Congressional Record, Senate - August 4, 2020, S4871
Summary
This is page S4871 of the Congressional Record, Senate, August 4, 2020, with interleaved columns, printing the closing part of an amendment to the bill S. 178 whose sections 1 and 2 are replaced with a federal pandemic unemployment measure. It amends section 2104 of the Relief for Workers Affected by Coronavirus Act, changing the end date of the federal pandemic unemployment payment from July 31, 2020 to December 31, 2020 and replacing the flat $600 amount with a schedule that includes $500 and $400 amounts for later weeks. It also defines average weekly wages for several state computation methods. The page also amends the Federal Food, Drug, and Cosmetic Act so that certain refused drugs or devices valued at $2,500 or less may be destroyed without the opportunity for export.
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“Congressional Record, Senate - August 4, 2020, S4871.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4871-80a8c0f44f/
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4871
(2) by striking ‘‘The Secretary of the outside China; which was ordered to lie ‘‘(ii) for all other weeks of unemployment,
Treasury shall cause the destruction of’’ and on the table; as follows: the amount determined under paragraph
all that follows through ‘‘liable for costs pur- (1)(A) of this subsection.
suant to subsection (c).’’ and inserting the Strike sections 1 and 2 and insert the fol- ‘‘(D) AVERAGE WEEKLY WAGES.—
following: ‘‘The Secretary of the Treasury lowing: ‘‘(i) IN GENERAL.—Subject to clause (ii), for
shall cause the destruction of any such arti- SECTION 1. SHORT TITLE. purposes of this paragraph, the term ‘aver-
cle refused admission unless such article is This Act may be cited as the ‘‘Federal Pan- age weekly wages’ means, with respect to an
exported, under regulations prescribed by demic Unemployment Compensation Exten- individual, the following:
the Secretary of the Treasury, within 90 days sion Act of 2020’’. ‘‘(I) If the State computes the individual
of the date of notice of such refusal or within SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC weekly unemployment compensation benefit
such additional time as may be permitted UNEMPLOYMENT COMPENSATION amount based on an individual’s average
pursuant to such regulations, except that the TO BETTER MATCH LOST WAGES. weekly wages in a base period, an amount
Secretary of Health and Human Services (a) EXTENSION.—Section 2104(e)(2) of the equal to the individual’s average weekly
may destroy, without the opportunity for ex- Relief for Workers Affected by Coronavirus wages used in such computation.
port, any drug or device refused admission Act (contained in subtitle A of title II of di- ‘‘(II) If the State computes the individual
under this section, if such drug or device is vision A of the CARES Act (Public Law 116– weekly unemployment compensation benefit
valued at an amount that is $2,500 or less (or 136)) is amended by striking ‘‘July 31, 2020’’ amount based on high quarter wages or a for-
such higher amount as the Secretary of the and inserting ‘‘December 31, 2020’’. mula using wages across some but not all
Treasury may set by regulation pursuant to quarters in a base period, an amount equal
(b) IMPROVEMENTS TO ACCURACY OF PAY-
section 498(a)(1) of the Tariff Act of 1930 (19 to 1⁄13 of such high quarter wages or average
MENTS.—
U.S.C. 1498(a)(1))) and was not brought into wages of the applicable quarters used in the
(1) FEDERAL PANDEMIC UNEMPLOYMENT COM-
compliance as described under subsection computation for the individual.
PENSATION.—
(b). The Secretary of Health and Human ‘‘(III) If the State uses computations other
(A) IN GENERAL.—Section 2104(b) of the Re-
Services shall issue regulations providing for than the computations under subclause (I) or
lief for Workers Affected by Coronavirus Act
notice and an opportunity to appear before (II) for the individual weekly unemployment
(contained in subtitle A of title II of division
the Secretary of Health and Human Services compensation benefit amount, or for com-
A of the CARES Act (Public Law 116–136)) is putations of the weekly benefit amount
and introduce testimony, as described in the amended—
first sentence of this subsection, on destruc- under the pandemic unemployment assist-
(i) in paragraph (1)(B), by striking ‘‘of ance program under section 2102, as de-
tion of a drug or device under the seventh $600’’ and inserting ‘‘equal to the amount
sentence of this subsection. The regulations scribed in subsection (d)(1)(A)(i) or (d)(2) of
specified in paragraph (3)’’; and such section 2102, for which subclause (I) or
shall provide that prior to destruction, ap- (ii) by adding at the end the following new
propriate due process is available to the (II) do not apply, an amount equal to 1⁄52 of
paragraph: the sum of all base period wages.
