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Congressional Record, Senate - August 4, 2020, S4774

Summary

This is page S4774 of the Congressional Record, Senate, August 4, 2020, carrying legislative text in the middle of a proposed amendment. It adds Internal Revenue Code section 6720C, a penalty of $250 on a person who fails to notify a group health plan that eligibility for continuation coverage premium assistance under the Continuous Health Coverage for Workers Act has ended. For a fraudulent failure the penalty is the greater of $250 or 110 percent of the premium assistance provided, with a reasonable cause exception. The text also covers a credit for continuation coverage premium assistance, a coordination rule with the health coverage tax credit, and appropriations to the Social Security trust funds for lost revenue.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, Senate - August 4, 2020, S4774.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4774-3431abd71e/, SHA-256 da84c97235f037df559edde985f0b74834029ffbde27c71dbb0b453ac07bd26d.

Full text

                                               S4774                                             CONGRESSIONAL RECORD — SENATE                                                           August 4, 2020
                                               an amount calculated under subsection (a)               ject to the limitations provided in this sec-           ‘‘SEC. 6720C. PENALTY FOR FAILURE TO NOTIFY
                                               through the end of the most recent payroll              tion, based on such information as the Sec-                          HEALTH PLAN OF CESSATION OF
                                                                                                                                                                            ELIGIBILITY FOR CONTINUATION
                                               period in the quarter.                                  retary shall require,                                                COVERAGE PREMIUM ASSISTANCE.
                                                 ‘‘(C) TREATMENT OF DEPOSITS.—The Sec-                   ‘‘(4) to provide for the reconciliation of
                                               retary shall waive any penalty under section                                                                       ‘‘(a) IN GENERAL.—Except in the case of
                                                                                                       such advance payment with the amount of                 failure described in subsection (b) or (c), any
                                               6656 for any failure to make a deposit of the           the credit at the time of filing the return of
                                               tax imposed by section 3111(a), or so much of                                                                   person required to notify a group health plan
                                                                                                       tax for the applicable quarter or taxable               under section 202(a)(2)(B) of the Continuous
                                               the taxes imposed under section 3221(a) as              year, and
                                               are attributable to the rate in effect under                                                                    Health Coverage for Workers Act who fails
                                                                                                         ‘‘(5) with respect to the application of the          to make such a notification at such time and
                                               section 3111(a), if the Secretary determines            credit to third party payors (including pro-
                                               that such failure was due to the anticipation                                                                   in such manner as the Secretary of Labor
                                                                                                       fessional employer organizations, certified             may require shall pay a penalty of $250.
                                               of the credit allowed under this section.               professional employer organizations, or                   ‘‘(b) INTENTIONAL FAILURE.—In the case of
                                                 ‘‘(D) TREATMENT OF PAYMENTS.—For pur-                 agents under section 3504).                             any such failure that is fraudulent, such per-
                                               poses of section 1324 of title 31, United States
                                                                                                         ‘‘(h) LIMITATION.—In the case of any period           son shall pay a penalty equal to the greater
                                               Code, any amounts due to an employer under
                                                                                                       of coverage (as defined in section 202(l) of the        of—
                                               this paragraph shall be treated in the same
                                                                                                                                                                 ‘‘(1) $250, or
                                               manner as a refund due from a credit provi-             Continuous Health Coverage for Workers
                                                                                                                                                                 ‘‘(2) 110 percent of the premium assistance
                                               sion referred to in subsection (b)(2) of such           Act) beginning on or after the date of enact-
                                                                                                                                                               provided under section 202(a)(1)(A) of the
                                               section.                                                ment of this section, no credit shall be al-            Continuous Health Coverage for Workers Act
                                                 ‘‘(3) LIMITATION ON REIMBURSEMENT FOR                 lowed under this section with respect to any            after termination of eligibility under such
                                               CERTAIN EMPLOYEES.—In the case of an indi-
                                                                                                       coverage that includes coverage of an abor-             section.
