111–148 (42 U.S.C. 1396r–5 note) is amended by paragraph (1) to determine which States to se-
1395b–3 note), as amended by section 3306 of the striking ‘‘May 22, 2020’’ and inserting ‘‘Novem- lect, and shall not require the submission of any
Patient Protection and Affordable Care Act ber 30, 2020’’. additional application.
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1771
‘‘(C) REQUIREMENTS FOR SELECTED STATES.— (i) The reporting, accuracy, and validation of hereby appropriated such sums as may be nec-
Prior to services being delivered under the dem- encounter data. essary for such purpose.
onstration authority in a State selected under (ii) Accuracy in payments to certified commu- PART IV—PUBLIC HEALTH PROVISIONS
this paragraph, the State shall— nity behavioral health clinics under State plans
SEC. 3831. EXTENSION FOR COMMUNITY HEALTH
‘‘(i) submit a plan to monitor certified commu- or waivers under title XIX of the Social Security CENTERS, THE NATIONAL HEALTH
nity behavioral health clinics under the dem- Act (42 U.S.C. 1396 et seq.). SERVICE CORPS, AND TEACHING
onstration program to ensure compliance with PART III—HUMAN SERVICES AND OTHER HEALTH CENTERS THAT OPERATE
certified community behavioral health criteria HEALTH PROGRAMS GME PROGRAMS.
during the demonstration period; and (a) COMMUNITY HEALTH CENTERS.—Section
SEC. 3821. EXTENSION OF SEXUAL RISK AVOID-
‘‘(ii) commit to collecting data, notifying the 10503(b)(1)(F) of the Patient Protection and Af-
ANCE EDUCATION PROGRAM.
Secretary of any planned changes that would fordable Care Act (42 U.S.C. 254b–2(b)(1)(F)) is
deviate from the prospective payment system Section 510 of the Social Security Act (42
U.S.C. 710) is amended— amended by striking ‘‘and $2,575,342,466 for the
methodology outlined in the State’s demonstra- period beginning on October 1, 2019, and ending
(1) in subsection (a)—
tion application, and obtaining approval from on May 22, 2020’’ and inserting ‘‘$4,000,000,000
(A) in paragraph (1), in the matter preceding
the Secretary for any such change before imple- for fiscal year 2020, and $668,493,151 for the pe-
subparagraph (A)—
menting the change.’’. riod beginning on October 1, 2020, and ending
(b) LIMITATION.—Section 223(d)(5) of the Pro- (i) by striking ‘‘and 2019 and for the period
beginning October 1, 2019, and ending May 22, on November 30, 2020’’.
tecting Access to Medicare Act of 2014 (42 U.S.C. (b) NATIONAL HEALTH SERVICE CORPS.—Sec-
1396a note) is amended— 2020’’ and inserting ‘‘through 2020 and for the
period beginning October 1, 2020, and ending tion 10503(b)(2) of the Patient Protection and
(1) in subparagraph (B), in the matter pre- Affordable Care Act (42 U.S.C. 254b–2(b)(2)) is
ceding clause (i), by striking ‘‘The Federal November 30, 2020’’; and
(ii) by striking ‘‘fiscal year 2020’’ and insert- amended—
matching’’ and inserting ‘‘Subject to subpara- (1) in subparagraph (F), by striking ‘‘and’’ at
graph (C)(iii), the Federal matching’’; and ing ‘‘fiscal year 2021’’
(B) in paragraph (2)(A)— the end; and
(2) in subparagraph (C), by adding at the end (2) by striking subparagraph (G) and inserting
the following new clause: (i) by striking ‘‘and 2019 and for the period
beginning October 1, 2019, and ending May 22, the following:
‘‘(iii) PAYMENTS FOR AMOUNTS EXPENDED ‘‘(G) $310,000,000 for fiscal year 2020; and
AFTER 2019.—The Federal matching percentage 2020’’ and inserting ‘‘through 2020 and for the
‘‘(H) $51,808,219 for the period beginning on
applicable under subparagraph (B) to amounts period beginning October 1, 2020, and ending
October 1, 2020, and ending on November 30,
expended by a State participating in the dem- November 30, 2020’’; and
2020.’’.
onstration program under this subsection (ii) by striking ‘‘fiscal year 2020’’ and insert-
(c) TEACHING HEALTH CENTERS THAT OPERATE
shall— ing ‘‘fiscal year 2021’’; and
GRADUATE MEDICAL EDUCATION PROGRAMS.—
‘‘(I) in the case of a State participating in the (2) in subsection (f)(1), by striking ‘‘and 2019
Section 340H(g)(1) of the Public Health Service
demonstration program as of January 1, 2020, and $48,287,671 for the period beginning October
Act (42 U.S.C. 256h(g)(1)) is amended by striking
apply to amounts expended by the State during 1, 2019, and ending May 22, 2020’’ and inserting
‘‘and 2019, and $81,445,205 for the period begin-
the 8 fiscal quarter period (or any portion of ‘‘through 2020, and for the period beginning on
ning on October 1, 2019, and ending on May 22,
such period) that begins on January 1, 2020; and October 1, 2020, and ending on November 30,
2020’’ and inserting ‘‘through fiscal year 2020,
‘‘(II) in the case of a State selected to partici- 2020, the amount equal to the pro rata portion
and $21,141,096 for the period beginning on Oc-
pate in the demonstration program under para- of the amount appropriated for such period for
tober 1, 2020, and ending on November 30, 2020’’.
graph (8), during first 8 fiscal quarter period (or fiscal year 2020’’.
(d) APPLICATION OF PROVISIONS.—Amounts
any portion of such period) that the State par- SEC. 3822. EXTENSION OF PERSONAL RESPONSI- appropriated pursuant to the amendments made
ticipates in a demonstration program.’’. BILITY EDUCATION PROGRAM.
by this section for fiscal year 2020 and for the
(c) GAO STUDY AND REPORT ON THE COMMU- Section 513 of the Social Security Act (42 period beginning on October 1, 2020, and ending
NITY AND MENTAL HEALTH SERVICES DEM- U.S.C. 713) is amended— on November 30, 2020, shall be subject to the re-
ONSTRATION PROGRAM.— (1) in subsection (a)— quirements contained in Public Law 116–94 for
(1) IN GENERAL.—Not later than 18 months (A) in paragraph (1)— funds for programs authorized under sections
after the date of the enactment of this Act, the (i) in subparagraph (A), in the matter pre- 330 through 340 of the Public Health Service Act
Comptroller General of the United States shall ceding clause (i), by striking ‘‘2019 and for the (42 U.S.C. 254 through 256).
submit to the Committee on Energy and Com- period beginning October 1, 2019, and ending (e) CONFORMING AMENDMENT.—Paragraph (4)
merce of the House of Representatives and the May 22, 2020’’ and inserting ‘‘2020 and for the of section 3014(h) of title 18, United States Code,
Committee on Finance of the Senate a report on period beginning October 1, 2020, and ending as amended by section 401(e) of division N of
the community and mental health services dem- November 30, 2020’’; and Public Law 116–94, is amended by striking ‘‘sec-
onstration program conducted under section 223 (ii) in subparagraph (B)(i), by striking by tion 401(d) of division N of the Further Consoli-
of the Protecting Access to Medicare Act of 2014 striking ‘‘October 1, 2019, and ending May 22, dated Appropriations Act, 2020’’ and inserting
(42 U.S.C. 1396a note) (referred to in this sub- 2020’’ and inserting ‘‘October 1, 2020, and end- ‘‘section 3831 of the CARES Act’’.
section as the ‘‘demonstration program’’). ing November 30, 2020’’;
(2) CONTENT OF REPORT.—The report required SEC. 3832. DIABETES PROGRAMS.
(2) in paragraph (4)(A), by striking ‘‘2019’’
under paragraph (1) shall include the following each place it appears and inserting ‘‘2020’’; and (a) TYPE I.—Section 330B(b)(2)(D) of the Pub-
information: (3) in subsection (f), by striking ‘‘2019 and lic Health Service Act (42 U.S.C. 254c–2(b)(2)(D))
(A) Information on States’ experiences partici- $48,287,671 for the period beginning October 1, is amended by striking ‘‘and 2019, and
pating in the demonstration program, including 2019, and ending May 22, 2020’’ and inserting $96,575,342 for the period beginning on October
the extent to which States— ‘‘2020, and for the period beginning on October 1, 2019, and ending on May 22, 2020’’ and insert-
(i) measure the effects of access to certified 1, 2020, and ending on November 30, 2020, the ing ‘‘through 2020, and $25,068,493 for the period
community behavioral health clinics on patient amount equal to the pro rata portion of the beginning on October 1, 2020, and ending on No-
health and cost of care, including— amount appropriated for such period for fiscal vember 30, 2020’’.
(I) engagement in treatment for behavioral (b) INDIANS.—Section 330C(c)(2)(D) of the
year 2020’’.
health conditions; Public Health Service Act (42 U.S.C. 254c–
SEC. 3823. EXTENSION OF DEMONSTRATION
(II) relevant clinical outcomes, to the extent PROJECTS TO ADDRESS HEALTH
3(c)(2)(D)) is amended by striking ‘‘and 2019,
collected; PROFESSIONS WORKFORCE NEEDS. and $96,575,342 for the period beginning on Oc-
(III) screening and treatment for comorbid tober 1, 2019, and ending on May 22, 2020’’ and
Activities authorized by section 2008 of the So-
medical conditions; and inserting ‘‘through 2020, and $25,068,493 for the
(IV) use of crisis stabilization, emergency de- cial Security Act shall continue through Novem-
ber 30, 2020, in the manner authorized for fiscal period beginning on October 1, 2020, and ending
partment, and inpatient care. on November 30, 2020’’.
(B) Information on Federal efforts to evaluate year 2019, and out of any money in the Treas-
ury of the United States not otherwise appro- PART V—MISCELLANEOUS PROVISIONS
the demonstration program, including—
(i) quality measures used to evaluate the pro- priated, there are hereby appropriated such SEC. 3841. PREVENTION OF DUPLICATE APPRO-
sums as may be necessary for such purpose. PRIATIONS FOR FISCAL YEAR 2020.
gram;
(ii) assistance provided to States on data col- Grants and payments may be made pursuant to Expenditures made under any provision of
lection and reporting; this authority through the date so specified at law amended in this title pursuant to the
(iii) assessments of the reliability and useful- the pro rata portion of the total amount author- amendments made by the Continuing Appro-
ness of State-submitted data; and ized for such activities in fiscal year 2019. priations Act, 2020, and Health Extenders Act of
(iv) the extent to which such efforts provide SEC. 3824. EXTENSION OF THE TEMPORARY AS- 2019 (Public Law 116–59), the Further Con-
information on the relative quality, scope, and SISTANCE FOR NEEDY FAMILIES tinuing Appropriations Act, 2020, and Further
dlhill on DSKBBY8HB2PROD with HOUSE
cost of services as compared with services not PROGRAM AND RELATED PROGRAMS. Health Extenders Act of 2019 (Public Law 116–
provided under the demonstration program, and Activities authorized by part A of title IV and 69), and the Further Consolidated Appropria-
in comparison to Medicaid beneficiaries with section 1108(b) of the Social Security Act shall tions Act, 2020 (Public Law 116–94) for fiscal
mental illness and substance use disorders not continue through November 30, 2020, in the year 2020 shall be charged to the applicable ap-
served under the demonstration program. manner authorized for fiscal year 2019, and out propriation or authorization provided by the
(C) Recommendations for improvements to the of any money in the Treasury of the United amendments made by this title to such provision
following: States not otherwise appropriated, there are of law for such fiscal year.
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H1772 CONGRESSIONAL RECORD — HOUSE March 27, 2020
Subtitle F—Over-the-Counter Drugs mination for such drug issued under part 330 of section 505 if such drug or combination of
PART I—OTC DRUG REVIEW title 21, Code of Federal Regulations; drugs—
‘‘(ii) in conformity with— ‘‘(i) is determined by the Secretary to meet the
SEC. 3851.
REGULATION OF CERTAIN NON-
PRESCRIPTION DRUGS THAT ARE
‘‘(I) the conditions of use, including indica- conditions specified in clauses (i) and (ii) of sub-
MARKETED WITHOUT AN APPROVED tion and dosage strength, if any, described for paragraph (A);
DRUG APPLICATION. such category III drug in such preamble or in ‘‘(ii) is marketed in conformity with an admin-
(a) IN GENERAL.—Chapter V of the Federal an applicable subsequent proposed rule; istrative order under this subsection;
Food, Drug, and Cosmetic Act is amended by in- ‘‘(II) the proposed requirements for drugs clas- ‘‘(iii) meets the general requirements for non-
serting after section 505F of such Act (21 U.S.C. sified in such tentative final monograph in cat- prescription drugs; and
355g) the following: egory I in the most recently proposed rule estab- ‘‘(iv) meets the requirements under subsections
‘‘SEC. 505G.
REGULATION OF CERTAIN NON-
lishing requirements related to such tentative (c) and (k).