owner or consignee seeking to challenge the ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM-
decision to destroy the drug or device. Where ‘‘(ii) SPECIAL RULE.—If more than one of
PLOYMENT COMPENSATION.—
the Secretary of Health and Human Services the methods of computation under sub-
‘‘(A) IN GENERAL.—The amount specified in clauses (I), (II), and (III) of clause (i) are ap-
provides notice and an opportunity to appear this paragraph is the following amount with
and introduce testimony on the destruction plicable to a State, then such term shall
respect to an individual: mean the amount determined under the ap-
of a drug or device, the Secretary of Health ‘‘(i) For weeks of unemployment beginning
and Human Services shall store and, as ap- plicable subclause of clause (i) that results
after the date on which an agreement is en- in the highest amount of average weekly
plicable, dispose of the drug or device after tered into under this section and ending on
the issuance of the notice, except that the wages.’’.
or before July 31, 2020, $600. (B) TECHNICAL AMENDMENT REGARDING AP-
owner and consignee shall remain liable for ‘‘(ii) For weeks of unemployment begin- PLICATION TO SHORT-TIME COMPENSATION PRO-
costs pursuant to subsection (c).’’. ning after the last week under clause (i) and GRAMS AND AGREEMENTS.—Section 2104(i)(2)
(b) DEFINITION.—Section 201(h) of the Fed- ending before August 31, 2020, an amount
eral Food, Drug, and Cosmetic Act (21 U.S.C. of the Relief for Workers Affected by
equal to one of the following, as determined Coronavirus Act (contained in subtitle A of
321(h)) is amended— by the State for all individuals:
(1) by redesignating subparagraphs (1), (2), title II of division A of the CARES Act (Pub-
‘‘(I) $500. lic Law 116–136)) is amended—
and (3) as clauses (A), (B), and (C), respec- ‘‘(II) $400
tively; and (i) in subparagraph (C), by striking ‘‘and’’
‘‘(iii) For weeks of unemployment begin- at the end;
(2) after making such redesignations— ning after the last week under clause (ii) and
(A) by striking ‘‘(h) The term’’ and insert- (ii) in subparagraph (D), by striking the pe-
ending on or before September 28, 2020, $400. riod at the end and inserting ‘‘; and’’; and
ing ‘‘(h)(1) The term’’; and ‘‘(iv) Subject to subparagraph (B), for
(B) by adding at the end the following: (iii) by adding at the end the following:
weeks of unemployment beginning after the ‘‘(E) short-time compensation under sec-
‘‘(2) The term ‘counterfeit device’ means a last week under clause (iii) and ending before
device which, or the container, packaging, or tion 2108 or 2109.’’.
December 31, 2020, an amount (not to exceed (2) CONFORMING AMENDMENTS.—
labeling of which, without authorization, $500) equal to one of the following, as deter-
bears a trademark, trade name, or other (A) PANDEMIC UNEMPLOYMENT ASSIST-
mined by the State for all individuals: ANCE.—Section 2102(d) of the Relief for Work-
identifying mark, imprint, or symbol, or any ‘‘(I) An amount equal to—
likeness thereof, or is manufactured using a ers Affected by Coronavirus Act (contained
‘‘(aa) 80 percent of the individual’s average in subtitle A of title II of division A of the
design, of a device manufacturer, packer, or weekly wages; minus
distributor other than the person or persons CARES Act (Public Law 116–136)) is amended
‘‘(bb) the individual’s base amount (deter- by inserting ‘‘with respect to the individual’’
who in fact manufactured, packed, or distrib- mined prior to any reductions or offsets).
uted such device and which thereby falsely after ‘‘section 2104’’ in each of paragraphs
‘‘(II) If proposed by the State as an alter- (1)(A)(ii) and (2).