                                               vidual who for any month is an assistance el-
                                                                                                       tion (except as described in section 507(a) of            ‘‘(c) REASONABLE CAUSE EXCEPTION.—No
                                               igible individual described in subparagraph
                                                                                                       division A of Public Law 116–94).’’.                    penalty shall be imposed under this section
                                               (B) or (C) of section 202(a)(3) of the Contin-
                                                                                                         (2) SOCIAL SECURITY TRUST FUNDS HELD                  with respect to any failure if it is shown that
                                               uous Health Coverage for Workers Act with
                                                                                                       HARMLESS.—There are hereby appropriated                 such failure is due to reasonable cause and
                                               respect to any coverage, the credit deter-
                                                                                                       to the Federal Old-Age and Survivors Insur-             not to willful neglect.’’.
                                               mined with respect to such individual under
                                                                                                       ance Trust Fund and the Federal Disability                (2) CLERICAL AMENDMENT.—The table of
                                               subsection (a) for any such month ending
                                                                                                       Insurance Trust Fund established under sec-             sections of part I of subchapter B of chapter
                                               during a calendar quarter shall not exceed
                                                                                                       tion 201 of the Social Security Act (42 U.S.C.          68 of such Code is amended by adding at the
                                               the amount of premium the individual would
                                                                                                       401) and the Social Security Equivalent Ben-            end the following new item:
                                               have paid for a full month of such coverage
                                               for the month preceding the first month for             efit Account established under section 15A(a)           ‘‘Sec. 6720C. Penalty for failure to notify
                                               which an individual is such an assistance eli-          of the Railroad Retirement Act of 1974 (45                              health plan of cessation of eli-
                                               gible individual.                                       U.S.C. 231n–1(a)) amounts equal to the reduc-                           gibility for continuation cov-
                                                 ‘‘(d) GOVERNMENTAL ENTITIES.—For pur-                 tion in revenues to the Treasury by reason of                           erage premium assistance.’’.
                                               poses of this section, the term ‘person’ in-            this subsection (without regard to this para-             (c) COORDINATION WITH HCTC.—
                                               cludes any governmental entity or Indian                graph). Amounts appropriated by the pre-                  (1) IN GENERAL.—Section 35(g)(9) of the In-
                                               tribal government (as defined in section                ceding sentence shall be transferred from the           ternal Revenue Code of 1986 is amended to
                                               139E(c)(1)).                                            general fund at such times and in such man-             read as follows:
                                                 ‘‘(e) DENIAL OF DOUBLE BENEFIT.—For pur-              ner as to replicate to the extent possible the            ‘‘(9) CONTINUATION COVERAGE PREMIUM AS-
                                               poses of chapter 1, the gross income of any             transfers which would have occurred to such             SISTANCE.—In the case of an assistance eligi-
                                               person allowed a credit under this section              Trust Fund or Account had this section not              ble individual who receives premium assist-
                                               shall be increased for the taxable year which           been enacted.                                           ance for continuation coverage under section
                                               includes the last day of any calendar quarter                                                                   202(a)(1) of the Continuous Health Coverage
                                                                                                         (3) CLERICAL AMENDMENT.—The table of
                                               with respect to which such credit is allowed                                                                    for Workers Act for any month during the
                                                                                                       sections for subchapter B of chapter 65 of the
                                               by the amount of such credit. No amount for                                                                     taxable year, such individual shall not be
                                                                                                       Internal Revenue Code of 1986 is amended by
                                               which a credit is allowed under this section                                                                    treated as an eligible individual, a certified
                                               shall be taken into account as qualified                adding at the end the following new item:
                                                                                                                                                               individual, or a qualifying family member
                                               wages under section 2301 of the CARES Act               ‘‘Sec. 6432. Continuation coverage premium              for purposes of this section or section 7527
                                               or as qualified health plan expenses under                            assistance.’’.                            with respect to such month.’’.