PRESCRIPTION DRUGS THAT ARE final monograph and in any final rule estab- ‘‘(C) STANDARD.—The Secretary shall find
MARKETED WITHOUT AN APPROVED lishing requirements that are applicable to the that a drug is not generally recognized as safe
DRUG APPLICATION. drug; and and effective under section 201(p)(1) if—
‘‘(a) NONPRESCRIPTION DRUGS MARKETED ‘‘(III) the general requirements for non- ‘‘(i) the evidence shows that the drug is not
WITHOUT AN APPROVED APPLICATION.—Non- prescription drugs and conditions or require- generally recognized as safe and effective under
prescription drugs marketed without an ap- ments under subsection (b) or (k); and section 201(p)(1); or
proved drug application under section 505, as of ‘‘(iii) in a dosage form that, immediately prior ‘‘(ii) the evidence is inadequate to show that
the date of the enactment of this section, shall to the date of the enactment of this section, had the drug is generally recognized as safe and ef-
be treated in accordance with this subsection. been used to a material extent and for a mate- fective under section 201(p)(1).
‘‘(1) DRUGS SUBJECT TO A FINAL MONOGRAPH; rial time under section 201(p)(2); or ‘‘(2) ADMINISTRATIVE ORDERS INITIATED BY
CATEGORY I DRUGS SUBJECT TO A TENTATIVE ‘‘(B) the drug is— THE SECRETARY.—
FINAL MONOGRAPH.—A drug is deemed to be gen-
‘‘(i) classified in category I for safety and ef- ‘‘(A) IN GENERAL.—In issuing an administra-
erally recognized as safe and effective under fectiveness under a proposed monograph or ad- tive order under paragraph (1) upon the Sec-
section 201(p)(1), not a new drug under section vance notice of proposed rulemaking that is the retary’s initiative, the Secretary shall—
201(p), and not subject to section 503(b)(1), if— most recently applicable proposal or determina- ‘‘(i) make reasonable efforts to notify infor-
‘‘(A) the drug is— tion for such drug issued under part 330 of title mally, not later than 2 business days before the
‘‘(i) in conformity with the requirements for 21, Code of Federal Regulations; issuance of the proposed order, the sponsors of
nonprescription use of a final monograph issued ‘‘(ii) in conformity with the requirements for drugs who have a listing in effect under section
under part 330 of title 21, Code of Federal Regu- nonprescription use of such proposed mono- 510(j) for the drugs or combination of drugs that
lations (except as provided in paragraph (2)), graph or advance notice of proposed rule- will be subject to the administrative order;
the general requirements for nonprescription making, any applicable subsequent determina- ‘‘(ii) after any such reasonable efforts of noti-
drugs, and conditions or requirements under tion by the Secretary, the general requirements fication—
subsections (b), (c), and (k); and for nonprescription drugs, and conditions or re- ‘‘(I) issue a proposed administrative order by
‘‘(ii) except as permitted by an order issued quirements under subsection (b) or (k); and publishing it on the website of the Food and
under subsection (b) or, in the case of a minor ‘‘(iii) in a dosage form that, immediately prior Drug Administration and include in such order
change in the drug, in conformity with an order to the date of the enactment of this section, has the reasons for the issuance of such order; and
issued under subsection (c), in a dosage form been used to a material extent and for a mate- ‘‘(II) publish a notice of availability of such
that, immediately prior to the date of the enact- rial time under section 201(p)(2). proposed order in the Federal Register;
‘‘(4) CATEGORY II DRUGS DEEMED NEW ‘‘(iii) except as provided in subparagraph (B),
ment of this section, has been used to a material
DRUGS.—A drug that is classified in category II
extent and for a material time under section provide for a public comment period with respect
for safety or effectiveness under a tentative to such proposed order of not less than 45 cal-
201(p)(2); or
final monograph or that is subject to a deter- endar days; and
‘‘(B) the drug is—
‘‘(i) classified in category I for safety and ef- mination to be not generally recognized as safe ‘‘(iv) if, after completion of the proceedings
fectiveness under a tentative final monograph and effective in a proposed rule that is the most specified in clauses (i) through (iii), the Sec-
that is the most recently applicable proposal or recently applicable proposal issued under part retary determines that it is appropriate to issue
determination issued under part 330 of title 21, 330 of title 21, Code of Federal Regulations, a final administrative order—
Code of Federal Regulations; shall be deemed to be a new drug under section ‘‘(I) issue the final administrative order, to-
‘‘(ii) in conformity with the proposed require- 201(p), misbranded under section 502(ee), and gether with a detailed statement of reasons,
ments for nonprescription use of such tentative subject to the requirement for an approved new which order shall not take effect until the time
final monograph, any applicable subsequent de- drug application under section 505 beginning on for requesting judicial review under paragraph
termination by the Secretary, the general re- the day that is 180 calendar days after the date (3)(D)(ii) has expired;
quirements for nonprescription drugs, and con- of the enactment of this section, unless, before ‘‘(II) publish a notice of such final adminis-
ditions or requirements under subsections (b), such day, the Secretary determines that it is in trative order in the Federal Register;
(c), and (k); and the interest of public health to extend the period ‘‘(III) afford requestors of drugs that will be
‘‘(iii) except as permitted by an order issued during which the drug may be marketed without subject to such order the opportunity for formal
under subsection (b) or, in the case of a minor such an approved new drug application. dispute resolution up to the level of the Director
change in the drug, in conformity with an order ‘‘(5) DRUGS NOT GRASE DEEMED NEW DRUGS.— of the Center for Drug Evaluation and Re-
issued under subsection (c), in a dosage form A drug that the Secretary has determined not to search, which initially must be requested within
that, immediately prior to the date of the enact- be generally recognized as safe and effective 45 calendar days of the issuance of the order,
ment of this section, has been used to a material under section 201(p)(1) under a final determina- and, for subsequent levels of appeal, within 30
extent and for a material time under section tion issued under part 330 of title 21, Code of calendar days of the prior decision; and
201(p)(2). Federal Regulations, shall be deemed to be a ‘‘(IV) except with respect to drugs described in
‘‘(2) TREATMENT OF SUNSCREEN DRUGS.—With new drug under section 201(p), misbranded paragraph (3)(B), upon completion of the formal
respect to sunscreen drugs subject to this sec- under section 502(ee), and subject to the require- dispute resolution procedure, inform the persons
tion, the applicable requirements in terms of ment for an approved new drug application which sought such dispute resolution of their
conformity with a final monograph, for pur- under section 505. right to request a hearing.
‘‘(6) OTHER DRUGS DEEMED NEW DRUGS.—Ex- ‘‘(B) EXCEPTIONS.—When issuing an adminis-
poses of paragraph (1)(A)(i), shall be the re-
cept as provided in subsection (m), a drug is trative order under paragraph (1) on the Sec-
quirements specified in part 352 of title 21, Code
deemed to be a new drug under section 201(p) retary’s initiative proposing to determine that a
of Federal Regulations, as published on May 21,
and misbranded under section 502(ee) if the drug described in subsection (a)(3) is not gen-
1999, beginning on page 27687 of volume 64 of
drug— erally recognized as safe and effective under
the Federal Register, except that the applicable
‘‘(A) is not subject to section 503(b)(1); and
requirements governing effectiveness and label- ‘‘(B) is not described in paragraph (1), (2), (3), section 201(p)(1), the Secretary shall follow the
ing shall be those specified in section 201.327 of (4), or (5), or subsection (b)(1)(B). procedures in subparagraph (A), except that—
title 21, Code of Federal Regulations. ‘‘(b) ADMINISTRATIVE ORDERS.— ‘‘(i) the proposed order shall include notice
‘‘(3) CATEGORY III DRUGS SUBJECT TO A TEN- ‘‘(1) IN GENERAL.— of—
TATIVE FINAL MONOGRAPH; CATEGORY I DRUGS ‘‘(A) DETERMINATION.—The Secretary may, on ‘‘(I) the general categories of data the Sec-
SUBJECT TO PROPOSED MONOGRAPH OR ADVANCE the initiative of the Secretary or at the request retary has determined necessary to establish
NOTICE OF PROPOSED RULEMAKING.—A drug that of one or more requestors, issue an administra- that the drug is generally recognized as safe
is not described in paragraph (1), (2), or (4) is tive order determining whether there are condi- and effective under section 201(p)(1); and
not required to be the subject of an application tions under which a specific drug, a class of ‘‘(II) the format for submissions by interested
dlhill on DSKBBY8HB2PROD with HOUSE
approved under section 505, and is not subject to drugs, or a combination of drugs, is determined persons;
section 503(b)(1), if— to be— ‘‘(ii) the Secretary shall provide for a public
‘‘(A) the drug is— ‘‘(i) not subject to section 503(b)(1); and comment period of no less than 180 calendar
‘‘(i) classified in category III for safety or ef- ‘‘(ii) generally recognized as safe and effective days with respect to such proposed order, except
fectiveness in the preamble of a proposed rule under section 201(p)(1). when the Secretary determines, for good cause,
establishing a tentative final monograph that is ‘‘(B) EFFECT.—A drug or combination of drugs that a shorter period is in the interest of public
the most recently applicable proposal or deter- shall be deemed to not require approval under health; and
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1773
‘‘(iii) any person who submits data in such ‘‘(I) At the conclusion of a hearing requested ‘‘(ii) CONTENT OF ORDER.—An interim final
comment period shall include a certification under subparagraph (A), the presiding officer of order issued under this subparagraph with re-
that the person has submitted all evidence cre- the hearing shall issue a decision containing spect to the labeling of a drug may provide for
ated, obtained, or received by that person that findings of fact and conclusions of law. The de- new warnings and other information required
is both within the categories of data identified cision of the presiding officer shall be final. for safe use of the drug.
in the proposed order and relevant to a deter- ‘‘(II) The final decision may not take effect ‘‘(C) EFFECTIVE DATE.—An order under sub-
mination as to whether the drug is generally until the period under subparagraph (D)(ii) for paragraph (A) or (B) shall take effect on a date
recognized as safe and effective under section submitting a request for judicial review of such specified by the Secretary.
201(p)(1). decision expires. ‘‘(D) FINAL ORDER.—After the completion of
‘‘(3) HEARINGS; JUDICIAL REVIEW.— ‘‘(D) JUDICIAL REVIEW OF FINAL ADMINISTRA- the proceedings in subparagraph (A) or (B), the
‘‘(A) IN GENERAL.—Only a person who partici- TIVE ORDER.— Secretary shall—
pated in each stage of formal dispute resolution ‘‘(i) IN GENERAL.—The procedures described in ‘‘(i) issue a final order in accordance with
under subclause (III) of paragraph (2)(A)(iv) of section 505(h) shall apply with respect to judi- paragraph (1);
an administrative order with respect to a drug cial review of final administrative orders issued ‘‘(ii) publish a notice of availability of such
may request a hearing concerning a final ad- under this subsection in the same manner and to final administrative order in the Federal Reg-
ministrative order issued under such paragraph the same extent as such section applies to an ister; and
with respect to such drug. If a hearing is order described in such section except that the ‘‘(iii) afford sponsors of such drugs that will
sought, such person must submit a request for a judicial review shall be taken by filing in an ap- be subject to such an order the opportunity for
hearing, which shall be based solely on informa- propriate district court of the United States in formal dispute resolution up to the level of the
tion in the administrative record, to the Sec- lieu of the appellate courts specified in such sec- Director of the Center for Drug Evaluation and
retary not later than 30 calendar days after re- tion. Research, which must initially be within 45 cal-
‘‘(ii) PERIOD TO SUBMIT A REQUEST FOR JUDI- endar days of the issuance of the order, and for
ceiving notice of the final decision of the formal
CIAL REVIEW.—A person eligible to request a
dispute resolution procedure. subsequent levels of appeal, within 30 calendar
hearing under this paragraph and seeking judi-
‘‘(B) NO HEARING REQUIRED WITH RESPECT TO days of the prior decision.
cial review of a final administrative order issued ‘‘(E) HEARINGS.—A sponsor of a drug subject
ORDERS RELATING TO CERTAIN DRUGS.—
under this subsection shall file such request for to a final order issued under subparagraph (D)
‘‘(i) IN GENERAL.—The Secretary shall not be
judicial review not later than 60 calendar days
required to provide notice and an opportunity and that participated in each stage of formal
after the latest of—
for a hearing pursuant to paragraph (2)(A)(iv) dispute resolution under clause (iii) of such sub-
‘‘(I) the date on which notice of such order is
if the final administrative order involved relates published; paragraph may request a hearing on such order.
to a drug— ‘‘(II) the date on which a hearing with respect The provisions of subparagraphs (A), (B), and
‘‘(I) that is described in subsection (a)(3)(A); to such order is denied under subparagraph (B) (C) of paragraph (3), other than paragraph
and or (C)(i); (3)(C)(v)(II), shall apply with respect to a hear-
‘‘(II) with respect to which no human or non- ‘‘(III) the date on which a final decision is ing on such order in the same manner and to
human data studies relevant to the safety or ef- made following a hearing under subparagraph the same extent as such provisions apply with
fectiveness of such drug have been submitted to (C)(v); or respect to a hearing on an administrative order
the administrative record since the issuance of ‘‘(IV) if no hearing is requested, the date on issued under paragraph (2)(A)(iv).
the most recent tentative final monograph relat- which the time for requesting a hearing expires. ‘‘(F) TIMING.—
ing to such drug. ‘‘(4) EXPEDITED PROCEDURE WITH RESPECT TO ‘‘(i) FINAL ORDER AND HEARING.—The Sec-
‘‘(ii) HUMAN DATA STUDIES AND NON-HUMAN ADMINISTRATIVE ORDERS INITIATED BY THE SEC- retary shall—
DATA DEFINED.—In this subparagraph: RETARY.— ‘‘(I) not later than 6 months after the date on
‘‘(I) The term ‘human data studies’ means ‘‘(A) IMMINENT HAZARD TO THE PUBLIC which the comment period closes under subpara-
clinical trials of safety or effectiveness (includ- HEALTH.— graph (A) or (B), issue a final order in accord-
ing actual use studies), pharmacokinetics stud- ‘‘(i) IN GENERAL.—In the case of a determina- ance with paragraph (1); and
ies, or bioavailability studies. tion by the Secretary that a drug, class of drugs, ‘‘(II) not later than 12 months after the date
‘‘(II) The term ‘non-human data’ means data or combination of drugs subject to this section on which such final order is issued, complete
from testing other than with human subjects poses an imminent hazard to the public health, any hearing under subparagraph (E).
which provides information concerning safety or the Secretary, after first making reasonable ef- ‘‘(ii) DISPUTE RESOLUTION REQUEST.—The Sec-
effectiveness. forts to notify, not later than 48 hours before retary shall specify in an interim final order
‘‘(C) HEARING PROCEDURES.— issuance of such order under this subparagraph, issued under subparagraph (A) or (B) such
‘‘(i) DENIAL OF REQUEST FOR HEARING.—If the sponsors who have a listing in effect under sec- shorter periods for requesting dispute resolution
Secretary determines that information submitted tion 510(j) for such drug or combination of under subparagraph (D)(iii) as are necessary to
in a request for a hearing under subparagraph drugs— meet the requirements of this subparagraph.