purports or is represented to be the product native to subclause (I) and approved by the
of, or to have been packed or distributed by, (B) PANDEMIC EMERGENCY UNEMPLOYMENT
Secretary, an amount that results in the COMPENSATION.—Section 2107 of the Relief for
such other device manufacturer, packer, or sum of the base amount and the amount of
distributor. Workers Affected by Coronavirus Act (con-
Federal Pandemic Unemployment Com- tained in subtitle A of title II of division A
‘‘(3) For purposes of subparagraph (2)— pensation under this section being on aver-
‘‘(A) the term ‘manufactured’ refers to any of the CARES Act (Public Law 116–136)) is
age equal to 80 percent of lost wages. amended—
of the following activities: manufacture, ‘‘(B) WAIVER TO PROVIDE FLAT DOLLAR
preparation, propagation, compounding, as- (i) in subsection (a)(4)(A)(ii), by inserting
AMOUNT.—If a State determines that it is un-
sembly, or processing; and ‘‘with respect to the individual’’ after ‘‘sec-
able to calculate amounts under either sub- tion 2104’’; and
‘‘(B) the term ‘manufacturer’ means a per- clause (I) or (II) of subparagraph (A)(iv), the
son who is engaged in any of the activities (ii) in subsection (b)(2), by inserting ‘‘with
State may apply to the Secretary for a waiv- respect to the individual’’ after ‘‘section
listed in clause (A).’’. er under which the amount specified under 2104’’.
subparagraph (A)(iv) shall be $300 rather (c) CONSISTENT TREATMENT OF EARNINGS
SA 2559. Mr. ROMNEY (for himself, than the amount calculated under such sub- AND UNEMPLOYMENT COMPENSATION.—Section
Ms. COLLINS, and Ms. MCSALLY) sub- clause (I) or (II). 2104(h) of the Relief for Workers Affected by
mitted an amendment intended to be ‘‘(C) BASE AMOUNT.—For purposes of this
SSpencer on DSK126QN23PROD with SENATE
Coronavirus Act (contained in subtitle A of
proposed to amendment SA 2499 pro- paragraph, the term ‘base amount’ means, title II of division A of the CARES Act (Pub-
posed by Mr. MCCONNELL to the bill S. with respect to an individual, an amount lic Law 116–136)) is amended by adding at the
equal to— end the following new sentence: ‘‘The pre-
178, to condemn gross human rights
‘‘(i) for weeks of unemployment under the ceding sentence shall not apply to any Fed-
violations of ethnic Turkic Muslims in pandemic unemployment assistance program eral Pandemic Unemployment Compensation
Xinjiang, and calling for an end to ar- under section 2102, the amount determined paid to an individual with respect to a week
bitrary detention, torture, and harass- under subsection (d)(1)(A)(i) or (d)(2) of such of unemployment ending on or after October
ment of these communities inside and section 2102, as applicable; or 5, 2020.’’.
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S4872 CONGRESSIONAL RECORD — SENATE August 4, 2020
(d) REQUIREMENT FOR RETURN TO WORK NO- SA 2561. Mrs. CAPITO submitted an part, the amount established pursuant to
TIFICATION AND REPORTING.—Section 2104(b) amendment intended to be proposed to paragraph (3).
of the Relief for Workers Affected by amendment SA 2499 proposed by Mr. ‘‘(3) ESTABLISHMENT OF PAYMENT AMOUNT.—
Coronavirus Act (contained in subtitle A of ‘‘(A) IN GENERAL.—The Secretary shall es-
MCCONNELL to the bill S. 178, to con-
title II of division A of the CARES Act (Pub- tablish a payment methodology for a pre-
lic Law 116–136)) is amended by adding at the demn gross human rights violations of scription digital therapeutic only in accord-
end the following new paragraph: ethnic Turkic Muslims in Xinjiang, and ance with the requirements of this para-
‘‘(3) Beginning 30 days after the date of en- calling for an end to arbitrary deten- graph.
actment of this paragraph, any agreement tion, torture, and harassment of these ‘‘(B) DEVELOPMENT OF FEE SCHEDULE.—
under this section shall require that the communities inside and outside China; Within 180 days of the approval or clearance
State has in place a process to address re- which was ordered to lie on the table; described in section 1861(kkk)(1)(A), the Sec-
fusal to return to work or refusal of suitable as follows: retary shall develop a proposed fee schedule
work that includes the following: for each prescription digital therapeutic so
At the appropriate place, insert the fol-
‘‘(A) Providing a plain-language notice to approved or cleared. In developing such fee
lowing:
individuals at the time of applying for bene- schedule, the Secretary may use the gap fill-
SEC. ll. COVERAGE OF PRESCRIPTION DIGITAL
fits regarding State law provisions relating ing process described on 84 Federal Register
THERAPEUTICS UNDER THE MEDI-
to each of the following: CARE PROGRAM. 60729 through 60742 and published on Novem-
‘‘(i) Return to work requirements. ber 8, 2019.