                                               section 7001(d) or 7003(d) of the Families                (4) EFFECTIVE DATE.—The amendments                      (2) EFFECTIVE DATE.—The amendment
                                               First Coronavirus Response Act.                         made by this subsection shall apply to pre-             made by paragraph (1) shall apply to taxable
                                                 ‘‘(f) REPORTING.—Each person entitled to                                                                      years ending after the date of the enactment
                                                                                                       miums to which section 202(a)(1)(A) applies.
                                               reimbursement under subsection (a) for any                                                                      of this Act.
                                                                                                         (5) SPECIAL RULE IN CASE OF EMPLOYEE PAY-
                                               period shall submit such reports (at such                                                                         (d) EXCLUSION OF CONTINUATION COVERAGE
                                                                                                       MENT THAT IS NOT REQUIRED UNDER THIS SEC-
                                               time and in such manner) as the Secretary                                                                       PREMIUM ASSISTANCE FROM GROSS INCOME.—
                                                                                                       TION.—
                                               may require, including—                                                                                           (1) IN GENERAL.—Part III of subchapter B of
                                                 ‘‘(1) an attestation of involuntary termi-              (A) IN GENERAL.—In the case of an assist-
                                                                                                       ance eligible individual who pays, with re-             chapter 1 of the Internal Revenue Code of
                                               nation of employment, reduction of hours, or                                                                    1986 is amended by inserting after section
                                               furloughing, for each assistance eligible indi-         spect any period of coverage to which section
                                                                                                       202(a)(1)(A) applies, the amount of the pre-            139H the following new section:
                                               vidual on the basis of whose termination, re-                                                                   ‘‘SEC. 139I. CONTINUATION COVERAGE PREMIUM
                                               duction of hours, or furloughing entitlement            mium for such coverage that the individual
                                                                                                                                                                             ASSISTANCE.
                                               to reimbursement is claimed under sub-                  would have (but for this subtitle) been re-
                                                                                                                                                                 ‘‘In the case of an assistance eligible indi-
                                               section (a),                                            quired to pay, the person to whom such pay-
                                                                                                                                                               vidual (as defined in subsection (a)(3) of sec-
                                                 ‘‘(2) a report of the amount of payroll taxes         ment is payable shall reimburse such indi-
                                                                                                                                                               tion 202 of the Continuous Health Coverage
                                               offset under subsection (a) for the reporting           vidual for the amount of such premium paid.
                                                                                                                                                               for Workers Act), gross income does not in-
                                               period, and                                               (B) CREDIT OF REIMBURSEMENT.—A person
                                                                                                                                                               clude any premium assistance provided
                                                 ‘‘(3) a report containing the TINs of all             to which subparagraph (A) applies shall be
                                                                                                                                                               under subsection (a)(1) of such section.’’.
                                               covered employees, the amount of subsidy                allowed a credit in the manner provided                   (2) CLERICAL AMENDMENT.—The table of
                                               reimbursed with respect to each employee,               under section 6432 of the Internal Revenue              sections for part III of subchapter B of chap-
                                               and a designation with respect to each em-              Code of 1986 for any payment made to the                ter 1 of such Code is amended by inserting
                                               ployee as to whether the subsidy reimburse-             employee under such subparagraph.                       after the item relating to section 139H the
                                               ment is for coverage of 1 individual or 2 or              (C) PAYMENT OF CREDITS.—Any person to                 following new item:
                                               more individuals.                                       which subparagraph (A) applies shall make
                                                 ‘‘(g) REGULATIONS.—The Secretary shall                                                                        ‘‘Sec. 139I. Continuation coverage premium
                                                                                                       the payment required under such clause to
                                               issue such regulations or other guidance as                                                                                   assistance.’’.
                                                                                                       the individual not later than 60 days after
                                               may be necessary or appropriate to carry out                                                                      (3) EFFECTIVE DATE.—The amendments
                                                                                                       the date on which such individual elects con-
                                               this section, including—                                                                                        made by this subsection shall apply to tax-
                                                                                                       tinuation coverage under section 202(a)(1) of           able years ending after the date of the enact-
                                                 ‘‘(1) the requirement to report information           the Continuous Health Coverage for Workers
                                               or the establishment of other methods for                                                                       ment of this Act.