(A) with respect to a final administrative order ‘‘(I) may issue an interim final administrative ‘‘(G) JUDICIAL REVIEW.—A final order issued
issued under paragraph (2)(A)(iv) does not iden- order for such drug, class of drugs, or combina- pursuant to subparagraph (F) shall be subject to
tify the existence of a genuine and substantial tion of drugs under paragraph (1), together with judicial review in accordance with paragraph
question of material fact, the Secretary may a detailed statement of the reasons for such (3)(D).
deny such request. In making such a determina- order; ‘‘(5) ADMINISTRATIVE ORDER INITIATED AT THE
tion, the Secretary may consider only informa- ‘‘(II) shall publish in the Federal Register a REQUEST OF A REQUESTOR.—
tion and data that are based on relevant and re- notice of availability of any such order; and ‘‘(A) IN GENERAL.—In issuing an administra-
‘‘(III) shall provide for a public comment pe-
liable scientific principles and methodologies. tive order under paragraph (1) at the request of
riod of at least 45 calendar days with respect to
‘‘(ii) SINGLE HEARING FOR MULTIPLE RELATED a requestor with respect to certain drugs, classes
such interim final order.
REQUESTS.—If more than one request for a hear- of drugs, or combinations of drugs—
‘‘(ii) NONDELEGATION.—The Secretary may not
ing is submitted with respect to the same admin- ‘‘(i) the Secretary shall, after receiving a re-
delegate the authority to issue an interim final
istrative order under subparagraph (A), the Sec- administrative order under this subparagraph. quest under this subparagraph, determine
retary may direct that a single hearing be con- ‘‘(B) SAFETY LABELING CHANGES.— whether the request is sufficiently complete and
ducted in which all persons whose hearing re- ‘‘(i) IN GENERAL.—In the case of a determina- formatted to permit a substantive review;
quests were granted may participate. tion by the Secretary that a change in the label- ‘‘(ii) if the Secretary determines that the re-
‘‘(iii) PRESIDING OFFICER.—The presiding offi- ing of a drug, class of drugs, or combination of quest is sufficiently complete and formatted to
cer of a hearing requested under subparagraph drugs subject to this section is reasonably ex- permit a substantive review, the Secretary
(A) shall— pected to mitigate a significant or unreasonable shall—
‘‘(I) be designated by the Secretary; risk of a serious adverse event associated with ‘‘(I) file the request; and
‘‘(II) not be an employee of the Center for use of the drug, the Secretary may— ‘‘(II) initiate proceedings with respect to
Drug Evaluation and Research; and ‘‘(I) make reasonable efforts to notify infor- issuing an administrative order in accordance
‘‘(III) not have been previously involved in mally, not later than 48 hours before the with paragraphs (2) and (3); and
the development of the administrative order in- issuance of the interim final order, the sponsors ‘‘(iii) except as provided in paragraph (6), if
volved or proceedings relating to that adminis- of drugs who have a listing in effect under sec- the Secretary determines that a request does not
trative order. tion 510(j) for such drug or combination of meet the requirements for filing or is not suffi-
‘‘(iv) RIGHTS OF PARTIES TO HEARING.—The drugs; ciently complete and formatted to permit a sub-
parties to a hearing requested under subpara- ‘‘(II) after reasonable efforts of notification, stantive review, the requestor may demand that
graph (A) shall have the right to present testi- issue an interim final administrative order in the request be filed over protest, and the Sec-
mony, including testimony of expert witnesses, accordance with paragraph (1) to require such retary shall initiate proceedings to review the
dlhill on DSKBBY8HB2PROD with HOUSE
and to cross-examine witnesses presented by change, together with a detailed statement of request in accordance with paragraph (2)(A).
other parties. Where appropriate, the presiding the reasons for such order; ‘‘(B) REQUEST TO INITIATE PROCEEDINGS.—
officer may require that cross-examination by ‘‘(III) publish in the Federal Register a notice ‘‘(i) IN GENERAL.—A requestor seeking an ad-
parties representing substantially the same in- of availability of such order; and ministrative order under paragraph (1) with re-
terests be consolidated to promote efficiency and ‘‘(IV) provide for a public comment period of spect to certain drugs, classes of drugs, or com-
avoid duplication. at least 45 calendar days with respect to such binations of drugs, shall submit to the Secretary
‘‘(v) FINAL DECISION.— interim final order. a request to initiate proceedings for such order
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H1774 CONGRESSIONAL RECORD — HOUSE March 27, 2020
in the form and manner as specified by the Sec- ‘‘(bb) changes described in clause (ii)(II), re- States as a nonprescription drug under com-
retary. Such requestor may submit a request lating to conditions of use. parable conditions of use;
under this subparagraph for the issuance of an ‘‘(II) NO EXCLUSIVITY ALLOWED.—No exclu- ‘‘(ii) if the drug has not been previously mar-
administrative order— sivity shall apply to changes to a drug which keted in the United States as a nonprescription
‘‘(I) determining whether a drug is generally are— drug, information sufficient for a prima facie
recognized as safe and effective under section ‘‘(aa) the subject of a Tier 2 OTC monograph demonstration that the drug was marketed and
201(p)(1), exempt from section 503(b)(1), and not order request (as defined in section 744L); safely used under comparable conditions of mar-
required to be the subject of an approved appli- ‘‘(bb) safety-related changes, as defined by keting and use in a country listed in section
cation under section 505; or the Secretary, or any other changes the Sec- 802(b)(1)(A) or designated by the Secretary in
‘‘(II) determining whether a change to a con- retary considers necessary to assure safe use; or accordance with section 802(b)(1)(B)—
dition of use of a drug is generally recognized as ‘‘(cc) changes related to methods of testing ‘‘(I) for such period as needed to provide rea-
safe and effective under section 201(p)(1), ex- safety or efficacy. sonable assurances concerning the safe non-
empt from section 503(b)(1), and not required to ‘‘(v) NEW HUMAN DATA STUDIES DEFINED.—In prescription use of the drug; and
be the subject of an approved application under this subparagraph, the term ‘new human data ‘‘(II) during such time was subject to suffi-
section 505, if, absent such a changed condition studies’ means clinical trials of safety or effec- cient monitoring by a regulatory body consid-
of use, such drug is— tiveness (including actual use studies), phar- ered acceptable by the Secretary for such moni-
‘‘(aa) generally recognized as safe and effec- macokinetics studies, or bioavailability studies, toring purposes, including for adverse events as-
tive under section 201(p)(1) in accordance with the results of which— sociated with nonprescription use of the drug;
subsection (a)(1), (a)(2), or an order under this ‘‘(I) have not been relied on by the Secretary or
subsection; or to support— ‘‘(iii) if the Secretary determines that informa-
‘‘(bb) subject to subsection (a)(3), but only if ‘‘(aa) a proposed or final determination that a tion described in clause (i) or (ii) is not needed
such requestor initiates such request in conjunc- drug described in subclause (I), (II), or (III) of to provide a prima facie demonstration that the
tion with a request for the Secretary to deter- clause (iii) is generally recognized as safe and drug can be safely marketed and used as a non-
mine whether such drug is generally recognized effective under section 201(p)(1); or prescription drug, such other information the
as safe and effective under section 201(p)(1), ‘‘(bb) approval of a drug that was approved Secretary determines is sufficient for such pur-
which is filed by the Secretary under subpara- under section 505; and poses.
graph (A)(ii). ‘‘(II) do not duplicate the results of another ‘‘(D) MARKETING PURSUANT TO NEW DRUG AP-
‘‘(ii) EXCEPTION.—The Secretary is not re- study that was relied on by the Secretary to PLICATION.—In the case of a request described in
quired to complete review of a request for a support— subparagraph (A)(ii), the drug subject to such
change described in clause (i)(II) if the Sec- ‘‘(aa) a proposed or final determination that a request may be resubmitted for filing only if—
retary determines that there is an inadequate drug described in subclause (I), (II), or (III) of ‘‘(i) the drug is marketed as a nonprescription
basis to find the drug is generally recognized as clause (iii) is generally recognized as safe and drug, under conditions of use comparable to the
safe and effective under section 201(p)(1) under effective under section 201(p)(1); or conditions specified in the request, for such pe-
paragraph (1) and issues a final order announc- ‘‘(bb) approval of a drug that was approved riod as the Secretary determines appropriate
ing that determination. under section 505. (not to exceed 5 consecutive years) pursuant to
‘‘(iii) WITHDRAWAL.—The requestor may with- ‘‘(vi) NOTIFICATION OF DRUG NOT AVAILABLE an application approved under section 505; and
draw a request under this paragraph, according FOR SALE.—A requestor that is granted exclu- ‘‘(ii) during such period, 1,000,000 retail pack-
to the procedures set forth pursuant to sub- sivity with respect to a drug under this subpara- ages of the drug, or an equivalent quantity as
section (d)(2)(B). Notwithstanding any other graph shall notify the Secretary in writing with- determined by the Secretary, were distributed
provision of this section, if such request is with- in 1 year of the issuance of the final administra- for retail sale, as determined in such manner as
drawn, the Secretary may cease proceedings tive order if the drug that is the subject of such the Secretary finds appropriate.
under this subparagraph. order will not be available for sale within 1 year ‘‘(E) RULE OF APPLICATION.—Except in the
‘‘(C) EXCLUSIVITY.— of the date of issuance of such order. The re- case of a request involving a drug described in
‘‘(i) IN GENERAL.—A final administrative order questor shall include with such notice the— section 586(9), as in effect on January 1, 2017, if
issued in response to a request under this sec- ‘‘(I) identity of the drug by established name the Secretary refuses to file a request under this
tion shall have the effect of authorizing solely and by proprietary name, if any; paragraph, the requestor may not file such re-
the order requestor (or the licensees, assignees, ‘‘(II) strength of the drug; quest over protest under paragraph (5)(A)(iii).
or successors in interest of such requestor with ‘‘(III) date on which the drug will be available ‘‘(7) PACKAGING.—An administrative order
respect to the subject of such order), for a period for sale, if known; and issued under paragraph (2), (4)(A), or (5) may
of 18 months following the effective date of such ‘‘(IV) reason for not marketing the drug after include requirements for the packaging of a
final order and beginning on the date the re- issuance of the order. drug to encourage use in accordance with label-
questor may lawfully market such drugs pursu- ‘‘(6) INFORMATION REGARDING SAFE NON- ing. Such requirements may include unit dose
ant to the order, to market drugs— PRESCRIPTION MARKETING AND USE AS CONDITION packaging, requirements for products intended
‘‘(I) incorporating changes described in clause FOR FILING A GENERALLY RECOGNIZED AS SAFE for use by pediatric populations, requirements to
(ii); and AND EFFECTIVE REQUEST.— reduce risk of harm from unsupervised inges-
‘‘(II) subject to the limitations under clause ‘‘(A) IN GENERAL.—In response to a request tion, and other appropriate requirements. This
(iv). under this section that a drug described in sub- paragraph does not authorize the Food and
‘‘(ii) CHANGES DESCRIBED.—A change de- paragraph (B) be generally recognized as safe Drug Administration to require standards or
scribed in this clause is a change subject to an and effective, the Secretary— testing procedures as described in part 1700 of
order specified in clause (i), which— ‘‘(i) may file such request, if the request in-
‘‘(I) provides for a drug to contain an active title 16, Code of Federal Regulations.
cludes information specified under subpara- ‘‘(8) FINAL AND TENTATIVE FINAL MONOGRAPHS
ingredient (including any ester or salt of the ac-
graph (C) with respect to safe nonprescription FOR CATEGORY I DRUGS DEEMED FINAL ADMINIS-
tive ingredient) not previously incorporated in a
marketing and use of such drug; or TRATIVE ORDERS.—
drug described in clause (iii); or
‘‘(ii) if the request fails to include information ‘‘(A) IN GENERAL.—A final monograph or ten-
‘‘(II) provides for a change in the conditions
specified under subparagraph (C), shall refuse tative final monograph described in subpara-
of use of a drug, for which new human data
to file such request and require that non- graph (B) shall be deemed to be a final adminis-
studies conducted or sponsored by the requestor
prescription marketing of the drug be pursuant trative order under this subsection and may be
(or for which the requestor has an exclusive
to a new drug application as described in sub- amended, revoked, or otherwise modified in ac-
right of reference) were essential to the issuance
paragraph (D). cordance with the procedures of this subsection.
of such order.