(a) COVERAGE AS MEDICAL AND OTHER
‘‘(ii) Rights to refuse to return to work or ‘‘(C) NOTICE AND COMMENT REQUIRED.—Upon
HEALTH SERVICE.—Section 1861(s)(2) of the
to refuse suitable work. the development of the proposed fee schedule
Social Security Act (42 U.S.C. 1395x(s)(2)) is
‘‘(iii) How to contest the denial of a claim described in subparagraph (B), the Secretary
amended—
that has been denied due to a claim by an shall publish in the Federal Register such
(1) in subparagraph (GG), by striking
employer that the individual refused to re- proposed fee schedule. Section 1871 shall
‘‘and’’ at the end;
turn to work or refused suitable work. apply to any proposed fee scheduled pub-
(2) in subparagraph (HH), by striking the
‘‘(B) Providing a plain-language notice to lished pursuant to this subparagraph.
period at the end and inserting ‘‘; and’’; and
employers through any system used by em- ‘‘(4) RULE OF CONSTRUCTION.—For purposes
(3) by adding at the end the following new
ployers or any regular correspondence sent of paragraph (1), a service is ‘related’ to the
subparagraph:
to employers regarding how to notify the use of a prescription digital therapeutic if
‘‘(II) prescription digital therapeutics as
State if an individual refuses to return to the service—
defined in subsection (kkk);’’.
work. (b) PRESCRIPTION DIGITAL THERAPEUTICS ‘‘(A) is an integral part of the use of the
‘‘(C) Other items determined appropriate DEFINED.—Section 1861 of the Social Secu- prescription digital therapeutic;
by the Secretary of Labor.’’. rity Act (42 U.S.C. 1395x) is amended by add- ‘‘(B) is necessary to achieve the full in-
(e) EFFECTIVE DATE.—The amendments ing at the end thereof the following new sub- tended result of the prescription digital
made by this section (other than the amend- section: therapeutic; and
ment made by subsection (d)) shall take ef- ‘‘(kkk) PRESCRIPTION DIGITAL THERA- ‘‘(C) must, pursuant to the approval or
fect as if included in the enactment of the PEUTICS DEFINED.— clearance described in section
Relief for Workers Affected by Coronavirus ‘‘(1) IN GENERAL.—The term ‘prescription 1861(kkk)(1)(A), be adjunctive to the use of
Act (contained in subtitle A of title II of di- digital therapeutic’ means a product, device, the prescription digital therapeutic.’’.
vision A of the CARES Act (Public Law 116– internet application, or other technology (d) RULE OF CONSTRUCTION; EFFECTIVE
136)). that— DATE.—
SEC. 3. EMERGENCY DESIGNATION. ‘‘(A) is approved or cleared by the Food (1) RULE OF CONSTRUCTION.—No provision of
(a) IN GENERAL.—The amounts provided by and Drug Administration under a relevant this section, or the enactment of this sec-
this Act and the amendments made by this authority (within the meaning of paragraph tion, shall be construed to imply that, in the
Act are designated as an emergency require- (2)); case of an item or service that meets the def-
ment pursuant to section 4(g) of the Statu- ‘‘(B) has an approved indication for the inition of a prescription digital therapeutic
tory Pay-As-You-Go Act of 2010 (2 U.S.C. prevention, management, or treatment of a under this section for which coverage or pay-
933(g)). mental health or substance use disorder, in- ment under the Medicare program is already
(b) DESIGNATION IN SENATE.—In the Senate, cluding opioid use disorder; available prior to the date of the enactment
this Act and the amendments made by this ‘‘(C) uses behavioral treatment or modi- of this Act may not be covered or reimbursed
Act are designated as an emergency require- fication to achieve its intended result; and under such program.
ment pursuant to section 4112(a) of H. Con. ‘‘(D) can only be dispensed pursuant to a (2) EFFECTIVE DATE.—The amendments
Res. 71 (115th Congress), the concurrent reso- prescription. made by this section shall apply to a pre-
lution on the budget for fiscal year 2018. ‘‘(2) RELEVANT AUTHORITY DEFINED.—For scription digital therapeutic dispensed after
purposes of paragraph (1), the term ‘relevant December 31, 2020.