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                                                                                                       Act.
                                               verifying the correct amounts of reimburse-                                                                     SEC. 204. RULE OF CONSTRUCTION.
                                               ments under this section,                                    (b)PENALTY FOR FAILURE TO NOTIFY                     In all matters of interpretation, rules, and
                                                 ‘‘(2) the application of this section to group        HEALTH PLAN OF CESSATION OF ELIGIBILITY                 operational procedures, the language of this
                                               health plans that are multiemployer plans               FOR PREMIUM ASSISTANCE.—                                subtitle shall be interpreted broadly for the
                                               (as defined in section 3(37) of the Employee              (1) IN GENERAL.—Part I of subchapter B of             benefit of workers and their families.
                                               Retirement Income Security Act of 1974),                chapter 68 of the Internal Revenue Code of
                                                 ‘‘(3) to allow the advance payment of the             1986 is amended by adding at the end the fol-            SA 2516. Ms. MCSALLY submitted an
                                               credit determined under subsection (a), sub-            lowing new section:                                     amendment intended to be proposed by



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                                               August 4, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                     S4775
                                               her to the bill S. 178, to condemn gross                tion Program and Health Care Enhancement               tories according to the formula that applied
                                               human rights violations of ethnic                       Act (Public Law 116–139) and submit such up-           to the Public Health Emergency Prepared-
                                               Turkic Muslims in Xinjiang, and call-                   dates to the Secretary not later than 60 days          ness cooperative agreement in fiscal year
                                                                                                       after funds appropriated in this paragraph in          2019: Provided further, That not less than
                                               ing for an end to arbitrary detention,                                                                         $500,000,000 shall be allocated in coordination
                                                                                                       this Act have been awarded to such recipi-
                                               torture, and harassment of these com-                   ent: Provided further, That funds an entity            with the Director of the Indian Health Serv-
                                               munities inside and outside China;                      receives from amounts described in the first           ice, to tribes, tribal organizations, urban In-
                                               which was ordered to lie on the table;                  proviso in this paragraph may also be used             dian health organizations, or health service
                                               as follows:                                             for the rent, lease, purchase, acquisition,            providers to tribes: Provided further, That the
                                                 At the appropriate place, insert the fol-             construction, alteration, renovation, or               Secretary of Health and Human Services (re-
                                               lowing:                                                 equipping of non-federally owned facilities to         ferred to in this paragraph as the ‘‘Sec-
                                                                                                       improve coronavirus preparedness and re-               retary’’) may satisfy the funding thresholds
                                                              TITLE ll—
                                                                                                       sponse capability at the State and local               outlined in the first and third provisos under
                                                DEPARTMENT OF HEALTH AND HUMAN                                                                                this paragraph in this Act by making awards
                                                                                                       level: Provided further, That such amount is
                                                               SERVICES                                                                                       through other grant or cooperative agree-
                                                                                                       designated by the Congress as being for an
                                                        OFFICE OF THE SECRETARY                        emergency requirement pursuant to section              ment mechanisms: Provided further, That the
                                                    PUBLIC HEALTH AND SOCIAL SERVICES                  251(b)(2)(A)(i) of the Balanced Budget and             Governor or designee of each State, locality,
                                                             EMERGENCY FUND                            Emergency Deficit Control Act of 1985.                 territory, tribe, or tribal organization re-
                                                       (INCLUDING TRANSFER OF FUNDS)                                                                          ceiving funds pursuant to this title shall up-
                                                 For an additional amount for ‘‘Public                   SA 2517. Ms. MCSALLY submitted an                    date their plans, as applicable, for COVID–19
                                                                                                       amendment intended to be proposed to                   testing and contact tracing submitted to the
                                               Health and Social Services Emergency
                                                                                                       amendment SA 2499 proposed by Mr.                      Secretary pursuant to the Paycheck Protec-
                                               Fund’’, $16,000,000,000, to remain available
                                                                                                       MCCONNELL to the bill S. 178, to con-                  tion Program and Health Care Enhancement