‘‘(iii) DRUGS DESCRIBED.—The drugs described ‘‘(B) DRUG DESCRIBED.—A drug described in ‘‘(B) MONOGRAPHS DESCRIBED.—For purposes
in this clause are drugs— this subparagraph is a nonprescription drug of subparagraph (A), a final monograph or ten-
‘‘(I) specified in subsection (a)(1), (a)(2), or which contains an active ingredient not pre- tative final monograph is described in this sub-
(a)(3); viously incorporated in a drug— paragraph if it—
‘‘(II) subject to a final order issued under this ‘‘(i) specified in subsection (a)(1), (a)(2), or ‘‘(i) establishes conditions of use for a drug
section; (a)(3); described in paragraph (1) or (2) of subsection
‘‘(III) subject to a final sunscreen order (as ‘‘(ii) subject to a final order under this sec- (a); and
defined in section 586(2)(A)); or tion; or ‘‘(ii) represents the most recently promulgated
‘‘(IV) described in subsection (m)(1), other ‘‘(iii) subject to a final sunscreen order (as de- version of such conditions, including as modi-
than drugs subject to an active enforcement ac- fined in section 586(2)(A)). fied, in whole or in part, by any proposed or
tion under chapter III of this Act. ‘‘(C) INFORMATION DEMONSTRATING PRIMA final rule.
‘‘(iv) LIMITATIONS ON EXCLUSIVITY.— FACIE SAFE NONPRESCRIPTION MARKETING AND ‘‘(C) DEEMED ORDERS INCLUDE HARMONIZING
dlhill on DSKBBY8HB2PROD with HOUSE
‘‘(I) IN GENERAL.—Only one 18-month period USE.—Information specified in this subpara- TECHNICAL AMENDMENTS.—The deemed estab-
under this subparagraph shall be granted, graph, with respect to a request described in lishment of a final administrative order under
under each order described in clause (i), with re- subparagraph (A)(i), is— subparagraph (A) shall be construed to include
spect to changes (to the drug subject to such ‘‘(i) information sufficient for a prima facie any technical amendments to such order as the
order) which are either— demonstration that the drug subject to such re- Secretary determines necessary to ensure that
‘‘(aa) changes described in clause (ii)(I), relat- quest has a verifiable history of being marketed such order is appropriately harmonized, in
ing to active ingredients; or and safely used by consumers in the United terms of terminology or cross-references, with
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1775
the applicable provisions of this Act (and regu- ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(i) PARTICIPATION OF MULTIPLE SPONSORS OR
lations thereunder) and any other orders issued paragraph (B), the Secretary shall— REQUESTORS.—The Secretary shall establish
under this section. ‘‘(i) make any information submitted by a re- procedures to facilitate efficient participation by
‘‘(c) PROCEDURE FOR MINOR CHANGES.— questor in support of a request under subsection multiple sponsors or requestors in proceedings
‘‘(1) IN GENERAL.—Minor changes in the dos- (b)(5)(A) available to the public not later than under this section, including provision for joint
age form of a drug that is described in para- the date on which the proposed order is issued; meetings with multiple sponsors or requestors or
graph (1) or (2) of subsection (a) or the subject and with organizations nominated by sponsors or re-
of an order issued under subsection (b) may be ‘‘(ii) make any information submitted by any questors to represent their interests in a pro-
made by a requestor without the issuance of an other person with respect to an order requested ceeding.
order under subsection (b) if— (or initiated by the Secretary) under subsection ‘‘(j) ELECTRONIC FORMAT.—All submissions
‘‘(A) the requestor maintains such information (b), available to the public upon such submis- under this section shall be in electronic format.
as is necessary to demonstrate that the change— sion. ‘‘(k) EFFECT ON EXISTING REGULATIONS GOV-
‘‘(i) will not affect the safety or effectiveness ‘‘(B) LIMITATIONS ON PUBLIC AVAILABILITY.— ERNING NONPRESCRIPTION DRUGS.—
of the drug; and Information described in subparagraph (A) shall ‘‘(1) REGULATIONS OF GENERAL APPLICABILITY
‘‘(ii) will not materially affect the extent of not be made public if— TO NONPRESCRIPTION DRUGS.—Except as pro-
absorption or other exposure to the active ingre- ‘‘(i) the information pertains to pharma- vided in this subsection, nothing in this section
dient in comparison to a suitable reference prod- ceutical quality information, unless such infor- supersedes regulations establishing general re-
uct; and mation is necessary to establish standards under quirements for nonprescription drugs, including
‘‘(B) the change is in conformity with the re- which a drug is generally recognized as safe and regulations of general applicability contained in
quirements of an applicable administrative order effective under section 201(p)(1); parts 201, 250, and 330 of title 21, Code of Fed-
‘‘(ii) the information is submitted in a re- eral Regulations, or any successor regulations.
issued by the Secretary under paragraph (3).
questor-initiated request, but the requestor
‘‘(2) ADDITIONAL INFORMATION.— The Secretary shall establish or modify such
‘‘(A) ACCESS TO RECORDS.—A sponsor shall withdraws such request, in accordance with
regulations by means of rulemaking in accord-
submit records requested by the Secretary relat- withdrawal procedures established by the Sec-
ance with section 553 of title 5, United States
ing to such a minor change under section retary, before the Secretary issues the proposed
Code.
order; ‘‘(2) REGULATIONS ESTABLISHING REQUIRE-
704(a)(4), within 15 business days of receiving
‘‘(iii) the Secretary requests and obtains the
such a request, or such longer period as the Sec- MENTS FOR SPECIFIC NONPRESCRIPTION DRUGS.—
information under subsection (c) and such in- ‘‘(A) The provisions of section 310.545 of title
retary may provide.
formation is not submitted in relation to an 21, Code of Federal Regulations, as in effect on
‘‘(B) INSUFFICIENT INFORMATION.—If the Sec-
order under subsection (b); or the day before the date of the enactment of this
retary determines that the information con- ‘‘(iv) the information is of the type contained
tained in such records is not sufficient to dem- section, shall be deemed to be a final order
in raw datasets.
onstrate that the change does not affect the ‘‘(e) UPDATES TO DRUG LISTING INFORMA- under subsection (b).
safety or effectiveness of the drug or materially ‘‘(B) Regulations in effect on the day before
TION.—A sponsor who makes a change to a drug
affect the extent of absorption or other exposure the date of the enactment of this section, estab-
subject to this section shall submit updated drug
to the active ingredient, the Secretary— lishing requirements for specific nonprescription
listing information for the drug in accordance
‘‘(i) may so inform the sponsor of the drug in drugs marketed pursuant to this section (includ-
with section 510(j) within 30 calendar days of
writing; and ing such requirements in parts 201 and 250 of
the date when the drug is first commercially
‘‘(ii) if the Secretary so informs the sponsor, title 21, Code of Federal Regulations), shall be
marketed, except that a sponsor who was the
shall provide the sponsor of the drug with a rea- deemed to be final orders under subsection (b),
order requestor with respect to an order subject
sonable opportunity to provide additional infor- only as they apply to drugs—
to subsection (b)(5)(C) (or a licensee, assignee, ‘‘(i) subject to paragraph (1), (2), (3), or (4) of
mation. or successor in interest of such requestor) shall
‘‘(C) FAILURE TO SUBMIT SUFFICIENT INFORMA- subsection (a); or
submit updated drug listing information on or ‘‘(ii) otherwise subject to an order under this
TION.—If the sponsor fails to provide such addi-
before the date when the drug is first commer- section.
tional information within a time prescribed by cially marketed.
the Secretary, or if the Secretary determines ‘‘(3) WITHDRAWAL OF REGULATIONS.—The Sec-
‘‘(f) APPROVALS UNDER SECTION 505.—The retary shall withdraw regulations establishing
that such additional information does not dem- provisions of this section shall not be construed
onstrate that the change does not— final monographs and the procedures governing
to preclude a person from seeking or maintain- the over-the-counter drug review under part 330
‘‘(i) affect the safety or effectiveness of the ing the approval of an application for a drug
drug; or and other relevant parts of title 21, Code of Fed-
under sections 505(b)(1), 505(b)(2), and 505(j). A eral Regulations (as in effect on the day before
‘‘(ii) materially affect the extent of absorption determination under this section that a drug is
or other exposure to the active ingredient in the date of the enactment of this section), or
not subject to section 503(b)(1), is generally rec- make technical changes to such regulations to
comparison to a suitable reference product, ognized as safe and effective under section
the drug as modified is a new drug under sec- ensure conformity with appropriate terminology
201(p)(1), and is not a new drug under section and cross references. Notwithstanding sub-
tion 201(p) and shall be deemed to be mis- 201(p) shall constitute a finding that the drug is
branded under section 502(ee). chapter II of chapter 5 of title 5, United States
safe and effective that may be relied upon for Code, any such withdrawal or technical
‘‘(3) DETERMINING WHETHER A CHANGE WILL
purposes of an application under section changes shall be made without public notice and
AFFECT SAFETY OR EFFECTIVENESS.—
505(b)(2), so that the applicant shall be required comment and shall be effective upon publication
‘‘(A) IN GENERAL.—The Secretary shall issue
to submit for purposes of such application only through notice in the Federal Register (or upon
one or more administrative orders specifying re-
information needed to support any modification such date as specified in such notice).
quirements for determining whether a minor
of the drug that is not covered by such deter- ‘‘(l) GUIDANCE.—The Secretary shall issue
change made by a sponsor pursuant to this sub-
mination under this section. guidance that specifies—
section will affect the safety or effectiveness of ‘‘(g) PUBLIC AVAILABILITY OF ADMINISTRATIVE
a drug or materially affect the extent of absorp- ‘‘(1) the procedures and principles for formal
ORDERS.—The Secretary shall establish, main- meetings between the Secretary and sponsors or
tion or other exposure to an active ingredient in tain, update (as determined necessary by the
the drug in comparison to a suitable reference requestors for drugs subject to this section;
Secretary but no less frequently than annually), ‘‘(2) the format and content of data submis-
product, together with guidance for applying and make publicly available, with respect to or-
those orders to specific dosage forms. sions to the Secretary under this section;
ders issued under this section— ‘‘(3) the format of electronic submissions to
‘‘(B) STANDARD PRACTICES.—The orders and ‘‘(1) a repository of each final order and in- the Secretary under this section;
guidance issued by the Secretary under sub- terim final order in effect, including the com- ‘‘(4) consolidated proceedings for appeal and
paragraph (A) shall take into account relevant plete text of the order; and the procedures for such proceedings where ap-
public standards and standard practices for ‘‘(2) a listing of all orders proposed and under propriate; and
evaluating the quality of drugs, and may take development under subsection (b)(2), includ- ‘‘(5) for minor changes in drugs, recommenda-
into account the special needs of populations, ing— tions on how to comply with the requirements in
including children. ‘‘(A) a brief description of each such order; orders issued under subsection (c)(3).
‘‘(d) CONFIDENTIALITY OF INFORMATION SUB- and ‘‘(m) RULE OF CONSTRUCTION.—
MITTED TO THE SECRETARY.— ‘‘(B) the Secretary’s expectations, if resources ‘‘(1) IN GENERAL.—This section shall not affect
‘‘(1) IN GENERAL.—Subject to paragraph (2), permit, for issuance of proposed orders over a 3- the treatment or status of a nonprescription
any information, including reports of testing year period. drug—
conducted on the drug or drugs involved, that is ‘‘(h) DEVELOPMENT ADVICE TO SPONSORS OR ‘‘(A) that is marketed without an application
submitted by a requestor in connection with pro- REQUESTORS.—The Secretary shall establish approved under section 505 as of the date of the
ceedings on an order under this section (includ- procedures under which sponsors or requestors enactment of this section;
dlhill on DSKBBY8HB2PROD with HOUSE
ing any minor change under subsection (c)) and may meet with appropriate officials of the Food ‘‘(B) that is not subject to an order issued
is a trade secret or confidential information sub- and Drug Administration to obtain advice on under this section; and
ject to section 552(b)(4) of title 5, United States the studies and other information necessary to ‘‘(C) to which paragraph (1), (2), (3), (4), or
Code, or section 1905 of title 18, United States support submissions under this section and (5) of subsection (a) do not apply.