SEC. ll. COVERAGE OF PRESCRIPTION DIGITAL
SA 2560. Mr. COTTON submitted an authority’ means the following sections of
THERAPEUTICS UNDER THE MED-
amendment intended to be proposed to the Federal Food, Drug, and Cosmetic Act: ICAID PROGRAM.
amendment SA 2499 proposed by Mr. ‘‘(A) Section 510(k) of such Act (21 U.S.C.
Section 1905(a) of the Social Security Act
360(k)).
MCCONNELL to the bill S. 178, to con- (42 U.S.C. 1396d(a)) is amended—
‘‘(B) Section 515 of such Act (21 U.S.C.
demn gross human rights violations of (1) in paragraph (29), by striking ‘‘; and’’
360e).’’.
ethnic Turkic Muslims in Xinjiang, and and inserting a semicolon;
(c) PAYMENT FOR PRESCRIPTION DIGITAL
calling for an end to arbitrary deten- (2) by redesignating paragraph (30) as para-
THERAPEUTICS.—Section 1834 of the Social
graph (31); and
tion, torture, and harassment of these Security Act (42 U.S.C. 1395m) is amended by
(3) by inserting the following paragraph
communities inside and outside China; adding at the end the following new sub-
after paragraph (29):
which was ordered to lie on the table; section:
‘‘(x) PAYMENT FOR PRESCRIPTION DIGITAL ‘‘(30) prescription digital therapeutics (as
as follows: defined in section 1861(kkk)); and’’.
THERAPEUTICS.—
At the end of the amendment, add the fol- ‘‘(1) SEPARATE PAYMENT.—The Secretary
lowing: shall make a payment (separate from any
SA 2562. Mrs. CAPITO submitted an
SEC. 3. FUNDING LIMITATIONS. payment that may otherwise be made under amendment intended to be proposed to
(a) PROHIBITION.—None of the funds appro- this title for a related service) in the amount amendment SA 2499 proposed by Mr.
priated under this Act or under the CARES established pursuant to paragraph (3) for a MCCONNELL to the bill S. 178, to con-
Act (Public Law 116–136), as amended by this prescription digital therapeutic (as defined demn gross human rights violations of
Act, may be provided to an entity that is in section 1861(kkk)) that is furnished on or ethnic Turkic Muslims in Xinjiang, and
under the foreign ownership, control, or in- after January 1, 2021. calling for an end to arbitrary deten-
fluence of— ‘‘(2) PAYMENT RECIPIENT.—Payment under tion, torture, and harassment of these
(1) the Government of the People’s Repub- this subsection shall be made to any provider
lic of China; of services or supplier enrolled under this
communities inside and outside China;
(2) the Chinese Communist Party; or title that— which was ordered to lie on the table;
SSpencer on DSK126QN23PROD with SENATE
(3) an entity domiciled in the People’s Re- ‘‘(A) prescribes a prescription digital as follows:
public of China. therapeutic (as defined in such subsection); At the appropriate place, insert the fol-
(b) CLAWBACK.—The Secretary of the ‘‘(B) uses such prescription digital thera- lowing:
Treasury, in consultation with the Secretary peutic as an integral part of a treatment for SEC. ll. ACCESS TO NON-OPIOID TREATMENTS
of State, shall recover all of the amounts ap- a related service; and FOR PAIN.
propriated under this Act or under the ‘‘(C) agrees to accept, as payment in full, (a) IN GENERAL.—Section 1833(t) of the So-
CARES Act that were provided to entities after the application of any deductible or co- cial Security Act (42 U.S.C. 1395l(t)) is
described in subsection (a). insurance that may be applied under this amended—
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