                                               until expended, to prevent, prepare for, and
                                                                                                                                                              Act (Public Law 116–139) and submit such up-
                                               respond to coronavirus, domestically or                 demn gross human rights violations of                  dates to the Secretary not later than 60 days
                                               internationally, which shall be for necessary           ethnic Turkic Muslims in Xinjiang, and                 after funds appropriated in this paragraph in
                                               expenses for testing, contact tracing, sur-             calling for an end to arbitrary deten-                 this Act have been awarded to such recipi-
                                               veillance, containment, and mitigation to
                                                                                                       tion, torture, and harassment of these                 ent: Provided further, That funds an entity
                                               monitor and suppress COVID–19, including
                                               tests for both active infection and prior ex-           communities inside and outside China;                  receives from amounts described in the first
                                                                                                       which was ordered to lie on the table;                 proviso in this paragraph may also be used
                                               posure, including molecular, antigen, and se-
                                                                                                       as follows:                                            for the rent, lease, purchase, acquisition,
                                               rological tests, the manufacturing, procure-
                                                                                                                                                              construction, alteration, renovation, or
                                               ment and distribution of tests, testing equip-            At the appropriate place, insert the fol-
                                                                                                                                                              equipping of non-federally owned facilities to
                                               ment and testing supplies, including per-               lowing:
                                                                                                                                                              improve coronavirus preparedness and re-
                                               sonal protective equipment needed for ad-                              TITLE ll—                               sponse capability at the State and local
                                               ministering tests, the development and vali-             DEPARTMENT OF HEALTH AND HUMAN                        level: Provided further, That such amount is
                                               dation of rapid, molecular point-of-care                                SERVICES                               designated by the Congress as being for an
                                               tests, and other tests, support for workforce,
                                                                                                                OFFICE OF THE SECRETARY                       emergency requirement pursuant to section
                                               epidemiology, to scale up academic, commer-
                                                                                                             PUBLIC HEALTH AND SOCIAL SERVICES                251(b)(2)(A)(i) of the Balanced Budget and
                                               cial, public health, and hospital laboratories,
                                                                                                                      EMERGENCY FUND                          Emergency Deficit Control Act of 1985.
                                               to conduct surveillance and contact tracing,
                                               support development of COVID–19 testing                         (INCLUDING TRANSFER OF FUNDS)
                                                                                                                                                                SA 2518. Mr. BLUNT (for himself,
                                               plans, and other related activities related to            For an additional amount for ‘‘Public
                                               COVID–19 testing: Provided, That of the                 Health and Social Services Emergency
                                                                                                                                                              Mrs. CAPITO, and Mrs. HYDE-SMITH)
                                               amount appropriated under this paragraph in             Fund’’, $16,000,000,000, to remain available           submitted an amendment intended to
                                               this Act, not less than $15,000,000,000 shall be        until expended, to prevent, prepare for, and           be proposed by him to the bill S. 178, to
                                               for States, localities, territories, tribes, trib-      respond to coronavirus, domestically or                condemn gross human rights violations
                                               al organizations, urban Indian health organi-           internationally, which shall be for necessary          of ethnic Turkic Muslims in Xinjiang,
                                               zations, or health service providers to tribes          expenses for testing, contact tracing, sur-            and calling for an end to arbitrary de-
                                               for necessary expenses for testing, contact             veillance, containment, and mitigation to              tention, torture, and harassment of
                                               tracing, surveillance, containment, and miti-           monitor and suppress COVID–19, including               these communities inside and outside
                                               gation, including support for workforce, epi-           tests for both active infection and prior ex-
                                               demiology, use by employers, elementary                 posure, including molecular, antigen, and se-
                                                                                                                                                              China; which was ordered to lie on the