Code, shall not be disclosed to the public unless other matters relevant to the regulation of non- ‘‘(2) TREATMENT OF PRODUCTS PREVIOUSLY
the requestor consents to that disclosure. prescription drugs and the development of new FOUND TO BE SUBJECT TO TIME AND EXTENT RE-
‘‘(2) PUBLIC AVAILABILITY.— nonprescription drugs under this section. QUIREMENTS.—
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H1776 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(A) Notwithstanding subsection (a), a drug (i) the resources used by the Food and Drug any nonprescription drug (as defined in section
described in subparagraph (B) may only be law- Administration; 505G(q) of the Federal Food, Drug, and Cos-
fully marketed, without an application ap- (ii) the impact of such provision on innova- metic Act, as added by section 3851 of this sub-
proved under section 505, pursuant to an order tion, as well as research and development in the title) which was excluded by the Food and Drug
issued under this section. nonprescription drug market; Administration from the Over-the-Counter Drug
‘‘(B) A drug described in this subparagraph is (iii) the impact of such provision on competi- Review in accordance with the paragraph num-
a drug which, prior to the date of the enactment tion in the nonprescription drug market; bered 25 on page 9466 of volume 37 of the Fed-
of this section, the Secretary determined in a (iv) the impact of such provision on consumer eral Register, published on May 11, 1972.
proposed or final rule to be ineligible for review access to nonprescription drug products; (b) RULE OF CONSTRUCTION.—Nothing in this
under the OTC drug review (as such phrase (v) the impact of such provision on the prices section shall be construed to preclude or limit
‘OTC drug review’ was used in section 330.14 of of nonprescription drug products; and the applicability of any other provision of the
title 21, Code of Federal Regulations, as in effect (vi) whether the administrative orders initi- Federal Food, Drug, and Cosmetic Act (21
on the day before the date of the enactment of ated by requestors under such section 505G have U.S.C. 301 et seq.).
this section). been sufficient to encourage the development of SEC. 3854. TREATMENT OF SUNSCREEN INNOVA-
‘‘(3) PRESERVATION OF AUTHORITY.— nonprescription drug products that would likely TION ACT.
‘‘(A) Nothing in paragraph (1) shall be con- not be otherwise developed, or developed in as (a) REVIEW OF NONPRESCRIPTION SUNSCREEN
strued to preclude or limit the applicability of timely a manner; and ACTIVE INGREDIENTS.—
any provision of this Act other than this sec- (E) whether the administrative orders initi- (1) APPLICABILITY OF SECTION 505G FOR PEND-
tion. ated by requestors under such section 505G have ING SUBMISSIONS.—
‘‘(B) Nothing in subsection (a) shall be con- been sufficient incentive to encourage innova- (A) IN GENERAL.—A sponsor of a nonprescrip-
strued to prohibit the Secretary from issuing an tion in the nonprescription drug market; and tion sunscreen active ingredient or combination
order under this section finding a drug to be not (2) an analysis of the impact of exclusivity of nonprescription sunscreen active ingredients
generally recognized as safe and effective under under such section 586C for sunscreen ingredi- that, as of the date of enactment of this Act, is
section 201(p)(1), as the Secretary determines ents, including— subject to a proposed sunscreen order under sec-
(A) the number of sunscreen ingredients that tion 586C of the Federal Food, Drug, and Cos-
appropriate.
‘‘(n) INVESTIGATIONAL NEW DRUGS.—A drug is were granted exclusivity and the specific ingre- metic Act (21 U.S.C. 360fff–3) may elect, by
not subject to this section if an exemption for in- dient that was determined to be generally recog- means of giving written notification to the Sec-
vestigational use under section 505(i) is in effect nized as safe and effective; retary of Health and Human Services within 180
(B) whether, and to what extent, the exclu- calendar days of the enactment of this Act, to
for such drug.
sivity impacted the requestor’s or sponsor’s deci- transition into the review of such ingredient or
‘‘(o) INAPPLICABILITY OF PAPERWORK REDUC-
sion to develop the sunscreen ingredient; combination of ingredients pursuant to the proc-
TION ACT.—Chapter 35 of title 44, United States
(C) whether, and to what extent, the sun- ess set out in section 505G of the Federal Food,
Code, shall not apply to collections of informa-
screen ingredient granted exclusivity had pre- Drug, and Cosmetic Act, as added by section
tion made under this section.
viously been available outside of the United 3851 of this subtitle.
‘‘(p) INAPPLICABILITY OF NOTICE AND COM-
States; (B) ELECTION EXERCISED.—Upon receipt by
MENT RULEMAKING AND OTHER REQUIRE-
(D) an analysis of the implementation of the the Secretary of Health and Human Services of
MENTS.—The requirements of subsection (b)
exclusivity provision in such section 586C, in- a timely notification under subparagraph (A)—
shall apply with respect to orders issued under
cluding— (i) the proposed sunscreen order involved is
this section instead of the requirements of sub- (i) the resources used by the Food and Drug
chapter II of chapter 5 of title 5, United States deemed to be a request for an order under sub-
Administration; section (b) of section 505G of the Federal Food,
Code. (ii) the impact of such provision on innova-
‘‘(q) DEFINITIONS.—In this section: Drug, and Cosmetic Act, as added by section
tion, as well as research and development in the 3851 of this subtitle; and
‘‘(1) The term ‘nonprescription drug’ refers to sunscreen market;
a drug not subject to the requirements of section (ii) such order is deemed to have been accept-
(iii) the impact of such provision on competi- ed for filing under subsection (b)(6)(A)(i) of such
503(b)(1). tion in the sunscreen market;
‘‘(2) The term ‘sponsor’ refers to any person section 505G.
(iv) the impact of such provision on consumer (C) ELECTION NOT EXERCISED.—If a notifica-
marketing, manufacturing, or processing a drug access to sunscreen products;
that— tion under subparagraph (A) is not received by
(v) the impact of such provision on the prices the Secretary of Health and Human Services
‘‘(A) is listed pursuant to section 510(j); and of sunscreen products; and
‘‘(B) is or will be subject to an administrative within 180 calendar days of the date of enact-
(vi) whether the administrative orders initi-
order under this section of the Food and Drug ment of this Act, the review of the proposed sun-
ated by requestors under such section 505G have
Administration. screen order described in subparagraph (A)—
been utilized by sunscreen ingredient sponsors (i) shall continue under section 586C of the
‘‘(3) The term ‘requestor’ refers to any person and whether such process has been sufficient to
or group of persons marketing, manufacturing, Federal Food, Drug, and Cosmetic Act (21
encourage the development of sunscreen ingredi- U.S.C. 360fff–3); and
processing, or developing a drug.’’. ents that would likely not be otherwise devel-
(b) GAO STUDY.—Not later than 4 years after (ii) shall not be eligible for review under sec-
oped, or developed in as timely a manner; and tion 505G, added by section 3851 of this subtitle.
the date of enactment of this Act, the Comp- (E) whether the administrative orders initi- (2) DEFINITIONS.—In this subsection, the terms
troller General of the United States shall submit ated by requestors under such section 586C have ‘‘sponsor’’, ‘‘nonprescription’’, ‘‘sunscreen ac-
a study to the Committee on Energy and Com- been sufficient incentive to encourage innova- tive ingredient’’, and ‘‘proposed sunscreen
merce of the House of Representatives and the tion in the sunscreen market. order’’ have the meanings given to those terms
Committee on Health, Education, Labor, and (c) CONFORMING AMENDMENT.—Section in section 586 of the Federal Food, Drug, and
Pensions of the Senate addressing the effective- 751(d)(1) of the Federal Food, Drug, and Cos- Cosmetic Act (21 U.S.C. 360fff).
ness and overall impact of exclusivity under sec- metic Act (21 U.S.C. 379r(d)(1)) is amended— (b) AMENDMENTS TO SUNSCREEN PROVISIONS.—
tion 505G of the Federal Food, Drug, and Cos- (1) in the matter preceding subparagraph (1) FINAL SUNSCREEN ORDERS.—Paragraph (3)
metic Act, as added by subsection (a), and sec- (A)— of section 586C(e) of the Federal Food, Drug,
tion 586C of such Act (21 U.S.C. 360fff–3), in- (A) by striking ‘‘final regulation promul- and Cosmetic Act (21 U.S.C. 360fff–3(e)) is
cluding the impact of such exclusivity on con- gated’’ and inserting ‘‘final order under section amended to read as follows:
sumer access. Such study shall include— 505G’’; and ‘‘(3) RELATIONSHIP TO ORDERS UNDER SECTION
(1) an analysis of the impact of exclusivity (B) by striking ‘‘and not misbranded’’; and 505G.—A final sunscreen order shall be deemed to
under such section 505G for nonprescription (2) in subparagraph (A), by striking ‘‘regula- be a final order under section 505G.’’.
drug products, including— tion in effect’’ and inserting ‘‘regulation or (2) MEETINGS.—Paragraph (7) of section
(A) the number of nonprescription drug prod- order in effect’’. 586C(b) of the Federal Food, Drug, and Cosmetic
ucts that were granted exclusivity and the indi- SEC. 3852. MISBRANDING. Act (21 U.S.C. 360fff–3(b)) is amended—
cation for which the nonprescription drug prod- Section 502 of the Federal Food, Drug, and (A) by striking ‘‘A sponsor may request’’ and
ucts were determined to be generally recognized Cosmetic Act (21 U.S.C. 352) is amended by add- inserting the following:
as safe and effective; ing at the end the following: ‘‘(A) IN GENERAL.—A sponsor may request’’;
(B) whether the exclusivity for such drug ‘‘(ee) If it is a nonprescription drug that is and
products was granted for— subject to section 505G, is not the subject of an (B) by adding at the end the following:
(i) a new active ingredient (including any application approved under section 505, and ‘‘(B) CONFIDENTIAL MEETINGS.—A sponsor
ester or salt of the active ingredient); or does not comply with the requirements under may request one or more confidential meetings
(ii) changes in the conditions of use of a drug, section 505G. with respect to a proposed sunscreen order, in-
for which new human data studies conducted or ‘‘(ff) If it is a drug and it was manufactured, cluding a letter deemed to be a proposed sun-
dlhill on DSKBBY8HB2PROD with HOUSE
sponsored by the requestor were essential; prepared, propagated, compounded, or processed screen order under paragraph (3), to discuss
(C) whether, and to what extent, the exclu- in a facility for which fees have not been paid matters relating to data requirements to support
sivity impacted the requestor’s or sponsor’s deci- as required by section 744M.’’. a general recognition of safety and effectiveness
sion to develop the drug product; SEC. 3853. DRUGS EXCLUDED FROM THE OVER- involving confidential information and public
(D) an analysis of the implementation of the THE-COUNTER DRUG REVIEW. information related to such proposed sunscreen
exclusivity provision in such section 505G, in- (a) IN GENERAL.—Nothing in this Act (or the order, as appropriate. The Secretary shall con-
cluding— amendments made by this Act) shall apply to vene a confidential meeting with such sponsor
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1777
in a reasonable time period. If a sponsor re- drug products set forth in part 352 of title 21, subsection in which the Secretary indicates that
quests more than one confidential meeting for Code of Federal Regulations (as in effect on the Food and Drug Administration has com-
the same proposed sunscreen order, the Sec- May 21, 1999). pleted its evaluation and revised, in a final
retary may refuse to grant an additional con- (B) ISSUANCE OF REVISED SUNSCREEN ORDER; order, as applicable, the cough and cold mono-
fidential meeting request if the Secretary deter- EFFECTIVE DATE.—A revised sunscreen order de- graph as described in subsection (a)(2).
mines that such additional confidential meeting scribed in subparagraph (A) shall be— SEC. 3856. TECHNICAL CORRECTIONS.
is not reasonably necessary for the sponsor to (i) issued in accordance with the procedures (a) IMPORTS AND EXPORTS.—Section
advance its proposed sunscreen order, or if the described in section 505G(b)(2) of the Federal 801(e)(4)(E)(iii) of the Federal Food, Drug, and
request for a confidential meeting fails to in- Food, Drug, and Cosmetic Act; Cosmetic Act (21 U.S.C. 381(e)(4)(E)(iii)) is
clude sufficient information upon which to base (ii) issued in proposed form not later than 18 amended by striking ‘‘subparagraph’’ each
a substantive discussion. The Secretary shall months after the date of enactment of this Act; place such term appears and inserting ‘‘para-
publish a post-meeting summary of each con- and graph’’.
fidential meeting under this subparagraph that (iii) issued by the Secretary at least 1 year (b) FDA REAUTHORIZATION ACT OF 2017.—
does not disclose confidential commercial infor- prior to the effective date of the revised order. (1) IN GENERAL.—Section 905(b)(4) of the FDA
mation or trade secrets. This subparagraph does (2) REPORTS.—If a revised sunscreen order Reauthorization Act of 2017 (Public Law 115–52)
not authorize the disclosure of confidential com- issued under paragraph (1) does not include is amended by striking ‘‘Section 744H(e)(2)(B)’’
mercial information or trade secrets subject to provisions related to the effectiveness of various and inserting ‘‘Section 744H(f)(2)(B)’’.
552(b)(4) of title 5, United States Code, or section sun protection factor levels, and does not ad- (2) EFFECTIVE DATE.—The amendment made
1905 of title 18, United States Code.’’. dress all dosage forms known to the Secretary to by paragraph (1) shall take effect as of the en-
(3) EXCLUSIVITY.—Section 586C of the Federal be used in sunscreens marketed in the United actment of the FDA Reauthorization Act of 2017
Food, Drug, and Cosmetic Act (21 U.S.C. 360fff– States without a new drug application approved (Public Law 115–52).
3) is amended by adding at the end the fol- under section 505 of the Federal Food, Drug, PART II—USER FEES
lowing: and Cosmetic Act (21 U.S.C. 355), the Secretary
SEC. 3861. FINDING.
‘‘(f) EXCLUSIVITY.— shall submit a report to the Committee on En-
ergy and Commerce of the House of Representa- The Congress finds that the fees authorized by
‘‘(1) IN GENERAL.—A final sunscreen order the amendments made in this part will be dedi-
shall have the effect of authorizing solely the tives and the Committee on Health, Education,
Labor, and Pensions of the Senate on the ra- cated to OTC monograph drug activities, as set
order requestor (or the licensees, assignees, or forth in the goals identified for purposes of part
successors in interest of such requestor with re- tionale for omission of such provisions from
such order, and a plan and timeline to compile 10 of subchapter C of chapter VII of the Federal
spect to the subject of such request and listed Food, Drug, and Cosmetic Act, in the letters
under paragraph (5)) for a period of 18 months, any information necessary to address such pro-
visions through such order. from the Secretary of Health and Human Serv-
to market a sunscreen ingredient under this sec- ices to the Chairman of the Committee on
tion incorporating changes described in para- (d) TREATMENT OF NON-SUNSCREEN TIME AND
EXTENT APPLICATIONS.— Health, Education, Labor, and Pensions of the
graph (2) subject to the limitations under para- Senate and the Chairman of the Committee on
graph (4), beginning on the date the requestor (1) IN GENERAL.—Any application described in
section 586F of the Federal Food, Drug, and Energy and Commerce of the House of Rep-
(or any licensees, assignees, or successors in in- resentatives, as set forth in the Congressional
terest of such requestor with respect to the sub- Cosmetic Act (21 U.S.C. 360fff–6) that was sub-
mitted to the Secretary pursuant to section Record.
ject of such request and listed under paragraph SEC. 3862. FEES RELATING TO OVER-THE-
(5)) may lawfully market such sunscreen ingre- 330.14 of title 21, Code of Federal Regulations,
as such provisions were in effect immediately COUNTER DRUGS.
dient pursuant to the order. Subchapter C of chapter VII of the Federal
‘‘(2) CHANGES DESCRIBED.—A change described prior to the date of enactment date of this Act,
shall be extinguished as of such date of enact- Food, Drug, and Cosmetic Act (21 U.S.C. 379f et
in this paragraph is a change subject to an seq.) is amended by inserting after part 9 the
order specified in paragraph (1) that permits a ment, subject to paragraph (2).
(2) ORDER REQUEST.—Nothing in paragraph following:
sunscreen to contain an active sunscreen ingre-
(1) precludes the submission of an order request ‘‘PART 10—FEES RELATING TO OVER-THE-
dient not previously incorporated in a marketed
under section 505G(b) of the Federal Food, COUNTER DRUGS
sunscreen listed in paragraph (3).
‘‘(3) MARKETED SUNSCREEN.—The marketed Drug, and Cosmetic Act, as added by section ‘‘SEC. 744L. DEFINITIONS.
sunscreen ingredients described in this para- 3851 of this subtitle, with respect to a drug that ‘‘In this part:
graph are sunscreen ingredients— was the subject of an application extinguished ‘‘(1) The term ‘affiliate’ means a business enti-
‘‘(A) marketed in accordance with a final under paragraph (1). ty that has a relationship with a second busi-
monograph for sunscreen drug products set SEC. 3855. ANNUAL UPDATE TO CONGRESS ON AP- ness entity if, directly or indirectly—
PROPRIATE PEDIATRIC INDICATION ‘‘(A) one business entity controls, or has the
forth at part 352 of title 21, Code of Federal Reg- FOR CERTAIN OTC COUGH AND
ulations (as published at 64 Fed. Reg. 27687); or power to control, the other business entity; or
COLD DRUGS. ‘‘(B) a third party controls, or has power to
‘‘(B) marketed in accordance with a final (a) IN GENERAL.—Subject to subsection (c), the
order issued under this section. control, both of the business entities.
Secretary of Health and Human Services shall, ‘‘(2) The term ‘contract manufacturing orga-
‘‘(4) LIMITATIONS ON EXCLUSIVITY.—Only one beginning not later than 1 year after the date of
18-month period may be granted per ingredient nization facility’ means an OTC monograph
enactment of this Act, annually submit to the drug facility where neither the owner of such
under paragraph (1). Committee on Energy and Commerce of the
‘‘(5) LISTING OF LICENSEES, ASSIGNEES, OR SUC- manufacturing facility nor any affiliate of such
House of Representatives and the Committee on owner or facility sells the OTC monograph drug
CESSORS IN INTEREST.—Requestors shall submit
Health, Education, Labor, and Pensions of the produced at such facility directly to whole-
to the Secretary at the time when a drug subject Senate a letter describing the progress of the
to such request is introduced or delivered for in- salers, retailers, or consumers in the United
Food and Drug Administration— States.
troduction into interstate commerce, a list of li- (1) in evaluating the cough and cold mono- ‘‘(3) The term ‘costs of resources allocated for
censees, assignees, or successors in interest graph described in subsection (b) with respect to OTC monograph drug activities’ means the ex-
under paragraph (1).’’. children under age 6; and penses in connection with OTC monograph drug
(4) SUNSET PROVISION.—Subchapter I of chap- (2) as appropriate, revising such cough and activities for—
ter V of the Federal Food, Drug, and Cosmetic cold monograph to address such children ‘‘(A) officers and employees of the Food and
Act (21 U.S.C. 360fff et seq.) is amended by add- through the order process under section 505G(b) Drug Administration, contractors of the Food
ing at the end the following: of the Federal Food, Drug, and Cosmetic Act, as and Drug Administration, advisory committees,
‘‘SEC. 586H. SUNSET. added by section 3851 of this subtitle. and costs related to such officers, employees,
‘‘This subchapter shall cease to be effective at (b) COUGH AND COLD MONOGRAPH DE- and committees and costs related to contracts
the end of fiscal year 2022.’’. SCRIBED.—The cough and cold monograph de- with such contractors;
(5) TREATMENT OF FINAL SUNSCREEN ORDER.— scribed in this subsection consists of the condi- ‘‘(B) management of information, and the ac-
The Federal Food, Drug, and Cosmetic Act is tions under which nonprescription drugs con- quisition, maintenance, and repair of computer
amended by striking section 586E of such Act (21 taining antitussive, expectorant, nasal decon- resources;
U.S.C. 360fff–5). gestant, or antihistamine active ingredients (or ‘‘(C) leasing, maintenance, renovation, and
(c) TREATMENT OF AUTHORITY REGARDING FI- combinations thereof) are generally recognized repair of facilities and acquisition, mainte-
NALIZATION OF SUNSCREEN MONOGRAPH.— as safe and effective, as specified in part 341 of nance, and repair of fixtures, furniture, sci-
(1) IN GENERAL.— title 21, Code of Federal Regulations (as in ef- entific equipment, and other necessary materials
(A) REVISION OF FINAL SUNSCREEN ORDER.— fect immediately prior to the date of enactment and supplies; and
The Secretary of Health and Human Services of this Act), and included in an order deemed to ‘‘(D) collecting fees under section 744M and
dlhill on DSKBBY8HB2PROD with HOUSE
(referred to in this subsection as the ‘‘Sec- be established under section 505G(b) of the Fed- accounting for resources allocated for OTC
retary’’) shall amend and revise the final ad- eral Food, Drug, and Cosmetic Act, as added by monograph drug activities.
ministrative order concerning nonprescription section 3851 of this subtitle. ‘‘(4) The term ‘FDA establishment identifier’ is
sunscreen (referred to in this subsection as the (c) DURATION OF AUTHORITY.—The require- the unique number automatically generated by
‘‘sunscreen order’’) for which the content, prior ment under subsection (a) shall terminate as of Food and Drug Administration’s Field Accom-
to the date of enactment of this Act, was rep- the date of a letter submitted by the Secretary of plishments and Compliance Tracking System
resented by the final monograph for sunscreen Health and Human Services pursuant to such (FACTS) (or any successor system).
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H1778 CONGRESSIONAL RECORD — HOUSE March 27, 2020
‘‘(5) The term ‘OTC monograph drug’ means a ‘‘(10)(A) The term ‘OTC monograph drug fa- ‘‘(ii) SUBSEQUENT FISCAL YEARS.—For each fis-
nonprescription drug without an approved new cility’ means a foreign or domestic business or cal year after fiscal year 2021, the facility fees
drug application which is governed by the pro- other entity that— required under subparagraph (A) shall be due
visions of section 505G. ‘‘(i) is— on the later of—
‘‘(6) The term ‘OTC monograph drug activi- ‘‘(I) under one management, either direct or ‘‘(I) the first business day of June of such
ties’ means activities of the Secretary associated indirect; and year; or
with OTC monograph drugs and inspection of ‘‘(II) at one geographic location or address en- ‘‘(II) the first business day after the enact-
facilities associated with such products, includ- gaged in manufacturing or processing the fin- ment of an appropriations Act providing for the
ing the following activities: ished dosage form of an OTC monograph drug; collection and obligation of fees under this sec-
‘‘(A) The activities necessary for review and ‘‘(ii) includes a finished dosage form manufac- tion for such year.
evaluation of OTC monographs and OTC mono- turer facility in a contractual relationship with ‘‘(2) OTC MONOGRAPH ORDER REQUEST FEE.—
graph order requests, including— the sponsor of one or more OTC monograph ‘‘(A) IN GENERAL.—Each person that submits
‘‘(i) orders proposing or finalizing applicable drugs to manufacture or process such drugs; an OTC monograph order request shall be sub-
conditions of use for OTC monograph drugs; and ject to a fee for an OTC monograph order re-
‘‘(iii) does not include a business or other en- quest. The amount of such fee shall be—
‘‘(ii) orders affecting status regarding general
tity whose only manufacturing or processing ac- ‘‘(i) for a Tier 1 OTC monograph order re-
recognition of safety and effectiveness of an
tivities are one or more of the following: produc- quest, $500,000, adjusted for inflation for the fis-
OTC monograph ingredient or combination of
tion of clinical research supplies, testing, or cal year (as determined under subsection
ingredients under specified conditions of use;
placement of outer packaging on packages con- (c)(1)(B)); and
‘‘(iii) all OTC monograph drug development
taining multiple products, for such purposes as ‘‘(ii) for a Tier 2 OTC monograph order re-
and review activities, including intra-agency
creating multipacks, when each monograph quest, $100,000, adjusted for inflation for the fis-
collaboration;
drug product contained within the overpack- cal year (as determined under subsection
‘‘(iv) regulation and policy development ac-
aging is already in a final packaged form prior (c)(1)(B)).
tivities related to OTC monograph drugs;
‘‘(v) development of product standards for to placement in the outer overpackaging. ‘‘(B) DUE DATE.—The OTC monograph order
‘‘(B) For purposes of subparagraph (A)(i)(II), request fees required under subparagraph (A)
products subject to review and evaluation;
separate buildings or locations within close shall be due on the date of submission of the
‘‘(vi) meetings referred to in section 505G(i);
proximity are considered to be at one geographic OTC monograph order request.
‘‘(vii) review of labeling prior to issuance of
location or address if the activities conducted in ‘‘(C) EXCEPTION
orders related to OTC monograph drugs or con- FOR CERTAIN SAFETY
such buildings or locations are— CHANGES.—A person who is named as the re-
ditions of use; and ‘‘(i) closely related to the same business enter-
‘‘(viii) regulatory science activities related to questor in an OTC monograph order shall not be
prise;
OTC monograph drugs. ‘‘(ii) under the supervision of the same local subject to a fee under subparagraph (A) if the
‘‘(B) Inspections related to OTC monograph management; and Secretary finds that the OTC monograph order
drugs. ‘‘(iii) under a single FDA establishment iden- request seeks to change the drug facts labeling
‘‘(C) Monitoring of clinical and other research tifier and capable of being inspected by the of an OTC monograph drug in a way that
conducted in connection with OTC monograph Food and Drug Administration during a single would add to or strengthen—
drugs. inspection. ‘‘(i) a contraindication, warning, or pre-
‘‘(D) Safety activities with respect to OTC ‘‘(C) If a business or other entity would meet caution;
monograph drugs, including— criteria specified in subparagraph (A), but for ‘‘(ii) a statement about risk associated with
‘‘(i) collecting, developing, and reviewing being under multiple management, the business misuse or abuse; or
safety information on OTC monograph drugs, or other entity is deemed to constitute multiple ‘‘(iii) an instruction about dosage and admin-
including adverse event reports; facilities, one per management entity, for pur- istration that is intended to increase the safe
‘‘(ii) developing and using improved adverse poses of this paragraph. use of the OTC monograph drug.