                                               and secondary schools, child care facilities,           rological tests, the manufacturing, procure-           table; as follows:
                                               institutions of higher education, long-term             ment and distribution of tests, testing equip-           At the appropriate place, insert the fol-
                                               care facilities, or in other settings, scale up         ment and testing supplies, including per-              lowing:
                                               of testing by public health, academic, com-             sonal protective equipment needed for ad-               DEPARTMENT OF HEALTH AND HUMAN
                                               mercial, and hospital laboratories, and com-            ministering tests, the development and vali-                             SERVICES
                                               munity-based testing sites, health care fa-             dation of rapid, molecular point-of-care                      NATIONAL INSTITUTES OF HEALTH
                                               cilities, and other entities engaged in                 tests, and other tests, support for workforce,          NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
                                               COVID–19 testing, and other related activi-             epidemiology, to scale up academic, commer-              For an additional amount for ‘‘National
                                               ties related to COVID–19 testing, contact               cial, public health, and hospital laboratories,        Heart,     Lung,    and   Blood   Institute’’,
                                               tracing, surveillance, containment, and miti-           to conduct surveillance and contact tracing,           $290,000,000, to remain available until Sep-
                                               gation: Provided further, That the amount               support development of COVID–19 testing                tember 30, 2024, to prevent, prepare for, and
                                               identified in the preceding proviso shall be            plans, and other related activities related to         respond to coronavirus, domestically or
                                               allocated to States, localities, and terri-             COVID–19 testing: Provided, That of the                internationally: Provided, That such amount
                                               tories according to the formula that applied            amount appropriated under this paragraph in            is designated by the Congress as being for an
                                               to the Public Health Emergency Prepared-                this Act, not less than $15,000,000,000 shall be       emergency requirement pursuant to section
                                               ness cooperative agreement in fiscal year               for States, localities, territories, tribes, trib-     251(b)(2)(A)(i) of the Balanced Budget and
                                               2019: Provided further, That not less than              al organizations, urban Indian health organi-          Emergency Deficit Control Act of 1985.
                                               $500,000,000 shall be allocated in coordination         zations, or health service providers to tribes
                                                                                                                                                                     NATIONAL INSTITUTE OF DIABETES AND
                                               with the Director of the Indian Health Serv-            for necessary expenses for testing, contact
                                                                                                                                                                       DIGESTIVE AND KIDNEY DISEASES
                                               ice, to tribes, tribal organizations, urban In-         tracing, surveillance, containment, and miti-
                                               dian health organizations, or health service            gation, including support for workforce, epi-            For an additional amount for ‘‘National In-
                                               providers to tribes: Provided further, That the         demiology, use by employers, elementary                stitute of Diabetes and Digestive and Kidney
                                               Secretary of Health and Human Services (re-             and secondary schools, child care facilities,          Diseases’’, $200,000,000, to remain available
                                               ferred to in this paragraph as the ‘‘Sec-               institutions of higher education, long-term            until September 30, 2024, to prevent, prepare
                                               retary’’) may satisfy the funding thresholds            care facilities, or in other settings, scale up        for, and respond to coronavirus, domestically
                                               outlined in the first and third provisos under          of testing by public health, academic, com-            or internationally: Provided, That such
                                               this paragraph in this Act by making awards             mercial, and hospital laboratories, and com-           amount is designated by the Congress as




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                                               through other grant or cooperative agree-               munity-based testing sites, health care fa-            being for an emergency requirement pursu-
                                               ment mechanisms: Provided further, That the             cilities, and other entities engaged in                ant to section 251(b)(2)(A)(i) of the Balanced
                                               Governor or designee of each State, locality,           COVID–19 testing, and other related activi-            Budget and Emergency Deficit Control Act
                                               territory, tribe, or tribal organization re-            ties related to COVID–19 testing, contact              of 1985.
                                               ceiving funds pursuant to this title shall up-          tracing, surveillance, containment, and miti-                 NATIONAL INSTITUTE OF ALLERGY AND
                                               date their plans, as applicable, for COVID–19           gation: Provided further, That the amount                            INFECTIOUS DISEASES
                                               testing and contact tracing submitted to the            identified in the preceding proviso shall be             For an additional amount for ‘‘National In-
                                               Secretary pursuant to the Paycheck Protec-              allocated to States, localities, and terri-            stitute of Allergy and Infectious Diseases’’,




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