event data-collection systems, including infor- ‘‘(11) The term ‘OTC monograph drug meet- ‘‘(D) REFUND OF FEE IF ORDER REQUEST IS RE-
mation technology systems; and ing’ means any meeting regarding the content of CATEGORIZED AS A TIER 2 OTC MONOGRAPH ORDER
‘‘(iii) developing and using improved analyt- a proposed OTC monograph order request. REQUEST.—If the Secretary determines that an
ical tools to assess potential safety risks, includ- ‘‘(12) The term ‘person’ includes an affiliate of OTC monograph request initially characterized
ing access to external databases. a person. as Tier 1 shall be re-characterized as a Tier 2
‘‘(E) Other activities necessary for implemen- ‘‘(13) The terms ‘requestor’ and ‘sponsor’ have OTC monograph order request, and the re-
tation of section 505G. the meanings given such terms in section 505G. questor has paid a Tier 1 fee in accordance with
‘‘(7) The term ‘OTC monograph order request’ ‘‘SEC. 744M. AUTHORITY TO ASSESS AND USE OTC subparagraph (A)(i), the Secretary shall refund
means a request for an order submitted under MONOGRAPH FEES. the requestor the difference between the Tier 1
section 505G(b)(5). ‘‘(a) TYPES OF FEES.—Beginning with fiscal and Tier 2 fees determined under subparagraphs
‘‘(8) The term ‘Tier 1 OTC monograph order year 2021, the Secretary shall assess and collect (A)(i) and (A)(ii), respectively.
request’ means any OTC monograph order re- fees in accordance with this section as follows: ‘‘(E) REFUND OF FEE IF ORDER REQUEST RE-
quest not determined to be a Tier 2 OTC mono- ‘‘(1) FACILITY FEE.— FUSED FOR FILING OR WITHDRAWN BEFORE FIL-
graph order request. ‘‘(A) IN GENERAL.—Each person that owns a ING.—The Secretary shall refund 75 percent of
‘‘(9)(A) The term ‘Tier 2 OTC monograph facility identified as an OTC monograph drug the fee paid under subparagraph (B) for any
order request’ means, subject to subparagraph facility on December 31 of the fiscal year or at order request which is refused for filing or was
(B), an OTC monograph order request for— any time during the preceding 12-month period withdrawn before being accepted or refused for
‘‘(i) the reordering of existing information in shall be assessed an annual fee for each such filing.
the drug facts label of an OTC monograph drug; facility as determined under subsection (c). ‘‘(F) FEES FOR ORDER REQUESTS PREVIOUSLY
‘‘(ii) the addition of information to the other ‘‘(B) EXCEPTIONS.— REFUSED FOR FILING OR WITHDRAWN BEFORE FIL-
information section of the drug facts label of an ‘‘(i) FACILITIES THAT CEASE ACTIVITIES.—A fee ING.—An OTC monograph order request that
OTC monograph drug, as limited by section shall not be assessed under subparagraph (A) if was submitted but was refused for filing, or was
201.66(c)(7) of title 21, Code of Federal Regula- the identified OTC monograph drug facility— withdrawn before being accepted or refused for
tions (or any successor regulations); ‘‘(I) has ceased all activities related to OTC
filing, shall be subject to the full fee under sub-
‘‘(iii) modification to the directions for use monograph drugs prior to December 31 of the
paragraph (A) upon being resubmitted or filed
section of the drug facts label of an OTC mono- year immediately preceding the applicable fiscal
over protest.
graph drug, if such changes conform to changes year; and ‘‘(G) REFUND OF FEE IF ORDER REQUEST WITH-
‘‘(II) has updated its registration to reflect
made pursuant to section 505G(c)(3)(A); DRAWN.—If an order request is withdrawn after
such change under the requirements for drug es-
‘‘(iv) the standardization of the concentration the order request was filed, the Secretary may
tablishment registration set forth in section 510.
or dose of a specific finalized ingredient within ‘‘(ii) CONTRACT MANUFACTURING ORGANIZA- refund the fee or a portion of the fee if no sub-
a particular finalized monograph; TIONS.—The amount of the fee for a contract
stantial work was performed on the order re-
‘‘(v) a change to ingredient nomenclature to quest after the application was filed. The Sec-
manufacturing organization facility shall be
align with nomenclature of a standards-setting retary shall have the sole discretion to refund a
equal to two-thirds of the amount of the fee for
organization; or fee or a portion of the fee under this subpara-
an OTC monograph drug facility that is not a
‘‘(vi) addition of an interchangeable term in graph. A determination by the Secretary con-
contract manufacturing organization facility.
accordance with section 330.1 of title 21, Code of ‘‘(C) AMOUNT.—The amount of fees estab- cerning a refund under this subparagraph shall
Federal Regulations (or any successor regula- lished under subparagraph (A) shall be estab- not be reviewable.
tions). lished under subsection (c). ‘‘(3) REFUNDS.—
‘‘(B) The Secretary may, based on program ‘‘(D) DUE DATE.— ‘‘(A) IN GENERAL.—Other than refunds pro-
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implementation experience or other factors ‘‘(i) FOR FIRST PROGRAM YEAR.—For fiscal vided pursuant to any of subparagraphs (D)
found appropriate by the Secretary, charac- year 2021, the facility fees required under sub- through (G) of paragraph (2), the Secretary
terize any OTC monograph order request as a paragraph (A) shall be due on the later of— shall not refund any fee paid under paragraph
Tier 2 OTC monograph order request (including ‘‘(I) the first business day of July of 2020; or (1) except as provided in subparagraph (B).
recharacterizing a request from Tier 1 to Tier 2) ‘‘(II) 45 calendar days after publication of the ‘‘(B) DISPUTES CONCERNING FEES.—To qualify
and publish such determination in a proposed Federal Register notice provided for under sub- for the return of a fee claimed to have been paid
order issued pursuant to section 505G. section (c)(4)(A). in error under paragraph (1) or (2), a person
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March 27, 2020 CONGRESSIONAL RECORD — HOUSE H1779
shall submit to the Secretary a written request such positions for the first 3 years of the pre- cility shall submit to the Secretary the informa-
justifying such return within 180 calendar days ceding 4 fiscal years, multiplied by the propor- tion required under this subsection each year.
after such fee was paid. tion of personnel compensation and benefits Such information shall, for each fiscal year—
‘‘(4) NOTICE.—Within the timeframe specified costs to total costs of OTC monograph drug ac- ‘‘(1) be submitted as part of the requirements
in subsection (c), the Secretary shall publish in tivities for the first 3 years of the preceding 4 for drug establishment registration set forth in
the Federal Register the amount of the fees fiscal years; and section 510; and
under paragraph (1) for such fiscal year. ‘‘(II) the average annual percent change that ‘‘(2) include for each such facility, at a min-
‘‘(b) FEE REVENUE AMOUNTS.— occurred in the Consumer Price Index for urban imum, identification of the facility’s business
‘‘(1) FISCAL YEAR 2021.—For fiscal year 2021, consumers (Washington-Baltimore, DC–MD– operation as that of an OTC monograph drug
fees under subsection (a)(1) shall be established VA–WV; Not Seasonally Adjusted; All items; facility.
to generate a total facility fee revenue amount Annual Index) for the first 3 years of the pre- ‘‘(e) EFFECT OF FAILURE TO PAY FEES.—
equal to the sum of— ceding 4 years of available data multiplied by ‘‘(1) OTC MONOGRAPH DRUG FACILITY FEE.—
‘‘(A) the annual base revenue for fiscal year the proportion of all costs other than personnel ‘‘(A) IN GENERAL.—Failure to pay the fee
2021 (as determined under paragraph (3)); compensation and benefits costs to total costs of under subsection (a)(1) within 20 calendar days
‘‘(B) the dollar amount equal to the operating OTC monograph drug activities for the first 3 of the due date as specified in subparagraph (D)
reserve adjustment for the fiscal year, if appli- years of the preceding 4 fiscal years. of such subsection shall result in the following:
cable (as determined under subsection (c)(2)); ‘‘(2) OPERATING RESERVE ADJUSTMENT.— ‘‘(i) The Secretary shall place the facility on
and ‘‘(A) IN GENERAL.—For fiscal year 2021 and a publicly available arrears list.
‘‘(C) additional direct cost adjustments (as de- subsequent fiscal years, for purposes of sub- ‘‘(ii) All OTC monograph drugs manufactured
termined under subsection (c)(3)). sections (b)(1)(B) and (b)(2)(C), the Secretary in such a facility or containing an ingredient
‘‘(2) SUBSEQUENT FISCAL YEARS.—For each of may, in addition to adjustments under para- manufactured in such a facility shall be deemed
the fiscal years 2022 through 2025, fees under graph (1), further increase the fee revenue and misbranded under section 502(ff).
subsection (a)(1) shall be established to generate fees if such an adjustment is necessary to pro- ‘‘(B) APPLICATION OF PENALTIES.—The pen-
a total facility fee revenue amount equal to the vide operating reserves of carryover user fees for alties under this paragraph shall apply until
sum of— OTC monograph drug activities for not more the fee established by subsection (a)(1) is paid.
‘‘(A) the annual base revenue for the fiscal than the number of weeks specified in subpara- ‘‘(2) ORDER REQUESTS.—An OTC monograph
year (as determined under paragraph (3)); graph (B). order request submitted by a person subject to
‘‘(B) the dollar amount equal to the inflation ‘‘(B) NUMBER OF WEEKS.—The number of fees under subsection (a) shall be considered in-
adjustment for the fiscal year (as determined weeks specified in this subparagraph is— complete and shall not be accepted for filing by
under subsection (c)(1)); ‘‘(i) 3 weeks for fiscal year 2021; the Secretary until all fees owed by such person
‘‘(C) the dollar amount equal to the operating ‘‘(ii) 7 weeks for fiscal year 2022; under this section have been paid.
reserve adjustment for the fiscal year, if appli- ‘‘(iii) 10 weeks for fiscal year 2023; ‘‘(3) MEETINGS.—A person subject to fees
cable (as determined under subsection (c)(2)); ‘‘(iv) 10 weeks for fiscal year 2024; and under this section shall be considered ineligible
‘‘(D) additional direct cost adjustments (as de- ‘‘(v) 10 weeks for fiscal year 2025. for OTC monograph drug meetings until all
termined under subsection (c)(3)); and ‘‘(C) DECREASE.—If the Secretary has carry- such fees owed by such person have been paid.
‘‘(E) additional dollar amounts for each fiscal over balances for such process in excess of 10 ‘‘(f) CREDITING AND AVAILABILITY OF FEES.—
year as follows: weeks of the operating reserves referred to in ‘‘(1) IN GENERAL.—Fees authorized under sub-
‘‘(i) $7,000,000 for fiscal year 2022. subparagraph (A), the Secretary shall decrease section (a) shall be collected and available for
‘‘(ii) $6,000,000 for fiscal year 2023. the fee revenue and fees referred to in such sub- obligation only to the extent and in the amount
‘‘(iii) $7,000,000 for fiscal year 2024. paragraph to provide for not more than 10 provided in advance in appropriations Acts.
‘‘(iv) $3,000,000 for fiscal year 2025. weeks of such operating reserves. Such fees are authorized to remain available
‘‘(3) ANNUAL BASE REVENUE.—For purposes of ‘‘(D) RATIONALE FOR ADJUSTMENT.—If an ad- until expended. Such sums as may be necessary
paragraphs (1)(A) and (2)(A), the dollar amount justment under this paragraph is made, the ra- may be transferred from the Food and Drug Ad-
of the annual base revenue for a fiscal year tionale for the amount of the increase or de- ministration salaries and expenses appropria-
shall be— crease (as applicable) in fee revenue and fees tion account without fiscal year limitation to
‘‘(A) for fiscal year 2021, $8,000,000; and shall be contained in the annual Federal Reg- such appropriation account for salaries and ex-
‘‘(B) for fiscal years 2022 through 2025, the ister notice under paragraph (4) establishing fee penses with such fiscal year limitation. The
dollar amount of the total revenue amount es- revenue and fees for the fiscal year involved. sums transferred shall be available solely for
tablished under this subsection for the previous ‘‘(3) ADDITIONAL DIRECT COST ADJUSTMENT.— OTC monograph drug activities.
fiscal year, not including any adjustments made The Secretary shall, in addition to adjustments ‘‘(2) COLLECTIONS AND APPROPRIATION ACTS.—
under subsection (c)(2) or (c)(3). under paragraphs (1) and (2), further increase ‘‘(A) IN GENERAL.—Subject to subparagraph
‘‘(c) ADJUSTMENTS; ANNUAL FEE SETTING.— the fee revenue and fees for purposes of sub- (C), the fees authorized by this section shall be
‘‘(1) INFLATION ADJUSTMENT.— section (b)(2)(D) by an amount equal to— collected and available in each fiscal year in an
‘‘(A) IN GENERAL.—For purposes of subsection ‘‘(A) $14,000,000 for fiscal year 2021; amount not to exceed the amount specified in
(b)(2)(B), the dollar amount of the inflation ad- ‘‘(B) $7,000,000 for fiscal year 2022; appropriation Acts, or otherwise made available
justment to the annual base revenue for fiscal ‘‘(C) $4,000,000 for fiscal year 2023; for obligation, for such fiscal year.
year 2022 and each subsequent fiscal year shall ‘‘(D) $3,000,000 for fiscal year 2024; and ‘‘(B) USE OF FEES AND LIMITATION.—The fees
be equal to the product of— ‘‘(E) $3,000,000 for fiscal year 2025. authorized by this section shall be available to
‘‘(i) such annual base revenue for the fiscal ‘‘(4) ANNUAL FEE SETTING.— defray increases in the costs of the resources al-
year under subsection (b)(2); and ‘‘(A) FISCAL YEAR 2021.—The Secretary shall, located for OTC monograph drug activities (in-
‘‘(ii) the inflation adjustment percentage not later than the second Monday in May of cluding increases in such costs for an additional
under subparagraph (C). 2020— number of full-time equivalent positions in the
‘‘(B) OTC MONOGRAPH ORDER REQUEST FEES.— ‘‘(i) establish OTC monograph drug facility Department of Health and Human Services to be
For purposes of subsection (a)(2), the dollar fees for fiscal year 2021 under subsection (a), engaged in such activities), only if the Secretary
amount of the inflation adjustment to the fee for based on the revenue amount for such year allocates for such purpose an amount for such
OTC monograph order requests for fiscal year under subsection (b) and the adjustments pro- fiscal year (excluding amounts from fees col-
2022 and each subsequent fiscal year shall be vided under this subsection; and lected under this section) no less than
equal to the product of— ‘‘(ii) publish fee revenue, facility fees, and $12,000,000, multiplied by the adjustment factor
‘‘(i) the applicable fee under subsection (a)(2) OTC monograph order requests in the Federal applicable to the fiscal year involved under sub-
for the preceding fiscal year; and Register. section (c)(1).
‘‘(ii) the inflation adjustment percentage ‘‘(B) SUBSEQUENT FISCAL YEARS.—The Sec- ‘‘(C) COMPLIANCE.—The Secretary shall be
under subparagraph (C). retary shall, for each fiscal year that begins considered to have met the requirements of sub-
‘‘(C) INFLATION ADJUSTMENT PERCENTAGE.— after September 30, 2021, not later than the sec- paragraph (B) in any fiscal year if the costs
The inflation adjustment percentage under this ond Monday in March that precedes such fiscal funded by appropriations and allocated for OTC
subparagraph for a fiscal year is equal to— year— monograph drug activities are not more than 15
‘‘(i) for each of fiscal years 2022 and 2023, the ‘‘(i) establish for such fiscal year, based on percent below the level specified in such sub-
average annual percent change that occurred in the revenue amounts under subsection (b) and paragraph.
the Consumer Price Index for urban consumers the adjustments provided under this sub- ‘‘(D) PROVISION FOR EARLY PAYMENTS IN SUB-
(Washington-Baltimore, DC–MD–VA–WV; Not section— SEQUENT YEARS.—Payment of fees authorized
Seasonally Adjusted; All items; Annual Index) ‘‘(I) OTC monograph drug facility fees under under this section for a fiscal year (after fiscal
for the first 3 years of the preceding 4 years of subsection (a)(1); and year 2021), prior to the due date for such fees,
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available data; and ‘‘(II) OTC monograph order request fees under may be accepted by the Secretary in accordance
‘‘(ii) for each of fiscal years 2024 and 2025, the subsection (a)(2); and with authority provided in advance in a prior
sum of— ‘‘(ii) publish such fee revenue amounts, facil- year appropriations Act.
‘‘(I) the average annual percent change in the ity fees, and OTC monograph order request fees ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
cost, per full-time equivalent position of the in the Federal Register. For each of the fiscal years 2021 through 2025,
Food and Drug Administration, of all personnel ‘‘(d) IDENTIFICATION OF FACILITIES.—Each there is authorized to be appropriated for fees
compensation and benefits paid with respect to person that owns an OTC monograph drug fa- under this section an amount equal to the total
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H1780 CONGRESSIONAL RECORD — HOUSE March 27, 2020
amount of fees assessed for such fiscal year of the views and comments received under such passenger air carriers, eligible businesses that
under this section. paragraph, and any changes made to the rec- are certified under part 145 of title 14, Code of
‘‘(g) COLLECTION OF UNPAID FEES.—In any ommendations in response to such views and Federal Regulations, and approved to perform
case where the Secretary does not receive pay- comments.’’. inspection, repair, replace, or overhaul services,
ment of a fee assessed under subsection (a) TITLE IV—ECONOMIC STABILIZATION AND and ticket agents (as defined in section 40102 of
within 30 calendar days after it is due, such fee ASSISTANCE TO SEVERELY DISTRESSED title 49, United States Code).
shall be treated as a claim of the United States SECTORS OF THE UNITED STATES ECON- (2) Not more than $4,000,000,000 shall be avail-
Government subject to subchapter II of chapter OMY able to make loans and loan guarantees for
37 of title 31, United States Code. cargo air carriers.
‘‘(h) CONSTRUCTION.—This section may not be Subtitle A—Coronavirus Economic (3) Not more than $17,000,000,000 shall be
construed to require that the number of full-time Stabilization Act of 2020 available to make loans and loan guarantees for
equivalent positions in the Department of SEC. 4001. SHORT TITLE. businesses critical to maintaining national secu-
Health and Human Services, for officers, em- This subtitle may be cited as the ‘‘Coronavirus rity.
ployers, and advisory committees not engaged in Economic Stabilization Act of 2020’’. (4) Not more than the sum of $454,000,000,000
OTC monograph drug activities, be reduced to SEC. 4002. DEFINITIONS. and any amounts available under paragraphs
offset the number of officers, employees, and ad- In this subtitle: (1), (2), and (3) that are not used as provided
visory committees so engaged. (1) AIR CARRIER.—The term ‘‘air carrier’’ has under those paragraphs shall be available to
‘‘SEC. 744N. REAUTHORIZATION; REPORTING RE- the meaning such term has under section 40102 make loans and loan guarantees to, and other
QUIREMENTS. of title 49, United States Code. investments in, programs or facilities established
‘‘(a) PERFORMANCE REPORT.—Beginning with (2) CORONAVIRUS.—The term ‘‘coronavirus’’ by the Board of Governors of the Federal Re-
fiscal year 2021, and not later than 120 calendar means SARS–CoV–2 or another coronavirus with serve System for the purpose of providing liquid-
days after the end of each fiscal year thereafter pandemic potential. ity to the financial system that supports lending
for which fees are collected under this part, the (3) COVERED LOSS.—The term ‘‘covered loss’’ to eligible businesses, States, or municipalities
Secretary shall prepare and submit to the Com- includes losses incurred directly or indirectly as by—
mittee on Energy and Commerce of the House of a result of coronavirus, as determined by the (A) purchasing obligations or other interests
Representatives and the Committee on Health, Secretary. directly from issuers of such obligations or other
Education, Labor, and Pensions of the Senate a (4) ELIGIBLE BUSINESS.—The term ‘‘eligible interests;
report concerning the progress of the Food and business’’ means— (B) purchasing obligations or other interests
Drug Administration in achieving the goals (A) an air carrier; or in secondary markets or otherwise; or
identified in the letters described in section (B) a United States business that has not oth- (C) making loans, including loans or other ad-
3861(b) of the CARES Act during such fiscal erwise received adequate economic relief in the vances secured by collateral.
year and the future plans of the Food and Drug (c) TERMS AND CONDITIONS.—
form of loans or loan guarantees provided under
Administration for meeting such goals. (1) IN GENERAL.—
this Act.
‘‘(b) FISCAL REPORT.—Not later than 120 cal- (A) FORMS; TERMS AND CONDITIONS.—A loan,
(5) EMPLOYEE.—Except where the context oth-
endar days after the end of fiscal year 2021 and loan guarantee, or other investment by the Sec-
erwise requires, the term ‘‘employee’’—
each subsequent fiscal year for which fees are retary shall be made under this section in such
(A) has the meaning given the term in section
collected under this part, the Secretary shall form and on such terms and conditions and con-
2 of the National Labor Relations Act (29 U.S.C.
prepare and submit to the Committee on Energy tain such covenants, representations, warran-
152); and
and Commerce of the House of Representatives ties, and requirements (including requirements
(B) includes any individual employed by an
and the Committee on Health, Education, for audits) as the Secretary determines appro-
employer subject to the Railway Labor Act (45
Labor, and Pensions of the Senate a report on priate. Any loans made by the Secretary under
U.S.C. 151 et seq.).
the implementation of the authority for such this section shall be at a rate determined by the
(6) EQUITY SECURITY; EXCHANGE.—The terms
fees during such fiscal year and the use, by the Secretary based on the risk and the current av-
‘‘equity security’’ and ‘‘exchange’’ have the
Food and Drug Administration, of the fees col- erage yield on outstanding marketable obliga-
meanings given the terms in section 3(a) of the
lected for such fiscal year. tions of the United States of comparable matu-
Securities Exchange Act of 1934 (15 U.S.C.
‘‘(c) PUBLIC AVAILABILITY.—The Secretary rity.
78c(a)). (B) PROCEDURES.—As soon as practicable, but
shall make the reports required under sub- (7) MUNICIPALITY.—The term ‘‘municipality’’
sections (a) and (b) available to the public on in no case later than 10 days after the date of
includes— enactment of this Act, the Secretary shall pub-
the internet website of the Food and Drug Ad- (A) a political subdivision of a State, and
ministration. lish procedures for application and minimum re-
(B) an instrumentality of a municipality, a quirements, which may be supplemented by the
‘‘(d) REAUTHORIZATION.— State, or a political subdivision of a State.
‘‘(1) CONSULTATION.—In developing rec- Secretary in the Secretary’s discretion, for mak-
(8) NATIONAL SECURITIES EXCHANGE.—The ing loans, loan guarantees, or other investments
ommendations to present to the Congress with term ‘‘national securities exchange’’ means an
respect to the goals described in subsection (a), under paragraphs (1), (2) and (3) of subsection
exchange registered as a national securities ex- (b) .
and plans for meeting the goals, for OTC mono- change under section 6 of the Securities Ex-
graph drug activities for the first 5 fiscal years (2) LOANS AND LOAN GUARANTEES .—The Sec-
change Act of 1934 (15 U.S.C. 78f). retary may enter into agreements to make loans
after fiscal year 2025, and for the reauthoriza- (9) SECRETARY.—The term ‘‘Secretary’’ means
tion of this part for such fiscal years, the Sec- or loan guarantees to 1 or more eligible busi-
the Secretary of the Treasury, or the designee of nesses under paragraphs (1), (2) and (3) of sub-
retary shall consult with— the Secretary of the Treasury.
‘‘(A) the Committee on Energy and Commerce section (b) if the Secretary determines that, in
(10) STATE.—The term ‘‘State’’ means— the Secretary’s discretion—
of the House of Representatives; (A) any of the several States;
‘‘(B) the Committee on Health, Education, (A) the applicant is an eligible business for
(B) the District of Columbia; which credit is not reasonably available at the
Labor, and Pensions of the Senate;
(C) any of the territories and possessions of time of the transaction;
‘‘(C) scientific and academic experts;
the United States; (B) the intended obligation by the applicant is
‘‘(D) health care professionals;
‘‘(E) representatives of patient and consumer (D) any bi-State or multi-State entity; and prudently incurred;
advocacy groups; and (E) any Indian Tribe. (C) the loan or loan guarantee is sufficiently
‘‘(F) the regulated industry. SEC. 4003. EMERGENCY RELIEF AND TAXPAYER secured or is made at a rate that—
‘‘(2) PUBLIC REVIEW OF RECOMMENDATIONS.— PROTECTIONS. (i) reflects the risk of the loan or loan guar-
After negotiations with the regulated industry, (a) IN GENERAL.—Notwithstanding any other antee; and
the Secretary shall— provision of law, to provide liquidity to eligible (ii) is to the extent practicable, not less than
‘‘(A) present the recommendations developed businesses, States, and municipalities related to an interest rate based on market conditions for
under paragraph (1) to the congressional com- losses incurred as a result of coronavirus, the comparable obligations prevalent prior to the
mittees specified in such paragraph; Secretary is authorized to make loans, loan outbreak of the coronavirus disease 2019
‘‘(B) publish such recommendations in the guarantees, and other investments in support of (COVID–19);
Federal Register; eligible businesses, States, and municipalities (D) the duration of the loan or loan guarantee
‘‘(C) provide for a period of 30 calendar days that do not, in the aggregate, exceed is as short as practicable and in any case not
for the public to provide written comments on $500,000,000,000 and provide the subsidy longer than 5 years;
such recommendations; amounts necessary for such loans, loan guaran- (E) the agreement provides that, until the date
‘‘(D) hold a meeting at which the public may tees, and other investments in accordance with 12 months after the date the loan or loan guar-
present its views on such recommendations; and the provisions of the Federal Credit Reform Act antee is no longer outstanding, neither the eligi-
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‘‘(E) after consideration of such public views of 1990 (2 U.S.C. 661 et seq.). ble business nor any affiliate of the eligible busi-
and comments, revise such recommendations as (b) LOANS, LOAN GUARANTEES, AND OTHER IN- ness may purchase an equity security that is
necessary. VESTMENTS.—Loans, loan guarantees, and other listed on a national securities exchange of the
‘‘(3) TRANSMITTAL OF RECOMMENDATIONS.— investments made pursuant to subsection (a) eligible business or any parent company of the
Not later than January 15, 2025, the Secretary shall be made available as follows: eligible business, except to the extent required
shall transmit to the Congress the revised rec- (1) Not more than $25,000,000,000 shall be under a contractual obligation in effect as of
ommendations under paragraph (2), a summary available to make loans and loan guarantees for the date of enactment of this Act;
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